The two most powerful warriors are
Patience and Time.
Tolstoy
Here’s a summary of how to calendar dates for use in California courts.
Know that “days” mean calendar days, and that “court days” are days the court is open for business (e.g. Monday through Friday, excluding holidays).
How To Calendar Dates In California Court
- Exclude First Day
Always exclude the first day. See CCP § 12
- Include Last Day
Always include the last day. See CCP § 12
- Include Last Day – Exception
If the last day is a holiday, exclude it. Here’s a list of current holidays: https://www.courts.ca.gov/holidays.htm
If you are supposed to do something on the “last day” like respond to discovery (see the example below), then “holiday” includes weekends. See CCP § 12a(a). If that Monday is a holiday, then the “last day” is now Tuesday. - Extensions
-You get no extensions for personal service. See CCP § 1011.
-You get a 5 day extension for service by mail in California. See CCP § 1013(a).
-You get a 10 day extension for service by mail outside of California. See CCP § 1013(a).
-You get a 20 day extension for service by mail outside of the United States. See CCP § 1013(a).
-You get a 2 court day extension for service by overnight delivery. Exception: service of moving papers under CCP § 1005 is 2 calendar days. See CCP § 1013(c) and CCP § 1005(b).
-You get a 2 court day extension for service by fax. Exception: service of moving papers under CCP § 1005 is 2 calendar days. See CCP § 1013(3) and CCP § 1005(b) and CRC Rule 2.300.
-You get a 2 court day extension for service by overnight delivery. Exception: service of moving papers under CCP § 1005 is 2 calendar days. See CCP § 1013(c) and CCP § 1005(b).
-You get a 2 court day extension for service by email. See CCP § 1010.6(a)(4). - Specific Step For Hearing Deadlines
Count backwards from the hearing date. See § CCP 12c.
Here’s an example for Steps 1 to 4:
Discovery responses to Form Interrogatories are due 30 days after service. See CCP § 2023.260(a). You serve Form Interrogatories on the defense on October 1, 2020.
-If you personally served the defendant, responses are due November 2, 2020. You exclude the first day, October 1 and count forward 30 days, which is November 1. November 1 is a “holiday” (it’s a Sunday), so responses are due the next day, November 2.
-If you served by mail, responses are due November 6. You exclude the first day, October 1 and count forward 30 days, which is November 1. You then add 5 days, which gives you November 6.
-If you served by email, responses are due November 4. You exclude the first day, October 1 and count forward 30 days, which is November 1. You then add 2 court days, which gives you November 4.
Here’s an example for Step 5:
You need to file a Motion to Compel the defense’s Form Interrogatories. The Court set for the hearing date on October 30, 2020. You must file and serve your motion 16 court days before the hearing. See CCP § 1005. Counting backwards 16 court days gives you October 8. October 12, however, is a holiday (Columbus Day), so you can’t count it. October 7 is the last day to file the motion. It’s also the last day to personally serve the motion. If you want to serve by any other methods, extensions apply.
There’s more to discuss, but this is a general introduction.
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