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The Professor Nedley Series

Notice to Parties and Counsel

Regarding Time for Service of Motion Papers - 2007

Absent an order shortening time the following notice requirements set forth in the Code of Civil Procedure will apply in all cases except those in which a restraining order or a protective order has been issued under §240 and §§2040(children, property and insurance), 4620 (disposal of property), 6320 (Domestic Violence Protection) and 7710 (DV/UPA).  These requirements for initial service are jurisdictional and the court may not proceed unless service has been properly effected.  If both parties show up there is some leeway to either proceed or grant a continuance both by mutual agreement.  The only other option is to start over with a reissuance. 

          All Moving and Supporting papers shall be served and filed at least;

1.     16 Court Days before the hearing, (The papers served shall be a copy of the papers filed or to be filed with the court.)  It is PN’s opinion that if required documents (ie. An I&E) are not served with the original motion, the motion is incomplete and therefore inadequate and cannot be cured by filing the I&E at a later point.

2.     If served by mail and the place of mailing and the place of address are both within the State of California, the notice period is increased by five (5) calendar days,

3.     If either the place of mailing or the place of address are outside of California, but within the U.S., then add ten (10) calendar days to the notice,

4.     If either the place of mailing or the place of address are outside of the U.S. then add twenty (20) calendar days to the original 16 court days,

5.     If the moving papers are served by any form of overnight mail or Fax then two (2) days are added to the original 16 days,

 All Opposing papers shall be filed and served nine (9) court days before the hearing,(CCP 1005(a)(13(b))

 All Reply papers shall be filed and served five (5) court days before the hearing,

 Supplemental Pleadings filed after these deadlines are neither prohibited nor authorized by statute and therefore their receipt and appropriate response times shall be within the sole discretion of the court.

 Notice the use of Court and Calendar days.  They mean something and they are correct as of this date (4/1/07).  These have gone through changes over the last 5 or 6 years.  No local rules apply.

          NEDLEYPRESS 4/1/07