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Important Update for Calendaring of Deadlines

A few months ago, we discussed calendaring of deadlines pursuant to Code of Civil Procedure section 12. Here is an update to that article, with credit to Barbara Haubrich, ACP, publisher of the online newsletter The California Litigator:

12c is a new addition to the California Code of Civil Procedure and becomes effective January 1, 2011. CCP 12c is a result of AB-2119. This is very important development in litigation because it does change the way we “count” the deadlines on hearing related matters. Here is AB-2119:

“LEGISLATIVE COUNSEL’S DIGEST: AB-2119, Tran.

Civil procedure: deadlines: computation. Existing law specifies procedural rules applicable to civil litigation, including requiring the performance of specified actions to be completed within a specified number of days before a hearing.

This bill would provide that the determination of the specified number of days prior to the hearing would be determined by counting backward from the date of the scheduled hearing and would exclude the date of the hearing.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 12c is added to the Code of Civil Procedure, to read:

12c. (a) Where any law requires an act to be performed no later than a specified number of days before a hearing date, the last day to perform that act shall be determined by counting backward from the hearing date, excluding the day of the hearing as provided by Section 12.

(b) Any additional days added to the specified number of days because of a particular method of service shall be computed by counting backward from the day determined in according with subdivision (a).”

Leslie A. Donahue                           Ellen J. Sheffer                      ldonahue@carnaclaw.com             esheffer@carnaclaw.com