Civil Procedure: Selected Forms: Part One

In a personal injury case and civil lawsuit, there are many forms and most are approved by the State of California Judicial Council and are mandatory. Your attorney can make sure the correct and up to date forms are being filed in your case since these do change and need to be updated. The forms listed below also change and are current as of the date of this article and are a sample only of forms which are commonly used in civil cases. Whether your San Diego case is a dog bite, car accident, motorcycle accident, injury, accident or one of many other causes of action, the proper use of these forms is essential for the presentation of your case whether your case settles before trial or at trial. This is not a comprehensive list and is a selection for this article for informational purposes only and you need to meet with your attorney to decide which forms are applicable for your case.

Part one of this article includes pre lawsuit forms, forms for parties to the action, forms for venue and jurisdiction, forms for the summons and forms for default. Part two will discuss forms for the pleadings, attacking the pleadings, law and motion, provisional remedies, sanctions, summary judgment motions, dismissals and case management and trial setting.

For pre lawsuit forms, some of the common ones are the HIPAA authorization, insurance demand [tender] letter, notice of lien, government claim form for State of California; government claim form for San Diego County and San Diego City, application for permission to present late claim; application for leave to file action against governmental entity and notice of hearing; official form for creditor's claim against a decedent, notice of breach of warranty and notice and demand under the consumer's legal remedies act.

Forms for parties to the action include the official form for application and order for appointment of a guardian ad litem, motion to dismiss for failure to join indispensable parties, application for order compelling joinder of a party, application for leave to intervene and proposed order, complaint in the intervention, complaint in interpleader and ex part applications.

Forms for venue and jurisdiction include motion to quash service of summons and a proposed order, motion to stay or dismiss an action for inconvenient form and proposed order, motion to transfer an action which is also known as a motion to change venue, motion to reclassify a limited civil case to an unlimited civil case and a motion to reclassify an unlimited civil case to a limited civil case.

Forms for the summons itself include an official summons form, certificate of grounds for assignment to a court house location in San Diego County, declaration of attempted personal service to support a declaration of due diligence for substitute service, office form of notice and acknowledgment of receipt, application for order for publication, order for publication and application for extension of time to serve as well as the official form for the mandatory proof of service whether personal or substituted such as publication.

Defaults are a very technical area of the law and the forms include the official form for request of entry of default, official form request for default judgment by the clerk, official form for request for court judgment on default, declaration of counsel in support of application for the default judgment by the court, motion for relief from default and the attorney affidavit as supporting a request as applicable for relief from default.

Please feel free to contact us if you are looking for assistance with your pending civil law suit for your confidential and complimentary consultation.