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Legal Memorandum: Timeliness of an Appeal

Issue: Under the laws of the U.S. Virgin Islands, when is an appeal untimely?

Area of Law: Litigation & Procedure
Keywords: Appeal; Prescribed Time
Jurisdiction: Virgin Islands
Cited Cases: None
Cited Statutes: LRCi 72.1(b)(3); Fed. R. Civ. P. 6(a)
Date: 06/01/2007

LRCi 72.1(b)(3) supplies the applicable Rule.  That Rule provides that “[a]ny party may appeal from a Magistrate Judge’s determination of a nondispositive matter within ten (10) days after entry of the Magistrate Judge’s order.”  LRCi 72.1(b)(3) (emphasis added).  Because the “time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the calculation.”  Fed. R. Civ. P. 6(a).  Memorial Day is expressly included as a “legal holiday.”  Id.

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