Westminster, CA asked in Personal Injury for California

Q: Time to respond to a noticed motion to strike in a civil matter

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1 Lawyer Answer
Robert James Reynolds
Robert James Reynolds
Answered
  • San Diego, CA
  • Licensed in California

A: This answer can vary, but the general rule for responding to many types of motions is as follows: CCP 1005 (b) includes: All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing.

CCP 1005 (c) Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed.

Check the Code and your courts local rules to determine if your motion fits within this rule or any exception.

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