A common mistake that even experienced counsel makes is that parties and counsel will file document and only after filing serve them towards the end of the day. That strategy is undertaken to get the Court documents for review quickly, but give the opposing counsel or opposing party the minimum amount of time possible to review and respond.
This litigation tactic is against the California Rules of Court. When this litigation tactic is undertaken, it should be undertaken and sanctions against the other party and counsel must be sought.
California Rule of Court, Rule 8.817, known as the Service and Filing Order, states documents submitted for filing but be served before filing. The Rule of Court is listed below:
Rule 8.817. Service and filing
(a) Service
(1) Before filing any document, a party must serve, by any method permitted by the Code of Civil Procedure, one copy of the document on the attorney for each party separately represented, on each unrepresented party, and on any other person or entity when required by statute or rule.
(2) The party must attach to the document presented for filing a proof of service showing service on each person or entity required to be served under (1). The proof must name each party represented by each attorney served.
(b) Filing
(1) A document is deemed filed on the date the clerk receives it.
(2) Unless otherwise provided by these rules or other law, a filing is not timely unless the clerk receives the document before the time to file it expires.
(3) A brief, a petition for rehearing, or an answer to a petition for rehearing is timely if the time to file it has not expired on the date of:
(A) Its mailing by priority or express mail as shown on the postmark or the postal receipt; or
(B) Its delivery to a common carrier promising overnight delivery as shown on the carrier's receipt.
(4) The provisions of (3) do not apply to original proceedings.
(5) If the clerk receives a document by mail from an inmate or a patient in a custodial institution after the period for filing the document has expired but the envelope shows that the document was mailed or delivered to custodial officials for mailing within the period for filing the document, the document is deemed timely. The clerk must retain in the case file the envelope in which the document was received.