text: Any party who is requesting or who has already requested more than 35 admissions not relating to the genuineness of documents by any other party shall attach to each set of requests for admissions a declaration containing substantially the following words:DECLARATION FOR ADDITIONAL DISCOVERY I, __________, declare:1. I am (a party to this action or proceeding appearing in propria persona) (presently the attorney for __________, a party to this action or proceeding).2. I am propounding to __________ the attached set of requests for admission.3. This set of requests for admission will cause the total number of requests propounded to the party to whom they are directed to exceed the number of requests permitted by Section 2033.030 of the Code of Civil Procedure.4. I have previously propounded a total of __________ requests for admission to this party.5. This set of requests for admission contains a total of __________ requests.6. I am familiar with the issues and the previous discovery conducted by all of the parties in this case.7. I have personally examined each of the requests in this set of requests for admission.8. This number of requests for admission is warranted under Section 2033.040 of the Code of Civil Procedure because __________. (Here state the reasons why the complexity or the quantity of issues in the instant lawsuit warrant this number of requests for admission.)9. None of the requests in this set of requests is being propounded for any improper purpose, such as to harass the party, or the attorney for the party, to whom it is directed, or to cause unnecessary delay or needless increase in the cost of litigation.I declare under penalty of perjury under the laws of California that the foregoing is true and correct, and that this declaration was executed on __________.(Signature)Attorney for

title: 4. CIVIL DISCOVERY ACT

article: 1. Requests For Admission


kind: section

code: CCP

text:
(a) A party requesting admissions shall number each set of requests consecutively.

(b) In the first paragraph immediately below the title of the case, there shall appear the identity of the party requesting the admissions, the set number, and the identity of the responding party.

(c) Each request for admission in a set shall be separately set forth and identified by letter or number.

(d) Each request for admission shall be full and complete in and of itself. No preface or instruction shall be included with a set of admission requests unless it has been approved under Chapter 17 (commencing with Section 2033.710).

(e) Any term specially defined in a request for admission shall be typed with all letters capitalized whenever the term appears.

(f) No request for admission shall contain subparts, or a compound, conjunctive, or disjunctive request unless it has been approved under Chapter 17 (commencing with Section 2033.710).

(g) A party requesting an admission of the genuineness of any documents shall attach copies of those documents to the requests, and shall make the original of those documents available for inspection on demand by the party to whom the requests for admission are directed.

(h) No party shall combine in a single document requests for admission with any other method of discovery.

history: (History: Added by Stats. 2004, Ch. 182, Sec. 23. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)

title: 4. CIVIL DISCOVERY ACT

chapter: 16. Requests for Admission

article: 1. Requests For Admission

path: 4. CIVIL DISCOVERY ACT > 16. Requests for Admission > 1. Requests For Admission


text: The party requesting admissions shall serve a copy of them on the party to whom they are directed and on all other parties who have appeared in the action.

title: 4. CIVIL DISCOVERY ACT

article: 1. Requests For Admission


text:
(a) When requests for admission have been made, the responding party may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.

(b) The court, for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions:

(1) That the set of admission requests, or particular requests in the set, need not be answered at all.

(2) That, contrary to the representations made in a declaration submitted under Section 2033.050, the number of admission requests is unwarranted.

(3) That the time specified in Section 2033.250 to respond to the set of admission requests, or to particular requests in the set, be extended.

(4) That a trade secret or other confidential research, development, or commercial information not be admitted or be admitted only in a certain way.

(5) That some or all of the answers to requests for admission be sealed and thereafter opened only on order of the court.

(c) If the motion for a protective order is denied in whole or in part, the court may order that the responding party provide or permit the discovery against which protection was sought on terms and conditions that are just.

(d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order under this section, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

title: 4. CIVIL DISCOVERY ACT

article: 1. Requests For Admission


text:
(a) The party to whom requests for admission have been directed shall respond in writing under oath separately to each request.

(b) Each response shall answer the substance of the requested admission, or set forth an objection to the particular request.

(c) In the first paragraph of the response immediately below the title of the case, there shall appear the identity of the responding party, the set number, and the identity of the requesting party.

(d) Each answer or objection in the response shall bear the same identifying number or letter and be in the same sequence as the corresponding request. The text of that request need not be repeated, except as provided in paragraph (6) of subdivision (e).

(e) In order to facilitate the discovery process:

(1) Except as provided in paragraph (5), upon request by the responding party, the propounding party shall provide the requests for admission in an electronic format to the responding party within three court days of the request.

(2) Except as provided in paragraph (5), upon request by the propounding party after receipt of the responses to the requests for admission, the responding party shall provide the responses in an electronic format to the propounding party within three court days of the request.

(3) A party may provide the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) in any format agreed upon by the parties. If the parties are unable to agree on a format, the requests for admission or responses to the requests for admission shall be provided in plain text format.

(4) A party may transmit the requests for admission or responses to the requests for admission requested pursuant to paragraphs (1) and (2) by any method agreed upon by the parties. If the parties are unable to agree on a method of transmission, the requests for admission or responses to the requests for admission shall be transmitted by electronic mail to an email address provided by the requesting party.

(5) If the requests for admission or responses to the requests for admission were not created in an electronic format, a party is not required to create the requests for admission or responses in an electronic format for the purpose of transmission to the requesting party.

(6) A responding party who has requested and received requests for admission in an electronic format pursuant to paragraph (1) shall include the text of the request immediately preceding the response.

history: (History: Amended by Stats. 2019, Ch. 190, Sec. 2. (AB 1349) Effective January 1, 2020.)

title: 4. CIVIL DISCOVERY ACT

article: 2. Response to Requests For Admission

path: 4. CIVIL DISCOVERY ACT > 16. Requests for Admission > 2. Response to Requests For Admission


text:
(a) Each answer in a response to requests for admission shall be as complete and straightforward as the information reasonably available to the responding party permits.

(b) Each answer shall:

(1) Admit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party.

(2) Deny so much of the matter involved in the request as is untrue.

(3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge.

(c) If a responding party gives lack of information or knowledge as a reason for a failure to admit all or part of a request for admission, that party shall state in the answer that a reasonable inquiry concerning the matter in the particular request has been made, and that the information known or readily obtainable is insufficient to enable that party to admit the matter.

history: (History: Amended by Stats. 2005, Ch. 22, Sec. 24. Effective January 1, 2006.)

title: 4. CIVIL DISCOVERY ACT

article: 2. Response to Requests For Admission


text:
(a) If only a part of a request for admission is objectionable, the remainder of the request shall be answered.

(b) If an objection is made to a request or to a part of a request, the specific ground for the objection shall be set forth clearly in the response. If an objection is based on a claim of privilege, the particular privilege invoked shall be clearly stated. If an objection is based on a claim that the matter as to which an admission is requested is protected work product under Chapter 4 (commencing with Section 2018.010), that claim shall be expressly asserted.

title: 4. CIVIL DISCOVERY ACT

article: 2. Response to Requests For Admission


text:
(a) The party to whom the requests for admission are directed shall sign the response under oath, unless the response contains only objections.

(b) If that party is a public or private corporation, or a partnership or association or governmental agency, one of its officers or agents shall sign the response under oath on behalf of that party. If the officer or agent signing the response on behalf of that party is an attorney acting in that capacity for the party, that party waives any lawyer-client privilege and any protection for work product under Chapter 4 (commencing with Section 2018.010) during any subsequent discovery from that attorney concerning the identity of the sources of the information contained in the response.

(c) The attorney for the responding party shall sign any response that contains an objection.

title: 4. CIVIL DISCOVERY ACT

article: 2. Response to Requests For Admission


text:
(a) Within 30 days after service of requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared, unless on motion of the requesting party the court has shortened the time for response, or unless on motion of the responding party the court has extended the time for response.

(b) Notwithstanding subdivision (a), in an unlawful detainer action or other proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3, the party to whom the request is directed shall have at least five days from the date of service to respond, unless on motion of the requesting party the court has shortened the time for response, or unless on motion of the responding party the court has extended the time for response.

history: (History: Amended by Stats. 2007, Ch. 113, Sec. 13. Effective January 1, 2008.)

title: 4. CIVIL DISCOVERY ACT

article: 2. Response to Requests For Admission


text:
(a) The party requesting admissions and the responding party may agree to extend the time for service of a response to a set of admission requests, or to particular requests in a set, to a date beyond that provided in Section 2033.250.

(b) This agreement may be informal, but it shall be confirmed in a writing that specifies the extended date for service of a response.

(c) Unless this agreement expressly states otherwise, it is effective to preserve to the responding party the right to respond to any request for admission to which the agreement applies in any manner specified in Sections 2033.210, 2033.220, and 2033.230.

(d) Notice of this agreement shall be given by the responding party to all other parties who were served with a copy of the request.

title: 4. CIVIL DISCOVERY ACT

article: 2. Response to Requests For Admission


text:
(a) The requests for admission and the response to them shall not be filed with the court.

(b) The party requesting admissions shall retain both the original of the requests for admission, with the original proof of service affixed to them, and the original of the sworn response until six months after final disposition of the action. At that time, both originals may be destroyed, unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period.

title: 4. CIVIL DISCOVERY ACT

article: 2. Response to Requests For Admission


text:
If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:

(a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:

(1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230.

(2) The party’s failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect.

(b) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).

(c) The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.

history: (History: Amended by Stats. 2005, Ch. 294, Sec. 12. Effective January 1, 2006.)

title: 4. CIVIL DISCOVERY ACT

article: 2. Response to Requests For Admission


text:
(a) On receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply:

(1) An answer to a particular request is evasive or incomplete.

(2) An objection to a particular request is without merit or too general.

(b) (1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040.

(2) In lieu of a separate statement required under the California Rules of Court, the court may allow the moving party to submit a concise outline of the discovery request and each response in dispute.

(c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing, the requesting party waives any right to compel further response to the requests for admission.

