Errors related to the calendar, with the & # 39 are the main cause of lawsuits for breach of their duties, particularly in California, where the timing comes from several sources, including the Code of Civil Procedure, California court rules and local rules. Typically, a single calculation period requires the use of several codes and regulations. The only mistake, for example, to use the old rule: forgetting to add extra time, based on the method of service (or add extra time if you do not), counting calendar days instead of days trial, no holidays, or just wear accounts, will result in a calendar error.
I can not stress enough the importance of using the computer & # 39; yuteryzavanay calendar program for the calculation of deadlines. Under computer & # 39; yuteryzavanym calendar I do not mean that you have to manually calculate the time and make it to the calendar on your computer, or you use an electronic calendar, which will help you calculate the date that is five days before or after the date. I mean computer & # 39; yuteryzavany calendar based on the rules, for example, Deadlines On Demand or Law Abacus. With these programs, you simply enter the "event", and they are automatically calculated for you as possible in accordance with applicable codes and regulations.
Even when someone & # 39; yuteryzavanym calendars based on the rules, however, you need to know how the calendar manually. What if you need something a calendar, if your computer is down or unavailable? What to do if your computer is running in full, but you do not know enough to say that something needs a calendar? You need to know the stages of the calendar.
Step 1: Determine the start
"Event" – all that causes one or more terms. Zapuskayuchay event may be feeding a document, presentation or document with & # 39; appearance. For example: filing a complaint, filing a complaint, the default input, the answer to the complaint, consideration of the interrogation, supply dopytnyh said hearing date, the date of dismissal, settlement, etc. with the court and / or serve against a lawyer, and all that you offer, including messages from the court, due to the events of the initiative, that is, something needs to be done in the calendar.
Step 2: Determine what caused
Once you find out that there was an event, you need to determine what has been provoked. For example: filing a complaint to the respondent starts feeding period and provides proof of service of the summons, complaints Launches deadline for response by the respondent, the hearing on the application launches and the deadline for delivery of the notice of motion, the opposition and the answer. Sometimes run dates that are less obvious. Computer & # 39; yuteryzavany calendar-based rules can detect the timing that you would not have thought of yourself. For example, complaints and launches the final day for the plaintiff to challenge the judge intended the case, the last day of holding a conference on business management, the first day to make the defendant an application for adjudication, the last day brings a lawsuit to the court.
Step 3. Determine the current codes and regulations that apply to deadlines
Once you have determined that due to, you need to define the codes and rules governing the applicable deadlines. It is not enough to identify the correct section of code or number of the rule; you should be sure apply the current term in the section with the code or rule. In California, codes and rules & # 39 are "moving targets." One that you will remember in the last year or the year before, it may be different today. This is another advantage of programmable rules-based calendar programs – they are updated to the current application partition and code regulations.
Step 4: Right to use these codes and rules
This is the hardest part. This requires several steps that must be completed in order and carefully. It includes a definition of what is considered, according to, and then the actual calculation in accordance with certain very specific rules. Again, based on the rules of computer & # 39; yuteryzavanyya calendar programs do it all instantly.
Step 4A: Define the terms for each period provoked
Counting deadline for response to the complaint, you must know that the relevant period starts from the date of entry into service (and you should know how to determine the effective date). In calculating the deadline for submission of responses to written discovery, you should know that the relevant period begins with the opening of the filing date and end date of the filing of responses.
Once you have determined the period of time, I think, you need to know exactly how to count the days in that period.
Step 4B: Determine the date from which to start counting and the date on which the stop is considered
C.C.P. Paragraph 12 states: "The time in which needs to be done, any act provided by law, is calculated excluding the first day, including the latest, when the last day is not a & # 39 is a holiday, then it is also excluded." Thus, if the interrogation serviced 1 April (date, according to the service they were mailed, faxed, etc.) to calculate the 30-day response time you start counting from April 2, as the first day, April 3, the second day, and continues to believe, until you get to the 30th day, May 1. While questioning awarded personally and until May 1 not to & # 39 is a weekend or holiday, the deadline for responses – 1 May.
Step 4B (1): count or skip the intermediate output and Californian holidays
In order to draw up a calendar, you must know whether it is necessary to consider whether or not to skip weekends and holidays California, which occur at the appropriate time. It depends on whether you should be considered a "calendar days" or "court days". In this regard, if the code or rule is not installed "court days", as is the case with reports of petitions, appeals and responses in accordance with C.C.P. § 1005 (b) you must count calendar days. Thus, "five days" means "five calendar days".
Of course, you can not count the days of the court, if you do not break in the court in which your case is pending. You must be very careful to use a calendar that shows California holidays. In addition to the federal holidays California celebrates Lincoln's Birthday (Feb. 12), Cesar Chavez Day (31 March) and the day after Thanksgiving. In the period from September 1, 2009 to June 30, 2010 California courts have also been closed on the third Wednesday of each month, and these days are considered holidays in the calendar view.
Step 4B (2): Determine the last day – engaged weekends, holidays and extra time
When calculating the last day to complete the action caused by the presentation of a document (for example, on the last day to respond to the discovery request, the last day to make a move to get more answers to identify), you should consider how to document provoked a term originated. If his personal service, there is a single procedure; if that person has not occurred, it is necessary to take additional measures. In any case, you need to know what happens when the last day is a land on a holiday, and you need to know how to identify the "last day".
