Section 405. Correction of defects in papers  


Latest version.
  • (a) Motion to correct.  Either
      party  may move to cure a defect or omission in the record, or to strike
      scandalous or prejudicial matter unnecessarily inserted in  a  pleading,
      or  for  a  more  definite  statement of a pleading which is so vague or
      ambiguous that he cannot reasonably be required to frame a response.
        (b) Time limits; pleading after disposition.  A  party  shall  make  a
      motion under this section by serving a notice of motion or order to show
      cause  within  the  time allowed for his responsive pleading. Unless the
      court so orders on motion made without notice on  the  ground  that  the
      party  is  unable  to  plead  until the papers are corrected, the motion
      shall not extend the time for such responsive pleading. If the motion is
      granted, the party  who  made  the  motion  shall  serve  and  file  his
      responsive  pleading  within  five  days  after  service  of the amended
      pleading. If the motion is denied and the time  to  serve  a  responsive
      pleading  has  been  extended,  the  party  shall  serve  and  file  his
      responsive pleading within two days after service of the  order  denying
      the motion with notice of entry, unless the order specifies otherwise. A
      party may re-notice the matter for hearing upon two days' notice.
        (c)  Petitioner's  motion.  The  petitioner  may  raise the objections
      specified in subdivision (a) in his reply or by motion  on  the  day  on
      which the petition has been noticed or re-noticed to be heard.