(Ibid.) The Rule 26 provision regarding timing of the discovery conference requires that “the parties must confer as soon as practicable – and in any event at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b).” (Fed. Rules Civ. Proc., rule 26(f)(1).)
In particular, Rule 56(d) provides that a court may deny a summary judgment motion and permit the opposing party to conduct discovery where it appears that the opposing party, in the absence of such discovery, is unable to present facts essential to opposing the motion.
Rule 8.25 of the California Rules of Court provides that before filing any document in court in a case in the Court of Appeal, a party must serve, by any method permitted by the Code of Civil Procedure, one copy of the document on the attorney for each party separately represented, on each unrepresented party, and on ...
A judicial branch entity must not sell, exchange, furnish, or otherwise provide a judicial administrative record subject to disclosure under this rule to a private entity in a manner that prevents a judicial branch entity from providing the record directly under this rule.
2060. (a) Upon written application by a party, the clerk shall enter an order joining as a party to the proceeding any employee benefit plan in which either party to the proceeding claims an interest that is or may be subject to disposition by the court.
No person may reveal any information contained in the application except as authorized by law or order of the court. An order granting access to an application or financial information may include limitations on who may access the information and on the use of the information after it has been released.
Federal Rule of Civil Procedure 11 is the federal rule that prohibits frivolous and unwarranted contentions in litigation and allows courts to sanction attorneys for violations. California's version appears in California Code of Civil Procedure §128.7, and California courts look at Rule 11 cases when they interpret § ...
20, § 9.4 - (Rule 9.4) Motion for Disqualification of Administrative Law Judge for Cause. (a) A party may move in any proceeding to disqualify the assigned Administrative Law Judge for having: (1) a financial interest in the subject matter in a proceeding or in a party to the proceeding.
If a document requires a signature by a court or a judicial officer, the document may be electronically signed in any manner permitted by law.
In addition to the language required by Business and Professions Code section 6067, the oath to be taken by every person on admission to practice law is to conclude with the following: "As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy and integrity."
(a) A lawyer shall not make an agreement for, charge, or collect an unconscionable or illegal fee.
(a) A lawyer shall not reveal information protected from disclosure by Business and Professions Code section 6068, subdivision (e)(1) unless the client gives informed consent,* or the disclosure is permitted by paragraph (b) of this rule.
According to California Rules of Court, rule 3.400, a complex case is: “An action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties and counsel. ...
Rule 1.100 of the California Rules of Court allows court participants with disabilities, including lawyers, parties, witnesses, and jurors, to request reasonable accommodations from the court. Request for Accommodations by Persons With Disabilities and Response (form MC-410) is available to make the request.
Local Rule 7-3 states, in relevant part: [Unless otherwise provided for in these Rules], counsel contemplating the filing of any motion shall first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.
Section 379 - Joinder as defendants (a) All persons may be joined in one action as defendants if there is asserted against them: (1) Any right to relief jointly, severally, or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any ...
Rule 8.160 of the California Rules of Court applies to sealed records in civil appeals, and subdivision (g) provides: “A record filed publicly in a reviewing court must not disclose material contained in a record that is sealed, lodged conditionally under seal, Page 2 2 or subject to a pending motion to seal.” “Record, ...
333(c) c) [Party deponent's appearance] A party deponent must appear at his or her deposition in person and be in the presence of the deposition officer.
California Rules of Court, rule 8.1120(a) permits any person to request publication. It does not specify who may oppose it or provide any procedure for doing so.
(1) A party that is both an appellant and a respondent must combine its respondent's brief with its appellant's opening brief or its reply brief, if any, whichever is appropriate under the briefing sequence that the reviewing court orders.
Pursuant to California Judicial Council Rule 4.210, a trial by written declaration may be requested in writing before your court date or at your court appearance. If you have filed a written request, then the court clerk must then within 15 calendar days of receiving your request, extend the appearance date 25 days.
If a notice or other paper is required to be given to or served on a party, the notice or service must be given to or made on the party's attorney of record, if any.
The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. Enacted by Stats.
Section 870 - Judgment binding and conclusive; time for filing notice of appeal (a) The judgment, if no appeal is taken, or if taken and the judgment is affirmed, shall, notwithstanding any other provision of law including, without limitation, Sections 473 and 473.5, thereupon become and thereafter be forever binding ...
Rule 5-100 Threatening Criminal, Administrative, or Disciplinary Charges. (A) A member shall not threaten to present criminal, administrative, or disciplinary charges to obtain an advantage in a civil dispute.