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Does discovery served by mail get the 5 day extension if served by overnight mail?

Tustin, CA |

I served written discovery on opponents with overnight mail. Can I use a 31 day deadline for them to serve me with responses since they received it the next day?

Attorney Answers 3


No. Assuming your case is in state superior court (and not federal court), if you propounded written discovery and served it via overnight mail, the responding party gets a total of 30 plus two court days to respond. Service via overnight mail entitles the responding party to 2 additional court days (not 5 days). See CA Code of Civil Procedure section 1013, subdivision (c).

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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No. You must serve them personally in order to avoid the 5 day extension for mailing.

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Apparently, the use of an overnight mail gives your opponent additional 2 court days to the default 30 court days to respond to the written discovery. Good luck

877-603-8473 - Peter S. Cameron, Esq. 2445 Fifth Ave. #350, San Diego, CA 92101 - Call 24/7 for a FREE CONSULTATION!

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