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Service of Notice and Other Papers: Timelines for Service of Notice and Other Papers

Instructions

 

After you have completed your documents, make four (4) copies of your documents. Leave the original copy unstapled, so it can be scanned into the court's file system. Staple each of the copies. One of the copies must be served on the other party's attorney or the other party if they are not represented by an attorney. If you miss your deadline for service, you must reschedule your hearing.

 

Timeline for Personal Service & Service on Attorney (includes Substituted)

Motions

Notice of most types of motions, and the papers that support the motion, must be filed with the court and served on all other parties at least sixteen (16) court days before the scheduled hearing date of the motion.

Opposition to Motions

All papers opposing a motion must be filed with the court and served on all other parties at least nine (9) court days before the hearing date.

Reply Papers

Reply papers must be filed with the court and served on the other parties at least five (5) court days before the hearing date.

All papers opposing a motion and all reply papers shall be served 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. This applies to the service of opposition and reply papers regarding motions for summary judgment or summary adjudication, in addition to the motions listed in subdivision (see California Code of Civil Procedure §1005(c)).

Court Days: Only the days on the calendar in which the court is open for business (not weekends or court holidays).

See California Code of Civil Procedure §12, §12a, §135, §1005, and California Rules of Court 1.10 and 1.11.

Timeline for Service by Mail

You must increase the notice period or the deadline to do any act in response to papers served as follows:

Add five (5) calendar days if the place of address is within the state of California.

Add ten (10) calendar days if the place of address is outside of California, but within the United States.

Add twenty (20) calendar days if the place of address is outside the United States.

* The deadline to file notice of intention to move for a new trial, to vacate a judgment, or of appeals is NOT extended by mail service!

Calendar Days: Actual Days on the calendar, including weekends and court holidays.

See California Code of Civil Procedure §12, §12a, §135, §1005 and California Rules of Court 1.10 and 1.11.

Timeline for Service by Fax, Express Mail, or Electronic Service

If papers are served by fax or express mail, add two (2) calendar days to the notice period or deadline to do any act in response to the papers served.

Calendar Days: Actual Days on the calendar, including weekends and court holidays.

* The deadline to file notice of intention to move for a new trial, to vacate a judgment, or of appeal is NOT extended by a fax or express mail service (see California Code of Civil Procedure 1013(c), (e)).

See California Code of Civil Procedure §12, §12a, §135, §1005 and California Rules of Court 1.10 and 1.11.