How Long Before the Hearing? Motion Notice Periods in CA, NY, and Federal Court

Short answer: California moving papers are due 16 court days before the hearing (CCP 1005(b)). New York’s default is 8 calendar days, or 16 with a demand (CPLR 2214(b)). Federal Rule 6(c)(1) says 14 days, but C.D. Cal. L.R. 6-1 requires 28.

The unit matters as much as the number. California counts court days; New York and federal courts count calendar days, and federal local rules routinely override the national default. Deadlines get missed when one system’s unit is carried into another.

Motion notice periods compared: the operative text

Each row was read October 21, 2026. California code text was confirmed on two independent sites.

Provision	Operative language	Source
CCP 1005(b)	Moving papers “shall be served and filed at least 16 court days before the hearing.” Opposition “at least nine court days” before; reply “at least five court days before the hearing.”	california.public.law and codes.findlaw.com, matching
CCP 1005(b), service extensions	The 16-day period is extended “five calendar days” for mail within California, and “two calendar days” for fax, express mail, or other overnight delivery. Section 1013’s general extension does not apply.	both sites, matching
CCP 12c(a), (b)	“the last day to perform that act shall be determined by counting backward from the hearing date, excluding the day of the hearing.” Added days for a method of service “shall be computed by counting backward from the day determined in accordance with subdivision (a).”	california.public.law and codes.findlaw.com, matching
CCP 1010.6(a)(3)(B), (C)	Any period of notice “shall be extended after service by electronic means by two court days,” but not the time for filing a notice of intention to move for new trial, a notice of intention to move to vacate under 663a, or a notice of appeal. It applies “in the absence of a specific exception provided by any other statute or rule of court.”	california.public.law and codes.findlaw.com, matching
CPLR 2214(b)	“A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard. Answering affidavits shall be served at least two days before such time.”	nysenate.gov, read twice
CPLR 2214(b), demand	Answering affidavits and any cross-motion “shall be served at least seven days before such time if a notice of motion served at least sixteen days before such time so demands; whereupon any reply or responding affidavits shall be served at least one day before such time.”	nysenate.gov
CPLR 2103(b)(2), (6)	For mail service, “five days shall be added to the prescribed period if the mailing is made within the state.” For overnight delivery, “one business day shall be added to the prescribed period.”	nysenate.gov
FRCP 6(c)(1), (2)	“A written motion and notice of the hearing must be served at least 14 days before the time specified for the hearing,” subject to the rule’s listed exceptions. “[A]ny opposing affidavit must be served at least 7 days before the hearing.”	law.cornell.edu
C.D. Cal. L.R. 6-1	“The notice of motion shall be filed with the Clerk not later than twenty-eight (28) days before the date set for hearing.” If mailed, served “not later than thirtyone (31) days before the Motion Day.”	cacd.uscourts.gov, June 1, 2026 rules
C.D. Cal. L.R. 7-9, 7-10	Opposition “not later than twenty-one (21) days before the date designated for the hearing” (ten days after service for a new trial motion). Reply “not later than fourteen (14) days before the date designated for the hearing.”	cacd.uscourts.gov
S.D.N.Y./E.D.N.Y. Local Civil Rule 6.1(a), (b)	Discovery motions: opposition “within seven days after service of the moving papers,” reply “within two days after service of the answering papers.” Other motions: 14 and 7 days.	nysd.uscourts.gov, effective January 2, 2026
FRBP 9006(d)	A written motion and notice of hearing “must be served at least 7 days before the hearing date, unless the court or these rules set a different period.” A written response “must be served at least 1 day before the hearing,” except as provided in Rule 9023.	law.cornell.edu

How many court days before a hearing must a California motion be filed?

Sixteen court days, served and filed. Court days exclude weekends and judicial holidays, so the count runs well past three calendar weeks around Thanksgiving. CCP 12c fixes the direction: count backward from the hearing, excluding the hearing day, then count any service extension backward from that result.

The extension unit changes by service method. Electronic service adds two court days under CCP 1010.6(a)(3)(B). Overnight delivery and fax add two calendar days, and in-state mail adds five calendar days, under 1005(b) itself. More in our CCP 1005 article.

CPLR 2214(b): the 8-day default and the 16-day demand

New York counts calendar days and gives the movant a choice. Serve 8 days ahead and opposition is due 2 days before the return date, with no reply provided for in the rule’s text. Serve 16 days ahead with a demand in the notice of motion, and opposition and any cross-motion are due 7 days before, with reply 1 day before. The demand is what buys the reply. Our CPLR 2214(b) article covers cross-motion timing.

CPLR 2103(b)(2) adds five days for in-state mail and 2103(b)(6) adds one business day for overnight delivery, where a period “is measured from the service of a paper.” Whether those additions lengthen a notice period counted back from a return date was not verified today; serve early rather than rely on them.

Federal motion notice: FRCP 6(c) and the local rules that replace it

FRCP 6(c) sets 14 days, and 7 for opposing affidavits, but local rules often control. In the Central District of California, L.R. 6-1 requires filing the notice 28 days before the hearing (31 if mailed), L.R. 7-9 puts opposition at 21 days, and L.R. 7-10 puts reply at 14. Calendaring 16 court days there will usually make you late.

The Southern and Eastern Districts of New York use a different structure. Joint Local Civil Rule 6.1 counts forward from service: 14 days to oppose and 7 to reply on most motions, 7 and 2 on discovery motions. Conferral steps that come before the notice are in our meet-and-confer comparison.

