Podcast
Questions and Answers
What is the required size for all papers filed in the trial courts?
What is the required size for all papers filed in the trial courts?
Which font styles are deemed acceptable for use in filed papers?
Which font styles are deemed acceptable for use in filed papers?
What is the minimum font size required for papers filed in the trial courts?
What is the minimum font size required for papers filed in the trial courts?
What is the required margin size for the left side of each page?
What is the required margin size for the left side of each page?
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What color must the font be in papers filed in the trial courts?
What color must the font be in papers filed in the trial courts?
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How should the spacing of lines in filed papers be formatted?
How should the spacing of lines in filed papers be formatted?
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What must a person use when serving and filing a Judicial Council form?
What must a person use when serving and filing a Judicial Council form?
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What is required for a motion for sanctions under Rule 2.30?
What is required for a motion for sanctions under Rule 2.30?
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Which of the following is a requirement for filing citations in court documents?
Which of the following is a requirement for filing citations in court documents?
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What is the maximum time allowed to serve a complaint and summons on named defendants after filing the complaint?
What is the maximum time allowed to serve a complaint and summons on named defendants after filing the complaint?
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When amends are made to doe in a defendant, how long does the party have to serve the amended complaint?
When amends are made to doe in a defendant, how long does the party have to serve the amended complaint?
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What action must a plaintiff take if a responsive pleading is not served within the specified time limits?
What action must a plaintiff take if a responsive pleading is not served within the specified time limits?
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What is the time limit for obtaining a default judgment after a default has been entered?
What is the time limit for obtaining a default judgment after a default has been entered?
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How many days in advance must responsive papers to an order to show cause be filed and served before the hearing?
How many days in advance must responsive papers to an order to show cause be filed and served before the hearing?
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Under Rule 2.117, what must copies of served papers conform to?
Under Rule 2.117, what must copies of served papers conform to?
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Which of the following is NOT required for each cause of action according to Rule 2.112?
Which of the following is NOT required for each cause of action according to Rule 2.112?
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In Rule 2.112, what is the required format for stating each separately stated cause of action?
In Rule 2.112, what is the required format for stating each separately stated cause of action?
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What does the term 'conformed copies' refer to in the context of Rule 2.117?
What does the term 'conformed copies' refer to in the context of Rule 2.117?
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What must a party include when applying for permission to file a longer memorandum?
What must a party include when applying for permission to file a longer memorandum?
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When must a court make its tentative ruling available?
When must a court make its tentative ruling available?
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What is required if a party wishes to appear for oral argument regarding a tentative ruling?
What is required if a party wishes to appear for oral argument regarding a tentative ruling?
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What must each court provide to the plaintiff at the time the complaint is filed in general civil cases?
What must each court provide to the plaintiff at the time the complaint is filed in general civil cases?
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Who is responsible for serving a copy of the ADR information package on each defendant?
Who is responsible for serving a copy of the ADR information package on each defendant?
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Which statement accurately reflects the limitation on filing a deposition notice?
Which statement accurately reflects the limitation on filing a deposition notice?
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What does the court require regarding the filing of papers related to discovery requests?
What does the court require regarding the filing of papers related to discovery requests?
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Study Notes
California Rules of Court & Personal Injury Litigation
- California Rules of Court were first adopted in 1943
- Previously, each court had its own procedural rules
- The Rules of Court now provide uniformity and standardization in the state's legal system
- These rules govern how California state courts operate, promoting fairness and consistency
- Cover topics like: how cases are initiated, document filing, trial procedures, and appeals
- Not legislative; 1 of 29 Codes
- The Judicial Council of California oversees the rules
- Ensures consistent, independent, impartial, and accessible administration of justice
- Regularly reviewed and updated to reflect changes in law and practice
Titles
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Title 1 - Rules Applicable to All Courts, sections 1.1 to 1.300
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Chapter details: Timing and Holidays (sections 1.10-1.11); Service and Filing (sections 1.20-1.22); Judicial Council Forms (sections 1.30-1.51); Form and Format of Papers (sections 1.200-1.201)
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Rule 1.10: Time for actions (a) Computation of time - time computation excludes the first day and includes the last, excluding Saturday, Sunday, or other legal holidays. (b) Holidays - if the last day for action falls on a Saturday, Sunday, or holiday, the period is extended to the next business day
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Rule 1.21: Service-(a) Service on a party or attorney - service must be made on the party's attorney (if represented); (b)"Serve and file" - means that a copy of the document must be served on each representative for each party and a completed proof of service filed with the court; (c) "Proof of Service" - a declaration stating that service has been made according to (a) and (b)
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Title 1 - Rules Applicable to All Courts: Judicial Council Forms • Rule 1.31: Mandatory forms - uses forms prescribed by Government Code section 68511. Alternative mandatory forms may be used. • Rule 1.37: Use of forms- must use current version of forms adopted by the Judicial Council. • Rule 1.41: Proofs of service on forms - proof of service is included in some forms. Parties can use included proof or other appropriate proof.
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Title 1 - Rules Applicable to All Courts: Format of Citations • Rule 1.200: Format of citations- Citations to cases and other authorities must use either the California Style Manual or The Bluebook; same style throughout.
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Title 2 - Trial Court Rules • Rules applicable to Superior Courts, including case management, civil proceedings (among others) • Important divisions; sections 2.1-2.30; 2.100-2.150; 2.200-2.306
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(a) Preemption of local rules - local rules on form/format of papers are preempted by Judicial Council rules.
