How many days after service of an Opposition to Mot.to Quash Service of Cross-Complaint should the Reply be filed? Can it be filed 3 court days before the hearing and the status conference?
The deadline is not based upon the timing of the service of the Opposition. Rather, the deadline for filing and serving the Reply to Opposition is five court days prior to the hearing on the motion. If the Reply to Opposition is late, most likely the judge will not have received it nor have time to review and consider it prior to the hearing.
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.
5 court days before hearing.
The dealine for filing and serving a Reply to opposition to a motion is 5 court days prior to the hearing. See CCP 1005(b). The Reply should be served by personal delivery, facsimile transmission, express mail, or other means reasonably calculated to ensure delivery to the other party not later than the close of the next business day after the time the Reply papers are filed. CCP 1005(c). Although there is a good chance a late filed Reply may not be read or considered, you should go ahead and file it even if you are late. Some judges may consider late filed Reply papers.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.