§ 16540 Affidavit Hearing Scheduling

• •The clerk must deliver the affidavits to the judge five days after the filing deadline.
• •The judge (or a substitute) must set a hearing date right away.
• •The hearing must be scheduled for at least 10 days but no more than 20 days after the judge’s order.

Jane files an affidavit in a court case. Five days later, the clerk hands Jane’s affidavit and the other side’s affidavit to the judge. The judge then picks a hearing date that is, say, 15 days from the day the judge makes the order.

Because the law requires the clerk to deliver the papers after five days and the judge to schedule the hearing within a 10‑to‑20‑day window, Jane’s hearing will happen sometime in that period.