How long do you have to respond to a motion in California?
Asked by: Ms. Joanny Davis | Last update: April 30, 2025Score: 4.7/5 (10 votes)
Unless otherwise ordered or specifically provided by law, all pretrial motions, accompanied by a memorandum, must be served and filed at least 10 court days, all papers opposing the motion at least 5 court days, and all reply papers at least 2 court days before the time appointed for hearing.
How long do you have to file a response to a motion in California?
(a) Motion and opposition
(3) Any opposition must be served and filed within 15 days after the motion is filed. (Subd (a) amended effective January 1, 2007.)
How long do you have to reply to a response to a motion?
The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.
How long do you have to respond to a motion to tax costs in California?
If the debtor files a Motion to Tax Costs, you will be served with a copy of the motion. If you choose to oppose the motion, you must act quickly. Your response must be filed and served at least nine court days before the scheduled hearing date.
What is the 45 day rule for motion to compel in California?
Notice of a motion to compel further responses must be made within 45 days of the service of the “verified response.” (See Code Civ. Proc., §§ 2030.300, subd. (c) [interrogatories], 2031.310, subd. (c) [requests for production], 2033.290, subd.
The truth about Motions to Compel
What happens if you don't respond to a motion to compel?
Courts enforce their orders by imposing sanctions on a party who fails to comply. Sanctions can be monetary, such as requiring one party to pay the other parties attorneys' fees and/or imposing a monetary fine, or they can hamper a party's ability to put on their case.
What is the deadline to file an opposition to a motion to compel in California?
Oppositions to motions to compel must be filed no later than 9 days before the hearing. Replies must be filed no later than 5 days before the hearing. Service of oppositions and replies require receipt by the opposing party within 1 business day of the filing deadline. (Code Civ.
What is the deadline for motions in California?
Motions: 16 court days before hearing (+5 calendar days for mailing). If the mailing deadline (16+5 days) has passed, but there are still more than 16 court days before the hearing, you can have it served by personal delivery. If you miss the service deadline entirely, you will need to re-schedule your motion.
What is the rule 11 motion in California?
Federal Rule of Civil Procedure 11 is the federal rule that prohibits frivolous and unwarranted contentions in litigation and allows courts to sanction attorneys for violations. California's version appears in California Code of Civil Procedure §128.7, and California courts look at Rule 11 cases when they interpret § ...
What are the three things that a motion generally must include?
The motion must include a separate "Notice of Motion" which includes a brief summary of the nature of the motion, the deadline for filing a response, and if there is a hearing, the date, time, and location of the hearing.
What is the difference between reply and response to motion?
A Response will address the Motion and provide the party's position on the points raised in the Motion. This can include a rebuttal to issues of fact or law raised in the Motion. A Reply will address the points raised in the Response and provide the party's position on the points raised in the Response.
How do you respond to an opposition to a motion in California?
Any opposition to the motion must be served and filed within five days of service of the moving papers and may be no longer than 15 pages. Any reply brief must be served and filed within two court days of service of the opposition papers and may be no longer than 5 pages.
How long do you have to file a motion for reconsideration?
The deadline to file a Motion for Reconsideration will be a certain period of time after the judge has issued the order that you would like to have reconsidered or after you are served with the order, often between 14 and 30 days. You may want to speak with a lawyer in your state about the time line to file a motion.
How long does a judge have to respond to a motion?
Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
How long does a respondent have to answer in California?
File your Response within 30 days of getting the Petition. After 30 days, your spouse can ask for a default and the court can decide the case without you.
What is a Rule 42 motion?
Rule 42(a) allows a court to order a consolidation of actions if they involve common questions of law or fact. This can streamline proceedings, reduce litigation costs, and avoid conflicting judgments by handling all related matters in a single trial.
How many days do you have to respond to a motion in California?
Unless otherwise ordered or specifically provided by law, all pretrial motions, accompanied by a memorandum, must be served and filed at least 10 court days, all papers opposing the motion at least 5 court days, and all reply papers at least 2 court days before the time appointed for hearing.
What makes a motion frivolous?
A frivolous claim, often called a bad faith claim, refers to a lawsuit, motion or appeal that is intended to harass, delay or embarrass the opposition. A claim is frivolous when the claim lacks any arguable basis either in law or in fact Neitze v. Williams, 490 U.S. 319, 325 (1989) .
What is a Rule 40 motion?
Rule 40. Panel Rehearing; En Banc Determination. (a) A Party's Options. A party may seek rehearing of a decision through a petition for panel rehearing, a petition for rehearing en banc, or both. Unless a local rule provides otherwise, a party seeking both forms of rehearing must file the petitions as a single document ...
When must an opposition to a motion be filed in California?
(a) Motion and opposition
(2) A motion must be accompanied by a memorandum and, if it is based on matters outside the record, by declarations or other supporting evidence. (3) Any opposition to the motion must be served and filed within 15 days after the motion is filed.
How long do you have to file a reply brief in California?
(a) Time to file
(2) A respondent must serve and file its brief within 30 days after the appellant files its opening brief. (3) An appellant must serve and file its reply brief, if any, within 20 days after the respondent files its brief.
When can you file a Rule 11 motion?
It shall be served as provided in Rule 5, but shall not be filed with or presented to the court unless, within 21 days after service of the motion (or such other period as the court may prescribe), the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.
How do you respond to an opposition to a motion to compel in California?
If the other attorney or party opposes your motion, you may choose to serve and file a reply to the opposition at least five court days prior to the motion. CCP § 1005. It must be served by overnight mail to reach the opposing party no more than one day after it is filed.
What happens if a motion to compel is ignored?
What Happens If Someone Refuses to Obey a Motion to Compel? Rule 37 (b) says if a deponent fails to obey, it is grounds for contempt of court. Section (b)(2)(A) issues sanctions for not obeying a discovery order.
What is a Rule 27 motion?
This rule offers a simple method of perpetuating testimony in cases where it is usually allowed under equity practice or under modern statutes. See Arizona v. California, 292 U.S. 341 (1934); Todd Engineering Dry Dock and Repair Co. v. United States, 32 F. (2d) 734 (C.C.A.