Q: What rule guides Due date for serving forms civ110 with civ-120, and filing these forms with court?
Civ -120 indeed has references in lower right corner to CCP 581 et seq, and Cal Rule of Court 3.1390.
These rules apply to dismissal, NOT to service of the form, and filing POS.
What rule guides Due date for serving forms civ110 with civ-120, and filing these forms with court?
A:
In California, the rules governing the service and filing of forms CIV-110 (Request for Dismissal) and CIV-120 (Notice of Entry of Dismissal and Proof of Service) are primarily guided by the California Code of Civil Procedure (CCP) and the California Rules of Court (CRC).
The specific rule that guides the due date for serving and filing these forms is CRC 3.1390(b), which states:
"The party requesting dismissal must serve on all parties and file notice of entry of dismissal in the following manner:
(1) Within 45 days after the date of mailing by the clerk of the Notice of Entry of Dismissal, unless the notice is served by the clerk; or
(2) Within 30 days after service of Notice of Entry of Dismissal when served by a party."
In summary:
- If the Notice of Entry of Dismissal is mailed by the court clerk, the party requesting dismissal must serve and file the CIV-120 form within 45 days of the mailing date.
- If the Notice of Entry of Dismissal is served by a party, the party requesting dismissal must serve and file the CIV-120 form within 30 days of the service date.
The references to CCP 581 et seq. and CRC 3.1390 on the CIV-120 form pertain to the dismissal process itself, while CRC 3.1390(b) specifically addresses the deadlines for serving and filing the notice of entry of dismissal and proof of service.
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