Legal Question in Civil Litigation in California

Can a Notice of Motion (To Reconsider; 1008a) be filed and served on an earlier separate day first, then the Motion itself, Memorandum of P & A be filed a few days later (as long as all are filed 16 court days before hearing & within 10 days of order). Because the Notice is just to secure the court date (before the calendar gets full) and since the Memorandum takes work, it could be filed later. ,,,Or does all paperwork have to be filed at the same day?


Asked on 2/12/15, 9:33 am

1 Answer from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Yes, normally you can notice it early and separately, but better practice is to include another second notice along with the Memo and motion papers.

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Answered on 2/13/15, 10:30 am


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