Filing Requirements – Flashcards

Must be scheduled a minimum of 16 court days- extend an extra 5 calendar days if service is by mail- extend an extra 2 days if service is express mail or fax CCP 1005(b)- has 16 day Ct. rule with extensions

Either 5 days or 15 days depending on what type of notice was given (check with code) See Fam. Code Sec. 240 & 243(b)&(c)

Five Ct. Days before the hearing CCP 1005(b)- has 5 day rule

Notify all parties no later than 10:00 a.m. the court day before the ex-parte appearance- However check with the local rules of your particular courthouse CRC 379

30 days from the date the initial paperwork was received Fam. C. 2020; CRC 5.122

Must be filed 9 court days before OSC hearing date - must use any matter of service on opposing party reasonably likely to ensure delivery one day after filing CCP 1005(b)- has 9 day Ct. rule

Must be completed 30 days before trial with motions no later than 15 days before trial- Also when the last Ct. day to respond to any discovery motion falls on a Saturday, Sunday or holiday, extend the discovery date to the next day CCP 2016.060 has rule for extension on holiday

Must be served at least ten days before the date production is requested and 5 days before service on the custodian of records (need to add another 5 days if we use mail to send the notice) * REQUIRED FOR PARTIES AND NON-PARTIES WHENEVER PERSONAL RECORDS ARE SOUGHT CCP 1985.3(b)(2)(3)

Serve- 15 days after petition and initial summons served-or after served with OSC or summons/ petition; Respond within 30 days CCP 2030.260(a)- for time interrogatories are due. CCP2030.020 for time we can serve interrogatories

Must be served upon the opposing party "early in the proceedings"- thus there is not real time frame

Serve- 15 days after petition and initial summons served-or after served with OSC or summons/ petition; Respond within 30 days CCP 2031.030 (2)

Personal Service= 10 days, Service by mail=15 days, Also can't serve until at least 20 days after service of summons and petition or appearance of Respondent CCP 2025.210 has the rule for when we can first send notice of a deposition. CCP 2025.270 says 10 days for ANY oral deposition

Either 20 days after issuance or 15 days after service, whichever is later. Also can't serve until at least 20 days after service of summons and petition or appearance of Respondent CCP 2020.410(c ) has the 15-20 day timeline for requesting production of documents.

20 days before Court Date CCP 1987 (c )

If we are seeking production of documents= 20 days after issuance or 15 days after it is served, whichever is later. If you only want to conduct an oral deposition it can't be scheduled less than 10 days from service of the notice. If we are not seeking documents then we need to give them "sufficient notice that allows a reasonable opportunity to travel to the deposition" Also can't serve until at least 20 days after service of summons and petition or appearance of Respondent Can move ex-parte for a shortening of time to serve deposition notice if we need to. CCP 2020.410(c ) has the 15-20 day timeline for requesting production of documents; CCP 2020.220 provides the "reasonable opportunity standard"- CCP 2025.270 says 10 days for an oral deposition

20 days after issuance or 15 days after it is served, whichever is later. CCP 2020.410 (c) has the 15-20 day timeline for requesting production of documents;

Service shall be made to give the person a reasonable time to attend. No subpoena necessary to compel parties (just give notice to their attorney 10 days.) CCP 1987(a)- reasonable time req't; CCP 1987(b) no attendence for nonparties

20 days after issuance or 15 days after it is served, whichever is later. CCP 1985.6 says to use 2020.410 timeline

All witness lists and exhibit lists shall be exchanged 7 calendar days before the MSC, receiving party may request copies of exhibits within (5) calendar days of receipt Also 7 calendar days before MSC, parties shall file MSC brief, I&E, Prop Dec., Exhibit & Witness Lists and Joint MSC worksheet, per local rule 14.14(a)

Trial Brief shall be exchanged and filed with the Court 7 days before trial date, all exhibits exchanged 5 days prior to Ct. date per local rule 14.15

Evidentiary Objections to any declaration must be submitted (2) court days before the hearing. Per local rule 14.15