0 chapters · 1,833 sections in this title.
Code Civ. Proc. § 2032.320 Section 2032.320
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(a) The court shall grant a motion for a physical or mental examination under Section 2032.310 only for good cause shown. (b) If a party stipulates as provided in subdivision (c), the court shall not order a mental examination of a person for whose personal injuries a recovery is…
Code Civ. Proc. § 2032.340 Section 2032.340
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(a) If any action involving allegations of sexual abuse of a minor, including any act listed in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 1002, the mental examination of a child less than 15 years of age shall not exceed three hours, inclusive of breaks. (b)…
Code Civ. Proc. § 2032.410 Section 2032.410
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If a party is required to submit to a physical or mental examination under Articles 2 (commencing with Section 2032.210) or 3 (commencing with Section 2032.310), or under Section 2016.030, but fails to do so, the court, on motion of the party entitled to the examination, may make…
Code Civ. Proc. § 2032.420 Section 2032.420
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If a party is required to produce another for a physical or mental examination under Articles 2 (commencing with Section 2032.210) or 3 (commencing with Section 2032.310), or under Section 2032.030, but fails to do so, the court, on motion of the party entitled to the examination…
Code Civ. Proc. § 2032.510 Section 2032.510
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(a) The attorney for the examinee or for a party producing the examinee, or that attorney’s representative, shall be permitted to attend and observe any physical examination conducted for discovery purposes, and to record stenographically or by audio technology any words spoken t…
Code Civ. Proc. § 2032.520 Section 2032.520
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If an examinee submits or authorizes access to X-rays of any area of his or her body for inspection by the examining physician, no additional X-rays of that area may be taken by the examining physician except with consent of the examinee or on order of the court for good cause sh…
Code Civ. Proc. § 2032.530 Section 2032.530
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(a) The examiner and examinee shall have the right to record a mental examination by audio technology. (b) Nothing in this title shall be construed to alter, amend, or affect existing case law with respect to the presence of the attorney for the examinee or other persons during t…
Code Civ. Proc. § 2032.610 Section 2032.610
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(a) If a party submits to, or produces another for, a physical or mental examination in compliance with a demand under Article 2 (commencing with Section 2032.210), an order of court under Article 3 (commencing with Section 2032.310), or an agreement under Section 2016.030, that …
Code Civ. Proc. § 2032.620 Section 2032.620
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(a) If the party at whose instance an examination was made fails to make a timely delivery of the reports demanded under Section 2032.610, the demanding party may move for an order compelling their delivery. This motion shall be accompanied by a meet and confer declaration under …
Code Civ. Proc. § 2032.630 Section 2032.630
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By demanding and obtaining a report of a physical or mental examination under Section 2032.610 or 2032.620, or by taking the deposition of the examiner, other than under Article 3 (commencing with Section 2034.410) of Chapter 18, the party who submitted to, or produced another fo…
Code Civ. Proc. § 2032.640 Section 2032.640
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A party receiving a demand for a report under Section 2032.610 is entitled at the time of compliance to receive in exchange a copy of any existing written report of any examination of the same condition by any other physician, psychologist, or licensed health care practitioner. I…
Code Civ. Proc. § 2032.650 Section 2032.650
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(a) If a party who has demanded and received delivery of medical reports under Section 2032.610 fails to deliver existing or later reports of previous or subsequent examinations under Section 2032.640, a party who has complied with Section 2032.610 may move for an order compellin…
Code Civ. Proc. § 583.110 Section 583.110
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As used in this chapter, unless the provision or context otherwise requires: (a) “Action” includes an action commenced by cross-complaint or other pleading that asserts a cause of action or claim for relief. (b) “Complaint” includes a cross-complaint or other initial pleading. (c…
Code Civ. Proc. § 583.120 Section 583.120
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(a) This chapter applies to a civil action and does not apply to a special proceeding except to the extent incorporated by reference in the special proceeding. (b) Notwithstanding subdivision (a), the court may, by rule or otherwise under inherent authority of the court, apply th…
Code Civ. Proc. § 583.130 Section 583.130
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It is the policy of the state that a plaintiff shall proceed with reasonable diligence in the prosecution of an action but that all parties shall cooperate in bringing the action to trial or other disposition. Except as otherwise provided by statute or by rule of court adopted pu…
Code Civ. Proc. § 583.140 Section 583.140
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Nothing in this chapter abrogates or otherwise affects the principles of waiver and estoppel.
