Does Statute of Limitations include first or last day?

Question

In New Hampshire the statute of limitations (sec. 508.4) provides that a lawsuit must be filed WITHIN 3 years.

IF injury occurs on December 15, 2003, and lawsuit is filed ON December 15, 2006, then it has been 3 years and one day (filed one day after three years). Is this timely in New Hampshire. (Site case or article if you can).

PS Assume known defendant, known injury, so discovery rule is not an issue.

Answer 1

Generally, filing on December 15th would be acceptable.

The court usually uses the calendar date, because it's easier then calculating leap years, one-day offsets, etc. This is normally considered valid because the day of the event is itself excluded from the calculation, so the clock actually starts on the day after the event occurs.

See 20 A.L.R.2d 1249 for a full discussion.
I haven't found a NH case on point either way.