For those of you that have found timing the service of motions a bit confusing, you're not alone. For example, currently, a motion must be served by mail at least 16 court days and five additional calendar days before the hearing date. So, do you count these days backwards from the hearing date? Do you count the days forward from the service date? Do you count the court or the calendar days first? There is an anticipated solution effective January 2011: California Code of Civil Procedure Section 12c.
This section is expected to indicate that, to calculate the appropriate notice period for a motion, one must count backwards from the hearing date, beginning with the motion timeframe (i.e., the court days), followed by the additional time for the method of service chosen (i.e., the calendar days).