![]() If you miss the mail deadline, you can still have the motion served by personal service up until 16 court days before the hearing. Make a note on your calendar to have the motion served by mail before the deadline. “Calendar days” include weekends and holidays, but if the final day lands on a weekend or holiday, it is pushed back to the previous court day. The server can fill out Proof of Service by First-Class Mail-Civil. Service by mail: 16 court days before hearing PLUS five calendar days before the hearing (more if the mailing address is outside California). The server can fill out Proof of Personal Service-Civil (POS-020). Personal service: 16 court days before the hearing, the same as the minimum filing deadline. There is a strict deadline to do this (earlier is always fine). This means that someone over the age of 18 who is not a party in the case must either mail or personally deliver a copy of the motion and related documents to them. You must have all other attorneys (or self-represented parties) served with a copy of the motion, then have the server fill out a Proof of Service which you file along with the motion. ![]() The court will cancel the hearing and you will have to start over. ![]() Make a note on your calendar to file the motion by this date. The sixteenth court day before the hearing would be May 24, which would be the last day that the motion could be filed. Skip weekends and court holidays (there is one court holiday in this example, which is Memorial Day, May 28). You would start counting backward using the previous court day, Friday, June 15, as day one, as shown in the calendar below. ( CCP § 12c)įor example, suppose your reservation is for Monday, June 18. To determine whether a particular filing date will meet this deadline, start counting backwards on the day before your hearing until you reach the sixteenth court day. “Court days” are Monday through Friday, excluding court holidays. The last legal day to file with the court is at least sixteen court (business) days prior to the motion date ( CCP § 1005). Your reservation is not final until the motion has been filed and any fees paid. Tip: File the motion as soon as possible. For more information, see the Step-by-Step guide on Proof of Service by Mail. That way, if you are forced to file a motion with the court, you can attach the proof of service as an exhibit to your motion. A sample “meet and confer” letter is included at the end of this Guide.Īlthough not required, it is a good idea to have someone who is over 18 and not a party to the case mail the letter for you, and complete a Proof of Service by First Class Mail (POS-030). ![]() The “meet and confer” requirement is your opportunity to demonstrate to the court that you are making a “reasonable and good faith attempt at an informal resolution.” California Code of Civil Procedure (CCP) § 2016.040.
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