Affidavit Motion Amend Without In Santa Clara
Description
Form popularity
FAQ
In general, before a demurrer or a motion to strike can be filed, the law requires that the two sides try to solve the issue either in person or by phone. This is called "meet and confer." Code of Civil Procedure section 430.41 and 435.5.
Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response See Above.
A notice means the other side is dismissing their own case. A motion means they want to dismiss the other sides case.
(a) Motion and opposition (2) A motion must be accompanied by a memorandum and, if it is based on matters outside the record, by declarations or other supporting evidence. (3) Any opposition must be served and filed within 15 days after the motion is filed.
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. If you miss the service deadline entirely, you will need to re-schedule your motion.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
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. If you miss the service deadline entirely, you will need to re-schedule your motion.
What if I need to postpone my court date? (a continuance) Ask for a continuance. You can do this in person, by phone or in writing. The Court will allow one continuance for arraignments or trials if the parties have waived their right to trial within time periods set by law.
The request MUST BE SUPPORTED by a declaration signed under penalty of perjury that clearly explains the reasons for requesting a continuance and why the the timeline for a continuance is appropriate under the circumstances. The Court does not offer a form to request a continuance.
(b) Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.
