|
CH01
|
Chapter 1
|
ESTABLISHING THE ATTORNEY-CLIENT RELATIONSHIP
|
|
01-001
|
§1.1
|
Questionnaire: Client Interview (Individuals)
|
|
01-002
|
§1.2
|
Questionnaire: Client Interview (Businesses)
|
|
01-003
|
§1.3
|
Sample Letter to Client: Adverse Representation
|
|
01-004
|
§1.4
|
Sample Letter to Corporate Officer: Dual Representation
|
|
01-005
|
§1.5
|
Sample Contingent Fee Agreement
|
|
01-006
|
§1.6
|
Sample Fee Agreement Based on Hourly Rate for Services
|
|
01-007
|
§1.7
|
Disclosure and Consent on Fee Splitting (Referral)
|
|
01-008
|
§1.8
|
Disclosure and Consent on Fee Splitting (Association)
|
|
01-009
|
§1.9
|
Attorney’s Lien Agreement
|
|
CH02
|
Chapter 2
|
PARTICIPATING IN ALTERNATIVE DISPUTE RESOLUTION AND COMPLYING WITH FEE DISPUTE RESOLUTION PROCEDURES
|
|
02-001
|
§2.1
|
Dispute Resolution Agreement
|
|
02-002
|
§2.2
|
Negotiated Submission Agreement
|
|
CH03
|
Chapter 3
|
CHANGING REPRESENTATION DURING SUIT
|
|
03-001
|
§3.1
|
Notice and Substitution of Attorney
|
|
03-003
|
§3.3
|
Notice of Motion for Substitution of Attorney
|
|
03-004
|
§3.4
|
Declaration of Client Supporting Motion for Substitution of Attorney
|
|
03-005
|
§3.5
|
Declaration of Attorney Supporting Motion for Substitution of Attorney
|
|
03-006
|
§3.6
|
Order Substituting Attorney
|
|
03-007
|
§3.7
|
Association of Attorney
|
|
03-008
|
§3.8
|
Application to Appear as Counsel Pro Hac Vice; Notice of Hearing
|
|
03-009
|
§3.9
|
Consent by Client to Continued Representation (Cal Rules of Prof Cond 3.7)
|
|
03-013
|
§3.13
|
Notice of Attorney’s Withdrawal Under CCP §285.1 (Dissolution of Marriage Case)
|
|
03-014
|
§3.14
|
Demand for Appointment of Attorney or Personal Appearance
|
|
CH04
|
Chapter 4
|
PREPARING PRELITIGATION CLAIMS, NOTICES, AND PETITIONS FOR GUARDIANS AD LITEM
|
|
04-001
|
§4.1
|
Claim Against Public Entity
|
|
04-002
|
§4.2
|
Application for Leave to Present Late Claim
|
|
04-003
|
§4.3
|
Petition for Leave to File Civil Action
|
|
04-004
|
§4.4
|
Order Permitting Suit to Be Filed
|
|
04-005
|
§4.5
|
Allegation in Complaint: Compliance With Claim Requirement
|
|
04-006
|
§4.6
|
Notice of Intention to Sue Health Care Provider
|
|
04-007
|
§4.7
|
Certificate of Merit
|
|
04-008
|
§4.8
|
Certificate of Reliance on Res Ipsa Loquitur or Failure to Inform
|
|
04-009
|
§4.9
|
Certificate of Impending Impairment
|
|
04-010
|
§4.10
|
Certificate of Inability to Obtain Consultation
|
|
04-011
|
§4.11
|
Allegation in Complaint: Compliance With Claim Requirement
|
|
CH05
|
Chapter 5
|
APPOINTING GUARDIANS AD LITEM
|
|
05-001
|
§5.1
|
Petition for Appointment of Guardian Ad Litem for Plaintiff
|
|
05-002
|
§5.2
|
Petition for Appointment of Guardian Ad Litem for Defendant
|
|
05-003
|
§5.3
|
Order Appointing Guardian Ad Litem
|
|
05-004
|
§5.4
|
Petition by Guardian Ad Litem for Authorization to Employ Attorney and for Approval of Fee; Order
|
|
05-005
|
§5.5
|
Petition for Order Authorizing Compromise of Claim
|
|
05-006
|
§5.6
|
Order Approving Compromise of Claim of Minor or Person with a Disability
|
|
05-007
|
§5.7
|
Petition for Order Terminating Appointment of Guardian Ad Litem
|
|
05-008
|
§5.8
|
Order Terminating Appointment of Guardian Ad Litem
|
|
CH07
|
Chapter 7
|
DRAFTING COMPLAINTS
|
|
07-001
|
§7.1
|
Sample Complaint
|
|
CH08
|
Chapter 8
|
DECIDING TO AMEND AND SUPPLEMENT COMPLAINTS
|
|
08-001
|
§8.1
|
Amendment to Complaint
|
|
08-002
|
§8.2
|
Stipulation for Filing Amended Complaint or Amendment to Complaint; Order
|
|
08-003
|
§8.3
|
Request for Order Allowing Amendment to Complaint
|
|
08-004
|
§8.4
|
Order Allowing Amendment to Complaint
|
|
08-005
|
§8.5
|
Amendment Substituting True Name for Fictitious Name; Order
|
|
08-006
|
§8.6
|
Notice of Motion to Amend Complaint
|
|
08-007
|
§8.7
|
Order Allowing Amendment of Complaint
|
|
CH09
|
Chapter 9
|
SERVICE OF PROCESS
|
|
09-010
|
§9.10
|
Declaration of Service by Mail (Documents Deposited in Mail)
|
|
09-011
|
§9.11
|
Declaration of Service by Mail (Documents Placed for Collection and Mailing)
