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

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Presentation on theme: "U.S. LEGAL SYSTEMS – Federal Court Systems – State Court Systems."— Presentation transcript:

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

2 Federal Court Systems US Supreme Court US Court of Appeals US District Courts

3 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)

4 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

5 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

6 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)

7 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)

8 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)

9 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

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

11 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

12 – 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

13 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. § )

14 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

15 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. § )

16 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

17 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. § )

18 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. § )

19 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. § )

20 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. § )

21 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

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


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