Legal Question in Civil Litigation in California
I served a motion and notice of motion to quash notice of deposition. I mailed it right after it was filed. The court set the motion date which is less than the required notice period (less than 16 days + 5 days mailing). Does this constitute an exception under Section 1005(b), "unless ordered otherwise" or "the court, or a judge thereof, may prescribe a shorter time." Now the other party is objecting.
2 Answers from Attorneys
The court clerk will set the motion for whatever day you choose in some cases, without looking at the rule. This does not mean you have permission to have the motion heard on shortened time.
If you do not have an explicit order from the judge shortening time you likely will have your motion taken off calendar for insufficient notice.
I agree with Mr. Perry. The court clerk gave you a motion date that did not comply with the rule. It was your responsibility to reserve the proper motion date. The provision "unless ordered otherwise" refers to an actual order from the judge "shortening time," and not to the court clerk.
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