|
|
09-012
|
§9.12
|
Attorney Certification of Service by Mail (Documents Deposited in Mail)
|
|
CH10
|
Chapter 10
|
LAW AND MOTION
|
|
10-001
|
§10.1
|
Notice of Motion
|
|
10-002
|
§10.2
|
Memorandum in Support of Motion
|
|
10-003
|
§10.3
|
Declaration Supporting Motion
|
|
10-004
|
§10.4
|
Request for Judicial Notice
|
|
10-005
|
§10.5
|
Application for Order Shortening Time; Order
|
|
10-006
|
§10.6
|
Proposed Order Shortening Time
|
|
10-007
|
§10.7
|
Stipulation Extending Time
|
|
10-008
|
§10.8
|
Memorandum in Opposition to Motion
|
|
10-009
|
§10.9
|
Declaration Opposing Motion
|
|
10-010
|
§10.10
|
Notice of Ruling on Motion
|
|
10-011
|
§10.11
|
Proposed Order
|
|
10-012
|
§10.12
|
Application for Order Extending Time
|
|
10-013
|
§10.13
|
Proposed Order Extending Time
|
|
10-014
|
§10.14
|
Order
|
|
10-015
|
§10.15
|
Application for Ex Parte Order
|
|
10-016
|
§10.16
|
Proposed Ex Parte Order
|
|
10-017
|
§10.17
|
Application for Order to Show Cause and Order
|
|
CH11
|
Chapter 11
|
REMOVAL OR CHANGE OF VENUE
|
|
11-001
|
§11.1
|
Notice of Removal
|
|
11-002
|
§11.2
|
Joinder in Notice of Removal
|
|
11-003
|
§11.3
|
Notice of Motion for Change of Venue
|
|
11-004
|
§11.4
|
Notice of Motion to Retain Venue
|
|
11-005
|
§11.5
|
Declaration Supporting Motion for Change of Venue on Wrong Court Grounds
|
|
11-006
|
§11.6
|
Declaration by Defendant’s Attorney When Motion Made on Wrong Court Grounds
|
|
11-007
|
§11.7
|
Declaration Supporting Motion for Change of Venue for Convenience of Witnesses and Ends of Justice
|
|
11-008
|
§11.8
|
Stipulation and Order Changing Venue
|
|
CH12
|
Chapter 12
|
MOTIONS TO STAY OR DISMISS FOR INCONVENIENT FORUM
|
|
12-001
|
§12.1
|
Notice of Motion to Dismiss or Stay Action
|
|
12-002
|
§12.2
|
Declaration Supporting Motion to Dismiss or Stay Action
|
|
12-003
|
§12.3
|
Request to Take Judicial Notice to Support or Oppose Motion to Dismiss or Stay Action
|
|
12-004
|
§12.4
|
Order Dismissing or Staying Action
|
|
CH13
|
Chapter 13
|
DEMURRERS
|
|
13-001
|
§13.1
|
Notice of Hearing on Demurrer to Complaint
|
|
13-002
|
§13.2
|
Demurrer to Complaint
|
|
13-003
|
§13.3
|
Demurrer to Cross-Complaint
|
|
13-004
|
§13.4
|
Demurrer to Answer
|
|
13-005
|
§13.5
|
Notice of Decision Sustaining or Overruling Demurrer to Complaint
|
|
CH14
|
Chapter 14
|
MOTIONS TO STRIKE
|
|
14-001
|
§14.1
|
Notice of Motion to Strike
|
|
14-002
|
§14.2
|
Order Granting Motion to Strike
|
|
CH14A
|
Chapter 14A
|
ANTI-SLAPP MOTIONS
|
|
14A-001
|
§14A.1
|
Anti-SLAPP Motion and Supporting Papers
|
|
14A-002
|
§14A.2
|
Declaration Example 1
|
|
14A-003
|
§14A.3
|
Declaration Example 2
|
|
14A-004
|
§14A.4
|
Declaration Example 3
|
|
14A-005
|
§14A.5
|
Request for Judicial Notice
|
|
14A-006
|
§14A.6
|
Proposed Order
|
|
14A-007
|
§14A.7
|
Notice to Judicial Council
|
|
CH15
|
Chapter 15
|
ANSWERS
|
|
15-001
|
§15.1
|
Stipulation Extending Time to Respond to Complaint; Order
|
|
15-002
|
§15.2
|
Ex Parte Application for Extension of Time to Respond to Complaint; Order
|
|
15-003
|
§15.3
|
Unverified Answer
|
|
15-003A
|
§15.3A
|
Verified Answer
|
|
15-004
|
§15.4
|
Verification of Answer
|
|
15-005
|
§15.5
|
Amendment to Answer
|
|
15-006
|
§15.6
|
Notice of Motion
|
|
15-007
|
§15.7
|
Memorandum in Support of Motion
|
|
15-008
|
§15.8
|
Declaration
|
|
15-009
|
§15.9
|
Order
|
|
CH16
|
Chapter 16
|
CROSS-COMPLAINTS
|
|
16-001
|
§16.1
|
Notice of Motion for Leave to File Cross-Complaint
|
|
16-002
|
§16.2
|
Sample Declaration Supporting Motion for Leave to File Cross-Complaint
|
|
16-003
|
§16.3
|
Order Granting Leave to File Cross-Complaint
|
|
CH17
|
Chapter 17
|
MOTIONS FOR JUDGMENT ON THE PLEADINGS
|
|
17-001
|
§17.1
|
Notice of Motion for Judgment on Pleadings
|
|
17-002
|
§17.2
|
Order for Judgment on Pleadings
|
|
17-003
|
§17.3
|
Judgment on Pleadings
|
|
17-004
|
§17.4
|
Memorandum Supporting Motion for Judgment on Pleadings
|
|
CH18
|
Chapter 18
|
INTERPLEADER
|
|
18-001
|
§18.1
|
