Defendant may Serve Discovery — Anytime. The subpoena may not be served on records custodian until at least five days after service on consumer. Motion to Quash Subpoena Duces Tecum — must be served on defense counsel at least five days before date for production of documents [ CCP Discovery Closes Before Arbitration — 15 days before arbitration.
Discovery closes before trial : 30 days before trial — or 15 days before arbitration. Deposition Notice — Defendant may serve any time. Plaintiff must wait 20 days after service of Summons and Complaint to serve. For non-party witnesses — A subpoena must be issued at least 20 days before the deposition. Last Day for Motions Regarding Experts — 10 days before original trial date. A The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer.
B That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith. If a conference is held, the court shall not preclude a party from filing a demurrer and the time to file a demurrer shall not begin until after the conference has concluded. This section does not prohibit the court from ordering a conference on its own motion at any time or prevent a party from requesting that the court order a conference to be held.
When a demurrer is regularly called for hearing and one of the parties does not appear, the demurrer must be disposed of on the merits at the request of the party appearing unless for good cause the hearing is continued. Failure to appear in support of a special demurrer may be construed by the court as an admission that the demurrer is not meritorious and as a waiver of all grounds thereof.
If neither party appears, the demurrer may be disposed of on its merits or dropped from the calendar, to be restored on notice or on terms as the court may deem proper, or the hearing may be continued to such time as the court orders.
Subd f amended and relettered effective January 1, ; adopted as subd d. Following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is deemed granted, except for actions in forcible entry, forcible detainer, or unlawful detainer in which case 5 calendar days is deemed granted.
In unlawful detainer cases, oral depositions must be scheduled at least 5 days after the date the deposition notice is served on the witness to be deposed. The deposition may not, however, be scheduled later than five days before trial. If the deposition notice is served by a subpoenaing party, and deposition subpoena requires the witness to produce consumer or employment records, the deposition must be scheduled at least 20 days after the date the deposition notice is served on the witness to be deposed.
If a court finds good cause, these deadlines can be shortened or extended by any party or witness that files a motion or an ex parte application to do so. Likewise, a party or witness can file a motion or ex parte application to stay the taking of a deposition until a motion for a protective order is heard.
If a party wishes to object to a deposition notice, they must serve a written objection specifying the error or irregularity at least 3 calendar days prior to the date for which the deposition is scheduled. If an objection is made 3 calendar days before the deposition date, the objecting party must personally serve their written objection on the party who gave notice of the deposition. In unlawful detainer cases, this deadline is only 5 days from the date of service.
It is common for parties to stipulate among themselves to extend the times for responses. Also, the parties can file a motion or ex parte application requesting that the court shorten or extend these deadlines. When a party receives responses to written discovery requests that they feel are legally inadequate, they can file a motion to compel the discovery.
The motion to compel must be filed within 45 days of the service of the verified responses or any supplemental verified response. The parties may agree to extend this deadline to give the responding party more time to supplement their responses, without forcing the propounding party to file a motion to compel.
Discovery ends 30 days before trial. In practical terms, this means that the last day to serve discovery 65 days before trial if you serve the discovery request by U. It is usually a good idea, however, to serve the final round of discovery in advance of this date because all discovery motions must be heard 15 days before the date set for trial.
Additional time could also be needed if the responding party serves their final discovery responses by mail, in which case the last practical day to serve discovery would be about 82 days before the date set for trial. This, of course, assumes the propounding party could even get a hearing date with such short notice.
Other Deadlines Common to Both Parties. A motion for judgment on the pleadings must be filed no later than 16 court days before the hearing. An opposition to the motion should be filed 9 court days before the hearing, and a reply to the opposition should be filed at least 5 court days before the hearing.
A case management conference is a hearing set by the court shortly after the complaint is filed. The purpose of the hearing is for the parties and the judge to discuss the issues and scheduling matters of the case. It is often scheduled for several months after the filing of the complaint. The parties each have a duty to meet and confer no later than 30 days before the date set for the initial case management conference. This can occur in person or by telephone. Every party must file a case management statement form CM no later than 15 days before the date set for the case management conference.
If another party on the same side of the litigation has already paid this fee, then parties do not need to make this payment again. Noticed motions generally must be served and filed at least 16 court days before the hearing.
The statute does not specifically define what form this notice must take. Quick Tip Lamp Check. The initial day deadline is calculated using court days, while the notice period uses calendar days. This difference can significantly affect the applicable deadline. A notice sent by mail from within California to a party whose service address is also in California, for example, would need to be sent at least 16 court days plus five calendar days before the hearing.
Any opposition to the motion must be served and filed at least 9 court days before the hearing. If the moving party wishes to file a reply to the opposition, it must be served and filed at least 5 court days before the hearing.
An ex parte application is a request by one party that involves a matter that requires urgent attention by the court. In general, the party seeking an ex parte application must notify all parties no later than a. A court may, however, allow a shorter deadline if the party can show exceptional circumstances that justify a shorter time for notice. In unlawful detainer cases, a party seeking an ex parte order may provide shorter notice than other cases, as long as the notice given is reasonable.
The ex parte papers filed with the court must include:. These papers should be served on the opposing party at the first reasonable opportunity. If either party is ordered to show cause by the court, they must file their responsive papers at least 5 calendar days before the hearing unless otherwise ordered by the court. A party can serve and file a motion for summary judgment as early as 60 days after the general appearance of each party against whom the motion is direct, but no later than 75 days before the hearing date.
So, the motion will need to be served and filed at least 80 days before the hearing if it is served by mail on a party located inside the State of California. A motion for summary judgment must be heard at least 30 days before the date set for trial, unless the court for good cause orders otherwise. Any opposition to the motion for summary judgment must be served and filed at least 14 days before the hearing date.
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