(d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel further response, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

(e) If a party then fails to obey an order compelling further response to requests for admission, the court may order that the matters involved in the requests be deemed admitted. In lieu of, or in addition to, this order, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).

history: (History: Amended by Stats. 2018, Ch. 317, Sec. 5. (AB 2230) Effective January 1, 2019. Section operative January 1, 2020, pursuant to Sec. 6, Stats. 2018, Ch. 317.)

title: 4. CIVIL DISCOVERY ACT

article: 2. Response to Requests For Admission


text:
(a) A party may withdraw or amend an admission made in response to a request for admission only on leave of court granted after notice to all parties.

(b) The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party’s action or defense on the merits.

(c) The court may impose conditions on the granting of the motion that are just, including, but not limited to, the following:

(1) An order that the party who obtained the admission be permitted to pursue additional discovery related to the matter involved in the withdrawn or amended admission.

(2) An order that the costs of any additional discovery be borne in whole or in part by the party withdrawing or amending the admission.

title: 4. CIVIL DISCOVERY ACT

article: 2. Response to Requests For Admission


text:
(a) Any matter admitted in response to a request for admission is conclusively established against the party making the admission in the pending action, unless the court has permitted withdrawal or amendment of that admission under Section 2033.300.

(b) Notwithstanding subdivision (a), any admission made by a party under this section is binding only on that party and is made for the purpose of the pending action only. It is not an admission by that party for any other purpose, and it shall not be used in any manner against that party in any other proceeding.

title: 4. CIVIL DISCOVERY ACT

article: 3. Effect of Admission

path: 4. CIVIL DISCOVERY ACT > 16. Requests for Admission > 3. Effect of Admission


text:
(a) If a party fails to admit the genuineness of any document or the truth of any matter when requested to do so under this chapter, and if the party requesting that admission thereafter proves the genuineness of that document or the truth of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay the reasonable expenses incurred in making that proof, including reasonable attorney’s fees.

(b) The court shall make this order unless it finds any of the following:

(1) An objection to the request was sustained or a response to it was waived under Section 2033.290.

(2) The admission sought was of no substantial importance.

(3) The party failing to make the admission had reasonable ground to believe that that party would prevail on the matter.

(4) There was other good reason for the failure to admit.

title: 4. CIVIL DISCOVERY ACT

article: 3. Effect of Admission


text: The Judicial Council shall develop and approve official form interrogatories and requests for admission of the genuineness of any relevant documents or of the truth of any relevant matters of fact for use in any civil action in a state court based on personal injury, property damage, wrongful death, unlawful detainer, breach of contract, family law, or fraud and for any other civil actions the Judicial Council deems appropriate.

title: 4. CIVIL DISCOVERY ACT

path: 4. CIVIL DISCOVERY ACT > 17. Form Interrogatories and Requests for Admission


text:
(a) The Judicial Council shall develop and approve official form interrogatories for use by a victim who has not received complete payment of a restitution order made pursuant to Section 1202.4 of the Penal Code.

(b) Notwithstanding whether a victim initiates or maintains an action to satisfy the unpaid restitution order, a victim may propound the form interrogatories approved pursuant to this section once each calendar year. The defendant subject to the restitution order shall, in responding to the interrogatories propounded, provide current information regarding the nature, extent, and location of any assets, income, and liabilities in which the defendant claims a present or future interest.

title: 4. CIVIL DISCOVERY ACT

chapter: 17. Form Interrogatories and Requests for Admission


text:
(a) In developing the form interrogatories and requests for admission required by Sections 2033.710 and 2033.720, the Judicial Council shall consult with a representative advisory committee which shall include, but not be limited to, representatives of all of the following:

(1) The plaintiff’s bar.

(2) The defense bar.

(3) The public interest bar.

(4) Court administrators.

(5) The public.

(b) The form interrogatories and requests for admission shall be drafted in nontechnical language.

title: 4. CIVIL DISCOVERY ACT


text:
(a) Use of the form interrogatories and requests for admission approved by the Judicial Council shall be optional.

(b) The form interrogatories and requests for admission shall be made available through the office of the clerk of the appropriate trial court.

(c) The Judicial Council shall promulgate any necessary rules to govern the use of the form interrogatories and requests for admission.

title: 4. CIVIL DISCOVERY ACT


text: This chapter does not apply to exchanges of lists of experts and valuation data in eminent domain proceedings under Chapter 7 (commencing with Section 1258.010) of Title 7 of Part 3.

title: 4. CIVIL DISCOVERY ACT

article: 1. General Provisions

path: 4. CIVIL DISCOVERY ACT > 18. Simultaneous Exchange of Expert Witness Information > 1. General Provisions


text:
After the setting of the initial trial date for the action, any party may obtain discovery by demanding that all parties simultaneously exchange information concerning each other’s expert trial witnesses to the following extent:

(a) Any party may demand a mutual and simultaneous exchange by all parties of a list containing the name and address of any natural person, including one who is a party, whose oral or deposition testimony in the form of an expert opinion any party expects to offer in evidence at the trial.

(b) If any expert designated by a party under subdivision (a) is a party or an employee of a party, or has been retained by a party for the purpose of forming and expressing an opinion in anticipation of the litigation or in preparation for the trial of the action, the designation of that witness shall include or be accompanied by an expert witness declaration under Section 2034.260.

(c) Any party may also include a demand for the mutual and simultaneous production for inspection and copying of all discoverable reports and writings, if any, made by any expert described in subdivision (b) in the course of preparing that expert’s opinion.

title: 4. CIVIL DISCOVERY ACT

path: 4. CIVIL DISCOVERY ACT > 18. Simultaneous Exchange of Expert Witness Information > 2. Demand for Exchange of Expert Witness Information


text: Any party may make a demand for an exchange of information concerning expert trial witnesses without leave of court. A party shall make this demand no later than the 10th day after the initial trial date has been set, or 70 days before that trial date, whichever is closer to the trial date.

title: 4. CIVIL DISCOVERY ACT

chapter: 18. Simultaneous Exchange of Expert Witness Information

article: 2. Demand for Exchange of Expert Witness Information


text:
(a) A demand for an exchange of information concerning expert trial witnesses shall be in writing and shall identify, below the title of the case, the party making the demand. The demand shall state that it is being made under this chapter.

(b) The demand shall specify the date for the exchange of lists of expert trial witnesses, expert witness declarations, and any demanded production of writings. The specified date of exchange shall be 50 days before the initial trial date, or 20 days after service of the demand, whichever is closer to the trial date, unless the court, on motion and a showing of good cause, orders an earlier or later date of exchange.

title: 4. CIVIL DISCOVERY ACT


text: The party demanding an exchange of information concerning expert trial witnesses shall serve the demand on all parties who have appeared in the action.

title: 4. CIVIL DISCOVERY ACT


text:
(a) A party who has been served with a demand to exchange information concerning expert trial witnesses may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.

(b) The court, for good cause shown, may make any order that justice requires to protect any party from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. The protective order may include, but is not limited to, one or more of the following directions:

(1) That the demand be quashed because it was not timely served.

(2) That the date of exchange be earlier or later than that specified in the demand.

(3) That the exchange be made only on specified terms and conditions.

(4) That the production and exchange of any reports and writings of experts be made at a different place or at a different time than specified in the demand.

(5) That some or all of the parties be divided into sides on the basis of their identity of interest in the issues in the action, and that the designation of any experts as described in subdivision (b) of Section 2034.210 be made by any side so created.

(6) That a party or a side reduce the list of employed or retained experts designated by that party or side under subdivision (b) of Section 2034.210.

(c) If the motion for a protective order is denied in whole or in part, the court may order that the parties against whom the motion is brought, provide or permit the discovery against which the protection was sought on those terms and conditions that are just.

(d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order under this section, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

title: 4. CIVIL DISCOVERY ACT


text:
(a) All parties who have appeared in the action shall exchange information concerning expert witnesses in writing on or before the date of exchange specified in the demand. The exchange of information may occur at a meeting of the attorneys for the parties involved or by serving the information on the other party by any method specified in Section 1011 or 1013, on or before the date of exchange.

(b) The exchange of expert witness information shall include either of the following:

(1) A list setting forth the name and address of a person whose expert opinion that party expects to offer in evidence at the trial.

(2) A statement that the party does not presently intend to offer the testimony of an expert witness.

(c) If a witness on the list is an expert as described in subdivision (b) of Section 2034.210, the exchange shall also include or be accompanied by an expert witness declaration signed only by the attorney for the party designating the expert, or by that party if that party has no attorney. This declaration shall be under penalty of perjury and shall contain all of the following:

(1) A brief narrative statement of the qualifications of each expert.

(2) A brief narrative statement of the general substance of the testimony that the expert is expected to give.

(3) A representation that the expert has agreed to testify at the trial.

(4) A representation that the expert will be sufficiently familiar with the pending action to submit to a meaningful oral deposition concerning the specific testimony, including an opinion and its basis, that the expert is expected to give at trial.

(5) A statement of the expert’s hourly and daily fee for providing deposition testimony and for consulting with the retaining attorney.

history: (History: Amended by Stats. 2018, Ch. 92, Sec. 45. (SB 1289) Effective January 1, 2019.)

title: 4. CIVIL DISCOVERY ACT


text: If a demand for an exchange of information concerning expert trial witnesses includes a demand for production of reports and writings as described in subdivision (c) of Section 2034.210, all parties shall produce and exchange, at the place and on the date specified in the demand, all discoverable reports and writings, if any, made by any designated expert described in subdivision (b) of Section 2034.210.

title: 4. CIVIL DISCOVERY ACT


text:
(a) Within 20 days after the exchange described in Section 2034.260, any party who engaged in the exchange may submit a supplemental expert witness list containing the name and address of any experts who will express an opinion on a subject to be covered by an expert designated by an adverse party to the exchange, if the party supplementing an expert witness list has not previously retained an expert to testify on that subject.

(b) This supplemental list shall be accompanied by an expert witness declaration under subdivision (c) of Section 2034.260 concerning those additional experts, and by all discoverable reports and writings, if any, made by those additional experts.

(c) The party shall also make those experts available immediately for a deposition under Article 3 (commencing with Section 2034.410), which deposition may be taken even though the time limit for discovery under Chapter 8 (commencing with Section 2024.010) has expired.

title: 4. CIVIL DISCOVERY ACT


text:
(a) A demand for an exchange of information concerning expert trial witnesses, and any expert witness lists and declarations exchanged shall not be filed with the court.

