California definition of "Date of Service"?

[qbert]

if the local court requires me to serve and file a brief "Five calendar days before the trial". Does this mean i can file it 5 days out and then serve to defendant by placing in mail or fedex?

 

or do they need to *receive* it five days out?

 

This is a Trial Brief and i dont think i need to allow for any response/objection. Trial is 6 days out today so i can express mail it today and have it there 5 days out if absolutely necessary

 

CCP says (emphasis mine):

 

1013.  (a) In case of service by mail, the notice or other paper
shall be deposited in a post office, mailbox, subpost office,
substation, or mail chute, or other like facility regularly
maintained by the United States Postal Service, in a sealed envelope,
with postage paid, addressed to the person on whom it is to be
served, at the office address as last given by that person on any
document filed in the cause and served on the party making service by
mail; otherwise at that party's place of residence. Service is
complete at the time of the deposit, but any period of notice and any
right or duty to do any act or make any response within any period
or on a date certain after service of the document, which time period
or date is prescribed by statute or rule of court, shall be extended
five calendar days, upon service by mail, if the place of address
and the place of mailing is within the State of California, 10
calendar days if either the place of mailing or the place of address
is outside the State of California but within the United States, and
20 calendar days if either the place of mailing or the place of
address is outside the United States, but the extension shall not
apply to extend the time for filing notice of intention to move for
new trial, notice of intention to move to vacate judgment pursuant to
Section 663a, or notice of appeal. This extension applies in the
absence of a specific exception provided for by this section or other
statute or rule of court.
   ( The copy of the notice or other paper served by mail pursuant
to this chapter shall bear a notation of the date and place of
mailing or be accompanied by an unsigned copy of the affidavit or
certificate of mailing.
   © In case of service by Express Mail, the notice or other paper
must be deposited in a post office, mailbox, subpost office,
substation, or mail chute, or other like facility regularly
maintained by the United States Postal Service for receipt of Express
Mail, in a sealed envelope, with Express Mail postage paid,
addressed to the person on whom it is to be served, at the office
address as last given by that person on any document filed in the
cause and served on the party making service by Express Mail;
otherwise at that party's place of residence. In case of service by
another method of delivery providing for overnight delivery, the
notice or other paper must be deposited in a box or other facility
regularly maintained by the express service carrier, or delivered to
an authorized courier or driver authorized by the express service
carrier to receive documents, in an envelope or package designated by
the express service carrier with delivery fees paid or provided for,
addressed to the person on whom it is to be served, at the office
address as last given by that person on any document filed in the
cause and served on the party making service; otherwise at that party'
s place of residence. Service is complete at the time of the deposit,
but any period of notice and any right or duty to do any act or make
any response within any period or on a date certain after service of
the document served by Express Mail or other method of delivery
providing for overnight delivery shall be extended by two court days.
The extension shall not apply to extend the time for filing notice
of intention to move for new trial, notice of intention to move to
vacate judgment pursuant to Section 663a, or notice of appeal. This
extension applies in the absence of a specific exception provided for
by this section or other statute or rule of court.
   (d) The copy of the notice or other paper served by Express Mail
or another means of delivery providing for overnight delivery
pursuant to this chapter shall bear a notation of the date and place
of deposit or be accompanied by an unsigned copy of the affidavit or
certificate of deposit.

[nascar]

Service by mail is complete upon mailing.