Los Angeles, CA asked in Personal Injury and Medical Malpractice for California

Q: Is Response to Court's Order to Show Cause Re POS, filed with Court, required to be served on all Defendants?

Is Response to Court's Order to Show Cause Re POS, filed with Court, required to be served on all Defendants?

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, when a party files a Response to the Court's Order to Show Cause (OSC) regarding Proof of Service (POS), the general rule is that the response must be served on all defendants or their attorneys if they are represented.

The purpose of serving the Response to the OSC on all defendants is to ensure that all parties to the case are informed about the proceedings and have the opportunity to respond or object if necessary.

California Code of Civil Procedure section 1005(b) states:

"Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court."

While the Response to the OSC is not technically a "moving paper," it is still a document filed with the court and relevant to the case. As such, it is generally expected that this document be served on all parties to the action.

However, if you are unsure about the specific requirements in your case, it is always best to consult with the court clerk or a licensed attorney in your jurisdiction to ensure compliance with all applicable rules and procedures.

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