(b) The party demanding the exchange shall retain both the original of the demand, with the original proof of service affixed, and the original of all expert witness lists and declarations exchanged in response to the demand until six months after final disposition of the action. At that time, all originals may be destroyed unless the court, on motion of any party and for good cause shown, orders that the originals be preserved for a longer period.

(c) Notwithstanding subdivisions (a) and (b), a demand for exchange of information concerning expert trial witnesses, and all expert witness lists and declarations exchanged in response to it, shall be lodged with the court when their contents become relevant to an issue in any pending matter in the action.

title: 4. CIVIL DISCOVERY ACT


text:
Except as provided in Section 2034.310 and in Articles 4 (commencing with Section 2034.610) and 5 (commencing with Section 2034.710), on objection of any party who has made a complete and timely compliance with Section 2034.260, the trial court shall exclude from evidence the expert opinion of any witness that is offered by any party who has unreasonably failed to do any of the following:

(a) List that witness as an expert under Section 2034.260.

(b) Submit an expert witness declaration.

(c) Produce reports and writings of expert witnesses under Section 2034.270.

(d) Make that expert available for a deposition under Article 3 (commencing with Section 2034.410).

title: 4. CIVIL DISCOVERY ACT


text:
A party may call as a witness at trial an expert not previously designated by that party if either of the following conditions is satisfied:

(a) That expert has been designated by another party and has thereafter been deposed under Article 3 (commencing with Section 2034.410).

(b) That expert is called as a witness to impeach the testimony of an expert witness offered by any other party at the trial. This impeachment may include testimony to the falsity or nonexistence of any fact used as the foundation for any opinion by any other party’s expert witness, but may not include testimony that contradicts the opinion.

title: 4. CIVIL DISCOVERY ACT


text: On receipt of an expert witness list from a party, any other party may take the deposition of any person on the list. The procedures for taking oral and written depositions set forth in Chapters 9 (commencing with Section 2025.010), 10 (commencing with Section 2026.010), and 11 (commencing with Section 2028.010) apply to a deposition of a listed trial expert witness except as provided in this article.

title: 4. CIVIL DISCOVERY ACT

article: 3. Deposition of Expert Witness

path: 4. CIVIL DISCOVERY ACT > 18. Simultaneous Exchange of Expert Witness Information > 3. Deposition of Expert Witness


text: An expert described in subdivision (b) of Section 2034.210 whose deposition is noticed pursuant to Section 2025.220 shall, no later than three business days before his or her deposition, produce any materials or category of materials, including any electronically stored information, called for by the deposition notice.

history: (History: Added by Stats. 2016, Ch. 467, Sec. 3. (AB 2427) Effective January 1, 2017.)

title: 4. CIVIL DISCOVERY ACT

article: 3. Deposition of Expert Witness


text: The deposition of any expert described in subdivision (b) of Section 2034.210 shall be taken at a place that is within 75 miles of the courthouse where the action is pending. On motion for a protective order by the party designating an expert witness, and on a showing of exceptional hardship, the court may order that the deposition be taken at a more distant place from the courthouse.

history: (History: Amended by Stats. 2008, Ch. 303, Sec. 1. Effective January 1, 2009.)

title: 4. CIVIL DISCOVERY ACT

article: 3. Deposition of Expert Witness


text:
(a) Except as provided in subdivision (f), this section applies to an expert witness, other than a party or an employee of a party, who is any of the following:

(1) An expert described in subdivision (b) of Section 2034.210.

(2) A treating physician and surgeon or other treating health care practitioner who is to be asked during the deposition to express opinion testimony, including opinion or factual testimony regarding the past or present diagnosis or prognosis made by the practitioner or the reasons for a particular treatment decision made by the practitioner, but not including testimony requiring only the reading of words and symbols contained in the relevant medical record or, if those words and symbols are not legible to the deponent, the approximation by the deponent of what those words or symbols are.

(3) An architect, professional engineer, or licensed land surveyor who was involved with the original project design or survey for which that person is asked to express an opinion within the person’s expertise and relevant to the action or proceeding.

(b) A party desiring to depose an expert witness described in subdivision (a) shall pay the expert’s reasonable and customary hourly or daily fee for any time spent at the deposition from the time noticed in the deposition subpoena, or from the time of the arrival of the expert witness should that time be later than the time noticed in the deposition subpoena, until the time the expert witness is dismissed from the deposition, regardless of whether the expert is actually deposed by any party attending the deposition.

(c) If any counsel representing the expert or a nonnoticing party is late to the deposition, the expert’s reasonable and customary hourly or daily fee for the time period determined from the time noticed in the deposition subpoena until the counsel’s late arrival, shall be paid by that tardy counsel.

(d) Notwithstanding subdivision (c), the hourly or daily fee charged to the tardy counsel shall not exceed the fee charged to the party who retained the expert, except where the expert donated services to a charitable or other nonprofit organization.

(e) A daily fee shall only be charged for a full day of attendance at a deposition or where the expert was required by the deposing party to be available for a full day and the expert necessarily had to forgo all business that the expert would otherwise have conducted that day but for the request that the expert be available all day for the scheduled deposition.

(f) In a worker’s compensation case arising under Division 4 (commencing with Section 3201) or Division 4.5 (commencing with Section 6100) of the Labor Code, a party desiring to depose any expert on another party’s expert witness list shall pay the fee under this section.

history: (History: Amended by Stats. 2008, Ch. 303, Sec. 2. Effective January 1, 2009.)

title: 4. CIVIL DISCOVERY ACT

article: 3. Deposition of Expert Witness


text: The party designating an expert is responsible for any fee charged by the expert for preparing for a deposition and for traveling to the place of the deposition, as well as for any travel expenses of the expert.

title: 4. CIVIL DISCOVERY ACT

article: 3. Deposition of Expert Witness


text:
(a) The party taking the deposition of an expert witness shall either accompany the service of the deposition notice with a tender of the expert’s fee based on the anticipated length of the deposition, or tender that fee at the commencement of the deposition.

(b) The expert’s fee shall be delivered to the attorney for the party designating the expert.

(c) If the deposition of the expert takes longer than anticipated, the party giving notice of the deposition shall pay the balance of the expert’s fee within five days of receipt of an itemized statement from the expert.

title: 4. CIVIL DISCOVERY ACT

article: 3. Deposition of Expert Witness


text:
(a) The service of a proper deposition notice accompanied by the tender of the expert witness fee described in Section 2034.430 is effective to require the party employing or retaining the expert to produce the expert for the deposition.

(b) If the party noticing the deposition fails to tender the expert’s fee under Section 2034.430, the expert shall not be deposed at that time unless the parties stipulate otherwise.

title: 4. CIVIL DISCOVERY ACT

article: 3. Deposition of Expert Witness


text:
(a) If a party desiring to take the deposition of an expert witness under this article deems that the hourly or daily fee of that expert for providing deposition testimony is unreasonable, that party may move for an order setting the compensation of that expert. Notice of this motion shall also be given to the expert.

(b) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. In any attempt at an informal resolution under Section 2016.040, either the party or the expert shall provide the other with all of the following:

(1) Proof of the ordinary and customary fee actually charged and received by that expert for similar services provided outside the subject litigation.

(2) The total number of times the presently demanded fee has ever been charged and received by that expert.

(3) The frequency and regularity with which the presently demanded fee has been charged and received by that expert within the two-year period preceding the hearing on the motion.

(c) In addition to any other facts or evidence, the expert or the party designating the expert shall provide, and the court’s determination as to the reasonableness of the fee shall be based on, proof of the ordinary and customary fee actually charged and received by that expert for similar services provided outside the subject litigation.

(d) In an action filed after January 1, 1994, the expert or the party designating the expert shall also provide, and the court’s determination as to the reasonableness of the fee shall also be based on, both of the following:

(1) The total number of times the presently demanded fee has ever been charged and received by that expert.

(2) The frequency and regularity with which the presently demanded fee has been charged and received by that expert within the two-year period preceding the hearing on the motion.

(e) The court may also consider the ordinary and customary fees charged by similar experts for similar services within the relevant community and any other factors the court deems necessary or appropriate to make its determination.

(f) Upon a determination that the fee demanded by that expert is unreasonable, and based upon the evidence and factors considered, the court shall set the fee of the expert providing testimony.

(g) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to set the expert witness fee, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

title: 4. CIVIL DISCOVERY ACT

article: 3. Deposition of Expert Witness


text:
(a) On motion of any party who has engaged in a timely exchange of expert witness information, the court may grant leave to do either or both of the following:

(1) Augment that party’s expert witness list and declaration by adding the name and address of any expert witness whom that party has subsequently retained.

(2) Amend that party’s expert witness declaration with respect to the general substance of the testimony that an expert previously designated is expected to give.

(b) A motion under subdivision (a) shall be made at a sufficient time in advance of the time limit for the completion of discovery under Chapter 8 (commencing with Section 2024.010) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. Under exceptional circumstances, the court may permit the motion to be made at a later time.

(c) The motion shall be accompanied by a meet and confer declaration under Section 2016.040.

title: 4. CIVIL DISCOVERY ACT

path: 4. CIVIL DISCOVERY ACT > 18. Simultaneous Exchange of Expert Witness Information > 4. Motion To Augment or Amend Expert Witness List or Declaration


text:
The court shall grant leave to augment or amend an expert witness list or declaration only if all of the following conditions are satisfied:

(a) The court has taken into account the extent to which the opposing party has relied on the list of expert witnesses.

(b) The court has determined that any party opposing the motion will not be prejudiced in maintaining that party’s action or defense on the merits.

(c) The court has determined either of the following:

(1) The moving party would not in the exercise of reasonable diligence have determined to call that expert witness or have decided to offer the different or additional testimony of that expert witness.

(2) The moving party failed to determine to call that expert witness, or to offer the different or additional testimony of that expert witness as a result of mistake, inadvertence, surprise, or excusable neglect, and the moving party has done both of the following:

(A) Sought leave to augment or amend promptly after deciding to call the expert witness or to offer the different or additional testimony.

