AB 540: Motions: filing and service requirements.

Existing law establishes various requirements and deadlines for the filing and service of prescribed motions in civil actions, including a motion for summary judgment and a motion for judgment on the pleadings, as specified. A notice of motion for summary judgment or motion for judgment on the pleadings must be served on all other parties to the action at least 81 days before the time appointed for hearing, except when the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, in which case the required 81-day period of notice must be increased by 2 court days. For prescribed motions other than a motion for summary judgment or a motion for judgment on the pleadings, as specified, existing law requires a notice of such motion to be provided at least 16 court days before the hearing, except when the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, in which case the required 16-day period of notice before the hearing must be increased by 2 calendar days. Existing law authorizes the service of documents in a civil action by electronic means pursuant to rules adopted by the Judicial Council, as specified.

This bill would clarify that service of a notice of motion described above by electronic service is not among the methods of service requiring an increase to the period of notice. The bill would also make conforming changes.