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For the first time in many years, no form or rule changes took effect on July 1st which affect the accuracy of Litigation By The Numbers. So, we've taken this opportunity to make valuable tweaks and improvements to the book, which are now included in the July 2008 version. Here are a few of the changes and additions in the latest version:
Chapter 2 - Filing and Service
- Revised the discussion re how to count the extra days when serving notice of motions. Although the order in which court days vs. calendar days are counted is often irrelevant (because you end up on the same date no matter how you count), the two methods can result in a five-day difference. The book warns about this, provides an example, and suggests counting both ways, and giving the greater notice.
Chapter 5 - Discovery
- Added discussions about the placement of definitions in discovery requests.
- Revised all the text forms.
- Changed references to "requests for production" to "inspection demands" per the language in the code.
- Added an entirely new 11-page section on expert witness exchanges, including three new text forms.
Chapter 6 - Motions
- Revised the "General Rules for Regular Motions" table on p. 6-7 to add discovery cut-off dates and code/rule references to all entries.
- Revised discussions re scheduling hearings/determining the last day to serve notice in regular motions and motions for summary judgment: (i) to highlight the problems inherent in adding a combination of calendar days and court days, and (ii) to check the court’s availability before setting a hearing on a motion which must be heard by a specific date.
- Revised and updated the P’s & A’s, declaration, exhibit, and P’s & A’s in opposition.
- Added reference to Rule 1.200 re citation style, and Rule 3.1300 re filing proof of service on motions.
- Added calendar notes, including reminders to give notice of telephonic appearances on the opposition or reply.
- Revised the "Differences Between Regular Motions and MSJ’s/MSA’s" table on p. 6-52 to add that objections to evidence must be submitted with the opposition or reply, and also added code/rule references to all entries.
- Added detail to the "Notice of Motion" section re MSJ’s, including the problem of counting a combination of calendar and court days for service by fax, considering the court’s availability when selecting a hearing date, and adding a calendar box re what to calendar when the hearing date is selected.
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