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2014 California Rules of Court

Rule 3.1300. Time for filing and service of motion papers

(a) In general

Unless otherwise ordered or specifically provided by law, all moving and supporting papers must be served and filed in accordance with Code of Civil Procedure section 1005.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2000.)

(b) Order shortening time

The court, on its own motion or on application for an order shortening time supported by a declaration showing good cause, may prescribe shorter times for the filing and service of papers than the times specified in Code of Civil Procedure section 1005.

(Subd (b) adopted effective January 1, 2000.)

(c) Time for filing proof of service

Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.

(Subd (c) amended effective January 1, 2007; adopted as subd (b); previously relettered effective January 1, 2000.)

(d) Filing of late papers

No paper may be rejected for filing on the ground that it was untimely submitted for filing. If the court, in its discretion, refuses to consider a late filed paper, the minutes or order must so indicate.

(Subd (d) amended effective January 1, 2007; adopted as subd (c) effective January 1, 1992; previously amended and relettered effective January 1, 2000.)

(e) Computation of time

A paper submitted before the close of the clerk's office to the public on the day the paper is due is deemed timely filed.

(Subd (e) relettered effective January 1, 2000; adopted as subd (d) effective January 1, 1992.)

Rule 3.1300 amended and renumbered effective January 1, 2007; adopted as rule 317 effective January 1, 1984; previously amended effective January 1, 1992, and January 1, 2000.

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