Legal Question in Business Law in California

I sued a defendant in pro per. The defendant has hired an attorney. The defendant's attorney has filed a motion. How long do I have to respond to this motion and how many days before the hearing must the defendant's attorney be served with my response?

Asked on 10/17/18, 12:30 pm

1 Answer from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.

Check the California Rules of Court and the California Code of Civil Procedure, both of which are available online. It depends upon the motion being filed (and you don't say what type of motion it was), but generally Oppositions to motions must be filed and served at least 9 COURT days (not including court holidays) before the hearing, either by personal service or overnight delivery. The law does not permit service by mail of oppositions or replies to motions. The motion must be filed on you at least 16 COURT days before the hearing, but may be more than that. Be aware that certain types of motions require a shorter or longer time frame.

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Answered on 10/18/18, 12:01 pm

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