Legal Question in Civil Litigation in California

general court procedures

I am defending my self in a civil complaint

1. where can I buy the numbered blank paper for my response, & what is that paper called (can't find it under forms)

2. How do I find local court rules of procedure.

3. I have sample ''motion for summary judgement & dismissal''.

Should it be filed along with my denial of allegations response, or after?

thanks


Asked on 4/05/02, 1:09 am

3 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: general court procedures

If the complaint you were served is not 'verified' then you may use the Judicial Council Form Answer. 'Verified' means that the complaint was sworn to under penalty of perjrury by the plaintiff or the plaitniff's attorney. If the plaintiff lives in a county other than the one the attorney practices law in. This permits you to do a general denial, and put in a lot of 'affirmative defenses.' Any motions will come later. The local court rules will be on the court's web site. The California Legislature has a web site with all the California statutes. Then if you need them there is a site with the (general) Rules of Court. The twenty eight line paper is available at stationary stores. You can find a legal package for you computer and it will print out 28 line paper. I have it as part of my word processing program. It prints out right along with what I'm drafting.

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Answered on 4/05/02, 9:08 am
Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: general court procedures

Thanks for your question:

1. The paper is called "Pleading paper" and can be bought at Staples, Office Depot, etc. If you have Word or Word Perfect, you can set up a template so it always has the numbered lines and prints that way along with your text.

2. Search on the web for the specific court (eg: "Los Angeles Superior Court"), then go to their website. It should be listed as "Local Rules". Try the following site: http://www.courtinfo.ca.gov/courts/trial/

and use their pulldown menu to find the right court.

3. The summary judgment has special timelines set forth in the CA Code of Civil Procedure.

If you have not filed an Answer yet, you should consult with an attorney (the sooner the better)to see if there is anything else you need to file (eg: Motion to Strike or Demurrer). I can discuss this with you if you would like.

Good luck. (714) 639-6582.

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Answered on 4/05/02, 12:03 pm
Larry Rothman Larry Rothman & Associates

Re: general court procedures

1) Independant stationery stores carry that paper. Word processing programs also have it.

2) Most local rules are on the Internet

3) There is no "form" for a Motion for summary judgment. It must be prepared citing evidence and law and is complicated. Also, you do not file it with your answer. You must wait until discovery is complete before you can file it (if applicable). Please contact me for free consultation if you desire any further information.

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Answered on 4/05/02, 7:35 pm


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