Los Angeles, CA asked in Medical Malpractice for California

Q: Can Motion for Leave to file Third Amended Complaint be served by mail?

Can Motion for Leave to file Third Amended Complaint be served by mail?

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

A: Yes, under California law, a Motion for Leave to file a Third Amended Complaint can generally be served by mail. According to the California Code of Civil Procedure (CCP) § 1005(b), moving and supporting papers for a motion must be served upon all other parties at least 16 court days before the hearing if served by mail within California.

Here are the key points:

1. Service by mail is permitted for motions, including a Motion for Leave to file an Amended Complaint.

2. The motion papers must be mailed at least 16 court days before the hearing date if both the place of mailing and the place of address are within California.

3. If the place of mailing or the place of address is outside California but within the United States, the service period is extended to 21 calendar days before the hearing (CCP § 1005(b)).

4. For international mailing, the service period is 26 calendar days before the hearing (CCP § 1005(b)).

It's essential to check local court rules, as they may have additional requirements or different deadlines for service by mail. When in doubt, consult with a licensed California attorney to ensure compliance with all applicable laws and court rules.

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