CALIFORNIA CIVIL LAW DEADLINES
(EMPHASIS ON LABOR AND EMPLOYMENT LAWS)
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EXHAUSTION OF ADMINISTRATIVE REMEDIES
Right to Sue (DFEH) – FEHA Claims
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Three Years: As of January 1, 2020, AB 9 effectively amended Government Code 12960 and 12965 to state that all FEHA claims have a statute of limitations that extends to three years from the date of the discrimination, retaliation, or harassment. A complaint must be timely filed within three years of the date on which Defendant’s alleged unlawful practice (discrimination, retaliation, or harassment) occurred. [Gov. Code § 12960(e)]
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1 Year Lawsuit Filing Deadline: File the lawsuit within 1 year after obtaining the right to sue letter from DFEH. [Gov. C. § 12965(f)(2)]
Right to Sue (EEOC)
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180/300 Day Filing Deadline: Under Title VII, a person must file a charge of employment discrimination with the EEOC within one hundred eighty (180) calendar days from the date the discrimination took place. However, if a state or local agency enforces a law prohibiting employment discrimination on the same basis, the filing deadline is extended to three hundred (300) calendar days. [42 U.S.C. § 2000e-5(e)]
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90-Day Lawsuit Filing Deadline: Employees have ninety (90) days after receipt of an EEOC right-to-sue notice to file suit under Title VII. [42 USC § 2000e-5(f)(1)]
PAGA Letter
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1 Year Lawsuit Filing Deadline: A The Labor Code Private Attorneys General Act (“PAGA”) action is subject to a one-year statute of limitations. (Brown v. Ralphs Grocery Co. (2018) 28 Cal.App.5th 824, 839 citing Code Civ. Proc., § 340, subd. (a).)
Labor & Workforce Development Agency (“LWDA”) must be notified of the forthcoming PAGA suit during the one-year limitations period so that the agency can first decide whether it will act on the violations alleged in the notice. Enrique Esparaza v. Safeway, Inc. (2019) 36 Cal.App.5th 42.
Furthermore, an additional sixty-five (65) days is given to LWDA to investigate an aggrieved employee’s complaints. The statute of limitations is tolled during the mandatory notice period. (Lab. Code, § 2699.3, subd. (d).)
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Three Years by Statute: The general statutes of limitations govern civil actions for unpaid wages—i.e., two years after accrual for actions based on oral agreements (CCP § 339); four years for actions based on written agreements (CCP § 337); and three years for wage liabilities created by statute. [CCP § 338(a)] Wage liabilities created by statute include claims like Overtime, wage statement violations, waiting time penalties, meal and rest breaks violations, inter alia.
Note: A cause of action for unpaid wages accrues when the wages first become legally due—i.e., on the regular payday for the pay period in which the employee performed the work. When the work is continuing and the employee is therefore paid periodically (e.g., weekly or monthly), a separate and distinct cause of action accrues on each payday, triggering on each occasion the running of a new limitations period. See, Cuadra v. Millan (1998) 17 Cal.4th 855, 859–860 (disapproved on other grounds in Samuels v. Mix (1999) 22 Cal.4th 1)
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Four Years for UCL Claims: Violation of a Labor Code provisions governing wage payments may also be actionable as an “unlawful business practice” under the Unfair Competition Law (“UCL”) subject to a four-year statute of limitations. [Bus. & Prof.C. § 17208]
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Common law employment claims: In general, actions for assault, battery, Intentional infliction of emotional distress, Negligent infliction of emotional distress claims, Wrongful Termination must be brought within two years after accrual of the action. [CCP § 335.1]
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Actions for defamation or false imprisonment: Wthin one (1) year of accrual of the action. [CCP § 340(c)]
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Fair Labor Standards Act (FLSA): Actions under the FLSA for failure to pay wages or overtime must be commenced within two years after the illegal conduct occurred, unless the violation was willful, in which event a three-year statute of limitations applies. [29 USC §§ 255, 255(a)]
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Family and Medical Leave Act (FMLA): Actions for FMLA violations must be filed within two years after the last action that is alleged to violate the FMLA. [29 USC § 2617(c)(1); 29 CFR § 825.400(b)], unless the violation was willful, in which event a three-year statute of limitations applies. [29 USC § 2617(c)(2); 29 CFR § 825.400(b)]. There is no exhaustion requirement in the FMLA. [29 USC § 2601 et seq)]
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Service of Complaint on Defendants: Sixty (60) days after filing. [CRC Rule 3.110]
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Amended Complaint for an Additional Defendant: Thirty (30) days after adding the new Defendant. [CRC Rule 3.110(b)]
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File Proof of Service: Sixty (60) days after serving the complaint. [CCP § 583.210]