Notice of Motion for Discharge and Substitution or Dismissal
|
|
18-002
|
§18.2
|
Declaration Supporting Motion for Discharge and Substitution or Dismissal
|
|
18-003
|
§18.3
|
Order Discharging Defendant and Substituting Claimant as Defendant
|
|
18-004
|
§18.4
|
Complaint in Interpleader
|
|
18-005
|
§18.5
|
Interlocutory Order in Interpleader by Cross-Complaint
|
|
18-006
|
§18.6
|
Final Judgment in Interpleader
|
|
CH19
|
Chapter 19
|
SECURITY FOR COSTS
|
|
19-001
|
§19.1
|
Notice of Motion for Order Requiring Security
|
|
19-002
|
§19.2
|
Undertaking (CCP §995.330)
|
|
19-003
|
§19.3
|
Notice of Motion for Security for Costs and Attorney Fees (CCP §1030)
|
|
19-004
|
§19.4
|
Declaration Supporting Motion for Order Requiring Security (CCP §1030)
|
|
CH20
|
Chapter 20
|
BILL OF PARTICULARS
|
|
20-001
|
§20.1
|
Demand for Bill of Particulars
|
|
20-002
|
§20.2
|
Bill of Particulars (Book or Ledger Account)
|
|
20-003
|
§20.3
|
Bill of Particulars (Common Counts)
|
|
20-004
|
§20.4
|
Letter Demanding Further Bill of Particulars
|
|
20-005
|
§20.5
|
Notice of Motion for Further Bill of Particulars
|
|
20-006
|
§20.6
|
Declaration Supporting Motion for Further Bill of Particulars
|
|
20-007
|
§20.7
|
Order for Further Bill of Particulars
|
|
20-008
|
§20.8
|
Letter Demanding Bill of Particulars After Party’s Failure to Deliver
|
|
20-009
|
§20.9
|
Notice of Motion to Preclude Introduction of Evidence at Trial
|
|
20-010
|
§20.10
|
Declaration Supporting Motion to Preclude Introduction of Evidence at Trial
|
|
20-011
|
§20.11
|
Order Precluding Introduction of Evidence at Trial
|
|
CH21
|
Chapter 21
|
INJUNCTIONS AND OTHER PROVISIONAL REMEDIES
|
|
21-001
|
§21.1
|
Complaint for Injunctive Relief
|
|
21-002
|
§21.2
|
Declaration Supporting Temporary Restraining Order and Preliminary Injunction
|
|
21-003
|
§21.3
|
Order to Show Cause and Temporary Restraining Order
|
|
21-004
|
§21.4
|
Notice of Motion for Preliminary Injunction
|
|
21-005
|
§21.5
|
Preliminary Injunction and Order for Undertaking
|
|
21-006
|
§21.6
|
Order Denying Preliminary Injunction
|
|
21-007
|
§21.7
|
Undertaking by Surety on Preliminary Injunction
|
|
21-008
|
§21.8
|
Declaration of Personal Surety’s Qualifications
|
|
CH22
|
Chapter 22
|
RECEIVERSHIP
|
|
22-001
|
§22.1
|
Notice of Motion for Order Appointing Receiver
|
|
22-002
|
§22.2
|
Order Appointing Receiver
|
|
22-003
|
§22.3
|
Application for Ex Parte Order Appointing Receiver and for Order to Show Cause re Confirmation of Appointment
|
|
22-004
|
§22.4
|
Order Appointing Receiver and Order to Show Cause Why Ex Parte Appointment Should Not Be Confirmed; Temporary Restraining Order
|
|
22-005
|
§22.5
|
Order Confirming Ex Parte Appointment of Receiver
|
|
22-006
|
§22.6
|
Oath of Receiver
|
|
22-007
|
§22.7
|
Declaration of Receiver Supporting Order Authorizing Employment of Counsel
|
|
22-008
|
§22.8
|
Order Authorizing Receiver to Employ General Counsel
|
|
CH23
|
Chapter 23
|
DEPOSIT IN COURT
|
|
23-001
|
§23.1
|
Notice of Motion for Deposit in Court or Delivery of Property
|
|
23-002
|
§23.2
|
Declaration Supporting Motion for Deposit in Court or Delivery of Property
|
|
23-003
|
§23.3
|
Order for Deposit in Court or Delivery of Property
|
|
23-004
|
§23.4
|
Declaration for CCP §574 Enforcement Order
|
|
23-005
|
§23.5
|
Enforcement Order Under CCP §574
|
|
CH24
|
Chapter 24
|
DECLARATORY RELIEF
|
|
24-001
|
§24.1
|
Complaint for Declaratory Relief on Contract
|
|
24-002
|
§24.2
|
Complaint for Declaratory Relief on Statute or Ordinance
|
|
24-003
|
§24.3
|
Judgment for Declaratory Relief
|
|
CH25
|
Chapter 25
|
ELECTRONIC DATA AND DISCOVERY
|
|
25-001
|
§25.1
|
Electronic Data to Page Estimation
|
|
25-002
|
§25.2
|
Legal Hold Letter
|
|
25-003
|
§25.3
|
Document Creation Reminders
|
|
25-004
|
§25.4
|
Identifying Data
|
|
25-005
|
§25.5
|
Preservation Letter
|
|
25-006
|
§25.6
|
Chain-of-Custody Log
|
|
CH26
|
Chapter 26
|
TAKING DEPOSITIONS
|
|
26-001
|
§26.1
|
Notice of Deposition
|
|
26-004
|
§26.4
|
