Legal Question in Family Law in California
How many days notice in El Dorado County in California do the petitioner need to give prior to an order to show cause hearing? How many days prior to the hearing does the respondent have to respond prior to the hearing?
1 Answer from Attorneys
Unless otherwise ordered by the court, or specified in a specific statute, paperwork in support of an Order to Show Cause hearing must be filed and served 16 court days prior to the hearing, and that time period must be increased by 5 calendar days if served by mail, and the address is in California. Code of Civil Procedure section 1005, subdivision (b) contains the guidelines for time.
Keep in mind that there is a difference between court days and calendar days. Court days are days that the courthouse is actually open.
Papers submitted in opposition must be served and filed at least 9 court days before the hearing, and must be served in a manner to ensure delivery to the opposing party the next day.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