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First Amended Complaint: Plaintiff has a right to amend the complaint once any time before an answer is filed, or, if a motion to strike is filed, up to the time the opposition to the motion to strike is due —i.e., nine (9) court days before the hearing on the motion. [CCP § 472, CCP § 1005]
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Subsequent Amendments: Leave of the Court. If leave to amend is granted, the party against whom the motion is granted must be given thirty (30) days to file an amended pleading. [CCP § 438(h)(2)]
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Answer: Thirty (30) days from the date the Complaint was served on the Defendant. [CCP § 412.20]
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Demurrer: Defendant can demur within the same period of time it has to answer the complaint—i.e., thirty (30) days after service, unless extended by stipulation or court order. [CCP § 430.40(a)]
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Demurrer not sustained as to all causes of action: Unless otherwise ordered by the court, if the demurrer is not sustained as to all causes of action and no amended pleading is filed within the time permitted, defendant has ten (10) days after the deadline for amending to answer or move to strike the remaining causes of action. [CRC 3.1320(j)]
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Demurrer Overruled: If the demurrer is overruled, defendant has ten (10) days to answer or otherwise plead to the remaining causes of action. [CRC 3.1320(j)]
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Response to Amended Complaint: If an amended complaint is filed, defendant must respond to the amended complaint within thirty (30) days after service, unless the court orders otherwise. [CCP § 471.5(a)]
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Motion to Strike: A motion to strike any pleading must be filed “within the time allowed to respond to a pleading”—e.g., thirty (30) days after service of the complaint or cross-complaint unless extended by court order or stipulation. [CCP § 435(b)(1)]
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Motion to strike answer: A plaintiff has ten (10) days after service of an answer to file a demurrer to the answer. [CCP § 435(b)]
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Demurrer to answer (or answer to cross-complaint): Plaintiff can demur to defendant's answer within ten (10) days following service of the answer. [CCP § 430.40(b)]
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Propounding by Defendant: Defendant may begin discovery as soon as the case is filed. [CCP § 2030.020]
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Propounding by Plaintiff: Plaintiff can begin discovery ten (10) days after service of the complaint or any time after the defendant files a response. [CCP §2030.020; 2031.020]
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Responding to Discovery: Thirty (30) days (+5 days if questions were mailed or +2 court days* if served electronically.)
*Note - Electronic Service is subject to a stipulation between parties or court order.
Note – It is common practice to request extensions to respond to discovery and extend the deadline to file a motion to compel, which are often granted as a matter of courtesy. However, always keep at least the objections ready.
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Meet and Confer Requirement: Before filing a motion for protective order or to compel further responses, the moving party must have made “a reasonable and good faith attempt at informal resolution”. [CCP §§ 2016.040, 2023.010(i)] Failure to attempt to resolve informally is a basis for sanctions. The attempt need not be made in person; it may be by telephone or even by letter. [CCP § 2023.010(i)]
Note - Meet and Confer is not required where a party has failed to respond within the statutory time limit. The propounding party may move to compel without attempting to meet and confer if the responding party has failed to timely respond to a discovery demand. [CCP § 2030.290(b)]
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Motion to Compel Discovery: Forty-five (45) days after receipt of the discovery responses. [CCP § 2030.300]
Note - CCP § 2030.300(c) states that the time limit for bringing a motion to compel further responses runs from the service of a verified response or supplemental verified response.
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Deposition Notice by Defendant: Defendant may serve any time after the complaint is filed. [CCP § 2025.210]
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Deposition Notice by Plaintiff: Twenty (20) days after service of Complaint. [CCP § 2025.210]
Note – An employer Defendant is not required to produce any of its former officers, directors, managing agents or employees even if they are far more knowledgeable about the matters specified in the deposition notice than its current employees. As a practice, Plaintiff’s Attorneys may make a list of former employer’s employees it seeks to depose and ask opposing counsel about their current status as an employee before issuing notices.
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Deposition Notice with Request for Production of Documents: For parties to the lawsuit –ten (10) days (+5 days if questions were mailed or +2 court days if served electronically) [CCP § 2025.270].
