Q: Response to OSC is classified to be: Motion, or Reply? What rules are specific to timing of response to OSC?

A: Under California law, a response to an Order to Show Cause (OSC) is not typically classified as either a motion or a reply. An OSC is a separate type of court order that requires a party to appear in court and explain why a certain action should not be taken or why a certain order should not be issued.

California Code of Civil Procedure (CCP) 1005(b) specifically deals with the timing of filing and serving oppositions and replies to motions, but it does not cover responses to OSCs.

The timing for filing a response to an OSC is usually specified in the OSC itself. The court will typically provide a specific date by which the party must file and serve their response. If the OSC does not specify a deadline, the party should file and serve their response within a reasonable time before the hearing date.

In some cases, California Rules of Court, Rule 3.1320(c) may apply. This rule states that if a party is ordered to show cause why sanctions should not be imposed, the court must give notice that includes:

1. The date, time, and location of the hearing;

2. The reasons for the OSC; and

3. A directive to the party to show cause why sanctions should not be imposed.

Under this rule, the response to the OSC must be filed and served at least 5 calendar days before the hearing, unless the court orders otherwise.

If you are unsure about the specific deadline for filing a response to an OSC, it is best to check the OSC itself, consult the local court rules, or contact the court clerk for guidance. As always, it is advisable to consult with an attorney experienced in civil procedure to ensure compliance with all applicable rules and deadlines.