sweatinginca Posted July 29, 2013 Report Share Posted July 29, 2013 Trial is 8/29. Have not received anything from the plaintiff since their response to request for BOP. CCP98 says they need to serve upon me a copy of the testimony and an address where I can serve a supoena on the witness, right? Maybe I'll see it here soon, but it seems like the 30 day deadline would be somewhere around now if I understand correctly. Link to comment Share on other sites More sharing options...
HotWheels96 Posted July 29, 2013 Report Share Posted July 29, 2013 Did you send a CCP96 by any chance? Link to comment Share on other sites More sharing options...
sweatinginca Posted July 29, 2013 Author Report Share Posted July 29, 2013 yeah i did on 7/22, but they have a few days left to respond to that. wasnt sure if CCP98 deadline was seperate Link to comment Share on other sites More sharing options...
RyanEX Posted July 29, 2013 Report Share Posted July 29, 2013 I believe they have 20 days to serve you with their response to the CCP96. Do you have a delivery confirmation date on the CCP96? Link to comment Share on other sites More sharing options...
sweatinginca Posted July 29, 2013 Author Report Share Posted July 29, 2013 yeah sent CMRR, USPS site is down but was delivered a day or two after being sent i believe. You're right they have 20 days. Wouldn't they have to send the CCP98 info to me 30 days before trial even if I did not send CCP96? that way I have my 20 days to supoena regardless if they still have time for CCP96 response Link to comment Share on other sites More sharing options...
HotWheels96 Posted July 29, 2013 Report Share Posted July 29, 2013 CAL. CCP. CODE § 98 : California Code - Section 98A party may, in lieu of presenting direct testimony, offer the prepared testimony of revelant witnesses in the form of affidavits or declarations under penalty of perjury. The prepared testimony may include, but need not be limited to, the opinions of expert witnesses, and testimony which authenticates documentary evidence. To the extent the contents of the prepared testimony would have been admissible were the witness to testify orally thereto, the prepared testimony shall be received as evidence in the case, provided that either of the following applies:( a ) A copy has been served on the party against whom it is offered at least 30 days prior to the trial, together with a current address of the affiant that is within 150 miles of the place of trial, and the affiant is available for service of process at that place for a reasonable period of time, during the 20 days immediately prior to trial.( b )The statement is in the form of all or part of a deposition in the case, and the party against whom it is offered had an opportunity to participate in the deposition.The court shall determine whether the affidavit or declaration shall be read into the record in lieu of oral testimony or admitted as a documentary exhibit.Here's the specifics of the CCP98 requirements. "A" specifically states it must be sent to you at least 30 days before trial. So my thinking is this; if they fail to send one, well, I think that's a good thing. It means they will have to have a witness from the OC present during the trial and you will be able to question them.And, when they respond to the CCP96 and include a witness (though I thought they weren't required to list witnesses...something about it not being required and something about impeachment. I've never understood that part of it so I'm hoping somebody with a better handle on the impeachment thing will explain that.) but, in the even they do list any, you can attempt to have them personally subpoenaed at the attorney's address, but only allow personal service. Any chance they listed possible witnesses at any point in the case? Link to comment Share on other sites More sharing options...
sweatinginca Posted July 29, 2013 Author Report Share Posted July 29, 2013 nope no witness list, no discovery from them, no evidence other than a screenshot of their software showing my account in response to request for BOP. CCP96 form includes a requirement to list all witnesses. I'll wait and see what the CCP96 response says I guess, and would assume if they try to submit the in leiu of testimony at trial I can object on the grounds that I did not receive a copy. Link to comment Share on other sites More sharing options...
Anon Amos Posted July 29, 2013 Report Share Posted July 29, 2013 They don't HAVE to send a ccp98; if they don't plan on using one, which would be highly unlikely. Anyway, TOMORROW is the deadline for them. You have to receive it 30 days before trial; anytime past that makes it inadmissible. Any response to your CCP96 to them after the 20 day deadline will also be inadmissible. Good Luck. Link to comment Share on other sites More sharing options...
ASTMedic Posted July 29, 2013 Report Share Posted July 29, 2013 Ya they don't have to use a CCP 98. They could use a live witness rather than the CCP 98 but that is rare. They sound like they are/were just out for a default and didn't intend to fight back. If they don't respond to the CCP 96 they will be dead in the water. 1 Link to comment Share on other sites More sharing options...
calawyer Posted July 29, 2013 Report Share Posted July 29, 2013 They don't HAVE to send a ccp98; if they don't plan on using one, which would be highly unlikely. Anyway, TOMORROW is the deadline for them. You have to receive it 30 days before trial; anytime past that makes it inadmissible. No. Plaintiff has to serve it 30 days before trial. That means put it in the mailbox on that date. It will therefore be received a few days later. 1 Link to comment Share on other sites More sharing options...
Anon Amos Posted July 29, 2013 Report Share Posted July 29, 2013 No. Plaintiff has to serve it 30 days before trial. That means put it in the mailbox on that date. It will therefore be received a few days later. Good looking out Calwayer! Link to comment Share on other sites More sharing options...
sweatinginca Posted July 30, 2013 Author Report Share Posted July 30, 2013 Thanks everyone. I will keep an eye on the mailbox for the next few days. Link to comment Share on other sites More sharing options...
sweatinginca Posted July 31, 2013 Author Report Share Posted July 31, 2013 I received plantiffs response to my CCP96, CCP98, and plantiffs CCP96 request today. they sent it yesterday via overnight. I will start a new thread looking for advice on how to move forward. Thanks again for the help. Link to comment Share on other sites More sharing options...
calawyer Posted July 31, 2013 Report Share Posted July 31, 2013 You might consider keeping this thread. Then we will have all of your other info in one place. 1 Link to comment Share on other sites More sharing options...
sweatinginca Posted July 31, 2013 Author Report Share Posted July 31, 2013 apologies CAL, did not catch your reply in time ( posted the new thread 1 minute before your reply :/ ). I made the new thread and will keep everything contained to that one thread moving forward. http://www.creditinfocenter.com/community/topic/321210-received-ccp98-and-response-to-ccp96-ca-30-days-to-trial/ Link to comment Share on other sites More sharing options...
calawyer Posted July 31, 2013 Report Share Posted July 31, 2013 No problem. I will "follow" that thread too. Link to comment Share on other sites More sharing options...
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