Code Civ. Proc. § 583.150 Section 583.150
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This chapter does not limit or affect the authority of a court to dismiss an action or impose other sanctions under a rule adopted by the court pursuant to Section 575.1 or by the Judicial Council pursuant to statute, or otherwise under inherent authority of the court.
Code Civ. Proc. § 583.160 Section 583.160
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This chapter applies to a motion for dismissal made in an action commenced before, on, or after the effective date of this chapter, except that in the case of an action commenced before the effective date of this chapter: (a) A motion for dismissal made pursuant to notice given b…
Code Civ. Proc. § 583.161 Section 583.161
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A petition filed pursuant to Section 299, 2250, 2330, or 7600 of the Family Code shall not be dismissed pursuant to this chapter if any of the following conditions exist: (a) An order for child support or an order regarding child custody or visitation has been issued in connectio…
Code Civ. Proc. § 583.210 Section 583.210
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(a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed. (b) Proof of service of the summons shall be file…
Code Civ. Proc. § 583.220 Section 583.220
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The time within which service must be made pursuant to this article does not apply if the defendant enters into a stipulation in writing or does another act that constitutes a general appearance in the action. For the purpose of this section none of the following constitutes a ge…
Code Civ. Proc. § 583.230 Section 583.230
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The parties may extend the time within which service must be made pursuant to this article by the following means: (a) By written stipulation. The stipulation need not be filed but, if it is not filed, the stipulation shall be brought to the attention of the court if relevant to …
Code Civ. Proc. § 583.240 Section 583.240
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In computing the time within which service must be made pursuant to this article, there shall be excluded the time during which any of the following conditions existed: (a) The defendant was not amenable to the process of the court. (b) The prosecution of the action or proceeding…
Code Civ. Proc. § 583.250 Section 583.250
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(a) If service is not made in an action within the time prescribed in this article: (1) The action shall not be further prosecuted and no further proceedings shall be held in the action. (2) The action shall be dismissed by the court on its own motion or on motion of any person i…
Code Civ. Proc. § 583.310 Section 583.310
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An action shall be brought to trial within five years after the action is commenced against the defendant.
Code Civ. Proc. § 583.320 Section 583.320
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(a) If a new trial is granted in the action the action shall again be brought to trial within the following times: (1) If a trial is commenced but no judgment is entered because of a mistrial or because a jury is unable to reach a decision, within three years after the order of t…
Code Civ. Proc. § 583.330 Section 583.330
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The parties may extend the time within which an action must be brought to trial pursuant to this article by the following means: (a) By written stipulation. The stipulation need not be filed but, if it is not filed, the stipulation shall be brought to the attention of the court i…
Code Civ. Proc. § 583.340 Section 583.340
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In computing the time within which an action must be brought to trial pursuant to this article, there shall be excluded the time during which any of the following conditions existed: (a) The jurisdiction of the court to try the action was suspended. (b) Prosecution or trial of th…
Code Civ. Proc. § 583.350 Section 583.350
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If the time within which an action must be brought to trial pursuant to this article is tolled or otherwise extended pursuant to statute with the result that at the end of the period of tolling or extension less than six months remains within which the action must be brought to t…
Code Civ. Proc. § 583.360 Section 583.360
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(a) An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article. (b) The requirements of this article are mandatory and are not subject to …
Code Civ. Proc. § 583.410 Section 583.410
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(a) The court may in its discretion dismiss an action for delay in prosecution pursuant to this article on its own motion or on motion of the defendant if to do so appears to the court appropriate under the circumstances of the case. (b) Dismissal shall be pursuant to the procedu…
Code Civ. Proc. § 583.420 Section 583.420
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(a) The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred: (1) Service is not made within two years after the action is commenced against the defendant. (2) The action is not brought to tria…
Code Civ. Proc. § 583.430 Section 583.430
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(a) In a proceeding for dismissal of an action pursuant to this article for delay in prosecution the court in its discretion may require as a condition of granting or denial of dismissal that the parties comply with such terms as appear to the court proper to effectuate substanti…
Code Civ. Proc. § 1 Section 1
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I am (a party to this action or proceeding appearing in propria persona) (presently the attorney for __________, a party to this action or proceeding).
