Default Request Date Clarification

Summary

In California, when requesting a default using form CIV-100, the date in section 1.A should be the original complaint date unless amended. Defendants have 30 days to respond to an amended complaint under CCP § 471.5. Extensions beyond 30 days are not automatic and require a court motion. Discovery requests can be reserved for later stages by agreement or court order and may become moot if the underlying issue is resolved.

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Can CIV * form * b write electronic service as requested by defendant?
In form CIV-*, section 6b allows you to specify how the defendant was served. If the defendant has requested or agreed to electronic service, you can indicate that in this section. Make sure you have documentation or agreement from the defendant regarding the electronic service method.
In California unlimited court case, How Does Defendant get automatic extension when plaintiff files first amendment to complaint?
In California, when a plaintiff files an amended complaint, the defendant typically gets an automatic extension to respond. Here’s how it generally works:
- Automatic Extension: The defendant usually has 30 days from the date of service of the amended complaint to file a responsive pleading.
- Service Method: The time to respond may vary depending on how the amended complaint was served (e.g., mail, electronic service).
- Court Order: If necessary, the defendant can request a further extension from the court.
Would you like to know more about how to file for an extension if needed?
In California unlimited court case, which law permits defendant file automatic extension when plaintiff files first amendment to complaint?
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In California, the automatic extension for a defendant to respond to an amended complaint is generally governed by the California Code of Civil Procedure (CCP). Specifically, CCP § *.* provides that a defendant has 30 days from the date of service of the amended complaint to file a responsive pleading. If you need more information on filing for an extension, just let me know!
In California unlimited court case, which law permits defendant to file automatic extension of 30 days to 60 days from the date of service of the amended complaint to when plaintiff files first amendment to complaint?
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In California, the law that governs the time for a defendant to respond to an amended complaint is the California Code of Civil Procedure (CCP) § *.*. This section provides for a *-day period to respond after service. For an extension beyond this, a defendant typically needs to request additional time from the court, which is not automatically granted. Would you like more information on how to request an extension from the court?
how does defendant request additional time from the court?
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To request additional time from the court in New York, the defendant should file a motion for an extension of time. This involves:
- Drafting a motion explaining the reasons for the extension.
- Filing the motion with the court before the deadline.
- Serving a copy to the plaintiff.
Would you like more details on drafting or filing the motion?
In California unlimited court case, which law or procedure permits defendant to file automatic extension of 30 days to 60 days from the date of service of the amended complaint to when plaintiff files first amendment to complaint?
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In California, the automatic extension for a defendant to respond to an amended complaint is governed by the California Code of Civil Procedure (CCP) § *.*, which provides a *-day period. For an extension beyond 30 days, a defendant must request additional time from the court; such extensions are not automatic. Would you like more details on how to draft or file a motion for an extension?
In California unlimited court case, what's the procedure for motion for an extension which permits defendant to file automatic extension of 30 days to 60 days from the date of service of the amended complaint to when plaintiff files first amendment to complaint?
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To request an extension beyond the automatic 30 days in a California unlimited court case, follow these steps:
- Draft a Motion: Explain the reasons for needing more time.
- File the Motion: Submit it to the court before your deadline.
- Serve the Plaintiff: Provide a copy to the plaintiff.
Do you need more information on drafting the motion?
In California unlimited court case, Does the motion for an extension has hearing for permitting defendant to file automatic extension of 30 days to 60 days from the date of service of the amended complaint to when plaintiff files first amendment to complaint?
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In a California unlimited court case, a motion for an extension may lead to a hearing if the court deems it necessary. It's not automatically set for a hearing. The court will decide based on the motion's content and the plaintiff's response.
Is there anything else you'd like to know about this process?
Can discovery request be reserved?
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In New York, discovery requests are typically made during the discovery phase of a lawsuit. However, parties can agree to reserve certain discovery requests for later stages of litigation. If you have specific concerns about reserving discovery requests, consulting with a legal professional may be beneficial.
Do you have a specific situation or concern regarding discovery in your case?
In california unlimited suite Can discovery request be reserved?
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In California, discovery requests are typically made during the discovery phase, but parties can agree to reserve certain requests for later. This is usually done through mutual agreement or court order. If you have specific concerns, consulting with a legal professional might be helpful. Do you have a particular situation you'd like to discuss further?
In California unlimited suite Can discovery requests be reserved?
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In California unlimited civil cases, discovery requests can be reserved for later stages if both parties agree or through a court order. This might occur when it's strategic to delay certain discovery until more information is available. Do you have a specific situation or concern regarding your discovery timeline?
In California unlimited suite Can discovery requests be moot?
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In California unlimited civil cases, discovery requests can become moot if the underlying issue they address is resolved or rendered irrelevant. This might occur if the case is settled, dismissed, or a ruling makes the discovery unnecessary. Is there a specific context or situation you're dealing with regarding moot discovery requests?
