MouseRabbit

In California Being Sued by Cavalry SPV I LLC as Assignee of Citibank NA

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if the deadline falls on a sunday, you can serve them the next business day, 

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1 minute ago, sadinca said:

if the deadline falls on a sunday, you can serve them the next business day, 

That's reassuring. I don't wanna miss the deadline.

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so they didn't object to any part of your request, they simply mailed those documents and about 12 statements. 

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14 minutes ago, sadinca said:

so they didn't object to any part of your request, they simply mailed those documents and about 12 statements. 

I'll check again when I get home but I don't recall anything that looked like an objection. There was a coversheet on numbered legal paper and it was followed by "exhibit a". I don't remember the exact language but pretty sure I didn't see any objection. 

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Re: BOP Demand - they didn't include any objections.

Re: Causes of Action  -

First Cause (Account Stated) - within past 4 years, an account was stated in writing in which it was agreed that defendant was indebted in the amount previously referenced herein. Although demand has been made upon defendant, said amount has not been paid, is now due, owing and unpaid from defendant to plaintiff, as successor in interest.

Second Cause (Open Book Account) - within past 4 years, defendant became indebted in the amount of the previously mentioned herein for a balance due on a book account for goods sold and delivered and or services rendered by Citibank NA. Although demand has been made upon defendant, said amount has not been paid, and is now due, owing and unpaid including attorney's fees from defendant to plaintiff as successor in interest.

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Good morning, I am pretty much in the exact same scenario with Cavalry. I was served a Summoms in October. Responded with general denial. In my naivness, contacted them and requested bill of particulars verbally but they sent a "verification of debt" that included a general card agreement with no identifying info on it, a few statements and a bill of sales identifying an electronic account that is alleged to be mine. I recieved a request for admissions and production of documents request almost identical to yours MouseRabbit that POS was dated February 14th. I have until March 19th to respond to their requests. I used the BOP sadinca listed on the dec. 22nd and mailed it certified yesterday. I am of the belief they have until March 8th to put BOP request in the mail and based on all correspondence I recieved so far from them, it should get to me in 3 days tops. Just wanted to share and let you know im following along, rooting for you and fighting them too!

 

 

 

 

 

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14 hours ago, MouseRabbit said:

Re: BOP Demand - they didn't include any objections.

 

can you DM me what the letter stated?

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Request For Admissions

1. Admit that ORIGINAL CREDITOR issued to YOU the ACCOUNT (for purposes of the Request for Admissions, "ORIGINAL CREDITOR" means Citibank, N.A., "YOU" and "YOUR" mean and refer to [MouseRabbit] your agents, attorneys, representatives or anyone acting on your behalf, and "ACCOUNT" means the Citibank, N.A. account number XXXXXXXXXXXX#### which is the subject of this lawsuit).

OBJECTION: Defendant Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that “agreement”, all credits that were made to the “account”, the price or charge for each item, materials or goods supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete “account.”

Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

2. Admit that YOU used said ACCOUNT (e.g., for purchases and/or cash advances).

OBJECTION: Defendant Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that “agreement”, all credits that were made to the “account”, the price or charge for each item, materials or goods supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete “account.”

Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

3. Admit that YOU and ORIGINAL CREDITOR entered into an agreement regarding the ACCOUNT.

OBJECTION: Defendant Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that “agreement”, all credits that were made to the “account”, the price or charge for each item, materials or goods supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete “account.”

Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

4. Admit that YOU agreed to pay ORIGINAL CREDITOR and its successors and assigned all outstanding balances owed on the ACCOUNT.

OBJECTION: Defendant Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that “agreement”, all credits that were made to the “account”, the price or charge for each item, materials or goods supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete “account.”

Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

5. Admit that ORIGINAL CREDITOR mailed monthly statements to YOU regarding YOUR ACCOUNT.

Objection: Defendant Objects on the grounds that this request is Argumentative and lacking in foundation. Specifically that any such “Monthly billing statements” were mailed.

Defendant further Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that “agreement”, all credits that were made to the “account”, the price or charge for each item, materials or goods supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete “account.”

Without waiving foregoing Objection, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Therefore, Defendant denies. DENIED.

Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

6. Admit that YOU received a final statement on or around ##/##/#### from ORIGINAL CREDITOR with an outstanding balance of $####.##

Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

7. Admit YOU never disputed, with any person or entity including the ORIGINAL CREDITOR, the statement with an outstanding balance of $####.##.

Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

8. Admit that YOU have not paid the outstanding balance on said ACCOUNT.

OBJECTION: Defendant Objects on the ground that this request is vague in that the identity of the “account” at issue in this litigation remains unclear. For that reason, Defendant has asked Plaintiff to respond to a Bill of Particulars setting forth the alleged “credit card agreement” referred to in the complaint. All the charges that were allegedly made pursuant to that “agreement”, all credits that were made to the “account”, the price or charge for each item, materials or goods supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff did not provide the complete “account.”

Without such information, Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

 

9. Admit that YOU owe the Plaintiff the amounts prayed for in the Complaint.

Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies with the Bill of Particulars.

10. Admit that YOU have no facts which would vary the amounts owed to Plaintiff.

Defendant states that after a reasonable inquiry, the information known or readily available by him is insufficient to accurately respond to this Request. Based on the forgoing Defendant responds as follows: DENIED.

However, Discovery is ongoing and not complete. Defendant reserves the right to amend or supplement his answer to this request after Plaintiff complies in full with the Bill of Particulars.

11. Admit that YOU have no affirmative defenses against the Plaintiff's Complaint. Executed at XXXX, California on XX/XX/2019.

 Denied

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Request for Production of Documents Set #1

Documents to be Produced

1. Copies of any and all correspondence between YOU (for the purposes of this Request for Production, "YOU" and "YOUR" mean and refer to [MouseRabbit] your agents, attorneys, representatives or anyone action on your behalf) and ORIGINAL CREDITOR (for purposes of this Request for Production, "ORIGINAL CREDITOR" means Citibank, N.A.) relating to the CREDIT ACCOUNT (for purposes of this Request for Production, "CREDIT ACCOUNT" means the Citibank, N.A. credit card account XXXXXXXXXXXX#### which is the subject of this lawsuit).

Defendant objects to this request on the ground that the identity of the account actually at issue in this litigation remains unclear. For that reason, defendant asked plaintiff to responds to a Bill Of Particulars setting forth the contract referred to in the complaint. All the charges that were allegedly made pursuant to that contract, all credits that were made to the account, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff responded but did not provide the complete account.

Without such information defendant is unable to provide the information sought in this request. Defendant reserves the right to supplement this answer after Plaintiff complies in full with the Bill of Particulars

2. Copies of any and all correspondences between YOU and Plaintiff relating to the CREDIT ACCOUNT.

Defendant objects to this request on the ground that the identity of the account actually at issue in this litigation remains unclear. For that reason, defendant asked plaintiff to responds to a Bill Of Particulars setting forth the contract referred to in the complaint. All the charges that were allegedly made pursuant to that contract, all credits that were made to the account, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff responded but did not provide the complete account.

Without such information defendant is unable to provide the information sought in this request. Defendant reserves the right to supplement this answer after Plaintiff complies in full with the Bill of Particulars

3. Copies of any documentation evidencing any payments make to ORIGINAL CREDITOR on said CREDIT ACCOUNT.

Defendant objects to this request on the ground that the identity of the account actually at issue in this litigation remains unclear. For that reason, defendant asked plaintiff to responds to a Bill Of Particulars setting forth the contract referred to in the complaint. All the charges that were allegedly made pursuant to that contract, all credits that were made to the account, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff responded but did not provide the complete account.

Without such information defendant is unable to provide the information sought in this request. Defendant reserves the right to supplement this answer after Plaintiff complies in full with the Bill of Particulars

4. Copies of any and all documents that support the affirmative defenses raised by YOU in this action.

Defendant objects to this request on the ground that the identity of the account actually at issue in this litigation remains unclear. For that reason, defendant asked plaintiff to responds to a Bill Of Particulars setting forth the contract referred to in the complaint. All the charges that were allegedly made pursuant to that contract, all credits that were made to the account, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff responded but did not provide the complete account.

Without such information defendant is unable to provide the information sought in this request. Defendant reserves the right to supplement this answer after Plaintiff complies in full with the Bill of Particulars

 

 

5. Copies of all correspondences from YOU regarding false or factually incorrect claims or statements that YOU believe were made to various credit reporting bureaus or services about YOUR Credit Account.

Defendant objects to this request on the ground that the identity of the account actually at issue in this litigation remains unclear. For that reason, defendant asked plaintiff to responds to a Bill Of Particulars setting forth the contract referred to in the complaint. All the charges that were allegedly made pursuant to that contract, all credits that were made to the account, the price or charge for each item, materials or good supplied or other considerations rendered, and all payments or credits that have been made to the account. Plaintiff responded but did not provide the complete account.

