I was served with a Motion to Compel Discovery, I need to file an opposition to the Motion because I have already provided my responses. What is my deadline? how many days before the hearing must I file the opposition and serve the other party?
In California, the deadlines with respect to notice of motions, oppositions and replies to oppositions to most motions in civil litigation matters are governed by California Code of Civil Procedure section 1005.
Your Opposition to the Motion to Compel is due nine COURT days before the hearing date. You need to personally serve, fax or overnight deliver the Opposition if you are serving and filing on the last date.
California Code of Civil Procedure section 1005, which provides as follows:
"(b) Unless otherwise ordered or specifically provided by law, all
moving and supporting papers shall be served and filed at least 16
court days before the hearing. The moving and supporting papers
served shall be a copy of the papers filed or to be filed with the
court. However, if the notice is served by mail, the required 16-day
period of notice before the hearing shall be increased by five
calendar days if the place of mailing and the place of address are
within the State of California, 10 calendar days if either the place
of mailing or the place of address is outside the State of California
but within the United States, and 20 calendar days if either the
place of mailing or 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 16-day period of notice before the hearing
shall be increased by two calendar days. Section 1013, which extends
the time within which a right may be exercised or an act may be done,
does not apply to a notice of motion, papers opposing a motion, or
reply papers governed by this section. All papers opposing a motion
so noticed shall be filed with the court and a copy served on each
party at least nine court days, and all reply papers at least five
court days before the hearing. The court, or a judge thereof, may prescribe a shorter time.
(c) Notwithstanding any other provision of this section, all
papers opposing a motion and all reply papers shall be served by
personal delivery, facsimile transmission, express mail, or other
means consistent with Sections 1010, 1011, 1012, and 1013, and
reasonably calculated to ensure delivery to the other party or
parties not later than the close of the next business day after the
time the opposing papers or reply papers, as applicable, are filed.
This subdivision applies to the service of opposition and reply
papers regarding motions for summary judgment or summary
adjudication, in addition to the motions listed in subdivision (a).
The court, or a judge thereof, may prescribe a shorter time."
I suggest you contact the moving party to see if the moving party is willing to takethe motion off calendar in light of the fact that you have now provided responses to this discovery.
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 Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Intellectual Property Law Attorney
While I cannot give you legal advice in this forum, generally it is due 9 court days before the hearing.
THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL ADVICE. FURTHER, THIS RESPONSE IS NOT INTENDED TO AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
Debt Collection Attorney
9 court days prior to the hearing is when your opposition is due
Employment / Labor Attorney
You must serve and file your opposition to the motion to compel discovery 9 COURT days before the date set for the hearing. To determine when the opposition is due, start at the hearing date and count backward in time. Do not count the day of the hearing, weekends or court holidays. Service must be accomplished in a manner reasonably calculated to reach the other side by the next business day. You might want to contact the other attorney and ask if they will withdraw the motion. You might want to consider hiring an attorney to assist you in this matter. I often see self represented parties in court who are in way over their heads.