If other defendants are later added, those actions will have a different date of commencement.Īn action is “brought to trial” when the jury is sworn in a jury trial, or when the first witness is sworn in a non-jury trial. An action “commences” on the date the original complaint is filed with the court against the defendant. Under CCP § 583.310, an action must be brought to trial within five years after it is commenced against the defendant. Additionally, requiring cases to be brought to trial within a set time period ensures that cases do not drag on, leaving issues undecided indefinitely. The law creates these time limits to ensure that cases are brought to trial before evidence is lost or destroyed, and while witness memories are still reliable. Review the Tentative Ruling and Notify Court and Opponent if You Wish to AppearĬalifornia Code of Civil Procedure (CCP) §§ 583.310-583.360 set time periods in which a plaintiff must bring an action to trial.Opposition Papers and Your Optional Reply Papers.File Your Motion in the Law and Motion Department.Have the Motion Served and Attach the Proof of Service to Remaining Copies.Determine the legal deadline to serve the motion on the other parties or their attorneys.Determine the legal deadline to file the motion in court.Determine the department and time of the motion.Reserve Your Hearing Date and Determine Deadlines for Filing and Serving.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |