Q: Shall POS of serving Motion to Set Aside dismissal be filed with Court prior to 6-month statute of limitations due date?
Motion to Set Aside dismissal against defendant was timely filed before 6-month due date.
Shall POS of serving Motion to Set Aside dismissal be filed with Court prior to 6-month statute of limitations due date?
A:
In California, the timing requirements for filing a proof of service (POS) for a motion to set aside a dismissal are generally as follows:
1. The motion itself to set aside the dismissal must be filed within 6 months of the date of dismissal, as per California Code of Civil Procedure section 473(b).
2. There is no specific statutory requirement that the proof of service for the motion be filed before the 6-month deadline.
3. However, it is recommended practice to file the proof of service well before the 6-month deadline to ensure the court has a record that the motion was properly served on the other parties.
4. The proof of service shows the date the motion was served, which then starts the other party's time period to file an opposition. So filing the POS earlier helps keep the process moving efficiently.
5. Many courts have local rules requiring the proof of service be filed within a certain number of days after serving the motion (e.g. 5-10 days typically).
So in summary, while not strictly required by the 6-month statute of limitations, it is advisable practice to file the proof of service for a motion to set aside dismissal before the 6-month deadline to comply with any local rules and ensure the motion can be heard properly. But the key deadline is that the motion itself must be filed within 6 months.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
