- #CALIFORNIA LAW FILED DOCUMENTS MUST BE SERVED WITHIN CODE#
- #CALIFORNIA LAW FILED DOCUMENTS MUST BE SERVED WITHIN TRIAL#
Manner of service: “Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed.”. Check local rules for more strict notice periods. the day before the hearing, absent “exceptional circumstances.”. ■Ex Parte Motion – Opposing party must be notified by 10:00 A.M. ■Reply to noticed motion – 5 court days before hearing. ■Opposition to noticed motion – must be filed and served 9 court days before hearing.
#CALIFORNIA LAW FILED DOCUMENTS MUST BE SERVED WITHIN CODE#
Note: CALIFORNIA CODE OF CIVIL PROCEDURE 1013 does not apply. ■Noticed motions – must be served and filed 16 court days before the hearing date (+ 5 more if served by mail) (+ 2 more if served by fax, express mail, or overnight delivery).
#CALIFORNIA LAW FILED DOCUMENTS MUST BE SERVED WITHIN TRIAL#
■Objection to Notice to Appear At Trial With Documents – 5 days “or any other time period as the court may allow”. ■Notice to Appear at Trial (to party) – 20 days before trial, send notice with time and place to attorney. ■Notice to Appear at Trial (to party) – 10 days before trial, send notice with time and place to attorney. ■998 Offers to Compromise – Can be made up until 10 days prior to trial. ■Experts Must Be Disclosed – 50 days before trial (or 20 days after service of demand, whichever is closer to trial date). ■Experts Must Be Demanded – 70 days before trial (or within 10 days of setting trial date, whichever is closer to trial date). ■Discovery Closes (with the exclusion of expert lists, and expert depositions) – 30 days before trial, or after non-binding arbitration. ■Discovery Closes Before Arbitration – 15 days before arbitration. ■Reject Arbitration Award – Within 30 days of service of arbitration award. ■Last Day for Motions Regarding Experts – 10 days before original trial date. ■Expert Discovery Cut Off – 15 days before original trial date. ■Expert Depositions – May be set “On receipt of an expert witness list from a party.” May only disclose witness to cover a subject covered by opponent’s witnesses. ■Supplemental Expert Disclosure – Must be disclosed within 20 days of the Exchange of Expert Witnesses. ■Experts Must Be Disclosed – 50 days before trial (or 20 days after service of demand, whichever is closer to trial date)
■Experts Must Be Demanded – 70 days before trial (or within 10 days of setting trial date, whichever is closer to trial date) ■Depositions – Must be sat at least 10 days in the future (+5 days if the notice is mailed – CALIFORNIA CODE OF CIVIL PROCEDURE 1013), at least 20 (+5 days if the notice is mailed – CALIFORNIA CODE OF CIVIL PROCEDURE 1013) if the deposition notice includes request for documents. Plaintiff must wait 20 days after service of summon and complaint to serve. ■Deposition Notice – Defendant may serve any time. ■Practical Last Day to Serve Discovery (and be able to make a motion on it) – 90-100 days before trial. ■Last Day to Hear Discovery Motions – 15 days before trial. ■Discovery closes before trial: 30 days before trial – or 15 days before arbitration. ■Respond to Written Discovery – 30 days (+5 days if questions were mailed). ■Move to Compel Additional Answers – 45 days. ■Motion to Quash Subpoena Duces Tecum – must be served on defense counsel at least five days before date for production of documents Note: Court may still grant a motion to quash after this time. Must be served on records custodian 15 days before date of production. ■Subpoena for Employment Records – Must be served on the employee 10 days before date for production (in actuality 20 days before, see below), 5 days before service on the custodian of records. The subpoena may not be served on records custodian until at least five days after service on consumer. ■Subpoena for Personal (medical) records – Must be served on consumer at least 15 (in actuality 20) days before date of production. ■Plaintiff may serve discovery questions – 10 days after service of complaint. ■Defendant Time Limit to File Answer or Demurrer – 30 days from date complaint was served. ■Proof of Service of Summons and Complaint (proving to Court that you served Defendant) – 60 days after serving complaint. ■Serve Defendant Added via Amended Complaint – 30 days after adding. ■Serve Defendant after Complaint Filed – 60 days after filing.
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