For a Motion on Notice, when is the motion considered served?

For a Motion on Notice, when is the motion considered served?

• A. When served or dropped in mailbox
• B. At the time of filing
• C. Two days before return date
• D. When papers are presented to court

Answer: (A)

The timing of service is what this question tests. A Motion on Notice only starts the clock for the other party’s awareness once it has been delivered to them. It’s considered served when the motion is actually served on the opposing party, or, if it’s sent by mail, when it’s dropped in the mailbox. This creates a clear, objective moment to start any response deadlines. Filing with the court does not notify the other party, so it isn’t service by itself. Likewise, presenting papers to the court is not the act of delivering notice to the other side, and a fixed deadline like two days before the return date is a timing rule for planning, not the moment of service.

The timing of service is what this question tests. A Motion on Notice only starts the clock for the other party’s awareness once it has been delivered to them. It’s considered served when the motion is actually served on the opposing party, or, if it’s sent by mail, when it’s dropped in the mailbox. This creates a clear, objective moment to start any response deadlines. Filing with the court does not notify the other party, so it isn’t service by itself. Likewise, presenting papers to the court is not the act of delivering notice to the other side, and a fixed deadline like two days before the return date is a timing rule for planning, not the moment of service.