civil-forms

Forms:

Here are some examples of the civil forms in our extensive library we have experience in preparing:

1. Petitions & Complaints

2. Summons

3. Civil Case Cover Sheet

4. Answer/Response/General Denial

5. Fee Waiver (generally to waive filing fees charged by the court)

6. Request for Entry of Default

7. Default Judgment packet

8. Stipulation & Order

9. Motion to Extend Time

10. Ex Parte Application to Extend Time (General Form)

11. Motion To Disqualify Judge or Peremptory Challenge to Judge

12. Motion For Relief From Order (General Form)

13. Motion For Relief From Default Judgment (Defective Notice) or (Improper Venue)

14. Motion For Relief From Default / Judgment / Dismissal (Mandatory--Attorney Declaration of Fault)

15. Ex Parte Application For Extension Of Time to Plead

16. Ex Parte Application for Order Shortening Time

17. Motion for Judicial Notice (general motion form with request for judicial notice)

18. Motion for Consolidation

19. Motion to Transfer and Consolidate Cases (Non-complex cases)

20. Motion to Submit Petition to Coordinate Cases (Complex cases)

21. Petition to Coordinate Cases (Complex cases)

22. Motion to Bifurcate (Prior Separate Trial On Liability)

23. Motion to Disqualify Arbitrator (Contractual Arbitration) or (Judicial Arbitration)

24. Motion for Reconsideration

25. Motion to Renew Prior Motion

26. Motion to Stay Action (Pending Contractual Arbitration) or (Improper Venue) or (Action Pending In Foreign Jurisdiction) or (Inconvenient Forum) or (As Discovery Sanction)

27. Motion to Transfer Action (Transfer and Consolidation) or (Filed in Wrong Court) or (Convenience of Witnesses/Ends of Justice)

28. Motion to Exempt Action From Case Disposition Time Goals

29. Motion to Continue Trial (or Hearing) or (Absence of Evidence or Witness) or (Amendment of Pleadings)

30. Ex Parte Application For Temporary Restraining Order And Order to Show Cause Re Preliminary Injunction

31. Preliminary Injunction

32. [Proposed] Temporary Restraining Order

33. any other [Proposed] Order

34. Order To Show Cause Re Preliminary Injunction

35. Petition for Relief From Government Claims Filing Requirements

36. Motion to Seal Court Records

37. Motion to Quash Service of Summons (Untimely Service) or (Defective Service) or (Defective Notice to Corporation or Association) or (Lack of Jurisdiction Over Non-resident)

38. Motion to Amend Complaint/Pleading (Correction of Error) OR (add punitives against i.e healthcareprovider, etc.)

39. Motion to File Supplemental Pleading

40. Demurrer

41. Motion to Strike Pleading or Portion of Pleading

42. Motion for Judgment on the Pleadings

43. Special Motion to Strike (anti-SLAPP motion)

44. Motion for Additional Discovery (limited--or alternatively to withdraw case from economic litigation)

45. Motion to Conduct Discovery Prior to Commencement of Action

46. Motion for Protective Order (General Form)

47. Motion to Extend Time to Complete Discovery and have Discovery Motions Heard (and/or to reopen discovery after new trial date)

48. Motion to Extend Time to Complete Discovery Prior to Arbitration (or to reopen discovery after arbitration award)

49. Motion for Protective Order (limiting discovery of defendant's profits and financial status)

50. Motion to Stay Deposition and Quash Deposition Notice

51. Motion to Compel Attendance and Production of Documents at Deposition

52. Motion to Compel Compliance with Deposition Subpoena

53. Motion to Compel Answers and Production of Documents At Deposition

54. Motion to Increase Travel Limits For Deposition

55. Motion to Quash or Modify Deposition Subpoena For Consumer or Employee Records

56. Motion to Compel Answers to Interrogatories

57. Motion to Compel Further Responses to Interrogatories

58. Motion to Compel Responses to Inspection Demands

59. Motion to Compel Further Responses to Inspection Demands

60. Motion to Compel Compliance With Inspection Demands

61. Motion to Deem matters Admitted/Genuineness of Documents

62. Memorandum of Points and Authorities in Support of Motion

63. Motion to Withdraw or Amend Admissions

64. Motion to Compel Compliance With Demand For Physical Examination

65. Motion for Leave to Conduct Physical/Mental Examination

66. Motion to Augment Expert Witness Information

67. Motion to Submit Tardy Expert Witness Information

68. Motion for Summary Judgment [or in the alternative, for summary adjudication]

69. Separate Statement of Undisputed Material Facts

70. Motion for Determination of Good Faith Settlement

71. Motion for Compromise

72. Motion to Enforce Settlement

73. Motion for Sanctions (Code Civ. Proc. §128.7)

74. Motion for Sanctions (General Discovery Sanctions)

75. Petition to Compel Arbitration

76. Motion to Continue Arbitration

77. Petition to Confirm Arbitration Award

78. Petition to Correct Arbitration Award

79. Petition to Vacate Arbitration Award

80. Motion for Trial Setting Preference

81. Motion for New Trial

82. Motion To Vacate Judgment

83. Motion To Amend Judgment

84. Motion in Limine

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The Civil Process (in general):

Generally, 'the footwork' involved in any case is best described as: preparing (legal documents), serving (those documents on the other party) and filing (those documents with the court).

