CCP 437c uses its own summary judgment schedule. The current statute requires at least 81 days’ notice and supporting papers before the hearing, with specified additions for certain service methods. The hearing generally must occur at least 30 days before trial unless good cause supports a different order. Do not use the ordinary 16-court-day motion schedule or an old 75-day template.
Documents and facts to assemble
- The CCP 437c schedule, service method, and trial date
- The hearing reservation and complete moving evidence and separate statement
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 437c
- 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.
