Q: What is due date to file and serve response to judge's order to show cause?
Order to show cause re: proof of service of civ-120 is scheduled for hearing.
What is due date for response to order to show cause?
A:
In California, when a judge issues an Order to Show Cause (OSC), the party who is ordered to show cause must file and serve a response to the OSC within a specified time frame. The due date for filing and serving the response depends on how the OSC is served and the specific instructions provided in the OSC itself.
Generally, under California Code of Civil Procedure (CCP) § 1005(b), the response to an OSC must be filed and served at least 9 court days before the hearing date if the OSC was served by personal delivery, or at least 14 calendar days before the hearing if the OSC was served by mail within California.
However, it's essential to carefully review the OSC document itself, as it may contain specific instructions or deadlines for filing and serving the response. The judge may set a different deadline based on the circumstances of the case.
If no specific deadline is mentioned in the OSC, follow the general rules stated in CCP § 1005(b):
- If the OSC was personally served, file and serve the response at least 9 court days before the hearing.
- If the OSC was served by mail within California, file and serve the response at least 14 calendar days before the hearing.
It's crucial to adhere to the deadlines specified in the OSC or by the applicable laws to avoid potential consequences, such as the court making a decision without considering your response.
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