FRCP 6(a)(1)(B) counts “every day, including intermediate Saturdays, Sundays, and legal holidays.” Where a deadline runs from service, Rule 6(d) adds 3 days for certain methods; since 2016, electronic service is not one of them.

Bankruptcy. FRBP 9006(d) sets 7 days for the motion and 1 day for a written response, “unless the court or these rules set a different period.” Those other periods and bankruptcy local rules were not checked today.

Worked example: one hearing date, four systems

Assume a hearing on Wednesday, December 16, 2026. California judicial holidays in the window: Thanksgiving (November 26) and the day after (November 27), per the Ventura and Lassen Superior Court 2026 schedules.

• California Superior Court, personal service. Counting back 16 court days from December 16, skipping weekends and November 26 and 27, lands on Friday, November 20. Opposition: 9 court days back, Thursday, December 3. Reply: 5 court days back, Wednesday, December 9.
• California, electronic service. Two more court days back from November 20: Wednesday, November 18.
• California, overnight delivery. Two calendar days back: also Wednesday, November 18. In-state mail (five calendar days) lands on Sunday, November 15; weekend treatment was not verified today, so serve by Friday, November 13.
• New York Supreme Court. Default: serve by Tuesday, December 8; opposition by Monday, December 14. With a 16-day demand: serve by Monday, November 30; opposition and cross-motions by Wednesday, December 9; reply by Tuesday, December 15.
• C.D. Cal. File by Wednesday, November 18; opposition by Wednesday, November 25; reply by Wednesday, December 2. Confirm the judge’s motion day first.
• FRCP 6(c) default. Serve by Wednesday, December 2; opposing affidavits by Wednesday, December 9.
• Bankruptcy, FRBP 9006(d) default. Serve by Wednesday, December 9; response by Tuesday, December 15.

Same hearing; opening deadlines from November 18 to December 9.

Calendar notation you can paste into a case file

MOTION CALENDAR: [Case name], [Case No.]
Court: [___]
Hearing / return date: [DAY, DATE, TIME, DEPT./PART/COURTROOM]
Governing rule: [CCP 1005(b) / CPLR 2214(b) / FRCP 6(c) and L.R. ___ /
                 FRBP 9006(d) and L.B.R. ___]
Unit: [court days / calendar days]
Holidays skipped: [list, source]
Service method: [personal / electronic / overnight / mail]
Extension applied: [CCP 1010.6(a)(3)(B) +2 court days /
                    CCP 1005(b) +2 or +5 calendar days / none]
Last day to serve [and file] moving papers: [DATE]
Opposition due: [DATE]   Reply due: [DATE]
NY only: 16-day demand included in notice of motion? [Y/N]
Judge's individual rules or motion day checked: [Y/N, DATE, BY]
Counted by: [__]   Second count: [__]

California vs. New York vs. federal: the contrast in one place

• Unit. California: court days, with some extensions in calendar days. New York: calendar days. Federal: calendar days under Rule 6(a)(1).
• Direction. California and C.D. Cal.: backward from the hearing. New York: backward from the return date. SDNY and EDNY opposition and reply: forward from service.
• Reply. California and C.D. Cal.: built in. New York: provided for in the rule only when the movant uses the 16-day demand.

Pre-filing checklist for motion notice

• California: count 16 court days back under CCP 12c, skipping judicial holidays; add the extension for the actual service method, in the right unit.
• New York: decide on the 16-day demand and put it in the notice of motion.
• Federal: read the local rule and the judge’s individual practices; confirm the motion day.
• SDNY and EDNY: calendar opposition and reply forward from service under Local Civil Rule 6.1.
• Bankruptcy: check whether a specific rule or local rule sets a longer period than 9006(d).
• Have a second person run the count.

Multi-jurisdiction motion calendaring through LegalBriefsUSA

LegalBriefsUSA drafts the motion, the notice, and the supporting papers to the governing forum’s calendar, and flags each date for your review and signature. Send the hearing date and the court, and we will return a scoped quote. See how our motion drafting service works.

Authorities cited

Read October 21, 2026: CCP 1005(b), 12c, and 1010.6(a)(3) at california.public.law and codes.findlaw.com, matching. CPLR 2214(a) and (b) (read twice) and 2103(b)(2) and (6) at nysenate.gov. FRCP 6(a)(1), (c), and (d) and FRBP 9006(d) and (f) at law.cornell.edu. C.D. Cal. L.R. 6-1, 7-9, and 7-10 in the court’s June 2026 local rules PDF at cacd.uscourts.gov. S.D.N.Y./E.D.N.Y. Joint Local Civil Rule 6.1(a) and (b) at nysd.uscourts.gov. California 2026 judicial holidays from the Ventura and Lassen Superior Court holiday pages, matching. Left out for lack of same-day verification: the effective date of current CCP 1005(b); CRC 3.1300; the FRCP 6(c)(1) exceptions; weekend landings in backward counts (General Construction Law, FRCP 6(a)(5)); whether CPLR 2103(b) additions lengthen 2214(b) notice; NYSCEF e-service; Commercial Division rules; other local rules; motion-specific periods such as CCP 437c; and all case law.

LegalBriefsUSA.com provides drafting and research support to licensed attorneys and law firms. This article is written for attorneys, is not legal advice, and does not create an attorney-client relationship.