Ex Parte Application for Order Shortening Time for Serving Notice of Deposition
|
|
26-005
|
§26.5
|
Other Party’s Notice of Intention to Audio or Video Record Deposition
|
|
26-006
|
§26.6
|
Other Party’s Notice of Intention to Appear at Deposition by Telephone, Video Conference, or Other Electronic Means
|
|
26-007
|
§26.7
|
Stipulation for Taking Deposition
|
|
26-009
|
§26.9
|
Declaration Accompanying Production of Business Records (Custodian or Other Qualified Witness)
|
|
26-010
|
§26.10
|
Declaration Accompanying Production of Business Records (Deposition Officer)
|
|
26-011
|
§26.11
|
Declaration Accompanying Production of Business Records (Attorney’s Representative)
|
|
26-013
|
§26.13
|
Notice of Motion and Motion to Quash Deposition Notice and for Sanctions
|
|
26-014
|
§26.14
|
Declaration Supporting Motion to Quash Deposition Notice and for Sanctions
|
|
26-015
|
§26.15
|
Notice of Motion for Order Authorizing Deposition to Perpetuate Testimony
|
|
26-016
|
§26.16
|
Petition for Order Authorizing Deposition to Perpetuate Testimony
|
|
26-017
|
§26.17
|
Order Authorizing Deposition to Perpetuate Testimony
|
|
CH27
|
Chapter 27
|
TAKING AND DEFENDING ORAL DEPOSITIONS
|
|
27-002
|
§27.2
|
Notice of Motion and Motion for Order That Deposition Be Terminated or Limited; Request for Sanctions
|
|
27-003
|
§27.3
|
Memorandum Supporting Motion for Order That Deposition Be Terminated or Limited
|
|
27-004
|
§27.4
|
Declaration Supporting Motion for Protective Order
|
|
27-006
|
§27.6
|
Notice of Motion and Motion to Compel Answers to Questions and Production of Documents at Deposition
|
|
27-007
|
§27.7
|
Memorandum Supporting Motion to Compel Answers to Questions and Production of Documents at Deposition
|
|
27-008
|
§27.8
|
Declaration Supporting Motion to Compel Answers to Questions and Production of Documents at Deposition
|
|
27-009
|
§27.9
|
Separate Statement Listing Questions to Be Answered and Documents to Be Produced
|
|
27-010
|
§27.10
|
Order to Answer Questions and Produce Documents at Deposition and to Pay Sanctions
|
|
CH28
|
Chapter 28
|
INTERROGATORIES
|
|
28-002
|
§28.2
|
Declaration Supporting Request for Additional Discovery
|
|
28-003
|
§28.3
|
Format of Specially Prepared Interrogatories
|
|
28-004
|
§28.4
|
Letter to Client Accompanying Interrogatories
|
|
28-005
|
§28.5
|
Response to Interrogatories; Verification
|
|
28-006
|
§28.6
|
Notice of Motion and Motion for Order Compelling Answers or Further Answers to Interrogatories and for Sanctions
|
|
28-007
|
§28.7
|
Memorandum Supporting Motion for Order Compelling Answers (or Further Answers) to Interrogatories and for Sanctions
|
|
28-008
|
§28.8
|
Declaration Supporting Motion for Order Compelling Answers or Further Answers to Interrogatories and for Sanctions
|
|
28-009
|
§28.9
|
Separate Statement Listing Interrogatories to Which Further Responses Are Requested
|
|
28-010
|
§28.10
|
Order Compelling or Denying Answers or Further Answers to Interrogatories and for Sanctions
|
|
28-011
|
§28.11
|
Notice of Motion and Motion for Order Imposing Sanctions
|
|
28-012
|
§28.12
|
Declaration Supporting Motion for Order Imposing Sanctions
|
|
28-013
|
§28.13
|
Order Imposing Sanctions
|
|
28-014
|
§28.14
|
Notice of Motion and Motion for Protective Order
|
|
28-015
|
§28.15
|
Memorandum Supporting Motion for Protective Order
|
|
28-016
|
§28.16
|
Declaration Supporting Motion for Protective Order
|
|
28-017
|
§28.17
|
Order Limiting Discovery
|
|
CH29
|
Chapter 29
|
DEMANDS FOR INSPECTION AND PRIVILEGE LOGS
|
|
29-001
|
§29.1
|
Stipulated Provisions Concerning Related Activities
|
|
29-002
|
§29.2
|
Stipulation for Inspection
|
|
29-003
|
§29.3
|
Demand for Inspection
|
|
29-004
|
§29.4
|
Response to Demand for Inspection
|
|
29-005
|
§29.5
|
Stipulation for Protective Order (Confidential Information); Order
|
|
29-006
|
§29.6
|
Notice of Motion and Motion for Order Compelling Response to Demand for Inspection and for Sanction
|
|
29-007
|
§29.7
|
Declaration Supporting Motion for Order Compelling Response and for Sanction
