When counting the time limit for a Motion for Reconsideration, do I count 10 days after the day it was filed and served?

Asked about 3 years ago - San Leandro, CA

The order was filed and served on August 5. So do I count 10 days starting August 6 so the deadline to file the Motion would be August 15? Or do I count starting August 5, so the deadline to file the Motion would be August 14?

Attorney answers (2)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . Your motion is due on the 15th, starting counting on the 6th.

    Check the requirements of CCP 1008 and make sure you can meet them --usually that means you have new law, which is very unlikely - before doing this. These motions are rarely successful and they're not appealable.

    PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . Attorney Koslyn is correct. Due on August 15th.

    Keep in mind that the burden under Code of Civil Procedure § 1008 “is comparable to that of a party seeking a new trial on the ground of newly discovered evidence: the information must be such that the moving party could not, with reasonable diligence, have discovered or produced it at the trial.” (New York Times Co. v. Superior Ct. (Wall St. Network, Ltd.) (2005) 135 Cal.App.4th 206, 212—213.) Therefore, a party seeking reconsideration of a prior order based on “new or different facts, circumstances or law” must provide a satisfactory explanation for failing to present the information at the first hearing; i.e., a showing of reasonable diligence. (Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 690.)

    http://www.avvo.com/legal-guides/ugc/guidelines...

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more

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