How is a time limit calculated in civil proceedings?
Verified 31 October 2023 - Legal and Administrative Information Directorate (Prime Minister)
In certain civil proceedings, steps must be taken before or after a certain period has elapsed.
The calculation of this period differs slightly depending on whether the period is expressed in days, in month or years.
In days
The departure day is the next day the act, event, decision or notification which causes the time limit to run in accordance with the law.
Example :
if you receive a subpoena before the court on monday, the deadline starts on tuesday; the day of receipt of the document does not count.
The last day counts fully within the deadline (until midnight, i.e. until 11.59pm inclusive). This means that the necessary formalities or acts must be carried out (call, opposition, appeal in cassation...) before the end of the last day and not the following day.
If the period obtained after calculation ends on a Saturday, Sunday or public holiday, or unemployed person, the time limit is extended to 1er working day next. This means that when the deadline ends on a Saturday or Sunday, the last day will be the following Monday.
Example :
if the three-day period starts on thursday and normally ends on saturday, it is extended until monday.
When the deadline ends on a public holidayThen the last day will be the next day. If the day following the public holiday is a Saturday or a Sunday, the deadline ends on the following Monday.
Example :
If the 3-day deadline ends on Friday 14 July (public holiday), it is extended until Monday 17 July.
If after extension, the last day obtained is still a public holiday, a Saturday or a Sunday, it is extended again, according to the same principles.
Warning
the calculated delay is lengthened if the opponent lives in overseas or to the foreigner. It is increased one month or 2 months.
Example :
Day of departure (day following the act) | Theoretical Last Day | True last day |
|---|---|---|
Thursday, February 8, 2024 | Saturday, February 17, 2024 | Monday, February 19, 2024 |
Tuesday, March 5, 2024 | Thursday, March 14, 2024 | Thursday, March 14, 2024 |
Wednesday, March 20, 2024 | Friday, March 29, 2024 (it is Good Friday, a holiday in departments 57, 67 and 68) | Friday, March 29, 2024 except in departments 57, 67 and 68 tuesday 2 april 2024 |
Tuesday, April 30, 2024 | Thursday, May 9, 2024 (holiday) | Friday, May 10, 2024 |
Wednesday, October 23, 2024 | Friday 1er november 2024 (holiday) | Monday, November 4, 2024 |
Please note
if the time limit includes months and days, it shall be counted as a time limit expressed in month, to which is added a time limit expressed in days.
In months
The departure day is that of the act, event, decision or notification which causes the time limit to run in accordance with the law.
Example :
If on the day you receive a subpoena before the court is on monday, the deadline starts on monday, the day of receipt of the document counts.
The time is limited if possible from date to date : it theoretically ends on the same day as that of departure, but of another month (the last of the deadline).
The last day counts fully within the deadline (until midnight, i.e. until 11.59pm inclusive). This means that the necessary formalities or acts must be carried out (call, opposition, appeal in cassation...) before the end of the last day and not the following day.
If the period obtained after calculation ends on a Saturday, Sunday or public holiday, or unemployed person, the time limit is extended to 1er working day next. This means that when the deadline ends on a Saturday or Sunday, the last day will be the following Monday.
When the deadline ends on a public holidayThen the last day will be the next day. If the day following the public holiday is a Saturday or a Sunday, the deadline ends on the following Monday.
If after extension, the last day obtained is still a public holiday, a Saturday or a Sunday, it is extended again, according to the same principles.
Warning
the calculated delay is lengthened if the opponent lives in overseas or to the foreigner. It is increased one month or 2 months.
Example :
Day of departure | Theoretical Last Day | True last day |
|---|---|---|
Monday 1er july 2024 | Friday 1er november 2024 (holiday) | Monday, November 4, 2024 |
Monday, August 19, 2024 | Thursday, December 19, 2024 | Thursday, December 19, 2024 |
Thursday, August 22, 2024 | Sunday, December 22, 2024 | Monday, December 23, 2024 |
Monday, July 31, 2026 | Monday, November 30, 2026 (last day of the month) | Monday, November 30, 2026 |
Please note
if the time limit includes months and days, it shall be counted as a time limit expressed in month, to which is added a time limit expressed in days.
In years
The departure day is that of the act, event, decision or notification which causes the time limit to run in accordance with the law.
Example :
if on the day you receive a subpoena before the court is on monday, the deadline starts on monday, the day of receipt of the document counts
Time is running out from date to date : it theoretically ends on the same day and month as that of departure but in another year (the last of the deadline).
The last day counts fully within the deadline (until midnight, i.e. until 11.59pm inclusive). This means that the necessary formalities or acts must be carried out (call, opposition, appeal in cassation...) before the end of the last day and not the following day.
If the period obtained after calculation ends on a Saturday, Sunday or public holiday, or unemployed person, the time limit is extended to 1er working day next. This means that when the deadline ends on a Saturday or Sunday, the last day will be the following Monday.
When the deadline ends on a public holidayThen the last day will be the next day. If the day following the public holiday is a Saturday or a Sunday, the deadline ends on the following Monday.
If after extension, the last day obtained is still a public holiday, a Saturday or a Sunday, it is extended again, according to the same principles.
Warning
the calculated delay is lengthened if the opponent lives in overseas or to the foreigner. It is increased one month or 2 months.
Example :
Day of departure | Theoretical Last Day | True last day |
|---|---|---|
Wednesday, February 19, 2025 | Thursday, February 19, 2026 | Thursday, February 19, 2026 |
Friday, March 28, 2025 | Saturday, March 28, 2026 | Monday, March 30, 2026 |
Wednesday, May 14, 2025 | Thursday, May 14, 2026 (holiday) | Friday, May 15, 2026 |
FYI
if the last day is 29 february but during a non-leap year, the last day is 28 February.
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For more information
House of Justice and the Law
Calculation of the time limit
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