Legal Question in Business Law in California
My time to serve a defendant the original summons and file a POS ends this Tuesday.
Do I get an extra day due to Mother's Day?
What happens if the service occurs before the deadline but the POS is late?
The Defendant authorized his Attorney to accept service and receive the complaint, now all I need is for her to sign the "Notice of Acknowledgment form" and submit to the courts.
2 Answers from Attorneys
Are you concerned about the 60 day rule set by the rules of court, or the 3 year rule set by the Code of Civil Procedure. No, you do not get an extra day for Mother's Day.
The rules sometimes add an extra day when the courts are closed on a weekday. That often happens when a major holiday falls on a weekend, but Mother's Day is not a major holiday.
I would need more details before I could answer the rest of your question.
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