VLDCA Posted November 3, 2011 Report Share Posted November 3, 2011 (edited) 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 November 3, 2011 by VLDCA Link to comment Share on other sites More sharing options...
VLDCA Posted November 3, 2011 Author Report Share Posted November 3, 2011 CCP 96:(a) Any party may serve on any other party a request insubstantially the following form:TO: ___________________________________________ ,attorney for ___________________________________:You are requested to serve on the undersigned, within 20 days, astatement of: the names and addresses of witnesses (OTHER THAN APARTY WHO IS AN INDIVIDUAL) you intend to call at trial; adescription of physical evidence you intend to offer; and adescription and copies of documentary evidence you intend to offeror, if the documents are not available to you, a description of them.Witnesses and evidence that will be used only for impeachment neednot be included. YOU WILL NOT BE PERMITTED TO CALL ANY WITNESS, ORINTRODUCE ANY EVIDENCE, NOT INCLUDED IN THE STATEMENT SERVED INRESPONSE TO THIS REQUEST, EXCEPT AS OTHERWISE PROVIDED BY LAW.( The request shall be served no more than 45 days or less than30 days prior to the date first set for trial, unless otherwiseordered.© A statement responding to the request shall be served within20 days from the service of the request.(d) No additional, amended or late statement is permitted exceptby written stipulation or unless ordered for good cause on noticedmotion.(e) No request or statement served under this section shall befiled, unless otherwise ordered.(f) The clerk shall furnish forms for requests under this rule.(g) The time for performing acts required under this section shallbe 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 insubstantially 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. Link to comment Share on other sites More sharing options...
bad98roadster Posted November 3, 2011 Report Share Posted November 3, 2011 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 Link to comment Share on other sites More sharing options...
VLDCA Posted November 3, 2011 Author Report Share Posted November 3, 2011 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! Link to comment Share on other sites More sharing options...
VLDCA Posted November 3, 2011 Author Report Share Posted November 3, 2011 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 POSI 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! Link to comment Share on other sites More sharing options...
bad98roadster Posted November 3, 2011 Report Share Posted November 3, 2011 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.pdfhttp://www.courts.ca.gov/documents/pos030.pdfLook 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. =) Link to comment Share on other sites More sharing options...
VLDCA Posted November 3, 2011 Author Report Share Posted November 3, 2011 You're a doll! Thanks so much! Link to comment Share on other sites More sharing options...
bad98roadster Posted November 3, 2011 Report Share Posted November 3, 2011 http://www.courts.ca.gov/documents/pos040.pdf Link to comment Share on other sites More sharing options...
VLDCA Posted November 4, 2011 Author Report Share Posted November 4, 2011 Does anyone know if I 'HAVE' to send the Plaintiff a CCP 96 request? Thanks a bunch!! Link to comment Share on other sites More sharing options...
crlsjvr Posted November 11, 2011 Report Share Posted November 11, 2011 Does anyone know if I 'HAVE' to send the Plaintiff a CCP 96 request? Thanks a bunch!! Can any body comment on this ? I have the same question.Thank you Link to comment Share on other sites More sharing options...
mollymai Posted November 11, 2011 Report Share Posted November 11, 2011 (edited) I sent a CCP 96 form. I have not heard anything from the other side lawyer as of yet about the CCP 96, it's been a little over a week since I signed it. Edited November 19, 2011 by mollymai Link to comment Share on other sites More sharing options...
admin Posted November 11, 2011 Report Share Posted November 11, 2011 It sounds like it is to your advantage to serve them a CCP 96. Link to comment Share on other sites More sharing options...
calawyer Posted November 11, 2011 Report Share Posted November 11, 2011 Does anyone know if I 'HAVE' to send the Plaintiff a CCP 96 request? Thanks a bunch!! You are not required to send a CCP 96 request. Link to comment Share on other sites More sharing options...
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