# CA Lawyers: What constitutes "5 days before the hearing". **URL:** \ **Category:** Factual Questions\ **Created:** [August 9, 2010, 7:24pm UTC](https://boards.straightdope.com/t/ca-lawyers-what-constitutes-5-days-before-the-hearing/549743 "2010-08-09T19:24:16Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![magellan01](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@magellan01](https://boards.straightdope.com/u/magellan01)\ **Post date:** [August 9, 2010, 7:24pm UTC](https://boards.straightdope.com/t/ca-lawyers-what-constitutes-5-days-before-the-hearing/549743/1 "2010-08-09T19:24:16Z")
I need to go to court, as I’m being sued in small claims court. I expected to be back already, but I’m out of town and do not have access to the papers I was served. I’ll be back on the weekend. The court dat is Friday, August 20. And I was planning to counter sue the person suing me. According to the CA self-help website, I must let her know this through official service “5 days” before the court date: > [@](#): > > **When must I serve my defendant’s claim and order to plaintiff?** > If you received a copy of Plaintiff’s claim more than 10 days before the trial date, you have to serve the plaintiff at least 5 days before the hearing. So my question is, id I get them served the papers on Monday the 16th, does that constitute 5 days before? Or is that only 4 days before? Also, what’s the quickest way to get this woman served? As you can see, I’ll have to do it all on that Monday (assuming that meets the 5-day window requirement). Thanks. ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [August 9, 2010, 7:41pm UTC](https://boards.straightdope.com/t/ca-lawyers-what-constitutes-5-days-before-the-hearing/549743/2 "2010-08-09T19:41:39Z")
Contact the Court and ask the Clerk’s office. You should be able to find the number online. You don’t want to rely on the board for a question like this, because courts take filing deadlines very seriously. ---
**Author:** ![magellan01](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@magellan01](https://boards.straightdope.com/u/magellan01)\ **Post date:** [August 9, 2010, 8:12pm UTC](https://boards.straightdope.com/t/ca-lawyers-what-constitutes-5-days-before-the-hearing/549743/3 "2010-08-09T20:12:50Z")
> [@Captain\_Amazing](#): > > Contact the Court and ask the Clerk’s office. You should be able to find the number online. You don’t want to rely on the board for a question like this, because courts take filing deadlines very seriously. Thanks. But after about an hour of not being able to find the phone number, and giving up on the 551-4000 number, I’ve decided to not file the counter suit. I was going to do so just to show the judge that I, too, think the other person at fault. But maybe he’ll see me as being the more reasonable person. After all, we both have insurance. and these little tiny fender benders are going to happen. I did also get a call back from a SF lawyer I know. He was of the opinion that Monday would not qualify as “5 days before” Friday. But thanks again. ---
**Author:** ![magellan01](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@magellan01](https://boards.straightdope.com/u/magellan01)\ **Post date:** [August 9, 2010, 8:40pm UTC](https://boards.straightdope.com/t/ca-lawyers-what-constitutes-5-days-before-the-hearing/549743/4 "2010-08-09T20:40:56Z")
If a Mod happens by, could you please close this. Thanks. ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [August 9, 2010, 9:20pm UTC](https://boards.straightdope.com/t/ca-lawyers-what-constitutes-5-days-before-the-hearing/549743/5 "2010-08-09T21:20:51Z")
If this is the San Francisco Superior Court, here’s their phone directory (in PDF): [http://www.sfsuperiorcourt.org/Modules/ShowDocument.aspx?documentid=2091](http://www.sfsuperiorcourt.org/Modules/ShowDocument.aspx?documentid=2091)