Q: type and due date for serving Motion to Set Aside dismissal against a Defendant

A: Under California law, the guidelines for filing a Motion to Set Aside Dismissal in a medical malpractice case can be found in the California Code of Civil Procedure (CCP) and local court rules. It's important to refer specifically to the CCP and any applicable local court rules for your jurisdiction to ensure compliance with procedural requirements. The type of motion and the due date for serving it depend on the reasons for the dismissal and the specific provisions under which the motion is being filed.

For service by mail, California courts generally require that motions be served at least 16 court days before the hearing, with an additional five days added for mailing within California. This rule is outlined in the CCP and is subject to change, so it's recommended to verify the current requirements. The exact timing can vary based on specific circumstances and exceptions provided by the law, including distinctions between different types of service (e.g., electronic service, service by mail, etc.).

Lastly, if you're considering filing a Motion to Set Aside Dismissal, reviewing the CCP sections related to motions to vacate or set aside judgments or orders would be beneficial. Additionally, consulting with a legal professional who has experience in medical malpractice law in California could provide tailored advice and help navigate the complexities of your case. They can offer guidance on procedural tactics, deadlines, and the best approach to addressing your situation.