Civil proceedings before trial

• Author: Marlene Hazlewood
• Pages: 27-256

CIVIL PROCEEDINGS

BEFORE TRIAL

CIVIL PROCEEDINGS

BEFORE TRIAL

1-1

CHAPTER 1

CIVIL PROCEEDINGS BEFORE TRIAL

§100 INTRODUCTION

§101 California Court System

§101.1 Jurisdiction

§101.2 Venue

§101.3 Court Structure

§102 Preparation of Legal Documents

§102.1 In General

§102.1.1 Paper

§102.1.2 Printing, Font Size, Style and Color of Print

§102.1.3 Margins, Spacing, Numbering of Lines and Page Numbering

§102.1.4 Footer

§102.1.5 Exhibits

§102.1.6 Binding and Hole Punching

§102.2 Format of First Page of a Pleading

§102.3 Commonly Prepared Documents

§102.3.1 Aff idavit and Declaration

§102.3.2 Verification

§102.3.3 Proof of Service

§102.4 Judicial Council and Local Court Forms

§103 General Filing Procedures

§103.1 Filing Over the Counter

§103.2 Fax Filing

§103.3 Electronic Filing and Signatures

§103.4 Filing in a Branch or District Court in Counties With Multiple Superior Courts

§103.5 Limitations on the Filing of Papers

§103.6 Protection of Privacy

§104 Service of Process

§104.1 Personal Service

§104.2 Substituted Service

§104.2.1 Substituted Service on Corporation or Unincorporated Association

§104.2.2 Substituted Service on Natural Person

§104.2.3 Substituted Service on Business Organization of Unknown Form

§104.3 Access to Gated Community to Serve Process

§104.4 Notice and Acknowledgment of Receipt

§104.5 Service on Person Outside California

§104.6 Service by Publication

§104.7 Summary of Effective Dates of Service

§104.8 Proof of Service of Summons and Complaint

CIVIL PROCEEDINGS

BEFORE TRIAL

CIVIL PROCEEDINGS

BEFORE TRIAL

California Legal Secretary 1-2

§105 Service of Notices and Papers by Mail, Express Mail, Overnight Delivery, Facsimile Transmission,

Electronic Transmission, Electronic Notification and Hand Delivery

§105.1 Service by Mail

§105.2 Service by Express Mail or Other Overnight Delivery

§105.3 Service by Facsimile Transmission

§105.4 Service by Electronic Mail

§105.5 Service by Hand Delivery

§105.6 Summary of Effective Dates of Service

§105.7 Proof of Service of Notices and Papers

§106 Computation of Time

§107 Remote Appearance at Hearings, Conferences and Proceedings

§107.1 Notice and Waiver for Duration of Case

§107.2 Non-evidentiary Remote Proceedings

§107.3 Remote Proceedings for Evidentiary Hearing or Trial

§107.4 Summary of Deadlines to Provide Notice of Remote Appearance

§110 COMMENCING THE CIVIL ACTION

§110.1 Statute of Limitations

§110.2 Claims Against Public Entities

§110.3 Certificates of Merit

§110.3.1 Certificate of Merit for Action for Damages Arising out of Professional

Negligence of an Architect, Professional Engineer or Land Surveyor

§110.4 Notice of Intention to Commence Action Based Upon Professional Negligence

§111 Complaint

§111.1 Civil Case Cover Sheet

§112 Summons

§113 Appointment of Guardian Ad Litem

§114 Checklist and Practice Tips Re Initial Documents to Be Filed and Served

§115 Amendment to Complaint

§120 APPEARANCE BY DEFENDANT AND DEFAULT PROCEDURES

§121 Answers/Objections to Complaint

§121.1 Answer to Complaint

§121.2 Demurrer to Complaint

§121.3 Motion to Strike

§122 Cross-Actions

§122.1 Cross-Complaint

§122.2 Summons on Cross-Complaint

§122.3 Service of Cross-Complaint and Summons on Cross-Complaint

§122.4 Answer to Cross-Complaint

§123 Request for Statement of Damages

§124 Case Management

§124.1 Case Management Conference

§124.2 Mandatory Settlement Conference

§125 Uncontested Proceedings

§125.1 Entry of Default

§125.1.1 Request to Enter Default

§125.1.2 Proof of Service of Summons and Complaint and/or Cross-Complaint

§125.1.3 Request for Dismissal of All Unserved and/or Doe Defendants

§125.2 Default Judgment

CIVIL PROCEEDINGS

BEFORE TRIAL

1-3 Civil Proceedings Before Trial

§130 DISCOVERY DEVICES AND PROCEDURES

§130.1 Procedures Pertinent to All Methods of Discovery

§130.1.1 When Discovery May Be Commenced

§130.1.2 Written Stipulations Regarding Discovery

§130.1.3 Discovery Responses to Be Signed Under Oath

§130.1.4 Service of Requests and Responses

§130.1.5 Motion to Compel Further Responses

§130.1.6 Retention of Discovery Requests and Responses

§130.1.7 Time for Completion of Discovery

§131 Depositions

§131.1 In General

§131.1.1 Place of Deposition

§131.1.1.1 Remote Depositions

§131.1.2 Deposition Subpoenas

§131.1.3 Deposition Notices

§131.1.4 Witness Fees and Costs

§131.1.5 Deposition Transcript

§131.2 Taking the Deposition of a Party

§131.3 Taking the Deposition of a Non-Party

§131.3.1 Personal Appearance Only

§131.3.2 Production of Business Records Only

§131.3.3 Testimony and Production of Business Records, Other Documents,

Electronically Stored Information or Tangible Things

§131.3.4 Production of “Personal Records” of a “Consumer” and

Production of “Employment Records” of an “Employee”

§131.4 Deposition Checklist: Deposition of a Party Appearance Only and/or Appear and Produce

§131.5 Deposition Checklist: Deposition of a Non-Party Personal Appearance Only

§131.6 Deposition Checklist: Production of Business Records Only

§131.7 Deposition Checklist: Non-Party Appearance and Production of Documents

§131.8 Deposition Checklist: Production of Personal Records of a Consumer and Employment

Records of an Employee

§132 Interrogatories

§132.1 Propounding Interrogatories

§132.1.1 Format of Interrogatories

§132.1.2 Service of Interrogatories

§132.2 Responding to Interrogatories

§132.2.1 Format of Responses to Interrogatories

§132.2.2 Service of Responses to Interrogatories

§132.3 Amending Responses to Interrogatories

§132.4 Summary of Procedures

§133 Requests for Admissions

§133.1 Propounding Requests for Admissions

§133.1.1 Format of Requests for Admissions

§133.1.2 Service of Response to Requests for Admissions

§133.2 Responding to Requests for Admissions

§133.2.1 Format of Responses to Requests for Admissions

§133.2.2 Service of Responses to Requests for Admissions

§133.3 Summary of Procedure

§134 Production of Documents, Tangible Things, Land or Other Property, and Electronically Stored

Information for Inspection, Copying, Testing or Sampling

§134.1 Format of Demand for Inspection, Copying, Testing or Sampling

§134.2 Service of Demand for Inspection, Copying, Testing or Sampling

§134.3 Response to Demand for Inspection, Copying, Testing or Sampling

§134.4 Service of Response to Demand for Inspection, Copying, Testing or Sampling

§134.5 Summary of Procedures