Legal Question in Business Law in California

Time to File...

Time to file deadline... if Motion date is June 22, what day is 14 day deadline? June 5 or June 8?

reference: L.R. 7-9 Opposing Papers. Each opposing party shall, not later than fourteen (14) days before the date designated for the hearing of the motion....


Asked on 6/05/09, 3:28 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Time to File...

June 5 if you serve by mail and June 8 if you have it personally served.

Of course, you've got other problems.

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Answered on 6/05/09, 3:32 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Time to File...

You didn't say, but I guess you are in a U.S. District Court, perhaps for the Central District of California. The Federal Rules of Civil Procedure do not state when opposition papers must be served and filed, so it is generally covered by a local rule. In the Central District, the rule reads as follows:

"L.R. 7-9 Opposing Papers . Each opposing party shall, not later than ten (10) days after service of the motion in the instance of a new trial motion and not later than fourteen (14) days before the date designated for the hearing of the motion in all other instances, serve upon all other parties and file with the Clerk either (a) the evidence upon which the opposing party will rely in opposition to the motion and a brief but complete memorandum which shall contain a statement of all the reasons in opposition thereto and the points and authorities upon which the opposing party will rely, or (b) a written statement that that party will not oppose the motion. Evidence presented in all opposing papers shall comply with the requirements of L.R. 7-6, 7-7 and 7-8."

If this is not a new trial motion, the Central District due date would be June 8, counting backwards from the 22nd, with the 21st being one day before, the 20th being two days before, etc. and finally Monday the 8th being the 14th day before.

Please be SURE to read ALL applicable local rules in the district where your case is pending, because there are significant differences from district to district and the rules do get revised from time to time!

Also, be sure the papers you file and serve are in the required format and are served and filed by and approved procedure. Attorneys almost always have to file electronically, often with hard-copy follow-up delivered directly to the judge's office.

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Answered on 6/05/09, 4:41 pm


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