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(Rule 2.100 -Form and format) Judicial Council has preempted local rules
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Rule 2.103: Size, quality, and color of papers - all papers must be 8.5 x 11 inches, opaque, unglazed paper, white or unbleached, of standard quality, not less than 20-pound weight.
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Rule 2.104: Font size, printing - font size must be at least 12 points
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Rule 2.105: Font style
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Rule 2.106: Font color - black or blue-black
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Rule 2.107: Margins - left margin at least 1 inch, right margin at least 1/2 inch
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Rule 2.108: Spacing and numbering of Lines - spacing must be 1.5 or double-spaced; line numbers must be consecutive at left margin.
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Rule 2.109: Page numbering - Each page must be numbered consecutively.
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Rule 2.117: Conformed copies
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Rule 2.112: Separate causes of action, counts, and defenses
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Rule 2.118: Acceptance of papers for filing - clerks must refuse papers that do not comply with rules
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Title 3 - Civil Rules
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Superior Courts; Rules specific to civil cases (including personal injury claims); case management; format of court papers; pleadings; discovery; alternative dispute resolution (ADR); and trials.
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Important Divisions: Filing and Service, Parties and Actions, Civil Case Management, Alternate Dispute Resolution, Discovery, Law and Motion, Settlement, Judgments
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Title 3- Civil Rules; Rule 3.110- Filing and Service of the Complaint:
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Sets forth the requirement that the complaint and summons be served on parties within 60 days.
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Amendment to add a defendant must be served and proof filed within 30 days after amendments.
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Failure to serve - order to show cause
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Request for entry of default - if responsive pleading is not served, PL must request entry of default within 10 days;
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Court may issue order to show cause
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Default judgment - must be obtained within 45 days after default
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Order to show cause - responsive documents for orders must be filed/served at least 5 days prior to the hearing
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Title 3- Civil Rules; Rule 3.220- Case Cover Sheet:
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First paper filed must be accompanied by a case cover sheet- mandatory JCC Form.
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Cover sheet required in addition to any cover sheet required by local rules.
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Failure to provide cover sheet - Sanctions
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Title 3- Civil Rules, Rule 3.221 - Info about ADR:
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Court must provide an information package to the plaintiff at complaint filing.
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Plaintiff must serve a copy of the ADR package on each defendant.
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Title 3: Rule 3.250 - Limitations on the filing of papers - (b) Retaining originals of papers not filed: All original papers must be retained until six months after final disposition unless court orders otherwise.
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Title 3 - Civil Rules; Rule 3.350 - Consolidation of cases:
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Allows for consolidation of cases in the Courts- lead case is the lowest numbered case.
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Court must file order in each consolidated case, and all documents must include the caption and case number of the lead case along with the case numbers of other consolidated cases.
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Title 3 - Civil Rules; Division 7 - Civil Case Management - Rules on general provisions (3.700); differential case management (3.710-3.715); case management (3.720-3.735); management of collection cases (3.740-3.741); management of complex cases (3.750-3.751), management of Class actions (3.760-3.771).
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Title 3 - Civil Rules; Division 11 - Law and Motion: covers general provisions (3.1100 - 3.1109), format for motion papers (3.1110-3.1116), provisional&injunctive relief (3.1130-3.1184), ex parte applications (3.1200-3.1207), noticed motions (3.1300-3.1312), particular motions (3.1320-3.1362), civil petitions (3.1365), other civil petitions (3.1370-3.1372)
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Title 3 - Civil Rules; Rule 3.1112 – Motions and Other Pleadings - (a) Motions required papers
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Required papers for motions: Notice of hearing, motion itself, memorandum in support of motion or demurrer.
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Title 3 - Civil Rules; Rule 3.1113 - Memorandum- (a) Memorandum in support of motion
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Supporting memorandum required for motions (except listed in rule 3.1114)- absence of memorandum can be considered an admission of lack of merit
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Title 3- Civil Rules; Rule 3.1308—Tentative rulings--(1) Notice of intent to appear, required-
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Court must make its tentative ruling available at least one day prior to the hearing, may direct oral argument, parties can notify court/other parties of intention to appear
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Title 3 - Civil Rules; Rule 3.1308—Tentative rulings--(2) No notice of intent to appear, required
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Title 3- Civil Rules; Rule 3.1322- Motion to Strike: Explains how to and when to file a motion to strike
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Title 3 -Civil Rules; Rule 3.1320 - Demurrer: Explains how demurrers work.
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Title 3- Civil Rules; Rule 3.1350- Summary Judgement & summary adjuducations
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Title 3 - Civil Rules; Division 12 - Settlement (3.1380-3.1385); Rule 3.1380-Mandatory settlement conferences.
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Rule 3.1382- Good faith settlement and dismissal
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Rule 3.1384-Petition
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Title 3; Rule 3.670- ADR-Court-ordered ADR in civil cases.
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Title 3, CACI Jury instructions
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Use of instructions - recommended to use Judicial Council approved instructions unless another instruction more accurately states the law.
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Description
Test your knowledge on the formatting requirements for papers filed in trial courts. This quiz covers font styles, sizes, margins, and specific rules related to court documents. Make sure you're familiar with the necessary standards for legal filings!