Legal Question in Business Law in California

If my discovery cutoff falls on the weekend, do I go forward to Monday or back to Friday?

Asked on 6/24/15, 5:17 pm

2 Answers from Attorneys

Gerald Dorfman Dorfman Law Office

Monday. Code of Civil Procedure section 2016.060. When the last day to perform or complete any act provided for in this title falls on a Saturday, Sunday, or holiday as specified in Section 10, the time limit is extended until the next court day closer to the trial date.

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Answered on 6/24/15, 7:46 pm
Charles Perry Law Offices of Charles R. Perry

I disagree. You are counting days backwards, not forwards here. The correct statute is CCP 12c.

I have seen summary judgment motions denied for being filed too late because counsel rolled the last possible date forward to the Monday -- meaning less than 75 days' notice was granted. Treat the cutoff as Friday.

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Answered on 6/25/15, 12:34 am

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