

- #Time to file demurrer to amended complaint form how to
- #Time to file demurrer to amended complaint form code
If you do not file a response within 30 days after you were served, the plaintiff can file a form called "Request for Default," which means you have defaulted and can no longer respond to the lawsuit to defend yourself. Options When You Are Sued YOU CAN NOT RESPOND: Send a fax or a letter to the law firm confirming the information you are given. You can find out by calling the plaintiff’s lawyer and asking how the process server claims you were served and also what date your response is due. BUT before you count on these extra 10 days, make sure the plaintiff’s proof of service says you were substitute served and not personally served. If you were served by substituted service, meaning the Summons and Complaint were given to someone else in your household or your place of work, and another copy was mailed to you, you have 40 days from the date of the mailing to file your response. If the last day falls on a day that the court is closed, you have until the next day that the court is open.

The 30 days include weekend days and court holidays. Generally, you have 30 days AFTER the date you are served to file a response with the court.

The party suing you is called the plaintiff.
#Time to file demurrer to amended complaint form how to
This is a really good time to talk to a lawyer for advice on whether to respond and, if so, how to best handle your case. If you were served with a Petition, the information below does not apply. If you choose to respond, you then have to decide how. Once you are served with a lawsuit (called a Summons and Complaint) you need to decide whether you are going to respond to the lawsuit. In addition to the Self-Help Centers, if you need access to a computer to eFile, you can find public computers at most public libraries and at the Public Law Library. Any electronically filed document received by the Court on or after midnight will be file stamped on the next court day. The document is “filed” at the date and time it is received by the court and the confirmation of receipt is created.
#Time to file demurrer to amended complaint form code
Self-represented parties are exempt from the mandatory electronic filing requirement set forth in Orange County Superior Court Local Rules 352, but are strongly encouraged to participate voluntarily in electronic filing and service.Įlectronically filed documents subject to the mandatory electronic filing requirements in civil limited, unlimited, and complex actions can be filed until midnight on the day that the filing is due, and will be considered timely pursuant to Code of Civil Procedure section 1010.6 subdivision (d)(1)(D). Pursuant to section 1010.6 of the Code of Civil Procedure, rule 2.253(b)(2) of the California Rules of Court, Orange County Superior Court Rule 352, and Administrative Order 13/03, all documents filed by attorneys in limited, unlimited, and complex civil actions must be filed electronically unless the Court rules otherwise. eFiling:ĭocuments may be electronically filed (eFiled). If you have been served with an Unlawful Detainer (eviction) lawsuit, go to the Landlord/Tenant section of this website. This section pertains to lawsuits other than Unlawful Detainers.
