Colorado § 24-11-110 - Effect of closing public offices.

§ 24-11-110. Effect of closing public offices.

If, on any day when the public office concerned is closed, or on a Saturday, any document is required to be filed with any public office of the state of Colorado, its departments, agencies, or institutions, or with any public office of any political subdivision of the state, or any appearance or return is required to be made at any such public office, or any official or employee of such public office is required to perform any act or any duty of his office, then any such filing, appearance, return, act, or duty so required or scheduled shall neither be abated nor defaulted, but the same shall stand continued to the next succeeding full business day at such public office at the same time and place.

Source: L. 63: p. 552, § 1. C.R.S. 1963: § 67-1-10. L. 88: Entire section amended, p. 895, § 3, effective April 9. L. 95: Entire section amended, p. 199, § 13, effective April 13.

ANNOTATION

Public utilities commission is a "public office" within the terms of this section. Thus, where the last day for filing a petition for rehearing falls on a Sunday, when the commission offices are closed, the filing of the petition on a Monday is timely. Denver Clean-Up Serv., Inc. v. Pub. Utils. Comm'n, 174 Colo. 329, 483 P.2d 974 (1971).

Summons and complaint mistakenly ordering court appearance on a Sunday does not excuse the obligation to appear in court nor purge the court of jurisdiction over the person. Banos v. El Paso County Court, 804 P.2d 259 (Colo. App. 1990).

With a 180-day filing requirement, plaintiff was permitted to file notice of a claim on the 181st day because the City and County of Denver's offices were closed on the 180th day. Matthews v. City & County of Denver, 20 P.3d 1227 (Colo. App. 2000).

This section shall not be construed as resulting in a tolling, waiver, or extension of the 180-day filing requirement pursuant to § 24-10-109. Rather, this section merely allows the 180-day period to be given effect and provide a uniform method for determining when a statutory period begins and ends. Matthews v. City & County of Denver, 20 P.3d 1227 (Colo. App. 2000).

This section cannot be read in isolation to expand the limitations period. In expanding the limitations period, effect must be given to the more specific provisions in § 13-80-102 (1)(a). Morin v. ISS Facility Servs., Inc., 2021 COA 55, 487 P.3d 1289.

Neither C.R.C.P. 6(a) nor this section extends the two-year statute of limitations under § 13-80-102 (1)(a) when the expiration day falls on a Saturday, Sunday, or legal holiday. Morin v. ISS Facility Servs., Inc., 2021 COA 55, 487 P.3d 1289.

Applied in Fleming v. City of Lakewood, 723 P.2d 166 (Colo. App. 1986).