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The Professor Nedley Series
Notice Requirements Summary
June 10, 2007
This is a quick look at the different motions used in family law. Contempt actions are unique requiring personal jurisdiction and are not discussed as a part of the Notice pages.
Regular OSC or Motion (CCP§1005)
1. Notice given sixteen (16) days before hearing.
2. Response filed and served nine (9) days before hearing.
3. Reply filed and served five (5) days before hearing.
4. Add five (5) days if served by mail.
5. Add ten (10) if mailed from outside California.
6. Add twenty (20) if mailed from outside U.S..
7. Supplemental pleadings are within the discretion of Court.
OSC or Motion With Restraining Orders (Notice Given)(Fam.C.§243)
1. Notice given fifteen (15) days before hearing.
2. Response served and filed two (2) days before hearing.
3. Must be brought for hearing within twenty (20) days.
(Time may be extended to 25 days)
OSC or Motion With Restraining Orders (No Notice Given)(Fam.C.§243)
1. Notice given five (5) days before hearing.
2. Response served two (2) days before hearing.
3. Must be brought for hearing within twenty (20) days.
(Time may be extended to 25 days)
4. Reasonable continuance to Respondent is required.
Under §243 for good cause the Court may on the parties or its own motion shorten time for service on the Respondent to two days.
NEDLEYPRESS 4/1/07