Q: Can Motion to Set Aside dismissal against defendant be served by mail?
Can Motion to Set Aside dismissal against defendant be served by mail?
A:
In California, a Motion to Set Aside a dismissal against a defendant can generally be served by mail. According to the California Code of Civil Procedure (CCP) Section 1005(b), a written notice and supporting papers must be served on the opposing party or their attorney:
1. At least 16 court days before the hearing if served by personal delivery, express mail, or overnight delivery.
2. At least 21 court days before the hearing if served by mail to an address inside California.
3. At least 26 court days before the hearing if served by mail to an address outside California but within the United States.
However, it is essential to note that service by mail is only effective if the defendant has not been formally dismissed from the case. If the dismissal has been entered and the defendant is no longer a party to the action, they may need to be served personally under CCP Section 473(b).
It is always recommended to consult with a local attorney or refer to the local court rules to ensure that the service of the motion is carried out correctly, as there may be specific requirements or exceptions depending on the circumstances of the case.
You can also do an ex parte motion (or order shortening time) to shorten these time frames.
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