Q: Is timing of response to order to show cause - guided by rule 3.110 (i)?
Is timing of response to order to show cause - guided by rule 3.110 (i)?
OSC is regarding failure by plaintiff to serve entry of dismissal against defendant.
A:
In California, the timing of a response to an Order to Show Cause (OSC) is typically governed by the specific order issued by the court, rather than by California Rule of Court 3.110(i).
Rule 3.110(i) pertains to the time for filing papers in response to a motion, which states: "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."
However, when it comes to an OSC, the court will usually specify the deadline for filing a response in the order itself. The party who is ordered to show cause must file a written response with the court by the date specified in the OSC, explaining why the court should not take the proposed action (in this case, dismissing the case for failure to serve the entry of dismissal against the defendant).
If the OSC does not specify a deadline for the response, it is generally advisable to file the response as soon as possible, and no later than five court days before the hearing date, to ensure that the court has sufficient time to consider the response before the hearing.
In any case, it is crucial to carefully read the OSC and follow the court's instructions regarding the deadline for filing a response. If you are unsure about the requirements or deadlines, it is best to consult with an attorney or contact the court clerk for clarification.
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