Checklist: Summary Judgment Motion Deadlines

Summary judgment and summary adjudication motions are the most difficult and time-consuming motions that can be filed with the court. Use this checklist to make sure that you meet the key deadlines.

__   1.  Latest Date to Request Hearing Date and Hear Motion

__   a.  Make a request to set a hearing date at least 105 days before the trial date (75 days notice plus 30 days before trial date).

CAUTION: If the matter will be heard in counties that schedule law and motion calendars for certain days of the week, make sure to coordinate with the court clerk to schedule the motion hearing on a day during which law and motion matters will be heard. This may result in a longer period of time than the shortest time specified above.

__   b.  Motion must be heard no later than 30 days before trial date.

__   2.  Filing Moving Papers

__   a.  First day to file:

__   i.  Any time after 60 days have elapsed from the general appearance of the party against whom the motion is directed; or

__   ii.  At an earlier time after the party’s general appearance if the court orders, for good cause shown.

__   b.  Last day to file: 75 days before hearing date.

__   c.  Last day to serve:

__   i.  75 days before the hearing date if personally served;

__  ii.  77 days before the hearing date if served by fax, express mail, or another overnight delivery service.

__   iii.  80 days before the hearing date if served by mail within California;

__   iv.  85 days before the hearing date if served by mail to address outside of California but within the United States;

__   v.  95 days before the hearing date if served by mail to address outside of the United States; or

__   d.  If requesting summary adjudication under CCP §437c(t):

__   i.  Reach stipulation with all parties against whom the motion is directed and obtain declarations from all concerned that the motion will promote judicial economy by decreasing trial time or significantly increasing the likelihood of settlement;

__   ii.  Submit joint stipulation with declarations and move court to permit parties to file a motion for summary adjudication under CCP §437c(t);

__   iii.  Within 15 days after the court receives joint stipulation and declarations (absent good cause for extending the time), the court will notify the parties whether the motion may be filed; and

__   iv.  If the court permits the motion, comply with the deadlines set out above to request a hearing and file moving papers.

__   3.  Filing Opposition Papers

__   a.  Must be filed and served 14 calendar days before hearing.

__   4.  Filing Reply Papers

__   a.  Must be filed and served 5 calendar days before the hearing.

__   5.  Requesting a Continuance

__   a.  Must be requested no later than 14 days before hearing, but better practice is to request continuance as soon as practicable.

__   6.  Latest Date to Hear Motion

__   a.  Motion must be heard no later than 30 days before trial date.

Get guidance on these deadline requirements, as well as planning strategies, in CEB’s California Summary Judgment, chap 3.  For an overview of bringing and opposing summary judgment motions, including what to do and when to do it, check out CEB’s program An Introduction to Summary Judgment Motions.

Other CEBblog™ posts you may find useful:

© The Regents of the University of California, 2018. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

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