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Deposition Subpoena with Request for Production of Documents: For non-party witnesses- Twenty (20) days (+5 days for mail) [CCP § 2025.270]
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Deposition Objection: A party must “promptly” object at least three (3) calendar days (+5 for mail) before the date of the deposition. [CCP § 2025.410(a)]
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Subpoena to Custodian of Records from Third parties, including Medical records: Must be served on consumer at least fifteen (15) days (+5 days for mailing) before date of production. [CCP § 1985.3(b)(3)]
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Subpoena to Custodian of Records re Former or Subsequent Employers: Must be served at least fifteen (15) days (+5 days for mailing) before date of production. [CCP § 1985.6(b)(2)&(3)]
Note - As a Plaintiff’s Attorney if you believe the subpoenas issued to Plaintiff’s custodian of records are overbroad and/or would invade on Plaintiff’s right to privacy and/or are violative of Plaintiff’s other rights, send out a “DO NOT RELEASE” letter to the custodian of records informing them that you seek to either informally resolve the matter with Defendants or make a formal motion with the Court. Send out the letter as soon as practically possible.
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Discovery Cut-Off Date: Discovery proceedings (with the exclusion of expert lists, and expert depositions) must be “completed” thirty (30) days before the date initially set for trial. [CCP § 2024.020(a)]
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Last Day to Hear Discovery Motions: Discovery motions must be heard no later than fifteen (15) days before the date initially set for trial. [CCP § 2024.020(a)]
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Continuance Of Trial Does Not Reopen Discovery: The thirty (30) day discovery cut-off date and fifteen (15) day cut-off to hear discovery motions are calculated from the first initially set trial date. A continuance of the trial date does not by itself reopen discovery. [CCP § 2024.020(b)]
Note – In case of any stipulation between parties or leave from the court to extend trial deadline, pay attention to whether you also seek to continue discovery or not, accordingly modify the Proposed Order.
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Take a Reservation ID: Check local rules. For example, for LASC and San Diego, motion reservations in all civil matters will be cancelled if motion documents are not submitted within three (3) court days of the date when the reservation was made. Often Courts also require courtesy copies to be submitted before the Judge.
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Motion: Must be served and filed sixteen (16) court days before the hearing date. (+ 5 more calendar days if served by mail or +2 court days if served electronically) [CCP § 1005; CCP § 1010.6]
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Opposition to Motion: Must be filed and served nine (9) court days before hearing. [CCP § 1005].
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Length of Memorandum of Motion/Opposition: Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed fifteen (15) pages. The page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service. [CRC Rule 3.1113(f)]
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Reply to Motion: Five (5) court days before hearing. [CCP § 1005].
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Length of Reply: No reply or closing memorandum may exceed ten (10) pages. [CRC Rule 3.1113(f)]
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Application To File Longer Memorandum: A party may apply to the court ex parte with written notice of the application to the other parties, at least 24 hours before the memorandum is due, state reasons why the argument cannot be made within the page limit. [CRC Rule 3.1113(e)]
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Table of Contents/Authorities: Required for motions over ten (10) pages. [CRC Rule 3.1113(f)]
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Ex Parte Application: Opposing party must be notified by 10:00 A.M. the day before the hearing, absent exceptional circumstances. [CRC Rule 3.1203]
Note - 10:00 a.m. deadline is not definite and please make sure to check local rules and/or standing orders from the Department of the Judge.
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Holidays: If the last day for the opposition and/or reply falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday. [CRC Rule 1.10]
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MOTIONS FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION
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Motion: Seventy-five (75) days before hearing (+10 if outside CA, +20 if outside US) [CCP § 437c(a)].
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Opposition to Motion: Fourteen (14) days before the hearing [CCP § 437c(b)(2)]
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Reply: Five (5) days before hearing. [CCP § 437c(b)(3)]
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Motion Must Be Heard: Thirty (30) days before trial date. [CCP §437c(a)]
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Length of Memorandum of Motion/Opposition: In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed twenty (20) pages.
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Length of Separate Statement: No limit but should include only material facts and not any facts that are not pertinent to the disposition of the motion. CRC Rule 3.1350(d). See, Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 249.