|
|
29-008
|
§29.8
|
Notice of Motion and Motion to Compel Further Response
|
|
29-009
|
§29.9
|
Notice of Motion and Motion to Compel Compliance in Accordance With Prior Response
|
|
29-010
|
§29.10
|
Sample Written Agreement to Preserve Confidentiality of Information Exchanged in Course of Joint Defense
|
|
29-011
|
§29.11
|
Privilege Log
|
|
CH30
|
Chapter 30
|
REQUESTS FOR ADMISSION
|
|
30-002
|
§30.2
|
Sample Requests for Admission
|
|
30-003
|
§30.3
|
Sample Requests for Admission (Electronic Documents)
|
|
30-004
|
§30.4
|
Declaration for Additional Discovery
|
|
30-005
|
§30.5
|
Stipulated Admissions
|
|
30-006
|
§30.6
|
Sample Response to Requests for Admission
|
|
30-007
|
§30.7
|
Stipulation Extending Time to Respond
|
|
30-008
|
§30.8
|
Application for Order Extending Time to Respond to Requests for Admission
|
|
30-009
|
§30.9
|
Notice of Motion and Motion for Order Extending Time to Respond
|
|
30-010
|
§30.10
|
Order Extending Time to Respond
|
|
30-011
|
§30.11
|
Notice of Motion and Motion for Order Relieving Responding Party From Waiver of Objections to Requests for Admission
|
|
30-012
|
§30.12
|
Declaration Supporting Motion for Order Relieving Responding Party From Waiver of Objections to Requests for Admission
|
|
30-013
|
§30.13
|
Notice of Motion and Motion for Protective Order Concerning Requests for Admission
|
|
30-014
|
§30.14
|
Protective Order Concerning Requests for Admission
|
|
30-015
|
§30.15
|
Notice of Motion and Motion for Order That Requests for Admission Be Deemed Admitted
|
|
30-016
|
§30.16
|
Declaration Supporting Motion That Requests for Admission Be Deemed Admitted
|
|
30-017
|
§30.17
|
Order That Requests for Admission Be Deemed Admitted
|
|
30-018
|
§30.18
|
Notice of Motion and Motion for Order Compelling Further Response to Requests for Admission
|
|
30-019
|
§30.19
|
Declaration Supporting Motion for Order Compelling Further Response to Requests for Admission
|
|
30-020
|
§30.20
|
Separate Statement Listing Requests and Responses
|
|
30-021
|
§30.21
|
Order Compelling Further Response to Requests for Admission
|
|
30-022
|
§30.22
|
Declaration Opposing Motion for Order Compelling Further Response to Requests for Admission
|
|
30-023
|
§30.23
|
Notice of Motion and Motion for Order Withdrawing or Amending Admissions
|
|
30-024
|
§30.24
|
Declaration Supporting Motion for Order Amending or Withdrawing Admissions
|
|
30-025
|
§30.25
|
Order Withdrawing or Amending Admissions
|
|
30-026
|
§30.26
|
Application for Order Requiring Payment of Expenses of Proof
|
|
30-027
|
§30.27
|
Declaration Opposing Motion for Order Requiring Payment of Expenses of Proof
|
|
CH31
|
Chapter 31
|
PHYSICAL AND MENTAL EXAMINATION
|
|
31-001
|
§31.1
|
Demand for Physical Examination of Plaintiff
|
|
31-002
|
§31.2
|
Response to Demand for Physical Examination of Plaintiff
|
|
31-003
|
§31.3
|
Notice of Motion and Motion to Compel Compliance With Demand for Physical Examination of Plaintiff
|
|
31-004
|
§31.4
|
Declaration Supporting Motion to Compel Compliance With Demand for Physical Examination of Plaintiff
|
|
31-005
|
§31.5
|
Stipulation for Physical Examination
|
|
31-006
|
§31.6
|
Stipulation for Mental Examination
|
|
31-007
|
§31.7
|
Notice of Motion and Motion for Physical or Mental Examination of Plaintiff
|
|
31-008
|
§31.8
|
Declaration Supporting Motion for Physical or Mental Examination
|
|
31-009
|
§31.9
|
Order for Physical or Mental Examination
|
|
31-010
|
§31.10
|
Demand for Copy of Report of Physical or Mental Examination
|
|
31-011
|
§31.11
|
Notice of Motion and Motion for Order for Genetic Tests
|
|
31-012
|
§31.12
|
Declaration Supporting Motion for Genetic Tests
|
|
CH32
|
Chapter 32
|
EXCHANGE OF EXPERT INFORMATION
|
|
32-001
|
§32.1
|
Demand for Exchange of Expert Trial Witness Information
|
|
32-002
|
§32.2
|
Written Exchange of Required Expert Witness Information; Expert Witness Declaration
|
|
CH33
|
Chapter 33
|
DEPOSITIONS IN OTHER STATES
|
|
33-001
|
§33.1
|
