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CCP96 Trump all other discovery?


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I am about 30 days from trial. I have made doc requests and admissions requests. I have also sent CCP 96. Does CCP 96 trump all other discovery? Meaning if I haven't filed MTC the other discovery do I still need to since they are required by law to produce everything, including witnesses, that they are going to call at trial. It says right on the form that they may not produce anything else or anyone else except what they send in response to the CCP96. Am I missing anything here or should I still be MTCing??

Also, when I receive the CCP98, are there any docs I want the witness to bring too? I notice there are two versions and on one you can ask them to bring docs too.

Here's hoping to add one to the win column!

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Hi,

In our case, I did not file a CCP 96. As such, I'm uncomfortable advising you about it. But wanted to respond to you, to bump this post for other knowledgeable California respondants. ;)

You'll do great, and good luck!

:mrgreen:

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1stStep is right...they'll also give you a list of names and addresses of people they intend to call to trial, but they might try to get their testimony in through written testimony in lieu live testimony...that is when you'll want to subpoena those people and get them in court...can't cross against a piece of paper!

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Thanks everyone, especially Tigger for bumping to get a response. Can anyone suggest what documents I should be bringing to court other than copies of everything they sent me? I can no longer request discovery as I am within 30 days of trial. For instance when I attack the bill of sale do I introduce their bill of sale as my evidence?

And along the same lines, will they ccp96 me? If so do I send them back all the 'evidence' they sent me as that is what I will be using to prove they do not have standing and some of my other affirmative defenses?

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Thanks everyone, especially Tigger for bumping to get a response. Can anyone suggest what documents I should be bringing to court other than copies of everything they sent me? I can no longer request discovery as I am within 30 days of trial. For instance when I attack the bill of sale do I introduce their bill of sale as my evidence?

And along the same lines, will they ccp96 me? If so do I send them back all the 'evidence' they sent me as that is what I will be using to prove they do not have standing and some of my other affirmative defenses?

Here is the rest to CCP96:

(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.

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28 days Seadragon. I think I requested all the right things and got what it seems everyone else does -- bill of sale not naming me or an account, affidavit of assignment without 'under penalty of perjury statement', title of affiant, and probably not with first-hand personal knowledge, two cc statements none of which have any purchases or payments made on them just showing amount due and that it is past due. Not much of anything. I just don't do great with surprises so I am trying to make sure there aren't any and now trying to make sure that I can object if it didn't come with the bop request or the response to ccp96.

What else am I supposed to be doing? What do I bring to prove my affirmative defenses? I know there is a lot of talk on here about not raising them but I did because I read if you don't then you can't assert them later. Like lack of standing, it is their bill of sale and faulty affidavit that prove they don't have standing no? Do I bring them as my evidence??

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argue this that they did not send CCP96 within the time allowed by statute and have exceeded the discovery cutoff date.

Prep your motion in limine accordingly. did they send a declaration in lieu of live testimony?

If not they either entend to dismiss or are going to get a smackdown.

Don't introduce anything yet the CCP96 response is a game changer

prepare the case as if they are not going to submit any evidence.

did you prepare a trial brief and motion in limine?

Also when your case is called rush to the defendants side and when the attorney opens their mouth to speak say objection improper procedure defendant has a motion in limine and thus has the first word. This will prevent them from dismissing without prejudice because trial starts with the first objection.

Edited by Seadragon
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Well as luck would have it (or lack of luck) my daughter had mail she got from the mailbox earlier in the week and gave it to me today. Included was the ccp 96 response. Not clear what it means though. There was one document that was a ccp 96 request to me and then another document that was a declaration in lieu of testimony with exhibits attached. Does that mean that is their response to my ccp 96? Do exhibits attached to a ccp98 count as an answser to ccp96?

I plan to subpoena the person but which subpoena do I want to have served? And if it is the one with the docs what docs do I want them to bring? Their employment record to prove they don't or haven't worked for the OC? Anything else??

And how do I respond to their request for ccp96?

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you need to prepare for trial. If the declaration is abscent the CCP 2015.5 statement it is out. You need to subpoena the witness at the address listed in the declaration. The sherriff's court services division could serve this for you I think it is 35 dollars in LA county.

then prepare your own declaration supporting your trial brief. You don't need a declaration in lieu of because you are going to be there at trial and they can call you as a witness anyway because yoou are a party "I don't recall" is a good answer to questions.

you don't have any evidence to give them except rebuttal evidence so you really don't have anything to send them.

so here are the countdown steps

1. subpoena the affiant at the address listed in the CCP98 20 days before trial

2. Prepare the trial brief and motion in limine(use these posts to help:http://www.creditinfocenter.com/forums/1147211-post110.html)

3. organize the papers you have received in the case into a binder with tabs and an index.

4. prepare your oral arguements points and practice speaking about them

5. go to the court this week and observe trial with the judge to see ther courts demeanor

6. get ready for trial look up the local rules for the trial brief and the motion in limine.

7. relax and think eye of the tiger.

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