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MOTION FOR NEW TRIAL/ JUDGMENT NOTWITHSTANDING VERDICT (JNOV)
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Notice of Intention to Move For New Trial: Within fifteen (15) days after service of the notice of entry of the order or ruling. [CCP § 1008(a)]
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Memorandum of Points and Authorities: Within ten (10) days after filing notice of intention to move for a new trial. [CRC Rule 3.1600]
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Reply to a Memorandum of Points and Authorities re Motion for New Trial and/or JNOV: Within ten (10) days after filing of Memorandum. [CRC Rule 3.1600]
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The time to file a petition to compel arbitration does not begin until one party refuses to arbitrate. Then the four-year statute of limitations for a written contract begins to run. Parties to an arbitration agreement may set a deadline for commencing arbitration, which may be a defense to its enforcement. Where no deadline for demanding arbitration is specified in the agreement, a reasonable time is allowed. A party who does not demand arbitration within a reasonable time is deemed to have waived the right to arbitration. [Spear v. California State Auto. Ass'n (1992) 2 Cal.4th 1035, 1043]
However, if the parties engage in dilatory tactics and become more deeply involved in the litigation process, the likelihood of the court granting the motion to compel arbitration decreases. This is because as with other contractual rights, arbitration agreement is also subject to waiver. Such waiver may be express or implied from the parties’ conduct. [See CCP § 1281.2; Davis v. Blue Cross of No. Calif. (1979) 25 Cal.3d 418, 425.)]
See the following excerpt from Bower v. Inter-Con Security Systems, Inc. (2014) 232 Cal.App.4th 1035 at p. 1042 (Bower):
“There is no fixed stage in a lawsuit beyond which further litigation waives the right to arbitrate. Rather, the court views the litigation as a whole in determining whether the parties’ conduct is inconsistent with a desire to arbitrate. [(citing Hoover v. American Income Life Ins. Co. (2012) 206 Cal.App.4th 1193 at p. 1204 (Hoover)] Prejudice is a determinative issue. (Id.at p. 1205.) ‘Because of the strong policy favoring arbitration, prejudice typically is found only where the petitioning party has unreasonably delayed seeking arbitration or substantially impaired an opponent’s ability to use the benefits and efficiencies of arbitration. [Citations.] Prejudice is not found where the party opposing arbitration shows only that it incurred court costs and legal expenses in responding to an opponent’s pleadings and motions. [Citation.] Prejudice sufficient for waiver will be found where instead of seeking to compel arbitration, a party proceeds with extensive discovery that is unavailable in arbitration proceedings.’ (Ibid.)”
Bower, 232 Cal.App.4th at p. 1042. (Bold and Italics added.)
In essence, parties may bring a motion to compel arbitration much later after the commencement of the litigation. However, whether the Court would consider the delay as a waiver is to be determined by the Court.
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A party files a motion in limine at the outset of a trial to seek a ruling that would exclude inadmissible evidence before the trial begins, thereby eliminating the need for objections during the trial proceedings.
Rule 3.20(a) of the California Rules of Court, which supersedes local rules regarding pleadings, motions, and document formatting, does not extend to motions in limine because they are considered part of the trial proceedings. There isn't a standardized procedure for attorneys to adhere to concerning the timing of filing, serving, and hearing motions in limine by the court. However, it is best to check the standing orders from the Department of the Judge and/or Local Rules.
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Request Expert Disclosure: Seventy (70) days before trial (or within 10 days of setting trial date, whichever is closer to trial date) [CCP §2034.220]
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Disclosure of Experts: Fifty (50 )days before trial (or 20 days after service of demand, whichever is closer to trial date) [CCP§ 2034.230]
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Supplemental Expert Disclosure: Must be disclosed within twenty (20) days of the Exchange of Expert Witnesses. Supplemental disclosure may only disclose witnesses to cover a subject covered by opponent party’s disclosed witnesses. [CCP§ 2034.280]
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Expert Depositions: May be set “On receipt of an expert witness list from a party.” [CCP§ 2034.410]
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Expert Discovery Cut Off: Fifteen (15) days before original trial date. [CCP §2024.030].
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Last Day for Motions Regarding Experts: Ten (10) days before the original trial date. [CCP §2024.030].
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When Experts Must Provide Documents Before Their Depo: Three (3) business days before a deposition, experts must provide a copy of the documents that they are producing in response to the deposition notice. [CCP§ 2034.415]
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Proposed jury instructions, Proposed verdict forms, Witness and exhibit lists, Statement of any stipulated facts, Trial Brief, Motions in Limine (Motion and Opposition): Check the standing orders from the Department of the Judge and/or Local Rules.