Notice of Out-of-State Deposition on Oral Examination
|
|
33-002
|
§33.2
|
Ex Parte Application for Order Issuing Commission and Appointing Person to Take Out-of-State Deposition
|
|
33-003
|
§33.3
|
Declaration Supporting Ex Parte Application for Order Issuing Commission
|
|
33-004
|
§33.4
|
Order That Commission Issue
|
|
33-005
|
§33.5
|
Commission to Take Out-of-State Deposition
|
|
CH34
|
Chapter 34
|
DISCOVERY IN OTHER NATIONS
|
|
34-001
|
§34.1
|
Sample Letter of Request Recommended for Use in Applying Hague Evidence Convention on Taking of Evidence Abroad in Civil or Commercial Matters
|
|
34-002
|
§34.2
|
Sample Letter Rogatory Recommended for Use in Applying Inter-American Convention on Letters Rogatory
|
|
34-003
|
§34.3
|
Sample Letter Rogatory for Use in Absence of Treaties
|
|
34-004
|
§34.4
|
Notice of Motion and Motion for Order Issuing Commission to Take Deposition Abroad
|
|
34-005
|
§34.5
|
Memorandum Supporting Motion for Order Issuing Commission to Take Deposition Abroad
|
|
34-006
|
§34.6
|
Declaration Supporting Motion for Order Issuing Commission to Take Deposition Abroad
|
|
34-007
|
§34.7
|
Order That Commission Issue to Take Deposition Abroad
|
|
34-008
|
§34.8
|
Commission to Take Deposition of Witness
|
|
CH36
|
Chapter 36
|
DISCOVERY MOTION PRACTICE AND SANCTIONS
|
|
36-001
|
§36.1
|
Sample Proposed Order Granting Application for Order Shortening Time
|
|
36-002
|
§36.2
|
Sample Order on Motion to Compel
|
|
CH37
|
Chapter 37
|
SUMMARY JUDGMENT
|
|
37-001
|
§37.1
|
Sample Defendant’s Notice of Motion for Summary Judgment or Summary Adjudication
|
|
37-002
|
§37.2
|
Sample Defendant’s Memorandum in Support of Motion for Summary Judgment or Summary Adjudication
|
|
37-003
|
§37.3
|
Sample Declaration Supporting Defendant’s Motion for Summary Judgment or Summary Adjudication
|
|
37-004
|
§37.4
|
Sample Defendant’s Separate Statement of Undisputed Material Facts
|
|
37-005
|
§37.5
|
Sample Defendant’s Proposed Order Granting Summary Judgment
|
|
37-006
|
§37.6
|
Sample Defendant’s Proposed Order Granting Summary Adjudication
|
|
37-007
|
§37.7
|
Sample Plaintiff’s Response to Separate Statement of Disputed and Undisputed Facts
|
|
37-008
|
§37.8
|
Sample Plaintiff’s Proposed Order Denying Summary Judgment and Summary Adjudication
|
|
37-009
|
§37.9
|
Order for Entry of Summary Judgment
|
|
37-010
|
§37.10
|
Judgment by Court Under CCP §437c
|
|
37-011
|
§37.11
|
Order Denying Motion for Summary Judgment
|
|
37-012
|
§37.12
|
Notice of Motion for Reconsideration of Order Granting Motion for Summary Judgment
|
|
37-013
|
§37.13
|
Notice of Intention to Move for New Trial
|
|
CH38
|
Chapter 38
|
JUDICIAL ARBITRATION
|
|
38-001
|
§38.1
|
Stipulation to Submit to Judicial Arbitration
|
|
38-002
|
§38.2
|
Plaintiff’s Election of Judicial Arbitration
|
|
38-003
|
§38.3
|
Stipulation to Judicial Arbitrator
|
|
38-004
|
§38.4
|
Rejection of Arbitrator
|
|
38-005
|
§38.5
|
Plaintiff’s Notice of Intention to Introduce Documents and Depositions Into Evidence
|
|
38-006
|
§38.6
|
Demand That Witness Appear and Testify in Person
|
|
CH39
|
Chapter 39
|
DEFAULT
|
|
39-002
|
§39.2
|
Declaration on Open Book Account
|
|
39-003
|
§39.3
|
Default Judgment by Court
|
|
39-004
|
§39.4
|
Notice of Motion to Set Aside Default and Default Judgment
|
|
39-005
|
§39.5
|
Declaration Supporting Motion to Set Aside Entry of Default and Default Judgment
|
|
39-006
|
§39.6
|
Order Staying Execution and Shortening Time
|
|
39-007
|
§39.7
|
Order Setting Aside Entry of Default and Default Judgment
|
|
CH40
|
Chapter 40
|
DISMISSAL
|
|
40-001
|
§40.1
|
Notice of Motion to Dismiss
|
|
40-002
|
§40.2
|
Declaration Supporting Motion to Dismiss
|
|
40-003
|
§40.3
|
Order of Dismissal
|
|
40-004
|
§40.4
|
Notice of Entry of Dismissal
|
|
40-007
|
§40.7
|
Judgment of Dismissal
|
|
CH41
|
Chapter 41
|
DEMANDS FOR SETTLEMENT
|
|
41-001
|
§41.1
|
Sample Demand Letter—Wrongful Death Case
|
|
41-002
|
§41.2
|
Sample Demand Letter—Personal Injury Case
|
|
41-004
|
§41.4
|
