Motion Late Filing Form
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How long do you have to file motions in California?
MOTIONS. Noticed motions – must be served and filed 16 court days before the hearing date (+ 5 more calendar days if served by mail) (+ 2 more if served by fax, express mail, or overnight delivery). [CCP 1005] Note: CCP 1013 does not apply.
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What is a motion to accept a late filing?
A motion to accept an untimely filing must explain the reasons for the late filing and show good cause for acceptance of the filing. In addition, parties are strongly encouraged to support the motion with documentary evidence, such as affidavits and declarations under the penalty of perjury.
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How many days before hearing must motion be filed in California?
Motions: 16 court days before hearing (+5 calendar days for mailing). If the mailing deadline (16+5 days) has passed, but there are still more than 16 court days before the hearing, you can have it served by personal delivery.
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What is the notice period for motions in California?
Code of Civil Procedure (“CCP”) section 1005 states the amount of time required to give notice of most motions. The moving papers must be personally given to each opposing side at least 21 days before the hearing on the motion, OR mailed to each opposing side at least 26 days before the hearing on the motion.
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What does it mean when a motion is filed?
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.
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How long does it take to file a motion to compel in California?
Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
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What is the cut-off date for motions before trial in California?
No later than 20 days before trial, each party must file all motions in limine and must lodge with the court any items served under (b)(2)-(9) and (c).
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What is the return date for a motion in NY?
The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court. NYSCEF wants to know the court date and has a calendar button to find the court date you picked.
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