How many days in advance of a hearing do papers need to be served?

Asked almost 4 years ago - Campbell, CA

Hi,

I happened to notice a couple weeks ago that there is a calendered event for my case, scheduled for Dec. 15. It appears to be a request for Attorney Fees from my husband. However, he has yet to serve me with the papers for this hearing. When is he required to serve me the papers by? I saw that for Orders to Show Cause, the fine print says that I am supposed to serve a Responsive Declaration at least 9 days before the hearing. So, it seems to me that he should also give me AT LEAST 9 days.

Thank you.

Attorney answers (3)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . He is required to give you 16 court days notice, plus 5 days if service by mail.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

  2. Robert Harlan Stempler

    Contributor Level 19

    Answered . The notice of a hearing must be sent to you and filed at least 16 court days (not calendar days) before the date of the hearing. Perhaps your copy was lost in the mail and you should ask the other side to fax or email you a copy, so you have that and can oppose. Otherwise, go to the court and get a copy from the court's case file for your case. You have nine court days before the hearing to file opposition, which you should not only mail, but also serve by fax or simply overnight it.

  3. Gregory Garth Brown

    Contributor Level 12

    Answered . Notice requirements vary. If the paperwork actually says you are to receive 9 days, then you should have at least that amount of time. You may also be entitled to an extra 5 days for mailing depending upon the circumstances.

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