There are usually two parties to a civil case, the Plaintiff (also known as the Petitioner or Complainant ) and the Defendant (also known as the Respondent or Answering Party).

The civil process (in general) of any case begins with the complaint and the answer. A summons requires the answering party to submit a response within a certain period of time. The summons is best accompanied by the complaint (like hand-holding; together they form the function of complaining of some wrongdoing and requiring the other party to answer the complaint). Summons most always must be personally served. After the summons and legal papers are served, the answering party must file a written response at the same court and have a copy served on the plaintiff.

It may be helpful to think of this as the 'first step' of a civil case. There are many different forms of 'answers'. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. Here are some of the types of answers (aka 'responses'):

• • Answer (You can say that what the plaintiff claims aren't true. Or you can say they are true but give more information and reasons or explain the situation.)

  • General Denial (This is a way to say that nothing in the Complaint is true. Use this if you don’t agree with anything in the Complaint.)

  • Demurrer (This tells the Court that the Complaint isn’t enough. You’re saying that even if the complaint is true, it’s not a legal reason for you to have to answer or be held responsible.)

  • Motion to Strike (This asks the Court to take something out of the Plaintiff’s Complaint, because: It’s not understandable, It’s not legal, It repeats itself, or It's "immaterial".)

  • Motion to Transfer (This asks the Court permission to move the case to another Court.)

  • Motion to Quash Service of Summons (This asks the Court to say that the Complaint wasn’t served properly.)

  • Motion to Stay or Dismiss Action (A Motion to Stay asks the Court to put the case on hold for a while, so that something else can happen. A Motion to Dismiss asks the Court to throw out your case.)

If the court is requiring a party to amend their complaint (or answer), the case has not made it past the first step. A case is 'at issue' when the defendant answers (demur, motion to quash service of summons etc are excluded). When a case is at issue, it is eligible for trial.

In California, there are (in general) three ways to win a case. By default (failure of the defendant to file a timely/proper answer), by stipulation (mutual agreement), or by trial. There are a couple other avenues such as mediation (similar to a stipulated agreement) and arbitration (similar to trial by an arbitrator). The time period between the beginning and the end of the case is called 'discovery' (also known as 'litigation').

Generally, discovery is a period of time in which a party has the right to compel an adverse party to disclose material facts and documents in order to prove their case. Discovery tools include familiar terms such as 'subpoena', 'deposition of a witness', requests to produce records, request for admissions, etc etc.

The term 'discovery' is also known as the period of time before judgment. Discovery is not filed with the court. Some people refer to discovery as 'prejudgment'. If you are lacking evidence you may prepare a request for admissions and serve it on the other party. The idea is to make sure your discovery as effective as possible to prove your case. If you have already proven your case, you may file a motion for Summary Judgment instead of going to trial. A motion for Summary Judgment is a procedural device used during civil litigation to promptly dispose of a case without a trial. It is used when there is no dispute as to the material facts of the case and a party is requesting judgment (also known as an award).

A motion is a written or oral application made to a court or judge to obtain a ruling or order directing that some act be done in favor of the applicant. Motions are filed POST complaint and are (generally) prepared with four documents: notice of motion, memorandum of points and authorities, declaration, and a proposed order. Motions are useful for speeding up the case (or delaying the case), or holding a party accountable for the discovery request propounded upon them to compel an answer, or stay the enforcement of judgment and so on. There are an unlimited number of motions which a party can file. The applicant is known as the moving party, or the Movant.

A judgment, in general, is the final part of the case because the court (usually by judge, or jury) has decided what the rights and responsibilities of the parties will be. Discovery has ended because the court has made a decision. This is when enforcement of the judgment begins. The period of time following the end of the case is also referred to as postjudgment.

Postjudgment documents may be time sensitive because the court feels there was plenty of time decide the case. Parties generally have only 10 days to file a motion for reconsideration after the court has made an order.

The information provided above is not legal advice. This information is also available on the web. We used 'freelegaldictionary.com' and the Superior Court of California to assist us in providing this information.

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