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On this page you can view some of the many California Rules of Court revisions, California Code of Civil Procedure revisions, and key changes to Judicial Council forms which have been included in our updates over the years.  For people coming back to litigation after an extended period, reviewing this page can give you a heads up on what is now different. 

 

January 2005

Deadlines for regular motions has changed.  Notice of motion must be filed at least 16 COURT DAYS prior to the hearing.  Oppositions must be filed and served at least 9 COURT DAYS prior to the hearing.  Replies to oppositions to regular motions must be filed and served at least  5 COURT DAYS prior to the hearing.  Oppositions and replies to be served in a manner so as to be received by the end of the next business day.  (California Code of Civil Procedure, Sec. 1005(b))

New Judicial Council forms (optional): Proof of Service By First-Class Mail, Proof of Service-Civil, Proof of Personal Service, Multi-Purpose Proof of Service.

July 2005

California Code of Civil Procedure:  Entire Discovery Act is amended; all code section numbers are changed.

January 2006

Inclusion of a fax number and email address on pleadings, etc. filed with the court is required if the number/address "is available." 

New Judicial Council form (mandatory) "Settlement of Entire Case."

July 2006

Various filing fees are now uniform throughout the State, including appearance fees, motions fees, and more.

The court clerk now retains the original summons. 

January 2007

The California Rules of Court have been completely reorganized.  Every rule number has changed.

Proof of Service in a multi-party case must identify the party represented.

Deadline to file objections to evidence on MSJ’S and MSA’S has changed.  They now must be submitted with the opposition and/or reply.  The objections are also required to follow a specific format, and must be accompanied by a proposed order required to be in a specific format.  (California Rules of Court, Rule 3.1354)

July 2007

New California Rules of Court, Rule 3.740 creates "Collections Cases." (Actions for recovery of money owed in a sum stated to be certain not more than $25,000, exclusive of interest and attorneys fees, arising from a transaction in which property, services, or money was acquired on credit, not seeking tort or punitive damages, recovery of real or personal property or prejudgment writ of attachment.)  Deadlines for filing Proof of Service of Summons and obtaining default judgment are unique in these cases.

January 2008

First named plaintiff is now required to maintain fax lists in all cases where parties have agreed to accept service by fax, and all parties are required to serve the list along with any order, notice or pleading on a party who has not yet appeared.

Telephone appearances are now favored (California Rule of Court, Rule 3.670), and may be requested/arranged 3 court days (instead of 5 court days) before the hearing.

The mandatory format for separate statements for MSJ's and MSA's has changed.

January 2009

C.R.C., Rule 3.220 is revised.  Civil Case Cover Sheet must be served in Collections Cases. 

C.R.C., Rule 3.1385 (settlement of entire case), is revised.  If a case which has been settled involves the compromise of minor's claim or of person with a disability where court approval is required, the court cannot hold an OSC re dismissal until after the hearing to approve the settlement.  The rule creates a new procedure for continuing the OSC re dismissal/extending the 45-day period without the need for an appearance.

New (MANDATORY) "Summons--Cross-Complaint."





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