(B) Promptly thereafter served a copy of the proposed expert witness information concerning the expert or the testimony described in Section 2034.260 on all other parties who have appeared in the action.

(d) Leave to augment or amend is conditioned on the moving party making the expert available immediately for a deposition under Article 3 (commencing with Section 2034.410), and on any other terms as may be just, including, but not limited to, leave to any party opposing the motion to designate additional expert witnesses or to elicit additional opinions from those previously designated, a continuance of the trial for a reasonable period of time, and the awarding of costs and litigation expenses to any party opposing the motion.

title: 4. CIVIL DISCOVERY ACT

article: 4. Motion To Augment or Amend Expert Witness List or Declaration


text: The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to augment or amend expert witness information, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

title: 4. CIVIL DISCOVERY ACT


text:
(a) On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that information on a later date.

(b) A motion under subdivision (a) shall be made a sufficient time in advance of the time limit for the completion of discovery under Chapter 8 (commencing with Section 2024.010) to permit the deposition of any expert to whom the motion relates to be taken within that time limit. Under exceptional circumstances, the court may permit the motion to be made at a later time.

(c) The motion shall be accompanied by a meet and confer declaration under Section 2016.040.

title: 4. CIVIL DISCOVERY ACT

path: 4. CIVIL DISCOVERY ACT > 18. Simultaneous Exchange of Expert Witness Information > 5. Motion To Submit Tardy Expert Witness Information


text:
The court shall grant leave to submit tardy expert witness information only if all of the following conditions are satisfied:

(a) The court has taken into account the extent to which the opposing party has relied on the absence of a list of expert witnesses.

(b) The court has determined that any party opposing the motion will not be prejudiced in maintaining that party’s action or defense on the merits.

(c) The court has determined that the moving party did all of the following:

(1) Failed to submit the information as the result of mistake, inadvertence, surprise, or excusable neglect.

(2) Sought leave to submit the information promptly after learning of the mistake, inadvertence, surprise, or excusable neglect.

(3) Promptly thereafter served a copy of the proposed expert witness information described in Section 2034.260 on all other parties who have appeared in the action.

(d) The order is conditioned on the moving party making the expert available immediately for a deposition under Article 3 (commencing with Section 2034.410), and on any other terms as may be just, including, but not limited to, leave to any party opposing the motion to designate additional expert witnesses or to elicit additional opinions from those previously designated, a continuance of the trial for a reasonable period of time, and the awarding of costs and litigation expenses to any party opposing the motion.

title: 4. CIVIL DISCOVERY ACT

article: 5. Motion To Submit Tardy Expert Witness Information


text: The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to submit tardy expert witness information, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

title: 4. CIVIL DISCOVERY ACT


text:
(a) One who expects to be a party or expects a successor in interest to be a party to an action that may be cognizable in a court of the state, whether as a plaintiff, or as a defendant, or in any other capacity, may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), for the purpose of perpetuating that person’s own testimony or that of another natural person or organization, or of preserving evidence for use in the event an action is subsequently filed.

(b) One shall not employ the procedures of this chapter for purposes of either ascertaining the possible existence of a cause of action or a defense to it, or of identifying those who might be made parties to an action not yet filed.

history: (History: Amended by Stats. 2016, Ch. 86, Sec. 44. (SB 1171) Effective January 1, 2017.)

title: 4. CIVIL DISCOVERY ACT

path: 4. CIVIL DISCOVERY ACT > 19. Perpetuation of Testimony or Preservation  of Evidence Before Filing Action


text:
The methods available for discovery conducted for the purposes set forth in Section 2035.010 are all of the following:

(a) Oral and written depositions.

(b) Inspections of documents, things, and places.

(c) Physical and mental examinations.

title: 4. CIVIL DISCOVERY ACT

chapter: 19. Perpetuation of Testimony or Preservation  of Evidence Before Filing Action


text:
(a) One who desires to perpetuate testimony or preserve evidence for the purposes set forth in Section 2035.010 shall file a verified petition in the superior court of the county of the residence of at least one expected adverse party, or, if no expected adverse party is a resident of the State of California, in the superior court of a county where the action or proceeding may be filed.

(b) The petition shall be titled in the name of the one who desires the perpetuation of testimony or the preservation of evidence. The petition shall set forth all of the following:

(1) The expectation that the petitioner or the petitioner’s successor in interest will be a party to an action cognizable in a court of the State of California.

(2) The present inability of the petitioner and, if applicable, the petitioner’s successor in interest either to bring that action or to cause it to be brought.

(3) The subject matter of the expected action and the petitioner’s involvement. A copy of any written instrument the validity or construction of which may be called into question, or which is connected with the subject matter of the proposed discovery, shall be attached to the petition.

(4) The particular discovery methods described in Section 2035.020 that the petitioner desires to employ.

(5) The facts that the petitioner desires to establish by the proposed discovery.

(6) The reasons for desiring to perpetuate or preserve these facts before an action has been filed.

(7) The name or a description of those whom the petitioner expects to be adverse parties so far as known.

(8) The name and address of those from whom the discovery is to be sought.

(9) The substance of the information expected to be elicited from each of those from whom discovery is being sought.

(c) The petition shall request the court to enter an order authorizing the petitioner to engage in discovery by the described methods for the purpose of perpetuating the described testimony or preserving the described evidence.

history: (History: Amended by Stats. 2005, Ch. 294, Sec. 14. Effective January 1, 2006.)

title: 4. CIVIL DISCOVERY ACT


text:
(a) The petitioner shall cause service of a notice of the petition under Section 2035.030 to be made on each natural person or organization named in the petition as an expected adverse party. This service shall be made in the same manner provided for the service of a summons.

(b) The service of the notice shall be accompanied by a copy of the petition. The notice shall state that the petitioner will apply to the court at a time and place specified in the notice for the order requested in the petition.

(c) This service shall be effected at least 20 days prior to the date specified in the notice for the hearing on the petition.

(d) If after the exercise of due diligence, the petitioner is unable to cause service to be made on any expected adverse party named in the petition, the court in which the petition is filed shall make an order for service by publication.

(e) If any expected adverse party served by publication does not appear at the hearing, the court shall appoint an attorney to represent that party for all purposes, including the cross-examination of any person whose testimony is taken by deposition. The court shall order that the petitioner pay the reasonable fees and expenses of any attorney so appointed.

title: 4. CIVIL DISCOVERY ACT


text:
(a) If the court determines that all or part of the discovery requested under this chapter may prevent a failure or delay of justice, it shall make an order authorizing that discovery. In determining whether to authorize discovery by a petitioner who expects a successor in interest to be a party to an action, the court shall consider, in addition to other appropriate factors, whether the requested discovery could be conducted by the petitioner’s successor in interest, instead of by the petitioner.

(b) The order shall identify any witness whose deposition may be taken, and any documents, things, or places that may be inspected, and any person whose physical or mental condition may be examined.

(c) Any authorized depositions, inspections, and physical or mental examinations shall then be conducted in accordance with the provisions of this title relating to those methods of discovery in actions that have been filed.

history: (History: Amended by Stats. 2005, Ch. 294, Sec. 15. Effective January 1, 2006.)

title: 4. CIVIL DISCOVERY ACT


text: If a deposition to perpetuate testimony has been taken either under the provisions of this chapter, or under comparable provisions of the laws of the state in which it was taken, or the federal courts, or a foreign nation in which it was taken, that deposition may be used, in any action involving the same subject matter that is brought in a court of the State of California, in accordance with Section 2025.620 against any party, or the successor in interest of any party, named in the petition as an expected adverse party.

history: (History: Amended by Stats. 2005, Ch. 294, Sec. 16. Effective January 1, 2006.)

title: 4. CIVIL DISCOVERY ACT


text: If an appeal has been taken from a judgment entered by a court of the state, or if the time for taking an appeal has not expired, a party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), for purposes of perpetuating testimony or preserving information for use in the event of further proceedings in that court.

history: (History: Amended by Stats. 2016, Ch. 86, Sec. 45. (SB 1171) Effective January 1, 2017.)

title: 4. CIVIL DISCOVERY ACT

path: 4. CIVIL DISCOVERY ACT > 20. Perpetuation of Testimony or Preservation of Information Pending Appeal


text:
The methods available for discovery for the purpose set forth in Section 2036.010 are all of the following:

(a) Oral and written depositions.

(b) Inspections of documents, things, and places.

(c) Physical and mental examinations.

title: 4. CIVIL DISCOVERY ACT

chapter: 20. Perpetuation of Testimony or Preservation of Information Pending Appeal


text:
(a) A party who desires to obtain discovery pending appeal shall obtain leave of the court that entered the judgment. This motion shall be made on the same notice to and service of parties as is required for discovery sought in an action pending in that court.

(b) The motion for leave to conduct discovery pending appeal shall set forth all of the following:

(1) The names and addresses of the natural persons or organizations from whom the discovery is being sought.

(2) The particular discovery methods described in Section 2036.020 for which authorization is being sought.

(3) The reasons for perpetuating testimony or preserving evidence.

title: 4. CIVIL DISCOVERY ACT


text:
(a) If the court determines that all or part of the discovery requested under this chapter may prevent a failure or delay of justice in the event of further proceedings in the action in that court, it shall make an order authorizing that discovery.

(b) The order shall identify any witness whose deposition may be taken, and any documents, things, or places that may be inspected, and any person whose physical or mental condition may be examined.