Defendant’s CCP §998 Offer to Compromise, Plaintiff’s Acceptance, and Request to Enter Judgment
|
|
41-005
|
§41.5
|
Plaintiff’s CCP §998 Offer to Compromise, Defendant’s Acceptance, and Request to Enter Judgment
|
|
41-006
|
§41.6
|
Notice of Motion to Determine Good Faith of Settlement
|
|
41-007
|
§41.7
|
Declaration Supporting Motion to Determine Good Faith of Settlement
|
|
41-008
|
§41.8
|
Notice of Settlement
|
|
41-009
|
§41.9
|
Application for Determination of Good Faith of Settlement
|
|
41-010
|
§41.10
|
Proposed Order Determining Good Faith of Settlement
|
|
41-011
|
§41.11
|
Declaration Supporting Application for Determination of Good Faith of Settlement
|
|
CH42
|
Chapter 42
|
SUBMISSION OF AGREED CASE
|
|
42-001
|
§42.1
|
Submission of Agreed Case
|
|
42-002
|
§42.2
|
Declaration Supporting Submission of Agreed Case
|
|
42-003
|
§42.3
|
Stipulation to Agreed Facts in Pending Action
|
|
42-004
|
§42.4
|
Stipulation for Judgment
|
|
CH43
|
Chapter 43
|
CONSENT JUDGMENT
|
|
43-002
|
§43.2
|
Judgment Pursuant to Stipulation
|
|
CH44
|
Chapter 44
|
INTERVENTION
|
|
44-001
|
§44.1
|
Declaration for Order Granting Leave to Intervene
|
|
44-002
|
§44.2
|
Order Granting Leave to Intervene (Ex Parte)
|
|
44-003
|
§44.3
|
Declaration for Order to Show Cause re Intervention
|
|
44-004
|
§44.4
|
Order to Show Cause Why Leave to Intervene Should Not Be Granted
|
|
44-005
|
§44.5
|
Notice of Motion for Leave to Intervene
|
|
44-006
|
§44.6
|
Order Granting Leave to Intervene (After Hearing)
|
|
44-007
|
§44.7
|
Complaint in Intervention
|
|
CH45
|
Chapter 45
|
CONSOLIDATION AND SEVERANCE
|
|
45-001
|
§45.1
|
Notice of Motion to Consolidate Actions or Issues
|
|
45-002
|
§45.2
|
Declaration Supporting Motion to Consolidate Actions or Issues
|
|
45-003
|
§45.3
|
Order Consolidating Actions or Issues
|
|
45-004
|
§45.4
|
Stipulation to Sever; Order
|
|
45-005
|
§45.5
|
Notice of Motion to Sever Actions or Issues
|
|
45-006
|
§45.6
|
Order Severing Actions or Issues
|
|
CH46
|
Chapter 46
|
COORDINATION
|
|
46-001
|
§46.1
|
Motion to Transfer Action for Coordination
|
|
46-002
|
§46.2
|
Declaration in Support of Motion to Transfer for Coordination
|
|
46-003
|
§46.3
|
Petition for Coordination
|
|
46-004
|
§46.4
|
Declaration in Support of Petition for Coordination
|
|
46-005
|
§46.5
|
Notice of Submission of Coordination Petition
|
|
46-006
|
§46.6
|
Application for Stay Order
|
|
46-007
|
§46.7
|
Statement Opposing Application for Stay Order
|
|
46-008
|
§46.8
|
Statement Opposing Petition for Coordination
|
|
46-009
|
§46.9
|
Statement Supporting Petition for Coordination
|
|
46-010
|
§46.10
|
Proposed Preliminary Trial Conference Agenda
|
|
46-011
|
§46.11
|
Proposed Preliminary Trial Conference Order
|
|
46-012
|
§46.12
|
Motion for Remand of Action or Claim
|
|
46-013
|
§46.13
|
Motion for Transfer of Action or Claim
|
|
46-014
|
§46.14
|
Petition to Coordinate Add-on Case
|
|
CH47
|
Chapter 47
|
BRINGING CASE TO TRIAL
|
|
47-005
|
§47.5
|
Notice of Motion to Advance, Specially Set, or Reset Case for Trial
|
|
47-006
|
§47.6
|
Declaration Supporting Motion to Advance, Specially Set, or Reset Case for Trial
|
|
47-007
|
§47.7
|
Notice of Motion for Continuance of Trial
|
|
47-008
|
§47.8
|
Declaration Supporting Motion for Continuance of Trial
|
|
CH48
|
Chapter 48
|
PRETRIAL
|
|
48-003
|
§48.3
|
Declaration Supporting Subpoena Duces Tecum (CCP §1985)
|
|
48-004
|
§48.4
|
Sample Letter Accompanying Subpoena or Subpoena Duces Tecum
|
|
48-005
|
§48.5
|
Acknowledgment of Service of Subpoena and Agreement of Witness to Appear on Call (CCP §1985.1)
|
|
48-008
|
§48.8
|
Declaration of Custodian of Records (Evid C §1561(a))
|
|
48-009
|
§48.9
|
Declaration of Person Copying Records (Evid C §1561(c))
|
|
48-010
|
§48.10
|
Ex Parte Application for Order to Serve Concealed Witness (CCP §1988)
|
|
48-011
|
§48.11
|
Supporting Declaration of Attorney (CCP §1988)
|
|
48-012
|
§48.12
|
Supporting Declaration of Process Server (CCP §1988)
|
|
48-013
|
§48.13
