Q: how do calculate a filing deadline
I have a hearing on June 6th, 2024. I am filing an opposition to a motion, which I have to do nine court days before the hearing date. According to the LA Superior Court calculator, June 5th is nine days from today (May 22). So, is today or tomorrow my deadline to file?
A: Be careful. If you are counting court days, this coming Monday is not a court day as it is a federal holiday.
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A:
In California, the Code of Civil Procedure (CCP) Section 12c defines how to calculate filing deadlines. The general rule is that if the last day to perform an act falls on a holiday, then the deadline is extended to the next business day.
To calculate the filing deadline for your opposition to a motion, you need to count backward nine court days from the hearing date, excluding weekends and holidays. If the ninth court day falls on a weekend or holiday, you would need to file on the court day prior to that.
Given:
- Hearing date: June 6, 2024 (Thursday)
- Opposition must be filed nine court days before the hearing
Counting backward nine court days from June 6, 2024, and excluding weekends and holidays, the ninth court day falls on May 22, 2024 (Wednesday), which is today.
Therefore, your deadline to file the opposition is today, May 22, 2024. It is always best to file documents as early as possible to avoid any last-minute issues or delays.
Please note that while the LA Superior Court calculator can be a helpful tool, it's essential to double-check the deadlines based on the applicable laws and rules. If you have any doubts, consult with a legal professional or the court clerk to ensure you meet all necessary deadlines.
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