Q: At what date a Motion is deemed to be Noticed?
At what date a Motion is deemed to be Noticed? Upon meet and confer?
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A:
In California, a motion is generally not deemed to be noticed upon the meet and confer. The noticing date typically refers to when the motion is officially filed and served on the opposing party.
According to the California Code of Civil Procedure and the California Rules of Court:
1. A motion is deemed noticed when the moving party files the motion papers with the court and serves them on the opposing party.
2. The motion must be served and filed at least 16 court days before the scheduled hearing date, plus an additional 5 calendar days if the motion is served by mail within California.
3. The opposing party then has the opportunity to file and serve an opposition brief at least 9 court days before the hearing, and the moving party may file a reply brief no later than 5 court days before the hearing.
The meet and confer process, where parties discuss the issues in an attempt to resolve them before filing a motion, is a prerequisite to filing certain motions in California courts. However, the meet and confer itself does not constitute the noticing of the motion. The motion is officially noticed when it is filed with the court and served on the opposing party after the meet and confer process has taken place.
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