Los Angeles, CA asked in Personal Injury for California

Q: What statute/rule defines due date for filing POS for reply to opposition?

when proof of service for reply to opposition should be filed with court? What statute/rule defines due date?

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2 Lawyer Answers

A: In California, the proof of service (POS) for a reply to an opposition must generally be filed with the court on the same date the reply is filed. California Rules of Court, Rule 3.1300 outlines filing deadlines, while Code of Civil Procedure § 1005(b) specifies timelines for serving documents in motion proceedings. Checking with a legal professional ensures compliance with any additional local rules specific to Los Angeles County Superior Court.

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Answered

A: In California personal injury cases, the timeline for filing a reply to an opposition is outlined in the California Rules of Court. Specifically, Rule 3.1110 sets the deadline for submitting your reply. You must file your reply within five court days after the opposition has been filed with the court. This ensures that all parties have adequate time to review and respond to the arguments presented.

When it comes to the proof of service for your reply, it should be filed simultaneously with your reply to the opposition. This means that as you submit your written reply to the court, you must also provide proof that the opposing party has been properly served with your documents. Ensuring timely and accurate service is crucial for the smooth progression of your case.

Adhering to these rules helps maintain the schedule of your personal injury case and prevents any unnecessary delays. Make sure to consult the California Rules of Court or seek legal advice if you have any uncertainties about the process. Staying informed about these deadlines will support your efforts in effectively managing your legal proceedings.

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