In California how often relief from discovery deadline is granted when defendant missed deadline to respond?
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In California, relief from discovery deadlines when a defendant misses the deadline to respond is not automatically granted. It usually requires filing a motion with the court, explaining the reasons for missing the deadline and requesting an extension. Whether relief is granted depends on the court's discretion and the circumstances of the case.
Can you share more details about why the deadline was missed, or are you facing any specific challenges with your case?
What is California Unlimited court trial appeal for motion for relief fees?
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In California, the fees for filing a motion for relief or appeal in an unlimited civil case can vary based on the specific motion or appeal type. Generally:
- Filing fees for motions may range from $* to $*.
- Appeals in unlimited cases can be significantly higher, often exceeding $*.
To get the exact fee, it's best to consult the local court's fee schedule or contact the court directly. Is there anything else you'd like to know about this process?
What is California Unlimited court how to appeal motion for relief, which form is used, how much is fees?
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In California, appealing a motion for relief in an unlimited civil case involves the following:
- Form: Generally, a Notice of Appeal form is used. Check your local court's website for specific forms.
- Fees: Appeal fees can exceed $*. Check the court's fee schedule for exact amounts.
- Process: File the notice of appeal, pay the fees, and serve the opposing party.
Would you like more details on the appeal process or specific forms?
What is California Unlimited court how to appeal Minute Order of motion for relief, which form is used, how much is fees?
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In a California unlimited civil case, appealing a Minute Order of a motion for relief involves:
- Form: Typically, a Notice of Appeal is used. Check with your local court for any specific forms.
- Fees: Appeal fees often exceed $*. Verify the exact fees with the court's fee schedule.
- Process: File the notice of appeal, pay the required fees, and serve the opposing party.
Do you need more information on any part of this process?
What is California Unlimited court how to file a motion to set aside Minute Order of motion for relief, which form is used, how much is fees?
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In a California unlimited civil case, to file a motion to set aside a Minute Order of a motion for relief, follow these steps:
- Form: There's no specific form; you'll draft a written motion.
- Fees: Typically ranges from $* to $*.
- Process: Draft the motion, file it with the court, and serve the opposing party.
If you need more specific guidance, consulting with a legal professional might be beneficial.
What is California Unlimited court how to file a order to set aside Minute Order of motion for relief, which form is used, how much is fees?
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In a California unlimited civil case, to file an order to set aside a Minute Order of a motion for relief, consider the following:
- Form: No specific form is designated; you'll need to draft a written motion.
- Fees: Typically range from $* to $*.
- Process: Draft the motion, file it with the court, and serve the opposing party.
If you need more detailed guidance on drafting the motion or understanding the process, consulting with a legal professional might be helpful.
Can a defendant file an automatic date extension after receiving first amended complaint?
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In New York, a defendant does not automatically receive an extension simply by receiving a first amended complaint. The defendant typically has to respond within the time frame set by the rules, often * to 30 days after service. Extensions usually require a stipulation with the plaintiff or a court order.
Do you have any specific concerns about responding to an amended complaint?
In California Can a defendant file an automatic date extension after receiving first amended complaint?
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In California, a defendant generally has 30 days to respond to a first amended complaint, as per the California Code of Civil Procedure § *.*. This period is considered automatic. To extend beyond 30 days, the defendant must request additional time from the court, as extensions beyond this period are not automatic.
Is there any other aspect of the process you'd like to understand better or need more information on?
In California Can a defendant file an automatic response date extension after receiving first amended complaint?
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In California, a defendant automatically has 30 days to respond to a first amended complaint under California Code of Civil Procedure § *.*. To get an extension beyond those 30 days, the defendant must request it from the court. This extension is not automatic. Do you need more details on filing such a request?
In California Can a defendant file an automatic response date extension after receiving first amended complaint because complaint has * cause of action?
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In California, the fact that a complaint has * causes of action does not automatically grant the defendant an extension to respond. The defendant still has 30 days to respond under California Code of Civil Procedure § *.*. If more time is needed due to the complexity, the defendant should file a motion with the court to request an extension. Would you like more information on how to file this request?
In California how many days does Plaintiff have to serve the restraining order?
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In California, once a temporary restraining order (TRO) is issued, it must typically be served on the defendant at least 5 days before the hearing date for the permanent order, unless the court specifies a different time frame. Are there any specific details or concerns you'd like to discuss regarding restraining orders?
In California how many days does Plaintiff have to serve the civil harassment restraining order?
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In California, once a civil harassment restraining order is issued, it must be served on the defendant at least 5 days before the hearing for the permanent order, unless the court orders otherwise. Do you have any specific questions or concerns about the restraining order process?
in California what's the page limit for Motion to Compel?
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In California, a Motion to Compel is generally limited to * pages of text, not including exhibits or declarations. If you have specific questions about your case or need guidance on filing, feel free to ask!