(c) Any authorized depositions, inspections, and physical and mental examinations shall then be conducted in accordance with the provisions of this title relating to these methods of discovery in a pending action.

title: 4. CIVIL DISCOVERY ACT


text: If a deposition to perpetuate testimony has been taken under the provisions of this chapter, it may be used in any later proceeding in accordance with Section 2025.620.

title: 4. CIVIL DISCOVERY ACT


citation: CCP § 2064

text: A witness, served with a subpoena, must attend at the time appointed, with any papers under his control lawfully required by the subpoena, and answer all pertinent and legal questions; and, unless sooner discharged, must remain until the testimony is closed.

history: (History: Amended by Stats. 1907, Ch. 395.)

title: 5. OF THE RIGHTS AND DUTIES OF WITNESSES


citation: CCP § 2065

text: Any witness who is subpoenaed in any civil or administrative action or proceeding shall be given written notice on the subpoena that the witness may be entitled to receive fees and mileage. Such notice shall indicate generally the manner in which the request for fees and mileage should be made.

history: (History: Added by Stats. 1979, Ch. 67.)

path: 5. OF THE RIGHTS AND DUTIES OF WITNESSES


citation: CCP § 2074

text: An offer in writing to pay a particular sum of money, or to deliver a written instrument or specific personal property, is, if not accepted, equivalent to the actual production and tender of the money, instrument, or property.

history: (History: Enacted 1872.)

path: 6. OF EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GENERAL PROVISIONS > 1. Evidence in Particular Cases [2074. - [2077.]]


citation: CCP § 2075

text: Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefor from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery.

title: 6. OF EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GENERAL PROVISIONS

chapter: 1. Evidence in Particular Cases [2074. - [2077.]]


citation: CCP § 2076

text: The person to whom a tender is made must, at the time, specify any objection he may have to the money, instrument, or property, or he must be deemed to have waived it; and if the objection be to the amount of money, the terms of the instrument, or the amount or kind of property, he must specify the amount, terms, or kind which he requires, or be precluded from objecting afterwards.


citation: CCP § 2093

text:
(a) A court, judge or clerk of a court, justice, notary public, and officer or person authorized to take testimony in an action or proceeding, or to decide upon evidence, has the power to administer oaths and affirmations.

(b) (1) A shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) of Chapter 13 of Division 3 of the Business and Professions Code has the power to administer oaths and affirmations and may perform the duties of the deposition officer pursuant to Chapter 9 (commencing with Section 2025.010) of Title 4. The certified shorthand reporter is entitled to receive fees for services rendered during a deposition, including fees for deposition services, as specified in subdivision (c) of Section 8211 of the Government Code.

(2) This subdivision also applies to depositions taken by telephone or other remote electronic means as specified in Chapter 2 (commencing with Section 2017.010) and Chapter 9 (commencing with Section 2025.010) of Title 4.

(c) (1) A former judge or justice of a court of record in the state who retired or resigned from office may administer oaths and affirmations, if the former judge or justice requests and receives a certification from the Commission on Judicial Performance pursuant to paragraph (2).

(2) The Commission on Judicial Performance shall issue a certification enabling a former judge or justice to administer oaths and affirmations if the following conditions are satisfied:

(A) The former judge or justice was not removed from office; was not censured and barred from receiving an assignment, appointment, or reference of work from any California state court; did not retire or resign from office with an agreement with the commission that the former judge or justice would not receive an assignment, appointment or reference of work from any California state court; and, at the time of the former judge or justice’s retirement, resignation, or request for certification, a formal disciplinary proceeding was not pending or was resolved on the merits in the judge or justice’s favor after his or her retirement or resignation and before the request for certification.

(B) A medical certification provided to the commission by the former judge or justice pursuant to paragraph (3) establishes one of the following:

(i) The former judge or justice does not have a medical condition that would impair his or her ability to administer oaths or affirmations.

(ii) The former judge or justice has a medical condition that may impair his or her ability to administer oaths and affirmations, but the condition does not impair his or her ability at the present time.

(3) The Commission on Judicial Performance may require an applicant to obtain a medical certification in order to receive or renew a certification to administer oaths and affirmations if, at the time of resignation or retirement, there is evidence in a disability application file or in a disciplinary investigation file of possible cognitive impairment affecting the judge or justice, or if the former judge or justice previously received a two-year certification to administer oaths and affirmations from the commission. The commission shall supply the required forms to an applicant upon request.

(4) If an applicant’s medical certification indicates that the applicant has a medical condition that may impair his or her ability to administer oaths and affirmations, but the condition does not impair his or her ability at the time the medical certification is submitted with the application, the Commission on Judicial Performance shall issue a certification to administer oaths and affirmations pursuant to paragraph (2), but the certification is only valid for a period of two years from the date of issuance.

(5) Notwithstanding paragraph (1), a former judge or justice of a court of record who received a certification to administer oaths and affirmations from the Commission on Judicial Performance prior to January 1, 2018, may continue to administer oaths and affirmations until the expiration of the certification, at which time he or she may reapply for certification pursuant to paragraph (2).

(6) The Commission on Judicial Performance may charge a regulatory fee not to exceed fifteen dollars ($15) for each certification application submitted pursuant to this subdivision to cover its costs, including costs to review a medical certification.

(d) A rule or regulation regarding the confidentiality of proceedings of the Commission on Judicial Performance does not prohibit the commission from issuing a certificate as provided for in this section.

(e) The administration of an oath or affirmation pursuant to this section without pay does not violate Section 75060.6 of the Government Code.

history: (History: Amended by Stats. 2018, Ch. 92, Sec. 46. (SB 1289) Effective January 1, 2019.)

path: 6. OF EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GENERAL PROVISIONS > 3. Administration of Oaths and Affirmations


citation: CCP § 2094

text:
(a) An oath, affirmation, or declaration in an action or a proceeding, may be administered by obtaining an affirmative response to one of the following questions:

(1) “Do you solemnly state that the evidence you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth, so help you God?”

(2) “Do you solemnly state, under penalty of perjury, that the evidence that you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth?”

(b) In the alternative to the forms prescribed in subdivision (a), the court may administer an oath, affirmation, or declaration in an action or a proceeding in a manner that is calculated to awaken the person’s conscience and impress the person’s mind with the duty to tell the truth. The court shall satisfy itself that the person testifying understands that his or her testimony is being given under penalty of perjury.

history: (History: Amended by Stats. 2002, Ch. 806, Sec. 17. Effective January 1, 2003.)

chapter: 3. Administration of Oaths and Affirmations


citation: CCP § 2100

text: This title applies only to federal tax liens and to other federal liens notices of which under any Act of Congress or any regulation adopted pursuant thereto are required or permitted to be filed in the same manner as notices of federal tax liens.

history: (History: Added by Stats. 1979, Ch. 330.)

title: 7. UNIFORM FEDERAL LIEN REGISTRATION ACT


citation: CCP § 2101

text:
(a) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this title.

(b) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed for record in the office of the recorder of the county in which the real property subject to the liens is situated.

(c) Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows:

(1) If the person against whose interest the lien applies is a corporation, a limited liability company, or a partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the Secretary of State.

(2) If the person against whose interest the lien applies is a trust that is not covered by paragraph (1), in the office of the Secretary of State.

(3) If the person against whose interest the lien applies is the estate of a decedent, in the office of the Secretary of State.

(4) In all other cases, in the office of the recorder of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.

history: (History: Amended by Stats. 1997, Ch. 892, Sec. 2. Effective January 1, 1998.)

path: 7. UNIFORM FEDERAL LIEN REGISTRATION ACT


citation: CCP § 2102

text: Certification of notices of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or his or her delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification, or acknowledgment is necessary.


citation: CCP § 2103

text:
(a) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subdivision (b) is presented to a filing officer who is:

(1) The Secretary of State, he or she shall cause the notice to be filed, indexed, and marked in accordance with the provisions of Sections 9515, 9516, and 9522 of the Commercial Code as if the notice were a financing statement within the meaning of that code; or

(2) A county recorder, he or she shall accept for filing, file for record in the manner set forth in Section 27320 of the Government Code, and index the document by the name of the person against whose interest the lien applies in the general index.

(b) If a certificate of release, nonattachment, discharge, or subordination of any lien is presented to the Secretary of State for filing he or she shall:

(1) Cause a certificate of release or nonattachment to be filed, indexed, and marked as if the certificate were a termination statement within the meaning of the Commercial Code.

(2) Cause a certificate of discharge or subordination to be filed, indexed, and marked as if the certificate were a release of collateral within the meaning of the Commercial Code.

(c) If a refiled notice of federal lien referred to in subdivision (a) or any of the certificates or notices referred to in subdivision (b) is presented for filing to a county recorder, he or she shall accept for filing, file for record in the manner set forth in Section 27320 of the Government Code, and index the document by the name of the person against whose interest the lien applies in the general index.

(d) Upon request of any person, the filing officer shall issue his or her certificate showing whether there is on file, on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien filed after January 1, 1968, under this title or former Chapter 14 (commencing with Section 7200) of Division 7 of Title 1 of the Government Code, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. Upon request, the filing officer shall furnish a copy of any notice of federal lien, or notice or certificate affecting a federal lien. If the filing officer is a county recorder, the fee for a certificate for each name searched shall be set by the filing officer in an amount that covers actual costs, and the fee for copies shall be in accordance with Section 27366 of the Government Code. If the filing officer is the Secretary of State, the certificate shall be issued as part of a combined certificate pursuant to Section 9528 of the Commercial Code, and the fee for the certificate and copies shall be in accordance with that section.

history: (History: Amended by Stats. 2012, Ch. 494, Sec. 2. (SB 1532) Effective January 1, 2013.)


citation: CCP § 2104

text:
The fee charged for recording and indexing each notice of lien or certificate or notice affecting the lien filed with the county recorder shall be the same as those established by Article 5 (commencing with Section 27360) of Chapter 6 of Part 3 of Division 2 of Title 3 of the Government Code for the recording and indexing of documents.

The fee for filing and indexing each notice of lien or certificate or notice affecting the lien with the office of the Secretary of State is set forth in subdivision (a) of Section 12194 of the Government Code.

