U.S. LEGAL SYSTEMS – Federal Court Systems – State Court Systems

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State Court Systems 1. State Supreme Court 2. State Court of Appeals 3. Superior Court – Unlimited Jurisdiction (Claims over $25,000) 4. Superior Court - Limited Jurisdiction (Claims over $7,500 - $25,000) 5. Small Claims Court (Claims up to $7,500)

California Litigation Procedures 1.Complaint/Summons 2.Answer Cross Complaint * C.C.P. § Compulsory Cross Complaint C.C.P. § Permissive Cross Complaint C.C.P. § Time for Filing Cross Complaint 3.Default Judgment - C.C.P. § 585

California Litigation Procedures 4.Motions Motion to Demurrer C.C.P. § Motion to Strike C.C.P. §§ Motion for Summary Judgment C.C.P. § 437c Hearing Date: 105 days prior to trial date

California Litigation Procedures Service of Notice of Motion: Regular Motions: 16 Court Days (Moving Papers) 9 Court Days (Opposition Papers) 5 Court Days (Reply Papers) Points and Authorities pages limit Opening – 15 pages Opposition- 15 pages Reply- 10 pages CRC Rule 313(d)

California Litigation Procedures Motion for Summary Judgment 75 Days (Moving Papers) 14 Days (Opposition Papers) 5 Court Days (Reply Papers) *to be heard 30 days prior to trial date Points and Authorities pages limit Opening – 20 pages Opposition- 20 pages Reply- 10 pages CRC Rule 313(d)

California Litigation Procedures C.C.P. § 1005(b) Increase Motion service days Service by Mail: within California add 5 days; outside California, but in U.S. add 10 days; outside U.S. add 20 days Serviced by Fax, Express Mail, Overnight Delivery: Add 2 days CRC Rule 313(e) Table of Authorities and Contents are required (over 10 pages) Summary of Argument is required (over 15 pages)

California Litigation Procedures Rules of Court Tentative Ruling CRC Rule 324 Ex parte Application CRC Rule 379(b): Notice by10:00 a.m. the day before hearing Exception (no notice if emergency) Local Rules

California Litigation Procedures 5.Pre Judgment Attachment & Injunctions (C.C.P. § & §§ )

6.Evidence Discovery – Request for Documents Production: Request for Production – 30 days notice is required (C.C.P. § ; § ) Plaintiff may serve Request for Production 10 days after service summons on defendant (C.C.P. § ) Sanctions– file within 45 days after response due date (C.C.P. § ) California Litigation Procedures

– Interrogatories (General or Special): Request for Interrogatories – 30 days notice is required (C.C.P. § ) Plaintiff may serve Request for Interrogatories 10 days after service summons on defendant (C.C.P. § ) 35 Questions maximum – Special Interrogatories, unless with

California Litigation Procedures declaration (C.C.P. § ) Motion to Compel & for Sanctions– file within 45 days after response due date (C.C.P. § ) - Request for Admissions: Request for Admissions – 30 days notice is required (C.C.P. § ) Plaintiff may serve Request for Admissions10 days after service summons on defendant (C.C.P. § )

California Litigation Procedures 35 Questions maximum – Special Interrogatories, unless with declaration (C.C.P. § ) Sanctions– file within 45 days after response due date (C.C.P. § ) ** Attach a Form Interrogatories (No. 17.1) with Request for Admissions - Deposition(C.C.P. § ) a)Party

California Litigation Procedures Notice of Deposition or Notice of Deposition and Request for Production – 10 days notice is required (C.C.P. § ) Plaintiff may serve deposition notice 20 days after service summons on defendant (C.C.P. § ) Place of deposition: 75 miles of the deponents residence or in the county where the action is pending and within 150 miles of the deponents residence (C.C.P. § )

California Litigation Procedures b)Non Party Deposition Subpoena – For Personal Appearance 10 days notice is required (C.C.P. § ) Witness Fees and mileage (C.C.P. § ; Government Code § 68093) Deposition Subpoena – For Production of Business Records only

California Litigation Procedures 15 days after service or 20 days after issuance, whichever date is later (C.C.P. § ) Deposition Subpoena – For Personal Appearance & Production of Records 20 days after issuance subpoena is required (C.C.P. § )

California Litigation Procedures ** If consumer records is requested, (C.C.P. § ; C.C.P. § ; C.C.P. § (b)- serve Notice to Consumer at least 5 days prior to service the Subpoena – For Business Records only or For Personal Appearance & Production of Records *- Expert Discovery (C.C.P. § )

California Litigation Procedures Demand for Exchange of Expert Witness – The deadline for the demand is 10 days after the initial trial date has been set or 70 days before the trial date, whichever is later (C.C.P. § ) Discovery cut-off date: 30 days prior to the initial trial date (C.C.P. § )

California Litigation Procedures Expert Discovey cut-off date: 15 days prior to the initial trial date (C.C.P. § ) Parties may move the court for an order extending the discovery cut-off date (C.C.P. § ) Parties can agree in writing to extend the discovery cut-off date (C.C.P. § )

California Litigation Procedures **Verification (by Responding Party) **Requesting Party retains original notices C.C.P. § 1013 Increase Discovery Response due day Service by Mail: within California add 5 days; outside California, but in U.S. add 10 days; outside U.S. add 20 days Serviced by Fax, Express Mail, Overnight Delivery: Add 2 court days

California Litigation Procedures 7.Pre-Trial Settlement Conference 8.Trial - Judge Trial -Jury Trial 9. Judgment 10. Enforcement 11. Appellate Process