I received a Request for Statement of Witnesses and Evidence. Section 96 of the CCP states that this cannot be served more than 45 days OR l...

Question

I received a Request for Statement of Witnesses and Evidence. Section 96 of the CCP states that this cannot be served more than 45 days OR less than 30 days before trial. Do I go by the date on the proof of service? (Which would be 46-47 days before our trial, TOO SOON.) OR is the day I actually received it in the mail considered the day it was served? Thank you!

Answer

You go by the day it was deposited with the mail, not the day it was received. Now you make sure the time has run and object. I hope you timely served your Request for Statement of Witnesses and Evidence.