FAQ - Overview - Special Characters in LawToolBox Deadlines

(I) ALTERNATE DEADLINES (choose between deadlines marked with a ^, -, or >) , 

(II) MOTION DEADLINES (choose between two deadlines marked with >>), and 

(III) METHOD OF SERVICE (single deadline marked with *)

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I. ALTERNATE DEADLINES (choose between 2 deadlines marked with ^, -, or >)

Deadlines Preceded by “^Possible”, “-Possible”, or “>Possible” indicates that the actual deadline requires choosing between one of TWO OR MORE POSSIBLE deadlines (paired using symbols).

(A) LawToolBox identifies deadlines where the user must choose between two possible deadlines by marking each alternate deadline with a “matching symbol” (e.g., ^, -. >).

(B) Where alternate deadlines run off of 2 different trigger dates (for example, the “trial date” and the “date the initial trial date has been set”) each trigger date is marked with a unique symbol such as "^". You can quickly identify any trigger dates that must be entered to calculate possible alternate deadlines by clicking on Trigger Dates page and then clicking on the “Quick Input…” link below the “Primary Trigger Dates” and the using the “Find” window in your browser to search for the Trigger Date ending with the matching symbol and enter a date for this trigger date.

(C) Determine which deadline should by applied by reviewing the description for each of the “paired deadlines” and using your professional judgment. Once you determine which deadline does NOT apply, you can “hide” the deadline that does not apply by checking the “hide” box on the “Detailed Deadline chart”.

(D) EXAMPLE: CCP 2034.220 provides: "[a]ny party may make a demand for an exchange of information concerning expert trial witnesses without leave of court. A party shall make this demand no later than the 10th day after the initial trial date has been set, or 70 days before that trial date, whichever is closer to the trial date."). To see how LawToolBox addresses these two possible alternate deadline, enter both a "trial date" and "date of initial trial setting". Then view the deadline chart using the "detailed" filter to see the criteria for which deadline to select (in this case it is the deadline marked with an "^" which is closer to trial).
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II. MOTIONS (choose between 2 deadlines marked with >>)

LawToolBox calculates TWO ALTERNATIVE DEADLINES for the deadline to serve a WRITTEN MOTION and notice of hearing marked with >> symbols so end-user must choose between these TWO POSSIBLE deadlines to determine actual deadline (and hide or dete the deadline that does not apply).

1 - If Motion eServed. The deadline to serve a motion electronically lengthens the deadline to serve the motion by 2 COURT days pursuant to CRC 2.260. Because a written motion and notice must be served 16 COURT days before hearing pursuant to CCP 1005(b), when a motion is eserved it must be served 18 COURT days before hearing.

2 - If Moton Served by Method OTHER THAN eService. A written motion and notice must be served 16 COURT days before hearing pursuant to CCP 1005(b); plus additional CALENDAR days depending on method of service: by fax add 2 calendar days, by US mail on parties within California add 5 calendar days, by US mail on parties outside California but within US add 10 calendar days, by US mail on at least 1 party outside the US add 20 calendar days). When you use the toggle buttons we provide in the motions calculator to select the non-eService method of service, we will automatically calculate the correct deadline.

LawToolBox identifies two possible alternate deadlines the user must choose between by marking each alternate deadline with a “matching symbol” (e.g., >>).

Once you KNOW how you intend to serve the motion, you can hide the alternate deadline (e.g., if you KNOW you are going to eServe a motion you can hide the deadline for "*If motion NOT eServed: deadline to serve mtn & notice" from the deadline chart).


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III. METHOD OF SERVICE (single deadline marked with *)

A SINGLE DEADLINES proceeded by * indicates that the actual deadline is a function of choosing the appropriate METHOD OF SERVICE (mail, hand-delivery, etc.).

(A) Our “CONSERVATIVE defaults” – Deadline Calculated Going FORWARDS in Time: When ADDING days our “conservative default” assumes that the method of service is HAND DELIVERY (base deadline + ZERO days).

EXAMPLE: the “Deadline to serve answer” is due 30 days after complaint is served by hand delivery, but it is due 35 days after complaint served if served by mail to parties residing all within California (LawToolBox default is 30 days after complaint is served because we apply the most conservative default for method of service which is hand-delivery).

(B) Our “CONSERVATIVE defaults” – Deadline Calculated Going BACKWARDS in Time: When SUBTRACTING days our "most conservative and common default" assumes that the method of service is MAIL in CA (base deadline + 5 CALENDAR days).

EXAMPLE: the “Deadline to serve offer of compromise” is due 10 days before trial if hand-delivered, but it is due 15 days before trial if served by mail to parties residing all within California (LawToolBox default is 15 days before trial because we apply the most common conservative default for method of service which is service by mail within CA).

AFTER SERVICE IS ACTUALLY MADE: You can “leave alone” the calculated deadline or, you can EDIT deadline as follows: (1) removing “*” and (2) adding actual method in parenthesis at end of description. Do this especially when subtracting days, this way your attorneys know with certainty the method of service applied. If method of service is not yet stated in deadline description then before editing deadline, considering checking Trigger Dates > Quick Input Link to see what method of service is currently applied and select new method of service if applicable.

(C) ADDING or SUBTRACTING 2 COURT DAYS for eSERVICE (and in the NON-MOTION context - ADDING or SUBTRACTING 2 COURT DAYS for fax, express mail or overnight delivery):

(1) MANUALLY ADD or SUBTRACT 2 COURT days: Select by HAND DELIVERY (base deadline + ZERO days) and edit deadline by (a) removing “*” and (b) adding “eservice” as actual method in parenthesis at end of description and (c) add or subtract 2 COURT DAYS from BASE deadline.

(2) USE our “CONSERVATIVE calendar day DEFAULTS” for eService, fax, express ail or overnight delivery

(i) Deadline Calculated Going FORWARDS in Time - If the user changes the method of service to select “by fax, express mail, overnight delivery”, LawToolBox “adds 2 calendar days” instead of “adding 2 court days” so LawToolBox deadlines will expire on or before actual deadline.

(ii) Deadline Calculated Going BACKWARDS in Time - If the user changes the method of service to select “by fax, express mail, overnight delivery”, LawToolBox “subtracts 5 calendar days” instead of “subtracting 2 court days” so LawToolBox deadlines will expire on or before actual deadline.