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Counting the 45 days to file a motion to compel

Business 4 views 2 answers
The 45th day to file the motion to complel futher responses to discovery falls on a sunday. Can i file on the following monday which will be the 46th day or do i have to file early on friday which will be the 43rd day? This is a civil case.

Attorney Answers

2
Frank Chen ·
Yes, if the 45th day falls in a weekend or a holiday, you can file and serve the motion to compel further on the next court day. Also, keep in mind that if the discovery responses were served to you by MAIL, you get an extra FIVE calendar days to file your motion to compel further responses. See Code of Civil Procedure section 1013.
0 upvotes
Atousa Saei ·
Short answer: yes.
0 upvotes

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