How to Determine When I Can Serve the CCP 96 (California form DISC-015))?

[notlawyer]

I just wanted a sanity check on how the number of days is counted—for determining how early the CCP 96 can be served on the plaintiff. I understand that the CCP 96, that is, the form DISC-015: Request for Statement of Witnesses and Evidence, must be served between 30 and 45 days prior to the trial date.

I also assume that if this is served via mail within CA, then an extra 5 days is added—so it can actually be served via mail as early as 50 days prior to trial.

So hypothetically if the trial date is December 26, then the CCP 96 (DISC-015) can be served as early as November 6 (50 days before trial). (Even if the plaintiff actually receives it on day 46 or day 47 prior to trial.)

Does this sound right? Thanks.

Edited November 4, 2012 by notlawyer