The California Litigator

February 15, 2012

By Barbara Haubrich-Hass, ACP/CAS

There are certain pleadings that are not to be filed with the court. I have wondered if there was a list of these documents, instead of memorizing each code section relating to that pleading, that tells you whether the pleading should be filed with the court. Well, to my surprise, California Rules of Court Rule 3.250(a) provides such a list.

"The following papers, whether offered separately or as attachments to other documents, may not be filed unless they are offered as relevant to the determination of an issue in a law and motion proceeding or other hearing or are ordered filed for good cause:  

  1. Subpoena;
  2. Subpoena duces tecum;
  3. Deposition notice, and response;
  4. Notice to consumer or employee, and objection;
  5. Notice of intention to record testimony by audio or video tape;
  6. Notice of intention to take an oral deposition by telephone, videoconference, or other remote electronic means;
  7. Agreement to set or extend time for deposition, agreement to extend time for response to discovery requests, and notice of these agreements;
  8. Interrogatories, and responses or objections to interrogatories;
  9. Demand for production or inspection of documents, things, and places, and responses or objections to demand; 
  10. Request for admissions, and responses or objections to request; 
  11. Agreement for physical and mental examinations; 
  12. Demand for delivery of medical reports, and response; 
  13. Demand for exchange of expert witnesses; 
  14. Demand for production of discoverable reports and writings of expert witnesses; 
  15. List of expert witnesses whose opinion a party intends to offer in evidence at trial and declaration; 
  16. Statement that a party does not presently intend to offer the testimony of any expert witness; 
  17. Declaration for additional discovery; 
  18. Stipulation to enlarge the scope of number of discovery requests from that specified by statute, and notice of the stipulation;
  19. Demand for bill of particulars or an accounting, and response;
  20. Request for statement of damages, and response, unless it is accompanied by a request to enter default and is the notice of special and general damages;
  21. Notice of deposit of jury fees;
  22. Notice to produce party, agent, or tangible things before a court, and response; and,
  23. Offer to compromise, unless accompanied by an original proof of acceptance and a written judgment for the court's signature and entry of judgment.

Unless the paper served is a response, the party who serves a paper listed in (a) must retain the original with the original proof of service affixed. The original of a response must be served, and it must be retained by the person upon whom it is served. All original papers must be retained until six months after final disposition of the case, unless the court on motion of any party and for good cause shown orders the original papers preserved for a longer period."

 


 

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©Copyright 2012 All Rights Reserved

DISCLAIMER: Barbara Haubrich-Hass, ACP/CAS, is not an attorney. Any information derived from The California Litigator, and any other statements contained herein, are for information purposes only, and should not be construed as legal advice or a recommendation on a legal matter. The information from The California Litigator is not guaranteed to be correct, complete, or current. Barbara makes no warranty, express or implied, about the accuracy or reliability of the information provided within this newsletter, or to any other website to which this e-zine/article may be linked.

 

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Do you want to use any of the articles on this website? You can so long as you include this entire blurb with it: "Barbara Haubrich-Hass, The California Litigator, publishes an e-zine that delivers simple discussions and strategies for the California civil litigation professional. Barbara’s discussions focus on common paralegal and law office tasks, such as pre-litigation document gathering, document preparation, filing rules, law and motion, discovery, arbitration, trial, deadline calculation, and post-trial procedures. More information is available at http://www.thecalifornialitigator.com

 

DISCLAIMER:  Barbara Haubrich-Hass, ACP/CAS, is not an attorney. Any information derived from The California Litigator, and any other statements contained herein, are for information purposes only, and should not be construed as legal advice or a recommendation on a legal matter. The information from The California Litigator is not guaranteed to be correct, complete, or current. Barbara makes no warranty, express or implied, about the accuracy or reliability of the information provided within this website, or to any other website to which this website or articles may be linked.