What is the name of your state (only U.S. law)? California
I am filing a demurrer in an answer to a complaint. Calif. superior court, unlimited civil.
How long do I need to "give" for the Plaintiff's time to respond, etc. when scheduling the hearing date? I know the plaintiff has to answer 9 days prior to hearing date, but not sure--and couldn't find in Court Rules--how much "lead time" I have to schedule.
Thanks
What California superior court is your case being heard in, 750Chestnut? I can't remember if you mentioned this before.
Almost all courts have websites now, and most will have "self-help" areas for those who are representing themselves. You can often find answers to your questions there, or there is generally a number to call where you can ask a question about hearing dates and times.
It is my
understanding that hearings on demurrers must be scheduled within 35 days after the date of filing, and the notice to the opposing party must be provided 16 days prior to the hearing date (add 5 days if you notify by mail). That said, courts will vary in how they schedule hearings on motions (reserving particular days of the week and/or times), and some judges require you reserve a date and time in advance while others don't. It will be important for you to check with your court to find out the rules particular to that court, and your judge, that you will need to abide by.
Here are a couple of links that may be helpful to you. One is from Fresno that I am including only because I don't know where in California you are located.
http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1320
http://www.fresno.courts.ca.gov/civil/faq.php
Please verify all information with the court that is hearing your case. Good luck.
