Compulsory cause of action” relationship” “Related “Logical (sometimes used in CA) OK if NO available Answer General denial general denial (answer always unverified complaint… otherwise, must answer paragraph-by-paragraph Waived if NO MAY be raised in as Lack of personal motion to answer before jurisdiction quash general affirmative defense (i.e. appearance demurrer, motion to strike, answer) One amendment w/ NO Amendment ONLY until Amendment of complaint court permission if before responsive pleading files… AND, court permission demurrer/answer –OR– after BUT before almost always required demurrer trial… court permission required thereafter YES (3 yrs. to replace w/ NO DOE D(s) real D(s)) YES NO Anti-SLAPP motions NO (NO entitlement w/o YES (NO request Automatic discovery request) necessary) obligation 35 25 Interrogatories allowed YES NO Form interrogatories YES (NO duty to update NO (duty to update Supplemental answers if NOT asked) answers) interrogatories Unlimited 10 up to 7 hrs. each Depositions Self-executing By order Physical/mental examinations YES NOT NO (unless showing of Presence of counsel at physical exam, (unless court good cause) examination mental exam order) NOT automatic YES automatic Production/inspection of documents and things 35 NO limit Requests for admissions Deemed admitted w/ NO Failure to respond to Motion to Deem Admitted response requests for admissions May be made by either P May be made ONLY by D, offers” “998 OR D, AND revocable at AND irrevocable for 10 any time days
Compulsory “Related cause of action” “Logical relationship” (sometimes used in CA) Answer General denial OK if unverified complaint… otherwise, answer must paragraph-by-paragraph NO general denial available (answer always Lack of personal jurisdiction Waived if NO motion to quash before general appearance (i.e. demurrer, motion to strike, answer) MAY be raised in answer as affirmative defense Amendment of complaint One amendment w/ NO court permission if before demurrer/answer –OR– after demurrer BUT before trial… court permission required thereafter Amendment ONLY until responsive pleading files… AND, court permission almost always required DOE D(s) YES (3 yrs. to replace w/ real D(s)) NO Anti-SLAPP motions YES NO Automatic discovery obligation NO (NO entitlement w/o request) YES (NO request necessary) Interrogatories allowed 35 25 Form interrogatories YES NO Supplemental interrogatories YES (NO duty to update answers if NOT asked) NO (duty to update answers) Depositions Unlimited 10 up to 7 hrs. each Physical/mental examinations Self-executing By order Presence of counsel at examination YES physical exam, NOT mental exam (unless court order) NO (unless showing of good cause) Production/inspection of documents and things NOT automatic YES automatic Requests for admissions 35 NO limit Failure to respond to requests for admissions Motion to Deem Admitted Deemed admitted w/ NO response “998 offers” May be made by either P OR D, AND revocable at any time May be made ONLY by D, AND irrevocable for 10 days
Civ-Pro-II_Bakhshian-Fall-2009.docx