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How do I count the 16 court days to file and serve motion documents?

San Diego, CA |

Is it to the date of the hearing as one of the court days or is it the day before the hearing date as the last day of the court days?

My hearing date is 9/15/10. Is today my deadline 8/23/10 or tomorrow 8/24/10?
9/6 Monday is a holiday so that is not counted.

Trying to figure out how to count my court days of hearing date.

I can't seem to determine that from the filing rule.

thank you.

also, I read about mail service and also read C.C.P. 1011 about mailing. the service to other party was done and delivered same day and arrived at location (online USPS with tracking detailed information showing address of delivery, time of arrival scan at delivery address) on 8/21/10. Which would mean the attorney office received when they got in this morning. Will there be an issue with this service of the motion documents as well with the 16 court days rule? It says add 5-days to the 16-days for MAIL service and 16-days for PERSONAL service. However per C.C.P. 1011 and the overnight or express delivery with POS040, add 1 day. HOWEVER if the delivery confirmation shows same day arrival, does it really matter what the mail service was called? "Express", "Overnight", "Priority Mail" and it wasn't delivered on the 17th day? My understanding is as long as they receive it and docs are also filed on the 16 court day, that's the important fact, is it not?

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Filed under: Filing a lawsuit
Attorney answers 2

Best Answer

To calculate 16 days for filing, count backwards, with "1" being the day before. So, counting backwards from 9/15/10, 8/23/10 was the date for filing.

If you serve it by mail, you need to subtract 5 days backwards -- it should have been served on 8/18/10. If you serve in person, you could have served today. If you serve by overnight mail, it is 2 days you count backwards, so, you should have served by 8/21/10. The judge looks at the method of service, not the actual "effect" of service.

Hope that helps!

Legal Disclaimer: You should remember that this answer does not constitute legal advice, and should not be relied on. This is because each state has different laws and each situation is fact specific. That is why a lawyer can't evaluate a legal problem without a consultation and a chance to review every fact and document at issue.

Also, this answer does not create an attorney-client relationship between us.


You missed the deadline if you did not file it on Monday, Aug. 23 for a hearing on Sept. 15. Thus, the clerk may reject the motion or may simply mark it late or "received." If the date is fixed for some reason, then you should try to file your motion in any event. The mailing adds five calendar days to the required notice, but you can overnight it so it is then just two court days.

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