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The Rules of Civil Procedure

The Rules of Civil Procedure. The California Code of Civil Procedure The California Rules of Court Local Rules “Local Local ” Rules Federal Rules . Pre-Lawsuit Considerations (Administrative Procedures). The initial contact The intake interview The intake memorandum The conflict check

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The Rules of Civil Procedure

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  1. The Rules of Civil Procedure • The California Code of Civil Procedure • The California Rules of Court • Local Rules • “Local Local” Rules • Federal Rules

  2. Pre-Lawsuit Considerations(Administrative Procedures) • The initial contact • The intake interview • The intake memorandum • The conflict check • The engagement letter/retainer agreement

  3. Pre-Lawsuit Considerations(Substantive Procedures) • Pre-lawsuit research • Communications with opposing counsel • Communications with opposing party --if represented, almost never allowed --if represented, allowed if not abusive

  4. Statutes of Limitations • 1 year: libel, slander, false imprisonment, others (CCP §340) • 2 years: assault, battery, negligence, breach of contract not based on writing, others (CCP §339) • 3 years: harm to real property/trespass, fraud, others (CCP §338) • 4 years: breach of written contract, others (CCP §337)

  5. Special Demand/Notice Requirements • Claims against government entities • Claims against deceaseds’ estates

  6. Accrual of Cause of Action • A cause of action generally accrues, for statute of limitations purposes, at the time of the harm • If not known at that time, accrues when the ARP would have discovered the harm

  7. Major Case Milestones • Deciding whether to sue • Where to sue? Jurisdiction & venue • Drafting the summons and complaint • Service of process • Preparing a responsive pleading • Case becomes “at issue” • Discovery practice • Law and motion • Mediation? • Trial • Judgment & possible appeal

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