Rule 26 of the Federal Rules of Appellate Procedure expressly defines “Legal Holiday” as “the day set aside by statute for observing New Year’s Day, Martin Luther King Jr.’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, or Christmas Day.” Federal Statutes, in turn, identify the day we now more often call President’s Day as “Washington’s Birthday, the third Monday in February.” 5 U.S.C. § 6103. Federal Rules of Civil Procedure Rule 6 mirrors that definition. Florida cleaned it all up by putting its rules on calculating time all in one place, Fla. R. Jud. Admin. 2.514.
But it’s still not a state holiday. And poor Mr. Lincoln, the 1968 Monday Holidays Act took away his celebration, but did not rename the new, regularized Monday holiday day “President’s Day” despite common modern parlance. Under Federal law, the holiday is officially Washington’s Birthday, Lincoln be damned.
Now, if you are toiling in state court, back to work.