Without such information defendant is unable to provide the information sought in this request. Defendant reserves the right to supplement this answer after Plaintiff complies in full with the Bill of Particulars

 

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HI,

This forum is a godsend and I need help. We were sued by Calvary for about $1600 we responded with the general denial back on aug 16 2018 and heard nothing until today when we got a "Notice of Mandatory Appearance Case Management Conference" I have not sent an demands just simply did the general denial almost a year ago. The only thing they sent us was a copy of bank statements that they filed with the lawsuit. The conference is scheduled for July 26th..what are my next steps? Can someone help me proceed from here? Can we push back the conference? Thanks for your help!

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On 2/21/2019 at 5:57 PM, MouseRabbit said:

Re: Causes of Action  -

First Cause (Account Stated) - within past 4 years, an account was stated in writing in which it was agreed that defendant was indebted in the amount previously referenced herein. Although demand has been made upon defendant, said amount has not been paid, is now due, owing and unpaid from defendant to plaintiff, as successor in interest.

Hi, can you update what is happening with your  case? Mine is 99% identical. I can almost copy and paste your answer to my papers.

I request the BOP last week.

Thank you.

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Hi everyone, 

  • Just checked the status of my case - still "Pending".
  • Court date is set for November (4ish months from now)
  • Still haven't received a response to my BOP
  • Responded to their Request for Admissions, Documents and Special Interrogatories back in Feb (5 months)
  • Haven't heard anything from them since those requests were issued
  • I'm not going to do any discovery requests -
  • I'm just going to stay silent til I can subpoena their witness and expect that witness will be no-show

 

 

 

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On 7/1/2019 at 5:44 PM, MouseRabbit said:
 

Hi everyone, 

  • Just checked the status of my case - still "Pending".
  • Court date is set for November (4ish months from now)
  • Still haven't received a response to my BOP
  • Responded to their Request for Admissions, Documents and Special Interrogatories back in Feb (5 months)
  • Haven't heard anything from them since those requests were issued
  • I'm not going to do any discovery requests -
  • I'm just going to stay silent til I can subpoena their witness and expect that witness will be no-show

 

 

 

Hi MouseRabbit, I hope all is well!  Have you still heard nothing since you responded to their requests?  Is your case still in "Pending" status?  Thank you, we're in the same boat with Cavalry/Mandarich in Cali, our initial Answer is due today! 

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On 7/1/2019 at 5:44 PM, MouseRabbit said:

Hi everyone, 

  • Just checked the status of my case - still "Pending".
  • Court date is set for November (4ish months from now)
  • Still haven't received a response to my BOP
  • Responded to their Request for Admissions, Documents and Special Interrogatories back in Feb (5 months)
  • Haven't heard anything from them since those requests were issued
  • I'm not going to do any discovery requests -
  • I'm just going to stay silent til I can subpoena their witness and expect that witness will be no-show

 

If your trial date is in November, then your window to send a CCP 96 request is coming up. Please don't miss that, it's important to your defense. A few CA members have been missing that lately and it makes it harder to prepare/help.

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Coming closer now to the 35 to 20 days before trial and I am gonna start brushing up on all of this and sent my CCP 96 out on time. 

I have a question - so back about 8 months ago they did send a response to my BOP, however it was insufficient to what I had demanded. Its contents were: 

1. "Plaintiff's Response to Defendant's Demand for Bill of Particulars" dated a week late of their 20 day response window. Also I don't see "I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing
is true and correct" on here.

2. An undated APR data table and Card Agreement Guide - there appears to be, in the margin of these, the last 4 digits of the credit card number and name.

3. Transaction history of account - a one page document stating a balance, a date and the account number the jdb created in reference to the creditcard account number. 

4. Their original letter addressed to me stating that jdb have purchased the outstanding account and intend to collect. This is my first time seeing this letter as I was not living at that address when it was sent.

5. An untitled document with a table of data related to the account (last statement date, last payment date) this is possibly part of document #3 but these pages are not numbered and I've kept them in the order they were stacked in.

6. "Bill of Sale and Assignment" 3 pages - 1st is a letter signed by someone from the original creditor - however it is in reference to a bulk file and the data within the file. 2nd page is a with the quantity of accounts and sale price blacked out - it has consistent header to first page (the sale ID#). 3rd page is presumably a printout of the data from within that bulk file - it shows details of the account they're collecting.

7. 12 months of statements

8. Proof of Service - again showing they missed the 20 days to respond

 

I'm wondering what is my move in regards to the BOP response? Do I send a MIL because they didn't respond in time and didn't verify the response? Or do I include that in my Trial Brief closer to the courtdate?

