Deadlines

Question 1

How many days does a defendant have to respond to a complaint?

Answer 1

30 calendar days after service of the summons and complaint.

Question 2

How many days before trial must discovery be completed?

Answer 2

30 days before trial for non-expert discovery.

Question 3

When must expert witness information be exchanged?

Answer 3

50 days before trial, or 20 days after service of trial date notice, whichever is closer to trial.

Question 4

How many court days before hearing must motions be served and filed?

Answer 4

16 court days before the hearing.

Question 5

How many court days before hearing must opposition papers be filed?

Answer 5

9 court days before the hearing.

Question 6

How many court days before hearing must reply papers be filed?

Answer 6

5 court days before the hearing.

Question 7

What is the last day to file a motion for summary judgment?

Answer 7

81 days before the hearing

Question 8

When must proof of service for moving papers be filed?

Answer 8

No later than 5 court days before the hearing.

But in practice, POS is filed right after serving moving papers.

Question 9

What is the last day to file a motion to compel further discovery responses?

Answer 9

Within 45 days after the insufficient response is served.

Question 10

How long does a party have to respond to interrogatories, requests for production, or admissions?

Answer 10

30 days after service of discovery.

Question 11

What is the earliest date for compliance with a subpoena for business records only?

Answer 11

No earlier than 20 days after issuance or 15 days after service, whichever is later.

Question 12

When must a nonparty witness be personally served with a subpoena for attendance and testimony only?

Answer 12

Service must allow reasonable time for preparation and travel.

Question 13

What is the service requirement for a deposition subpoena requesting both records and testimony from a nonparty witness?

Answer 13

Must allow reasonable time for preparation, travel, and locating documents, and serve parties with same notice time as deposition notice.

Question 14

What are the service timing requirements when subpoenaing personal or employment records of a consumer?

Answer 14

Serve the consumer at least 10 days before production date and at least 5 days before serving the custodian of records.

Question 15

How long does a deponent have to read, correct, and sign the original deposition transcript?

Answer 15

30 days from the deposition officer’s written notice that the transcript is available.

Question 16

What is the deadline to file a motion to compel an answer or production during a deposition?

Answer 16

No later than 60 days from the deposition officer’s certificate of completion.

At least 5 court days before the hearing, the moving party must lodge a

Question 17

How long must the noticing party retain the original oral deposition transcript?

Answer 17

At least 6 months after final disposition of the action.

Question 18

How Many Days Before the Date of Inspection Must the Demand be Served?

Answer 18

At least 10 days before the date set for inspection.

Question 19

How long does the party served have to respond to a Demand for Inspection?

Answer 19

Within 30 days after service of the demand.

Question 20

What is the deadline for filing a motion to compel further response after a Demand for Inspection?

Answer 20

The motion must be filed within 45 days after the service of the verified response or supplemental response.

Question 21

How much additional time does service by mail add to the response period?

Answer 21

Add 5 calendar days if served within California by mail

Question 22

How much additional time does service by overnight delivery add to the response period?

Answer 22

Add 2 court dates

Question 23

When can a defendant make a demand for physical examination?

Answer 23

Any time after service of summons or appearance, whichever occurs first.

Question 24

How much notice must be given before the physical examination takes place?

Answer 24

At least 30 days’ notice before the examination.

Question 25

Within how many days must the written response to the demand be served?

Answer 25

Within 20 days after service of the demand.

Question 26

When must the written report of the examination be served?

Answer 26

Within 30 days after service of the demand for the report or at least 15 days before trial, whichever is earlier.

Question 27

How long must the defendant retain the original demand and response?

Answer 27

Until at least 6 months after final disposition of the action.

Question 28

When may the plaintiff serve a notice of deposition?

Answer 28

20 days after service of summons or appearance, whichever occurs first.

Question 29

When may the defendant serve a notice of deposition?

Answer 29

At any time after service of summons or appearance, whichever occurs first.

Question 30

How many days before the deposition must the notice be served?

Answer 30

At least 10 days before the deposition.

Question 31

If personal or employment records are subpoenaed, how long after subpoena issuance must the deposition be set?

Answer 31

At least 20 days after the subpoena is issued.

Question 32

When must written objections to the deposition (timing, content, location, documents/ESI) be served?

Answer 32

At least 3 calendar days before the deposition. If served on the third day prior, it must be by personal service.

Question 33

When must discovery (other than expert witness discovery) be completed?

Answer 33

On or before 30 days before the initial trial date. If that day falls on a weekend or holiday (per CCP § 10), the deadline is the next court day closer to the trial date.

Question 34

When must discovery motions be heard?

Answer 34

On or before 15 days before the initial trial date (except expert witness discovery).

Question 35

When must expert witness discovery (depositions) be completed?

Answer 35

On or before 15 days before the initial trial date.

Question 36

When must expert witness motions be heard?

Answer 36

At least 10 days before the initial trial date.

Question 37

When may a plaintiff serve a request for inspection of documents?

Answer 37

10 days after service of summons or appearance, whichever occurs first.

Question 38

When may a defendant serve a request for inspection of documents?

Answer 38

At any time after service of summons or appearance.

Question 39

What is the deadline to respond or object to a request for inspection?

Answer 39

Within 30 days after service of the request.

Question 40

When must a motion to compel further compliance be filed?

Answer 40

Within 45 days from service of response or supplemental response, after the initial time to respond has elapsed, including any time extensions.

Question 41

When can the propounding party move for a motion or be deemed admitted if no response is made?

Answer 41

At any time after the response deadline has passed without a response.

Question 42

How long must the propounding party retain original requests and responses?

Answer 42

Until at least 6 months after final disposition of the action.