What is the notice requirement for filing a SERNA motion in CA?

Criminal Defense 6 views 4 answers
How many days before the hearing must all parties be served with copies of the motion?

Attorney Answers

4
Dmitry Gorin ·
Agree with my colleagues. It should be filed 10 days before the hearing.
0 upvotes
Gayle Gutekunst ·
Here is the language of Rule 4.111: all pretrial motions, accompanied by a memorandum, must be served and filed at least 10 court days, all papers opposing the motion at least 5 court days, and all reply papers at least 2 court days before the time appointed for hearing. Proof of service of the moving papers must be filed no later than 5 court days before the time appointed for hearing. This means COURT, not calendar, days. Also, you have to file the proof of service no later than 5 COURT days before the hearing.
0 upvotes
John Rogers ·
A serna motion can be brought on the spot orally without notice. HOWEVER, it's best to file a points and authorities 10 court days in advance.
0 upvotes

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