Legal Question in Civil Litigation in California

Motion for Summary Judgment

How many days before the hearing date must you serve a Motion for Summary Judgment for personal service, for service by mail.


Asked on 12/02/05, 4:17 pm

5 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Motion for Summary Judgment

I don't know off the top of my head, it is in the code, but I do remember that it is very long like 75 days.

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Answered on 12/02/05, 4:21 pm
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Motion for Summary Judgment

You actually need no less than 110 days filed and served BEFORE THE FIRST DATE set for trial.

Look up 437c Code of civil Procedure

sincerely,

Mark Geyer

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Answered on 12/02/05, 4:26 pm
Larry Rothman Larry Rothman & Associates

Re: Motion for Summary Judgment

The time is 75 days personal service and 5 days if sent by mail for a regular case and 5 days personal service for an unlawful detainer. For federal court in the Central District, the time is 21 days, plus 3 days by mail. Please call me if you have any other questions.

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Answered on 12/02/05, 4:35 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Motion for Summary Judgment

75 days before hearing if by personal service, 80 days if by regular U.S. Mail. There are a variety of STRICT statutory requirements for format, evidence, and procedure. You should consult an attorney with experience in civil litigation for more advice.

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Answered on 12/02/05, 5:17 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Motion for Summary Judgment

In California state courts: Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. However, if the notice is served by mail, the required 75-day period of notice shall be increased by five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States, and if the notice is served by facsimile transmission, Express Mail, or another method of delivery providing for overnight delivery, the required 75-day period of notice shall be increased by two court days.

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Answered on 12/02/05, 6:45 pm


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