Filing & Service Due Dates For California Divorce Motions & Request For Orders
Hi, Tim Blankenship with divorce661.com
Today, we’re talking about motions, order to show causes, and request for orders.
Essentially that name, is just a duplicate of word of the same thing. Motions, order to show cause, and request for order.
The reason I’m using all three of those is because they have changed the name from order to show cause to request for order recently. It’s the same application; they just changed it a little bit, so I wanted to make that clear.
But what we’re talking about today is due dates.
So when you file a motion in order to show cause or request for order, there are specific due dates you have to comply with in order to serve that and, we’re going to talk about that right now.
So let’s assume you’re filing a motion for temporary orders for child support, spouse support, it doesn’t matter.
You’re in the divorce case and you’re going to file a motion to get a court date for the court to do something, you’re going to ask the court to do something.
So what are the due dates?
So the first thing you’re going to do is file the motion. You’re going to go down to court, get a court date and then you’re going to have your filed documents from the court.
The next thing you need to do is serve that on the other party. You need to serve that on the other party to let them know, hey you need to show up for this hearing because I’m going to go to court and ask the judge to make some orders. So what are the due dates on this?
If you have just filed a motion, what you have to do is look at the court date. To file a motion, you have to serve that motion that you filed with the court, sixteen court days prior to the hearing, so what you need to do is you need to look at the court date, then look at the calendar and count back sixteen court days, not calendar days, court days.
And now remember, these are court days so you need to make sure you check the court website for any holidays, you don’t want to serve this late, the other party could object or do some other things if you don’t serve this at a timely fashion. So look at your court date, count back sixteen court days, and watch out for holidays.
Now that’s the day that that form or that motion rather has to be personally served, that means you have to have someone other than yourself personally deliver it, hand- deliver it to that person, if you want that to count.
Now, the other way you can do that is if it’s not post-judgment. Post-judgment motions have to be served personally but if you have a motion during a divorce case, you can simply mail it to them. So what you need to do is do the sixteen court days and add five calendar days to mail, and that would be a good mail service.
The next due date you need to concern yourself is if you’re filing a response.
The response due dates, that is something I’m going to cover the response due dates on another video. So make sure if you’re responding, check for another video, Google our channel for response dates for motions for divorce cases in California.
Thanks for reading!