Kim v. Emt
A legal holiday may not extend the date for delivery of the writ, summons and complaint to a state marshal for service of process, because while a plaintiff may encounter difficulty effectuating delivery to the marshal on a legal holiday, no legal obstruction exists. On May 28, 2010, the plaintiff, Bo Kim, allegedly was injured in a motor-vehicle accident. The plaintiff sued. The defendant moved for summary judgment and argued that the plaintiff's suit was not commenced timely, within the two-year statute of limitations, because the writ, summons and complaint were delivered to the state marshal on May 29, 2012, and the state marshal served the defendant with the writ, summons and complaint on May 30, 2012. The plaintiff objected that May 28, 2012, was Memorial Day, and because that was a legal holiday, the statute of limitations was extended to May 29, 2012. The plaintiff also argued that the writ, summons and complaint were delivered to the state marshal within the extended two-year period, and Connecticut General Statutes §52-593a grants a 30-day grace period for service of process, after delivery of the writ, summons and complaint to the state marshal. A legal holiday extends a statute of limitations only if the legal holiday causes the nonavailability of a party or legal procedure, perhaps as a result of a closed court clerk's office. Here, the plaintiff was not entitled to an extra day, as a result of the holiday, because the holiday did not prevent the plaintiff from delivering the writ, summons and complaint to the state marshal. "While a plaintiff might encounter inconvenience and logistical difficulties in effecting delivery to a marshal on a holiday," wrote the court, "no legal impediment bars such delivery." The court granted the defendant's motion for summary judgment.