|
Order for Sheriff to Serve Concealed Witness (CCP §1988)
|
|
48-014
|
§48.14
|
Notice of Motion and Motion for Removal and Production of Prisoner at Trial (CCP §§1995-1997)
|
|
48-015
|
§48.15
|
Declaration Supporting Motion for Removal and Production of Prisoner at Trial (CCP §§1995-1997)
|
|
48-016
|
§48.16
|
Notice to Attend Trial (CCP §1987(b))
|
|
48-017
|
§48.17
|
Notice to Attend and Produce Evidence at Trial (CCP §1987(b)-(c))
|
|
48-018
|
§48.18
|
Notice of Motion to Quash Service of Subpoena Duces Tecum (Trial) (CCP §§1987.1-1987.2)
|
|
48-019
|
§48.19
|
Declaration Supporting Motion to Quash Subpoena Duces Tecum (Trial) (CCP §§1987.1-1987.2)
|
|
48-020
|
§48.20
|
Written Objections to Notice to Attend and Produce Evidence at Trial (CCP §1987(c))
|
|
48-021
|
§48.21
|
Notice of Motion to Continue Trial
|
|
48-022
|
§48.22
|
Written Statement Challenging Judge for Cause (CCP §170.3(c)(1))
|
|
48-023
|
§48.23
|
Peremptory Challenge and Declaration in Support of Challenge (CCP §170.6)
|
|
48-024
|
§48.24
|
Consent of Client to Continued Representation by Attorney Who Will Testify at Trial (Cal Rules of Prof Cond 3.7)
|
|
48-025
|
§48.25
|
Example: Sample Motion In Limine
|
|
48-027
|
§48.27
|
Request for Judicial Notice at Trial (Evid C §§452-453)
|
|
48-028
|
§48.28
|
Proposed Jury Instruction Regarding Judicially Noticed Matter
|
|
CH49
|
Chapter 49
|
TRIAL MOTIONS
|
|
49-001
|
§49.1
|
Motion for Judgment of Nonsuit (CCP §581c)
|
|
49-002
|
§49.2
|
Judgment of Nonsuit (After Opening Statement) (CCP §581c)
|
|
49-003
|
§49.3
|
Judgment of Nonsuit (After Close of Evidence) (CCP §581c)
|
|
49-004
|
§49.4
|
Notice of Motion for Judgment (CCP §630(f))
|
|
49-005
|
§49.5
|
Order for Entry of Judgment (CCP §630(f))
|
|
49-006
|
§49.6
|
Motion for Directed Verdict (CCP §630)
|
|
49-007
|
§49.7
|
Judgment on Directed Verdict (CCP §630)
|
|
49-008
|
§49.8
|
Motion for Judgment Under CCP §631.8
|
|
49-009
|
§49.9
|
Judgment on Motion Under CCP §631.8
|
|
49-010
|
§49.10
|
Notice of Motion to Reopen Case (CCP §607(6))
|
|
49-011
|
§49.11
|
Motion for Leave to Amend Pleadings to Conform to Proof
|
|
49-012
|
§49.12
|
Order Granting Leave to Amend
|
|
49-013
|
§49.13
|
Amendment to Pleading
|
|
CH50
|
Chapter 50
|
JURY TRIALS
|
|
50-001
|
§50.1
|
Sample Request for Jury Instructions and Index
|
|
50-002
|
§50.2
|
Sample CACI Instruction
|
|
50-003
|
§50.3
|
Sample Special Instruction
|
|
50-004
|
§50.4
|
Jury Instruction
|
|
50-005
|
§50.5
|
General Verdict Form (CACI VF-5000—Two-Party Lawsuit, Single Cause of Action)
|
|
50-006
|
§50.6
|
General Verdict (One Plaintiff, Two Defendants, Cross-Complaint)
|
|
50-007
|
§50.7
|
Jury Instruction
|
|
50-008
|
§50.8
|
Special Findings on General Verdict
|
|
50-009
|
§50.9
|
Jury Instruction (CACI 5012)
|
|
50-010
|
§50.10
|
Special Verdict
|
|
CH51
|
Chapter 51
|
MOTIONS AFTER TRIAL
|
|
51-001
|
§51.1
|
Notice of Motion for JNOV (CCP §629)
|
|
51-002
|
§51.2
|
Order Granting or Denying JNOV (CCP §629)
|
|
51-003
|
§51.3
|
Notice of Intention to Move for New Trial (Jury Trial) (CCP §§657-661)
|
|
51-004
|
§51.4
|
Notice of Intention to Move for New Trial (Bench Trial) (CCP §§657-662)
|
|
51-005
|
§51.5
|
Order Granting Motion for New Trial
|
|
51-006
|
§51.6
|
Order Denying Motion for New Trial
|
|
51-007
|
§51.7
|
Notice of Motion to Vacate Judgment and Enter Different Judgment (CCP §663)
|
|
51-008
|
§51.8
|
Order Granting Motion to Vacate Judgment and Enter Different Judgment (Jury’s Special Verdict) (CCP §663)
|
|
51-009
|
§51.9
|
Order Granting Motion to Vacate Judgment and Enter Different Judgment (Court’s Statement of Decision) (CCP §663)
|
|
51-010
|
§51.10
|
Notice of Motion to Correct Clerical Error (CCP §473)
|
|
51-011
|
§51.11
|
Order Granting Motion to Correct Clerical Error (CCP §473)
|
|
CH52
|
Chapter 52
|
JUDGMENTS
|
|
52-001
|
§52.1
|
Judgment on Verdict in Jury Trial
|
|
52-002
|
§52.2
|
Judgment After Bench Trial
|
|
52-003
|
§52.3
|
Alternative Judgment for Plaintiff in Bench Trial
|