C.C.P. § 12a (a) provides: "If the last day for the performance of any act provided for or required by law, will be executed at a certain time, with the & # 39 is a holiday, the period is extended to the next day, including the day, not a holiday . "" holiday "includes all Californian holidays and weekends. So, if the last day is Saturday, will be extended until Monday, while it is not a holiday. If Monday is a holiday, the period is extended until Tuesday.
(A) To adjust the personal service, if the last day falls on a weekend or in California
If the 30th day after the interrogations were personally served, this Saturday, is the "last day" under C.C.P. § 12a (a). Since the last day with a & # 39 is output, the extension period is transferred to the next day of the trial, on Monday (if not holiday).
(B) To obtain the document, which is not submitted in person, first add the appropriate time, to determine the last day, and then adjust, if the last day falls on a weekend or in California
As a rule, the documents may be given in person (also called services "by hand" or "hand delivery") by mail, express mail or delivered at night (PDAs, §§ 1011, 1013), and so long as the recipient has agreed to service these ways, the service can usually be carried out by fax (the CRC, rule 2.306) or in electronic form (item CCP 1010.6 (a) (6) and the CPC, a rule 2.260). Each method, besides delivering hand, is associated with an increase in time.
This extension of time provided because, for the most part, timing and deadlines of applications are beginning to work with the date of service of documents, rather than from the date of receipt of the enemy. For example, responses to interrogations occur within 30 days after service. petition for compulsory further responses must be filed within 45 days after the filing of responses to interrogations; deposition can be taken ten days after service of the notice of acceptance of the sediment; the application may be considered after 16 days after the notice is given.
Any method other than the personal service, will delay between the service and the actual act of obtaining the document. In this connection, the mail service is considered complete after the deposit of USPS (C.C.P. § 1013 (a)) mailbox, but the documents do not arrive in the mail recipient within a few days. Service by fax is considered complete after the transfer of the entire document to a fax machine of the recipient (CCP § 1013 (e) and the CPC, a rule 2.306 (d)), but this does not mean that the document will be in the hands of the recipient assigned to this day. The document filed in electronic form is considered complete after its transmission (C.C.P. § 1010.6 (a) (6)), but it can remain unlocked in the recipient's mailbox for hours rather than days.
To avoid any inherent bias in delayed receipt of the document, depending on the type of the document and its method of delivery added different terms. These time periods are C.C.P. §§1013, 1005 (b), and 1010.6. Note: According to its own conditions, these partitions with the codes do not always apply! Fortunately, the calendar application on the basis of the rules know if there are any, and if not.
Expansion of service by mail under C.C.P. § 1013 and 1005 (b)
Add five days for service by mail the person in California; Ten days outside of California, but in the United States and twenty days outside of the US. This extension will apply to the period of notice of the deposits, the hearing of the petitions, as well as the time to respond or act in a certain time period.
Extensions to fax / overnight / express mail for C.C.P. § 1013 and 1005 (b)
C.C.P. §1013 adds two court days; C.C.P. § 1005 (b) (for traffic) adds two calendar days. This extension will apply to the period of notice of the deposits, the hearing of petitions, as well as the time to respond or act in a certain time period. This two court days over the two days with a difference & # 39 is a failure, which seems to cause the error. It is easy to forget what time you need to add. Sometimes the result is the same, for example, if the following two days are not output everyday life, it is at the same time and the calendar days and court days. However, if one or both of the following two days fall on a weekend or a holiday, there is a possibility for error.
Extensions for electronic services
C.C.P. § 1010.6 adds two court days to notice periods and the response time of an action.
Here's how these provisions will extend the time for which you need to respond to the interrogations, depending on how they are served: service by post to the party in California – five extra days; fax service, overnight delivery or courier service – two additional courts; service e-service – two additional courts.
If the extension applied to the notice of the motion, the period of the mail service would be extended to five days; fax, delivery overnight or express mail will prolong for two days; and electronic service would be extended to two days judicial term.
It was at this point in the course of the calendar you grant additional days. It is essential that you know where to add them.
Rule of thumb
In determining the answer to the last day of a document that was not personally sent, the "last day" is determined by counting the number of days allocated in accordance with the head of a code or rule, and then immediately exert appropriate extension of time. For example, if the Saturday, November 14, with the & # 39 is the 30th day after the service by post interrogations to determine the "last day", you just keep counting until you reach 35 days, on 19 November. You do not make any adjustments that 30th day was the Sabbath, because it is not "the last day". If Saturday, November 14, with the & # 39 is the 30th day after service survey by fax, to determine the "last day" you just keep counting the two court days, until Tuesday, 17 November. You do not make any adjustments that 30th day was the Sabbath, because it is not "the last day".
Another rule of thumb
When in doubt, give their answers before then, and go wrong, if you will communicate more than less.
As you can see, at best, difficult to scroll through the calendar maze California state court. It is definitely easier with experience, and simple calculations can become almost second nature. However, given the constant changes in codes and regulations, the potential for human error at each step and the terrible results of the missed deadline, you must use a computer & # 39; yuteryzavany calendar based on the rules.