How much notice is required for a motion in California?
Asked by: Brooks Connelly DDS | Last update: November 15, 2025Score: 4.8/5 (69 votes)
Minimum advance notice: 16+5: sixteen court (business) days before hearing plus five calendar days for mail service on other party. Opposition: papers filed by the opposing party to object to a motion.
What is the notice requirement for motions in California?
(b) Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court.
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.)
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.
What is the cut off date for motions before trial in California?
(a) Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.
What Cases Require a Motion to Vacate in California? | California Motion to Vacate Attorney
How many days notice for deposition in California?
Depending upon who is being deposed and where that party or non-party presently resides impacts the number of days after the notice is sent or served that the deposition can be held: Ten (10) days after personal service; Ten (10) days plus two (2) court days for fax, express, or overnight (with consent);
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.
What is the deadline for motion to compel in California?
Motions to compel further responses to written discovery must be brought within 45 days (50 days if by mail) after service of the insufficient responses. (Code Civ. Proc., §§ 2030.300(c), 2031.310(c), and 2031.300.) Counsel is required to meet-and-confer before filing motions to compel further responses.
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 is a Rule 30 motion?
(a) When Depositions May be Taken; When Leave Required. (1) A party may take the testimony of any person, including a party, by deposition upon oral examination without leave of court except as provided in paragraph (2).
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.
When can you file a motion to dismiss in California?
A party seeking dismissal of a case under Code of Civil Procedure sections 583.410-583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion.
How many pages can a reply to a motion be in California?
No reply or closing memorandum may exceed 10 pages. The page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service.
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 is the difference between notice of motion and motion?
The motion must be supported by evidence. 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 reasonable notice in California?
Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.
Do you have to meet and confer before filing a motion in California?
Before you file your motion, you must first attempt to “meet and confer” with the opposing counsel or self-represented party.
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 ...
What is a Rule 17 motion?
Rule 17 of the Federal Rules of Criminal Procedure deals with subpoenas. Subdivision (f)(2) as proposed by the Supreme Court provides: The witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the trial court.
What happens if someone doesn'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.
How long do you have to file a motion to strike in California?
If the parties are unable to meet and confer at least five days before the date the motion to strike must be filed, the moving party shall be granted an automatic 30-day extension of time within which to file a motion to strike, by filing and serving, on or before the date a motion to strike must be filed, a ...
What happens after a motion to compel is filed?
A motion to compel discovery is a request to the judge to order the prosecution to hand over evidence. If the court grants the motion, the judge will order that the appropriate materials be released on a plan of sanctions such as fines, suppression of evidence, and even a dismissal of the charges.
What is a Rule 60 motion?
Relief from a Judgment or Order. (a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.
What is a Rule 8 motion?
(a) Generally. A party may make a motion for a Board action orally on the record in the presence of the other party or in a written filing. A written motion shall be a document titled as a motion and shall state the relief sought and the legal basis (see Rule 23(b) (48 CFR 6101.23(b)).
What is a Rule 32 motion?
Sentence and Judgment. (a) In General; Time for Sentencing . When a presentence investigation and report are made under subdivision (b)(1), sentence should be imposed without unnecessary delay following completion of the process prescribed by subdivision (b)(6).