Civil Procedure: Commonly Used Forms: Part Two
In part one, commonly used forms for San Diego County civil actions included defaults, summons, jurisdiction and venue, parties to the action and pre lawsuit forms. In part two, commonly used forms for San Diego County will include case management and trial setting, summary judgment, sanctions, provisional remedies, law and motion, discovery, attacking the pleadings and the pleading forms themselves. As with part one, this is not a comprehensive list and your attorney can assist you with the proper forms for your case.
Commonly used forms for the pleadings themselves include the complaint, official form for the civil case cover sheet, allegations designating parties, venue allegations, official form complaint for personal injury and/or property damage and/or wrongful death with the mandatory attachments for motor vehicle, negligence and premises liability causes of action, contract with official attachments for breach of contract and fraud causes of action, request for statement of damages, verifications, motion for leave to amend complaint to add punitive damages claim, official form answer for personal injury complaint, official form for a general denial, answer, cross complaint, motion for leave to file cross complaint and motion for leave to file amended pleadings and proposed order.
Forms for attacking the pleadings include motion for judgment on the pleadings and proposed order, motion to strike and proposed order, notice of entry of order on demurrer, proposed order for demurrer, demurrer and notice of hearing on demurrer.
Discovery forms are very important and these include notice of deposition, deposition subpoena for personal appearance, deposition subpoena for business records, official form notice to consumer as applicable, official form interrogatories, supplemental interrogatories, specially prepared interrogatories, motion for protective order and sanctions, motion to compel answers to interrogatories, request for admissions, demand for inspection, electronic data preservation letter, demand for physical examination, motion for medical examination and demand for exchange concerning expert witnesses among others.
Law and motion is an extremely technical area and the forms include notice of motion, request for judicial notice, peremptory challenge to a Judge, proof of service by mail, proof of service by electronic facsimile, proof of electronic service, proposed order post hearing, notice of ruling, ex parte motions, substitution of attorney, declaration for motion to be relieved as attorney of record and motions to file records under seal and the proposed order as well as lis pendens and motion to expunge a lis pendens.
Provisional remedies is an area of law which many clients do not understand but can be extremely useful in their civil case. Forms include applications for orders to show cause for temporary restraining orders, motions for preliminary injunctions, request for orders to stop harassment, application for contempt of court, motion to appoint a receiver, application for writ of possession, and applications for writ of attachment among others.
Sanctions can be asked for in certain circumstances and a motion needs to be filed under the Code of Civil Procedure Section 128.7 and be filed with the proposed order for the granting of sanctions.
Summary judgment is a procedure to ask the court for judgment before a trial. Forms include a motion for summary judgment or, in the alternative, for summary adjudication, objections to evidence, as well as proposed orders for the above.
Case management and trial setting forms include the office case management statement, complex case management statement, motions in limine, motion for preference and trial setting, demand for jury trial, motion to consolidate actions and motion for separate trial among others.
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