procedural guides

California Code of Civil Procedure 1005

California civil procedure code 1005 (CCP 1005) concerns what pleadings require written notice when filed in the court.

These motions include Notice of Application and Hearing from Writ of Attachment under Section 484.040, Motion to Quash Summons and any other under the code requiring notice, and a judge or court does not require an additional method for notice.

The code also contains requirements for supporting papers of the motion, and when and how they shall be served and filed.

The procedures for filing an opposition to the notice and its supporting papers are outlined by the code, as well as the time window for filing said pleading, unless otherwise required by the court or judge. The same guidelines are applicable to the reply to the opposition filed.

California civil procedure code 1005 contains the acceptable methods by which a party may be served said pleadings, such as by personal delivery, facsimile, and express mail.

This code is used by the court clerks and judges to mandate the procedures for pleadings.

Here are some SmartRules task-based guides for motions incorporating CCP 1o05:

Motion for Cross Complaint

Demurrer

Motion for Admission Pro Hac Vice

Motion for Class Certification