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Do I have to send a CCP 96?


VLDCA
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I'm in CA.

Ok I just realized today I have 32 days til trial. I have ran out of time to send my CCP 96. Its 35 days til trial for mailing. Do I have any other options if I have to send one? My trial is Dec 5, they have sent me their evidence. So I know what they will be presenting. I just don't want to send a CCP 96 late & they object to it being late.

Any advice welcomed!

Edited by VLDCA
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CCP 96:

(a) Any party may serve on any other party a request in

substantially the following form:

TO: ___________________________________________ ,

attorney for ___________________________________:

You are requested to serve on the undersigned, within 20 days, a

statement of: the names and addresses of witnesses (OTHER THAN A

PARTY WHO IS AN INDIVIDUAL) you intend to call at trial; a

description of physical evidence you intend to offer; and a

description and copies of documentary evidence you intend to offer

or, if the documents are not available to you, a description of them.

Witnesses and evidence that will be used only for impeachment need

not be included. YOU WILL NOT BE PERMITTED TO CALL ANY WITNESS, OR

INTRODUCE ANY EVIDENCE, NOT INCLUDED IN THE STATEMENT SERVED IN

RESPONSE TO THIS REQUEST, EXCEPT AS OTHERWISE PROVIDED BY LAW.

(B) The request shall be served no more than 45 days or less than

30 days prior to the date first set for trial, unless otherwise

ordered.

© A statement responding to the request shall be served within

20 days from the service of the request.

(d) No additional, amended or late statement is permitted except

by written stipulation or unless ordered for good cause on noticed

motion.

(e) No request or statement served under this section shall be

filed, unless otherwise ordered.

(f) The clerk shall furnish forms for requests under this rule.

(g) The time for performing acts required under this section shall

be computed as provided by law, including Section 1013.

________________________________________________________

So in the beginning it says (a) any party MAY serve on any other party a request in

substantially the following form:

So am I reading this right that I "MAY" serve one, in like I don't have to? I just feel I waited too long & now they may use it against me. I have been down this road & thought I learned a lesson, my first case used the LATE CCP 96 against me & objected, yet they responded to it, so the judge let it go.

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Have a third party;

Fax a copy tonight before 5pm(or tomorrow) along with a POS.

Overnight mail a copy tonight with a POS.

Email them a copy with a POS

I just realized my husband gets home around 10pm tonight & I read up on the fax & don't understand it. So I have to somehow get it there tomorrow. Wonder if there is a same day delivery service. I will go chk CRAP!

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So on the fax can I have Kinkos do it? Or should my husband do it from work?

CRAP, I don't want an objection!

http://www.courts.ca.gov/documents/pos050.pdf

http://www.courts.ca.gov/documents/pos030.pdf

Look at the proof of service forms available online. In my area the third party has to be 18 years old or older and not a party to the case.

Send it to the "other side" in every available format to you.

Even if you miss by 1 day, it might be difficult for the "other side" to establish that they were harmed by not having notice 1 day sooner (out of 30)

Good luck! and get to work. =)

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