For an ordinary motion governed by CCP 1005, opposition papers are generally due nine court days before the hearing unless otherwise ordered or provided by law. Count court days and check holidays. The opposition should respond to the relief and evidence actually presented. Separate filing timing from the delivery requirements that apply when serving the opposition.
Documents and facts to assemble
- The moving papers and hearing date
- The opposition filing calculation and compliant service plan
How this fits an injury lawsuit
A motion hearing is governed by the particular statute, the California Rules of Court, and the court’s scheduling instructions. Ordinary noticed motions commonly use CCP 1005, but summary judgment has its own schedule under CCP 437c. A reserved hearing date does not extend a deadline to bring the motion. Supporting declarations should explain the facts and authenticate exhibits where needed. Filing, service, courtesy-copy delivery, and any request for oral argument are separate tasks. The documents should state the precise relief sought and give the court a usable record for deciding it.
Practical checklist
- Confirm the governing motion statute before using a notice-period calculator.
- Check reservation, filing, service, courtesy-copy, tentative-ruling, and appearance instructions.
- Prepare the notice, motion, memorandum, necessary declarations and exhibits, and proposed order when required.
Deadline and local-rule check
Identify the event that starts the deadline, whether the rule uses calendar days or court days, the legally effective service method, and any written extension or court order. Read the applicable statute before adding time for service. Check the county’s current civil rules and the assigned department’s instructions for filing, delivery, reservation, and appearance requirements. A filing receipt or hearing reservation alone does not show that every required step has been completed.
Official forms and authorities
- CCP 1005: ordinary motion notice
- Rule 3.1112: motion papers
- Rule 3.1308: tentative rulings
- California civil rules index
This guide concerns auto accidents and similar personal injury actions in California state court. It does not supply a case-specific deadline calculation or a federal court procedure.