The officer shall bill the district directors of internal revenue or other appropriate federal officials on a monthly basis for fees for documents recorded or filed by the county recorder or the Secretary of State.

history: (History: Amended by Stats. 1999, Ch. 1000, Sec. 13. Effective January 1, 2000.)


citation: CCP § 2105

text: Filing officers with whom notices of federal tax liens, certificates and notices affecting such liens have been filed on or before January 1, 1968, shall, after that date, continue to maintain a file labeled “federal tax lien notices filed prior to January 2, 1968” containing notices and certificates filed in numerical order of receipt. If a notice of lien was filed on or before January 1, 1968, any certificate or notice affecting the lien shall be filed in the same office.


citation: CCP § 2106

text: This title shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this title among states enacting it.


text: This title shall be applied and construed to permit the transmission, filing, recording, and indexing of notices of federal tax liens and all certificates that relate to or affect those liens, including, but not limited to, certificates of release, discharge, subordination, and nonattachment, by electronic or magnetic means, using computerized data processing, telecommunications, and other similar information technologies available to the filing offices.

history: (History: Added by Stats. 1998, Ch. 463, Sec. 1. Effective January 1, 1999.)


citation: CCP § 2107

text: This title may be cited as the Uniform Federal Lien Registration Act.


kind: title

number: OF

title: ACT

path: OF. ACT


kind: part

title: OF COURTS OF JUSTICE

path: OF. ACT > 1. OF COURTS OF JUSTICE


title: ORGANIZATION AND JURISDICTION

path: 1. ORGANIZATION AND JURISDICTION


kind: chapter

title: Courts of Justice in General

path: 1. ORGANIZATION AND JURISDICTION > 1. Courts of Justice in General


title: Supreme Court

path: 1. ORGANIZATION AND JURISDICTION > 3. Supreme Court


title: Superior Courts

path: 1. ORGANIZATION AND JURISDICTION > 4. Superior Courts


title: Limited Civil Cases

path: 1. ORGANIZATION AND JURISDICTION > 5.1. Limited Civil Cases


kind: article

title: Jurisdiction in Limited Civil Cases

path: 1. ORGANIZATION AND JURISDICTION > 5.1. Limited Civil Cases > 1. Jurisdiction in Limited Civil Cases


path: 1. ORGANIZATION AND JURISDICTION > 5.1. Limited Civil Cases > 2. Economic Litigation for Limited Civil Cases


title: Small Claims Court

path: 1. ORGANIZATION AND JURISDICTION > 5.5. Small Claims Court


title: General Provisions

path: 1. ORGANIZATION AND JURISDICTION > 5.5. Small Claims Court > 1. General Provisions


title: Small Claims Court

path: 1. ORGANIZATION AND JURISDICTION > 5.5. Small Claims Court > 2. Small Claims Court


title: Actions

path: 1. ORGANIZATION AND JURISDICTION > 5.5. Small Claims Court > 3. Actions


title: Parties

path: 1. ORGANIZATION AND JURISDICTION > 5.5. Small Claims Court > 4. Parties


title: Hearing

path: 1. ORGANIZATION AND JURISDICTION > 5.5. Small Claims Court > 5. Hearing


title: Judgment

path: 1. ORGANIZATION AND JURISDICTION > 5.5. Small Claims Court > 6. Judgment


path: 1. ORGANIZATION AND JURISDICTION > 5.5. Small Claims Court > 7. Motion to Vacate, Appeal, and Related Matters


path: 1. ORGANIZATION AND JURISDICTION > 5.5. Small Claims Court > 8. Satisfaction and Enforcement of Judgment


title: Administration

path: 1. ORGANIZATION AND JURISDICTION > 5.5. Small Claims Court > 9. Administration


path: 1. ORGANIZATION AND JURISDICTION > 6. General Provisions Respecting Courts of Justice


title: Open Court Access

path: 1. ORGANIZATION AND JURISDICTION > 6. General Provisions Respecting Courts of Justice > 1. Open Court Access


title: Incidental Powers and Duties of Courts

path: 1. ORGANIZATION AND JURISDICTION > 6. General Provisions Respecting Courts of Justice > 2. Incidental Powers and Duties of Courts


title: Judicial Holidays

path: 1. ORGANIZATION AND JURISDICTION > 6. General Provisions Respecting Courts of Justice > 3. Judicial Holidays


title: Proceedings in Case of Absence of Judge

path: 1. ORGANIZATION AND JURISDICTION > 6. General Provisions Respecting Courts of Justice > 4. Proceedings in Case of Absence of Judge


title: Seals of Courts

path: 1. ORGANIZATION AND JURISDICTION > 6. General Provisions Respecting Courts of Justice > 6. Seals of Courts


title: Special Immigrant Juvenile Findings

path: 1. ORGANIZATION AND JURISDICTION > 7. Special Immigrant Juvenile Findings


title: JUDICIAL OFFICERS

path: 2. JUDICIAL OFFICERS


title: Powers of Judges at Chambers

path: 2. JUDICIAL OFFICERS > 2. Powers of Judges at Chambers


title: Disqualifications of Judges

path: 2. JUDICIAL OFFICERS > 3. Disqualifications of Judges


path: 2. JUDICIAL OFFICERS > 4. Incidental Powers and Duties of Judicial Officers


path: 2. JUDICIAL OFFICERS > 5. Miscellaneous Provisions Respecting Courts of Justice


path: 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE


title: Trial Jury Selection and Management Act

path: 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE > 1. Trial Jury Selection and Management Act


title: Court Commissioners

path: 3. PERSONS SPECIALLY INVESTED WITH POWERS OF A JUDICIAL NATURE > 2. Court Commissioners


path: 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE


title: Of Ministerial Officers Generally

path: 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE > 1. Of Ministerial Officers Generally


path: 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE > 2. Levying Officer Electronic Transactions Act


title: Phonographic Reporters

path: 4. MINISTERIAL OFFICERS OF COURTS OF JUSTICE > 3. Phonographic Reporters


path: 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE


title: Attorneys and Counselors at Law

path: 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE > 1. Attorneys and Counselors at Law


title: OF CIVIL ACTIONS

path: 5. PERSONS SPECIALLY INVESTED WITH MINISTERIAL POWERS RELATING TO COURTS OF JUSTICE > 2. OF CIVIL ACTIONS


title: OF THE FORM OF CIVIL ACTIONS

path: 1. OF THE FORM OF CIVIL ACTIONS


title: OF THE TIME OF COMMENCING CIVIL ACTIONS

path: 2. OF THE TIME OF COMMENCING CIVIL ACTIONS


path: 2. OF THE TIME OF COMMENCING CIVIL ACTIONS > 1. The Time of Commencing Actions in General


path: 2. OF THE TIME OF COMMENCING CIVIL ACTIONS > 2. The Time of Commencing Actions for the Recovery of Real Property


path: 2. OF THE TIME OF COMMENCING CIVIL ACTIONS > 3. The Time of Commencing Actions Other Than for the Recovery of Real Property


path: 2. OF THE TIME OF COMMENCING CIVIL ACTIONS > 4. General Provisions as to the Time of Commencing Actions


path: 2. OF THE TIME OF COMMENCING CIVIL ACTIONS > 5. The Commencement of Actions Based Upon Professional Negligence


path: 2. OF THE TIME OF COMMENCING CIVIL ACTIONS > 6. Time of Commencement of Action After Person’s Death


title: OF THE PARTIES TO CIVIL ACTIONS

path: 3. OF THE PARTIES TO CIVIL ACTIONS


title: General Provisions

path: 3. OF THE PARTIES TO CIVIL ACTIONS > 1. General Provisions


title: Married Person

path: 3. OF THE PARTIES TO CIVIL ACTIONS > 2. Married Person


title: Disability of Party

path: 3. OF THE PARTIES TO CIVIL ACTIONS > 3. Disability of Party


title: Effect of Death

path: 3. OF THE PARTIES TO CIVIL ACTIONS > 4. Effect of Death


title: Definitions

path: 3. OF THE PARTIES TO CIVIL ACTIONS > 4. Effect of Death > 1. Definitions


title: Survival and Continuation

path: 3. OF THE PARTIES TO CIVIL ACTIONS > 4. Effect of Death > 2. Survival and Continuation


title: Decedent’s Cause of Action

path: 3. OF THE PARTIES TO CIVIL ACTIONS > 4. Effect of Death > 3. Decedent’s Cause of Action


title: Cause of Action Against Decedent

path: 3. OF THE PARTIES TO CIVIL ACTIONS > 4. Effect of Death > 4. Cause of Action Against Decedent


title: Insured Claims

path: 3. OF THE PARTIES TO CIVIL ACTIONS > 4. Effect of Death > 5. Insured Claims


title: Wrongful Death

path: 3. OF THE PARTIES TO CIVIL ACTIONS > 4. Effect of Death > 6. Wrongful Death


title: Permissive Joinder

path: 3. OF THE PARTIES TO CIVIL ACTIONS > 5. Permissive Joinder


title: Interpleader

path: 3. OF THE PARTIES TO CIVIL ACTIONS > 6. Interpleader


title: Intervention

path: 3. OF THE PARTIES TO CIVIL ACTIONS > 7. Intervention


title: Compulsory Joinder

path: 3. OF THE PARTIES TO CIVIL ACTIONS > 8. Compulsory Joinder


title: VEXATIOUS LITIGANTS

path: 3A. VEXATIOUS LITIGANTS


path: 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS


title: Place of Trial

path: 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS > 1. Place of Trial


path: 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS > 2. Reclassification of Civil Actions and Proceedings


title: Coordination

path: 4. OF THE PLACE OF TRIAL, RECLASSIFICATION, AND COORDINATION OF CIVIL ACTIONS > 3. Coordination


title: RECORDING NOTICE OF CERTAIN ACTIONS

path: 4.5. RECORDING NOTICE OF CERTAIN ACTIONS


title: Definitions and General Provisions

path: 4.5. RECORDING NOTICE OF CERTAIN ACTIONS > 1. Definitions and General Provisions


title: Recordation Service and Filing

path: 4.5. RECORDING NOTICE OF CERTAIN ACTIONS > 2. Recordation Service and Filing


title: Expungement and Other Relief

path: 4.5. RECORDING NOTICE OF CERTAIN ACTIONS > 3. Expungement and Other Relief


title: Withdrawal

path: 4.5. RECORDING NOTICE OF CERTAIN ACTIONS > 4. Withdrawal


path: 4.5. RECORDING NOTICE OF CERTAIN ACTIONS > 5. Effect of Withdrawal or Expungement of Notice


