Proposed Amendments to the State Bar Rules Regarding Computing Deadlines (Amended State Bar Rules 1.22 and 1.23)
The State Bar seeks public comment on proposed amendments to rules 1.22 and 1.23 to clarify the historical practice that if any deadline falls on a Saturday, Sunday, or State Bar holiday, the deadline to act is extended to the next business day. The State Bar further proposes to amend State Bar rule 1.22 to define “Business Day.”
Deadline: July 6, 2026, 11:59 p.m. (45 days)
Direct comments to
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
Background
Title 1 of the State Bar rules provides the structural framework and scope for all the State Bar rules. Rule 1.22 includes general definitions that apply to the rules. Rule 1.23 provides that the date for performing an act required by the State Bar rules is computed by excluding the first day and including the last, unless the State Bar is closed on the last day. It also provides that the State Bar is closed on Saturdays, Sundays, and State Bar holidays. While the current version of rule 1.23 applies to calculating the last day to act, the rule does not clearly apply to a set calendar deadline in the Schedule of Charges and Deadlines.
Staff proposes amending this rule to clarify that if a deadline to perform an act as set forth in the Schedule of Charges and Deadlines falls on a Saturday, Sunday, or State Bar holiday, the deadline to act is extended to and includes the next business day. This amendment would add clarity and codify the State Bar’s current practice. For example, the deadline in the Schedule of Charges and Deadlines for the individual reporting requirements that are part of the Attorney Annual Renewal is March 30. In 2025, the Attorney Annual Renewal deadline was extended to April 1, 2025, due to March 30 falling on Sunday and March 31 being a State Bar holiday. Staff further proposes to amend State Bar rule 1.22 to define “Business Day” as a day the State Bar is open for business and does not include Saturdays, Sundays, or State Bar holidays, as set forth on the State Bar website.
Discussion/proposal
State Bar rule 1.23 provides that the date for performing an act required by the State Bar rules is computed by excluding the first day and including the last, unless the State Bar is closed on the last day. The rule addresses calculating deadlines when they are based on a number of days, but the rule does not expressly provide an extension of a deadline when it falls on a weekend or holiday.
The State Bar proposes to amend the rule to clarify the historical practice that if any deadline falls on a Saturday, Sunday, or State Bar holiday, the deadline to act is extended to the next business day. The State Bar further proposes to amend State Bar rule 1.22 to define “Business Day.”
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