 

Thanks guys

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On 9/29/2019 at 2:40 AM, MouseRabbit said:

I'm wondering what is my move in regards to the BOP response? Do I send a MIL because they didn't respond in time and didn't verify the response? Or do I include that in my Trial Brief closer to the courtdate?

I'm curious as to what some of the more experienced Cali members will reply about this.  I wonder if the courts have ever enforced the 10-day deadline, and if there is case law to back it up.  And ... why do you mention 20-days?  Did you have to send the BoP demand out of state?

From my understanding the courts tend to be more on the lenient side if plaintiffs don't reply to BoP's in time.  They want you to send a Meet and Confer and try in good faith before they rule on the evidence being inadmissible.  In my last case, they didn't reply at all, and I had to send a Meet and Confer letter (about a month later) -- they replied right away after that (with the usual junk).

On 9/29/2019 at 2:40 AM, MouseRabbit said:

Coming closer now to the 35 to 20 days before trial and I am gonna start brushing up on all of this and sent my CCP 96 out on time. 

In your brushing up, don't forget to read this pinned thread by @calawyer on the California Supreme Court's decision on CCP 98.  This is truly a game changer for defendants in California.  I add a bit of a breakdown towards the bottom of the thread (post #10).

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Thank you @LoveIsPower

I said 20 days because I sent it via US Post - 5 days to get them, 10+5 days for them to respond. 

Thanks for the link to the CCP 98 decision as well. Reading it and re-reading it now.

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@LoveIsPower wow, thank you sooo much for that post. I had a question - you said to:

"45 days before the day of the trial, you will send a DISC-015 FORM pertaining to CCP 96. The CCP 96 (through the DISC-015) makes the JDB disclose everything they intend to use in court"

I still have a bit of time to meet this, however I am curious as to why 45 days? I was under the impression that the window in which to send a CCP 96 was "35 to 20" days before courtdate. I believe I read that sending the CCP 96 any earlier than 35 days makes it ignorable by the afiant.

 

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20 minutes ago, MouseRabbit said:

I still have a bit of time to meet this, however I am curious as to why 45 days? I was under the impression that the window in which to send a CCP 96 was "35 to 20" days before courtdate. I believe I read that sending the CCP 96 any earlier than 35 days makes it ignorable by the afiant.

Here is a cut and paste of CCP 96 (quick Google search).

Note b) and c) -- which I highlighted in red.

Obviously you don't need form DISC-015 to send the request, but it makes it a lot easier.

This is important:  read b) again -- you have to send the request between day 45 and day 30DO NOT MISS THIS DEADLINE.

----------

Section 96. (Added by Stats. 1982, Ch. 1581, Sec. 1.)
Cite as: Cal. Civ. Proc. Code §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.

(c)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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Okay @LoveIsPower also that post by @calawyer you posted a helpful link to the LA Courtdate Calculator - I did not realize that they go by that! According to that, I am currently in my CCP 96 window(!) Obviously, I will be sending that off ASAP unless I understand the calculator incorrectly as today is the 1st of October and my trial is scheduled for near the end of November. Again, thank you for this info!

 

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5 minutes ago, MouseRabbit said:

Okay @LoveIsPower also that post by @calawyer you posted a helpful link to the LA Courtdate Calculator - I did not realize that they go by that! According to that, I am currently in my CCP 96 window(!) Obviously, I will be sending that off ASAP unless I understand the calculator incorrectly as today is the 1st of October and my trial is scheduled for near the end of November. Again, thank you for this info!

 

Ah -- I put the LA "Court Day Calculator" there because sometimes MILs and final paperwork deadlines are in "Court Days" and not in "regular days."  (Make sure you look at your Local Court Rules and your "Local-local Court Rules" (the department where the trial will be held).

If you are referring to deadlines to serve the DISC-015 (aka. CCP 96 request), then that is in "regular days."

If any deadline is in "court days" it will say "court days."  If it doesn't say "court days," then you're good and it's in "regular days."

As an example, in my last case, my local court rules state that MILs must be submitted "5 court days" before the trial date.  But my "local-local court rules" say that MILs must be submitted "10 court days" before the trial date.

So, get all your "local" and "local-local" (department) court rules and read thoroughly.

Seems like you're good though (still in the 45 to 30 day "regular day" window), right?

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Phew - okay, yes I'm still a few days out from my window as it turns out. Thanks for tips @LoveIsPower

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