title: JURISDICTION AND SERVICE OF PROCESS

path: 5. JURISDICTION AND SERVICE OF PROCESS


title: Jurisdiction and Forum

path: 5. JURISDICTION AND SERVICE OF PROCESS > 1. Jurisdiction and Forum


title: Jurisdiction

path: 5. JURISDICTION AND SERVICE OF PROCESS > 1. Jurisdiction and Forum > 1. Jurisdiction


title: Forum

path: 5. JURISDICTION AND SERVICE OF PROCESS > 1. Jurisdiction and Forum > 2. Forum


title: Jurisdiction in Action

path: 5. JURISDICTION AND SERVICE OF PROCESS > 1. Jurisdiction and Forum > 3. Jurisdiction in Action


title: Commencing Civil Actions

path: 5. JURISDICTION AND SERVICE OF PROCESS > 2. Commencing Civil Actions


title: Summons

path: 5. JURISDICTION AND SERVICE OF PROCESS > 3. Summons


title: Service of Summons

path: 5. JURISDICTION AND SERVICE OF PROCESS > 4. Service of Summons


title: General

path: 5. JURISDICTION AND SERVICE OF PROCESS > 4. Service of Summons > 1. General


title: Persons Who May Serve Summons

path: 5. JURISDICTION AND SERVICE OF PROCESS > 4. Service of Summons > 2. Persons Who May Serve Summons


title: Manner of Service of Summons

path: 5. JURISDICTION AND SERVICE OF PROCESS > 4. Service of Summons > 3. Manner of Service of Summons


title: Persons Upon Whom Summons May Be Served

path: 5. JURISDICTION AND SERVICE OF PROCESS > 4. Service of Summons > 4. Persons Upon Whom Summons May Be Served


title: Proof of Service

path: 5. JURISDICTION AND SERVICE OF PROCESS > 4. Service of Summons > 5. Proof of Service


title: Objection to Jurisdiction

path: 5. JURISDICTION AND SERVICE OF PROCESS > 5. Objection to Jurisdiction


title: OF THE PLEADINGS IN CIVIL ACTIONS

path: 6. OF THE PLEADINGS IN CIVIL ACTIONS


title: The Pleadings in General

path: 6. OF THE PLEADINGS IN CIVIL ACTIONS > 1. The Pleadings in General


title: Pleadings Demanding Relief

path: 6. OF THE PLEADINGS IN CIVIL ACTIONS > 2. Pleadings Demanding Relief


title: General Provisions

path: 6. OF THE PLEADINGS IN CIVIL ACTIONS > 2. Pleadings Demanding Relief > 1. General Provisions


title: Compulsory Cross-Complaints

path: 6. OF THE PLEADINGS IN CIVIL ACTIONS > 2. Pleadings Demanding Relief > 2. Compulsory Cross-Complaints


title: Permissive Joinder of Causes of Action

path: 6. OF THE PLEADINGS IN CIVIL ACTIONS > 2. Pleadings Demanding Relief > 3. Permissive Joinder of Causes of Action


title: Cross-Complaints

path: 6. OF THE PLEADINGS IN CIVIL ACTIONS > 2. Pleadings Demanding Relief > 4. Cross-Complaints


path: 6. OF THE PLEADINGS IN CIVIL ACTIONS > 2. Pleadings Demanding Relief > 5. Contents of Documents in Particular Actions or Proceedings


path: 6. OF THE PLEADINGS IN CIVIL ACTIONS > 3. Objections to Pleadings; Denials and Defenses


title: Objections to Pleadings

path: 6. OF THE PLEADINGS IN CIVIL ACTIONS > 3. Objections to Pleadings; Denials and Defenses > 1. Objections to Pleadings


title: Denials and Defenses

path: 6. OF THE PLEADINGS IN CIVIL ACTIONS > 3. Objections to Pleadings; Denials and Defenses > 2. Denials and Defenses


title: Time to Respond to Cross-Complaint

path: 6. OF THE PLEADINGS IN CIVIL ACTIONS > 3. Objections to Pleadings; Denials and Defenses > 3. Time to Respond to Cross-Complaint


title: Motion to Strike

path: 6. OF THE PLEADINGS IN CIVIL ACTIONS > 4. Motion to Strike


path: 6. OF THE PLEADINGS IN CIVIL ACTIONS > 5. Summary Judgments and Motions for Judgment on the Pleadings


title: Verification of Pleadings

path: 6. OF THE PLEADINGS IN CIVIL ACTIONS > 6. Verification of Pleadings


title: General Rules of Pleading

path: 6. OF THE PLEADINGS IN CIVIL ACTIONS > 7. General Rules of Pleading


path: 6. OF THE PLEADINGS IN CIVIL ACTIONS > 8. Variance—Mistakes in Pleadings and Amendments


title: ATTACHMENT

path: 6.5. ATTACHMENT


title: Words and Phrases Defined

path: 6.5. ATTACHMENT > 1. Words and Phrases Defined


title: General Provisions

path: 6.5. ATTACHMENT > 2. General Provisions


title: Actions in Which Attachment Authorized

path: 6.5. ATTACHMENT > 3. Actions in Which Attachment Authorized


path: 6.5. ATTACHMENT > 4. Noticed Hearing Procedure for Obtaining Writ of Attachment


path: 6.5. ATTACHMENT > 4. Noticed Hearing Procedure for Obtaining Writ of Attachment > 1. Right to Attach Order; Issuance of Writ of Attachment


path: 6.5. ATTACHMENT > 4. Noticed Hearing Procedure for Obtaining Writ of Attachment > 2. Noticed Hearing Procedure for Obtaining Additional Writs


path: 6.5. ATTACHMENT > 4. Noticed Hearing Procedure for Obtaining Writ of Attachment > 3. Ex Parte Procedure for Obtaining Additional Writs


path: 6.5. ATTACHMENT > 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment


title: Great or Irreparable Injury Requirement

path: 6.5. ATTACHMENT > 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment > 1. Great or Irreparable Injury Requirement


path: 6.5. ATTACHMENT > 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment > 2. Order Determining Right to Attach; Issuance of Writ of Attachment


path: 6.5. ATTACHMENT > 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment > 3. Procedure for Obtaining Additional Writs


title: Claim of Exemption

path: 6.5. ATTACHMENT > 5. Ex Parte Hearing Procedure for Obtaining Writ of Attachment > 4. Claim of Exemption


title: Temporary Protective Order

path: 6.5. ATTACHMENT > 6. Temporary Protective Order


title: Property Subject to Attachment

path: 6.5. ATTACHMENT > 7. Property Subject to Attachment


path: 6.5. ATTACHMENT > 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property


title: General Provisions

path: 6.5. ATTACHMENT > 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property > 1. General Provisions


title: Methods of Levy

path: 6.5. ATTACHMENT > 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property > 2. Methods of Levy


title: Lien of Attachment

path: 6.5. ATTACHMENT > 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property > 3. Lien of Attachment


path: 6.5. ATTACHMENT > 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property > 4. Duties and Liabilities of Third Persons After Levy


path: 6.5. ATTACHMENT > 8. Levy Procedures; Lien of Attachment; Management and Disposition of Attached Property > 5. Management and Disposition of Attached Property


title: Undertakings

path: 6.5. ATTACHMENT > 9. Undertakings


title: General Provisions

path: 6.5. ATTACHMENT > 9. Undertakings > 1. General Provisions


path: 6.5. ATTACHMENT > 9. Undertakings > 2. Undertakings to Obtain Writ of Attachment or Protective Order


path: 6.5. ATTACHMENT > 9. Undertakings > 3. Undertaking to Obtain Release of Attachment or Protective Order


title: Undertaking on Appeal

path: 6.5. ATTACHMENT > 9. Undertakings > 4. Undertaking on Appeal


title: Liability for Wrongful Attachment

path: 6.5. ATTACHMENT > 10. Liability for Wrongful Attachment


path: 6.5. ATTACHMENT > 11. Attaching Plaintiff’s Miscellaneous Remedies


title: Examination of Third Person

path: 6.5. ATTACHMENT > 11. Attaching Plaintiff’s Miscellaneous Remedies > 1. Examination of Third Person


title: Creditor’s Suit

path: 6.5. ATTACHMENT > 11. Attaching Plaintiff’s Miscellaneous Remedies > 2. Creditor’s Suit


title: Lien in Pending Action or Proceeding

path: 6.5. ATTACHMENT > 11. Attaching Plaintiff’s Miscellaneous Remedies > 3. Lien in Pending Action or Proceeding


title: Nonresident Attachment

path: 6.5. ATTACHMENT > 12. Nonresident Attachment


path: 6.5. ATTACHMENT > 13. Effect of Bankruptcy Proceedings and General Assignments for the Benefit of Creditors


path: 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS


title: General Provisions

path: 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS > 1. General Provisions


title: Claim and Delivery of Personal Property

path: 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS > 2. Claim and Delivery of Personal Property


title: Words and Phrases Defined

path: 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS > 2. Claim and Delivery of Personal Property > 1. Words and Phrases Defined


title: Writ of Possession

path: 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS > 2. Claim and Delivery of Personal Property > 2. Writ of Possession


title: Temporary Restraining Order

path: 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS > 2. Claim and Delivery of Personal Property > 3. Temporary Restraining Order


title: Levy and Custody

path: 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS > 2. Claim and Delivery of Personal Property > 4. Levy and Custody


title: Undertakings

path: 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS > 2. Claim and Delivery of Personal Property > 5. Undertakings


title: Miscellaneous Provisions

path: 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS > 2. Claim and Delivery of Personal Property > 6. Miscellaneous Provisions


title: Injunction

path: 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS > 3. Injunction


title: Receivers

path: 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS > 5. Receivers


path: 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS > 5A. Undertaking of Persons Handling Private Property or Funds


title: Deposit in Court

path: 7. OTHER PROVISIONAL REMEDIES IN CIVIL ACTIONS > 6. Deposit in Court


title: PRETRIAL CONFERENCES

path: 7a. PRETRIAL CONFERENCES


path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS


title: Judgment in General

path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 1. Judgment in General


title: Dismissal for Delay in Prosecution

path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 1.5. Dismissal for Delay in Prosecution


