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To Notice or Not to Notice


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So there has been a discussion the last two days about sending a notice to appear to a person from plaintiffs side to show up at trial. Some posters believe that doesn't make sense because you are advising your adversary to show up. Others believe that you only should do a notice to appear in CA provided they did a CCP 98 declaration in lieu of testimony.

But what about another scenario, where no discovery was conducted by either party and plaintiff did not submit a CCP 98 declaration in lieu of testimony? The name of the witness they want to call was disclosed during CCP 96 demand. Should I notice or subpoena this person to show up so that if they don't we will win? Or wait to see if they'll show up and roll with it.

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California law is something I'm no expert in for sure !! However, I do believe in the see you in court method, but I'm not much for the wait and see who shows up approach.

I either want to know that person might show up and be ready for them, or already have the precluded with some pre-trial ruling or law ready to spring on them.

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Colt makes a strong point always easier to be prepared if you know who all the players are before the match begins.

Another thing to consider is "who ever" the affiant is they have signed 100's of affidavits, and by chance your court date maybe scheduled for the same time as another case in a different jurisdiction.

If the other case is worth more where do you think they are sending that affiant. I had this happen in a case where I was represented by an attorney, and of coarse they rescheduled the trial to fit the needs of the plaintiff's witness.

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Did the court allow them to reschedule?

Colt makes a strong point always easier to be prepared if you know who all the players are before the match begins.

Another thing to consider is "who ever" the affiant is they have signed 100's of affidavits, and by chance your court date maybe scheduled for the same time as another case in a different jurisdiction.

If the other case is worth more where do you think they are sending that affiant. I had this happen in a case where I was represented by an attorney, and of coarse they rescheduled the trial to fit the needs of the plaintiff's witness.

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