When is the deadline to file a motion for summary judgment or adjudication in California Civil Court?

Asked about 1 year ago - Fresno, CA

Basically, how many days before the trial date is the deadline to file the motion? Is it the same in all California Civil Court or does it vary from county to county. Thanks in advance for your help!

Attorney answers (1)

  1. Nicholas Basil Spirtos

    Contributor Level 20

    Answered . Take a look at Code of Civil Procedure 437c - you can access it online using google - part of it is below for convenience, but you need to read the entire statute. The process is the same in all courts, but some courts have their own rules that might apply. Check the local rules for your area, and the rules for your specific department.
    437c. (a) Any party may move for summary judgment in any action or
    proceeding if it is contended that the action has no merit or that
    there is no defense to the action or proceeding. The motion may be
    made at any time after 60 days have elapsed since the general
    appearance in the action or proceeding of each party against whom the
    motion is directed or at any earlier time after the general
    appearance that the court, with or without notice and upon good cause
    shown, may direct. Notice of the motion and supporting papers shall
    be served on all other parties to the action at least 75 days before
    the time appointed for hearing. However, if the notice is served by
    mail, the required 75-day period of notice shall be increased by five
    days if the place of address is within the State of California, 10
    days if the place of address is outside the State of California but
    within the United States, and 20 days if 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 75-day period of notice shall be
    increased by two court days. The motion shall be heard no later than
    30 days before the date of trial, unless the court for good cause
    orders otherwise. The filing of the motion shall not extend the time
    within which a party must otherwise file a responsive pleading.

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