How And When To Serve A Responsive Declaration | California Divorce

How And When To Serve A Responsive Declaration | California Divorce

Hi, Tim Blankenship with

Today we’re talking about the due dates for filing your, or serving your responsive declaration to a motion.

I’ve recently helped a client file a response and we were talking about when he had to get into my office because there is a certain time-frame you have to file and serve your responsive paperwork.

In a previous video we talked about, if you’re the filing party, the moving party, how and when you need to serve the order to show cause documents on the other party.

But if you’re filing a response, you have other due dates that you need to be aware of.

So if you did recently receive a motion, they should have served you and given you ample time to respond. What the court say is it needs to be sixteen court days plus five calendar days if they’re going to mail it to you.

And we covered that in a previous video.

But if you were going to respond you also have some deadlines. The responsive declaration that you’re going to prepare has to be in court, file with the court and served on the other party, nine court days prior to the hearing.

Now, you don’t have to personally serve it, you can but that’s what that nine days is talking about. Nine court days prior to hearing you have to personally serve that responsive declaration on your spouse, if you’re going to mail it then you add five calendar days. So, it’ll be nine court days, watch out for holidays, plus five calendar days. That’s the time frames when you’re filing, and responding to an order to show cause, a motion, request for order, or whatever you want to call it.

Just keep track of those court days and what you’re going to do. Look at the court date, count back nine court days, then add 5 calendar days, and make sure you mail that out by that date, and make sure you get that filed with the court prior to that nine court day period.

This is Tim Blankenship, For more information, give me a call, 661-281-0266.

Look forward to talking to you.