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998 Offers to Compromise: Can be made up until ten (10) days prior to trial. [CCP§ 998].
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Notice to Appear at Trial (to party) [No documents]/1987 Demand: Ten (10) days before trial, send notice with time and place to attorney. [CCP § 1987(b)].
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Notice to Appear at Trial (to party) [With documents]/1987 Demand: Twenty (20) days before trial, send notice with time and place to attorney. [CCP § 1987(c)].
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Objection to Notice to Appear At Trial With Documents – Five (5) days “or any other time period as the court may allow” [CCP § 1987(c)].
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Notice of Appeal: Form APP-002. Sixty (60) days after the superior court clerk serves and/or accompanies by proof of service the Notice of Entry of judgment or a filed-endorsed copy of the judgment; or 180 days after entry of judgment, whichever is earlier. No extension of time. [CRC Rule 8.104] Serve a copy on all parties before filing with the Superior Court, not in the Court of Appeal.
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Extending the time to appeal: If any party serves and files a valid notice of intention to move for a new trial, and the motion for a new trial is denied, the time to appeal from the judgment is extended for all parties for thirty (30) days and/or 180 days after entry of judgment, which is earlier. [CRC Rule 8.108] Serve a copy on all parties before filing with the Superior Court, not in the Court of Appeal.
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Appellant’s Notice Designating Record on Appeal -Form APP-003 – Within ten (10) days from the filing of the Notice of Appeal. [CRC Rule 8.121] Serve a copy on all parties before filing with the Superior Court, not in the Court of Appeal.
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Respondent’s Notice Designating Record on Appeal: Form APP-010- Within ten (10) days after the Appellant files its Designation of Record on Appeal. The respondent is not required to designate the record on appeal. However, the respondent may choose to designate the record on appeal to include information that the appellant did not designate in the record on appeal. Serve a copy on all parties before filing with the Superior Court, not in the Court of Appeal.
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Respondent’s Notice Electing to Use an Appendix: Form APP-011- Within ten (10) days from the filing of the Notice of Appeal. [CRC Rule 8.124(a)(B)] Serve a copy on all parties before filing with the Superior Court, not in the Court of Appeal.
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Civil Case Information Statement: Form APP-004 - Within fifteen (15) days after the superior court clerk mails the notification of the filing of Notice of Appeal. [CRC Rule 8.100(g)] The respondent is not required to file this form. Serve a copy on all parties before filing with the clerk of the Court of Appeal. Appellant must attach a copy of the judgment or order being appealed that shows the date it was entered with the Civil Case Information Statement.
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Certificate of Interested Entities or Persons: Form APP-008. Both the appellant and respondent are required to file form APP-008 the first time they file a motion, an application, or an opposition to a motion with the Court of Appeal. Both the appellant and respondent must also file Form App-008 when they file the Opening Brief and Respondent’s Brief. [CRC Rule 8.208]
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Opening Brief: Check the Court of Appeal Docket. Generally, forty (40) days after the Court of Appeal sends notice of the filing of the record on appeal. If the appellant prepares an appendix and does not request a reporter’s transcript, then the appellant has 70 days from the date they file the election to proceed by Appendix (Rule 8.124 election) in the trial court.
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Respondent’s Brief: Check the Court of Appeal Docket. Generally, within thirty (30) days after the appellant files the opening brief.
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Reply Brief: Check the Court of Appeal Docket. Generally, within twenty (20) days after the respondent’s brief is filed.
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Oral Argument: Check the Court of Appeal Docket. Scheduled by the Court of Appeal.
Note: Stay alert for communications from the clerk and frequently monitor the case docket in the Superior Court as well as the Court of Appeal, to ensure that you do not miss any deadline. Make sure all fees are paid and documents are timely filed.
In case you miss a deadline for Civil Case Information Statement [CRC Rule 8.100(g)(1)] or an Opening or Respondent’s Brief [CRC Rule 8.220(a)], you will receive a notification from the reviewing court clerk that the appellant must file the statement and/or the brief within 15 days. You may also receive notifications from the reviewing court clerk in case of errors in your Appellant’s Notice Designating Record on Appeal or other filings, typically with deadlines to address them.
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Disclaimer: This page does not provide legal advice, and there is no assurance that this information is accurate or current. If you require legal advice, it is recommended to consult with a lawyer. Feel free to contact us for any questions.