title: Definitions and General Provisions

path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 1.5. Dismissal for Delay in Prosecution > 1. Definitions and General Provisions


title: Mandatory Time for Service of Summons

path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 1.5. Dismissal for Delay in Prosecution > 2. Mandatory Time for Service of Summons


path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 1.5. Dismissal for Delay in Prosecution > 3. Mandatory Time for Bringing Action to Trial or New Trial


title: Discretionary Dismissal for Delay

path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 1.5. Dismissal for Delay in Prosecution > 4. Discretionary Dismissal for Delay


title: Judgment Upon Failure to Answer

path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 2. Judgment Upon Failure to Answer


path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 3. Issues—The Mode of Trial and Postponements


title: Trial by Jury

path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 4. Trial by Jury


title: Conduct of the Trial

path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 4. Trial by Jury > 2. Conduct of the Trial


title: The Verdict

path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 4. Trial by Jury > 3. The Verdict


title: Voluntary Expedited Jury Trials

path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 4.5. Voluntary Expedited Jury Trials


path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 4.6. Mandatory Expedited Jury Trials in Limited Civil Cases


title: Trial by the Court

path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 5. Trial by the Court


title: Of References and Trials by Referees

path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 6. Of References and Trials by Referees


path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 7. Provisions Relating to Trials in General


title: Exceptions

path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 7. Provisions Relating to Trials in General > 1. Exceptions


title: View by Trier of Fact

path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 7. Provisions Relating to Trials in General > 1.5. View by Trier of Fact


title: New Trials

path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 7. Provisions Relating to Trials in General > 2. New Trials


path: 8. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS > 8. The Manner of Giving and Entering Judgment


title: UNIFORM FOREIGN-MONEY CLAIMS ACT

path: 8.5. UNIFORM FOREIGN-MONEY CLAIMS ACT


title: ENFORCEMENT OF JUDGMENTS

path: 9. ENFORCEMENT OF JUDGMENTS


kind: division

title: DEFINITIONS AND GENERAL PROVISIONS

path: 9. ENFORCEMENT OF JUDGMENTS > 1. DEFINITIONS AND GENERAL PROVISIONS


title: Short Title and Definitions

path: 9. ENFORCEMENT OF JUDGMENTS > 1. Short Title and Definitions


title: General Provisions

path: 9. ENFORCEMENT OF JUDGMENTS > 2. General Provisions


path: 9. ENFORCEMENT OF JUDGMENTS > 3. Period for Enforcement and Renewal of Judgments


title: Period for Enforcement of Judgments

path: 9. ENFORCEMENT OF JUDGMENTS > 3. Period for Enforcement and Renewal of Judgments > 1. Period for Enforcement of Judgments


title: Renewal of Judgments

path: 9. ENFORCEMENT OF JUDGMENTS > 3. Period for Enforcement and Renewal of Judgments > 2. Renewal of Judgments


title: Application of Chapter

path: 9. ENFORCEMENT OF JUDGMENTS > 3. Period for Enforcement and Renewal of Judgments > 3. Application of Chapter


path: 9. ENFORCEMENT OF JUDGMENTS > 4. Manner of Service of Writs, Notices, and Other Papers


path: 9. ENFORCEMENT OF JUDGMENTS > 4. Manner of Service of Writs, Notices, and Other Papers > 1. Service on Attorney of Creditor or Debtor


title: Manner of Service Generally

path: 9. ENFORCEMENT OF JUDGMENTS > 4. Manner of Service of Writs, Notices, and Other Papers > 2. Manner of Service Generally


title: Proof of Service

path: 9. ENFORCEMENT OF JUDGMENTS > 4. Manner of Service of Writs, Notices, and Other Papers > 3. Proof of Service


title: Application of Chapter

path: 9. ENFORCEMENT OF JUDGMENTS > 4. Manner of Service of Writs, Notices, and Other Papers > 4. Application of Chapter


title: Interest and Costs

path: 9. ENFORCEMENT OF JUDGMENTS > 5. Interest and Costs


path: 9. ENFORCEMENT OF JUDGMENTS > 6. Enforcement After Death of Judgment Creditor or Judgment Debtor


title: Levying Officers

path: 9. ENFORCEMENT OF JUDGMENTS > 7. Levying Officers


title: Enforcement of State Tax Liability

path: 9. ENFORCEMENT OF JUDGMENTS > 8. Enforcement of State Tax Liability


path: 9. ENFORCEMENT OF JUDGMENTS > 8. Enforcement of State Tax Liability > 1. Enforcement Pursuant to Warrant or Notice of Levy


title: Enforcement of Judgment for Taxes

path: 9. ENFORCEMENT OF JUDGMENTS > 8. Enforcement of State Tax Liability > 2. Enforcement of Judgment for Taxes


title: Enforcement of Support Judgments

path: 9. ENFORCEMENT OF JUDGMENTS > 9. Enforcement of Support Judgments


path: 9. ENFORCEMENT OF JUDGMENTS > 10. Enforcement of Judgments by Labor Commissioner


title: Transitional Provisions

path: 9. ENFORCEMENT OF JUDGMENTS > 20. Transitional Provisions


title: ENFORCEMENT OF MONEY JUDGMENTS

path: 9. ENFORCEMENT OF JUDGMENTS > 20. Transitional Provisions > 2. ENFORCEMENT OF MONEY JUDGMENTS


title: General Provisions

path: 9. ENFORCEMENT OF JUDGMENTS > 1. General Provisions


path: 9. ENFORCEMENT OF JUDGMENTS > 1. General Provisions > 1. Property Subject to Enforcement of Money Judgment


title: Amount to Satisfy Money Judgment

path: 9. ENFORCEMENT OF JUDGMENTS > 1. General Provisions > 2. Amount to Satisfy Money Judgment


title: Liens

path: 9. ENFORCEMENT OF JUDGMENTS > 2. Liens


title: General Provisions

path: 9. ENFORCEMENT OF JUDGMENTS > 2. Liens > 1. General Provisions


title: Judgment Lien on Real Property

path: 9. ENFORCEMENT OF JUDGMENTS > 2. Liens > 2. Judgment Lien on Real Property


title: Judgment Lien on Personal Property

path: 9. ENFORCEMENT OF JUDGMENTS > 2. Liens > 3. Judgment Lien on Personal Property


title: Execution Lien

path: 9. ENFORCEMENT OF JUDGMENTS > 2. Liens > 4. Execution Lien


path: 9. ENFORCEMENT OF JUDGMENTS > 2. Liens > 5. Other Liens Created by Enforcement Process


title: Execution

path: 9. ENFORCEMENT OF JUDGMENTS > 3. Execution


title: General Provisions

path: 9. ENFORCEMENT OF JUDGMENTS > 3. Execution > 1. General Provisions


title: Writ of Execution and Notice of Levy

path: 9. ENFORCEMENT OF JUDGMENTS > 3. Execution > 2. Writ of Execution and Notice of Levy


title: Property Subject to Execution

path: 9. ENFORCEMENT OF JUDGMENTS > 3. Execution > 3. Property Subject to Execution


title: Methods of Levy

path: 9. ENFORCEMENT OF JUDGMENTS > 3. Execution > 4. Methods of Levy


path: 9. ENFORCEMENT OF JUDGMENTS > 3. Execution > 5. Duties and Liabilities of Third Persons After Levy


title: Sale and Collection

path: 9. ENFORCEMENT OF JUDGMENTS > 3. Execution > 6. Sale and Collection


path: 9. ENFORCEMENT OF JUDGMENTS > 3. Execution > 7. Distribution of Proceeds of Sale or Collection


title: Exemptions

path: 9. ENFORCEMENT OF JUDGMENTS > 4. Exemptions


title: General Provisions

path: 9. ENFORCEMENT OF JUDGMENTS > 4. Exemptions > 1. General Provisions


path: 9. ENFORCEMENT OF JUDGMENTS > 4. Exemptions > 2. Procedure for Claiming Exemptions After Levy


title: Exempt Property

path: 9. ENFORCEMENT OF JUDGMENTS > 4. Exemptions > 3. Exempt Property


title: Homestead Exemption

path: 9. ENFORCEMENT OF JUDGMENTS > 4. Exemptions > 4. Homestead Exemption


title: Declared Homesteads

path: 9. ENFORCEMENT OF JUDGMENTS > 4. Exemptions > 5. Declared Homesteads


title: Wage Garnishment

path: 9. ENFORCEMENT OF JUDGMENTS > 5. Wage Garnishment


title: Short Title; Definitions

path: 9. ENFORCEMENT OF JUDGMENTS > 5. Wage Garnishment > 1. Short Title; Definitions


title: General Provisions

path: 9. ENFORCEMENT OF JUDGMENTS > 5. Wage Garnishment > 2. General Provisions


title: Restrictions on Earnings Withholding

path: 9. ENFORCEMENT OF JUDGMENTS > 5. Wage Garnishment > 3. Restrictions on Earnings Withholding


title: Earnings Withholding Order for Taxes

path: 9. ENFORCEMENT OF JUDGMENTS > 5. Wage Garnishment > 4. Earnings Withholding Order for Taxes


path: 9. ENFORCEMENT OF JUDGMENTS > 5. Wage Garnishment > 5. Procedure for Earnings Withholding Orders and Exemption Claims


title: Forms; Employer’s Instructions

path: 9. ENFORCEMENT OF JUDGMENTS > 5. Wage Garnishment > 6. Forms; Employer’s Instructions


title: Administration and Enforcement

path: 9. ENFORCEMENT OF JUDGMENTS > 5. Wage Garnishment > 7. Administration and Enforcement


title: Miscellaneous Creditors’ Remedies

path: 9. ENFORCEMENT OF JUDGMENTS > 6. Miscellaneous Creditors’ Remedies


path: 9. ENFORCEMENT OF JUDGMENTS > 6. Miscellaneous Creditors’ Remedies > 1. Written Interrogatories to Judgment Debtor


title: Examination Proceedings

path: 9. ENFORCEMENT OF JUDGMENTS > 6. Miscellaneous Creditors’ Remedies > 2. Examination Proceedings