Code Civ. Proc. § 2 Section 2
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I am propounding to __________ the attached set of requests for admission.
Code Civ. Proc. § 2033.010 Section 2033.010
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Any party may obtain discovery within the scope delimited by Chapter 2 (commencing with Section 2017.010), and subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by a written request that any other party to the action admit the genuineness of s…
Code Civ. Proc. § 2033.020 Section 2033.020
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(a) A defendant may make requests for admission by a party without leave of court at any time. (b) A plaintiff may make requests for admission by a party without leave of court at any time that is 10 days after the service of the summons on, or appearance by, that party, whicheve…
Code Civ. Proc. § 2033.030 Section 2033.030
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(a) No party shall request, as a matter of right, that any other party admit more than 35 matters that do not relate to the genuineness of documents. If the initial set of admission requests does not exhaust this limit, the balance may be requested in subsequent sets. (b) Unless …
Code Civ. Proc. § 2033.040 Section 2033.040
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(a) Subject to the right of the responding party to seek a protective order under Section 2033.080, any party who attaches a supporting declaration as described in Section 2033.050 may request a greater number of admissions by another party if the greater number is warranted by t…
Code Civ. Proc. § 2033.050 Section 2033.050
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Any party who is requesting or who has already requested more than 35 admissions not relating to the genuineness of documents by any other party shall attach to each set of requests for admissions a declaration containing substantially the following words: I, __________, declare:…
Code Civ. Proc. § 2033.060 Section 2033.060
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(a) A party requesting admissions shall number each set of requests consecutively. (b) In the first paragraph immediately below the title of the case, there shall appear the identity of the party requesting the admissions, the set number, and the identity of the responding party.…
Code Civ. Proc. § 2033.070 Section 2033.070
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The party requesting admissions shall serve a copy of them on the party to whom they are directed and on all other parties who have appeared in the action.
Code Civ. Proc. § 2033.080 Section 2033.080
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(a) When requests for admission have been made, the responding party may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) The court, for good cause shown, may make any order that justice requires t…
Code Civ. Proc. § 2033.210 Section 2033.210
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(a) The party to whom requests for admission have been directed shall respond in writing under oath separately to each request. (b) Each response shall answer the substance of the requested admission, or set forth an objection to the particular request. (c) In the first paragraph…
Code Civ. Proc. § 2033.220 Section 2033.220
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(a) Each answer in a response to requests for admission shall be as complete and straightforward as the information reasonably available to the responding party permits. (b) Each answer shall: (1) Admit so much of the matter involved in the request as is true, either as expressed…
Code Civ. Proc. § 2033.230 Section 2033.230
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(a) If only a part of a request for admission is objectionable, the remainder of the request shall be answered. (b) If an objection is made to a request or to a part of a request, the specific ground for the objection shall be set forth clearly in the response. If an objection is…
Code Civ. Proc. § 2033.240 Section 2033.240
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(a) The party to whom the requests for admission are directed shall sign the response under oath, unless the response contains only objections. (b) If that party is a public or private corporation, or a partnership or association or governmental agency, one of its officers or age…
Code Civ. Proc. § 2033.250 Section 2033.250
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(a) Within 30 days after service of requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared, unless on motion of the requesting …
Code Civ. Proc. § 2033.260 Section 2033.260
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(a) The party requesting admissions and the responding party may agree to extend the time for service of a response to a set of admission requests, or to particular requests in a set, to a date beyond that provided in Section 2033.250. (b) This agreement may be informal, but it s…
Code Civ. Proc. § 2033.270 Section 2033.270
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(a) The requests for admission and the response to them shall not be filed with the court. (b) The party requesting admissions shall retain both the original of the requests for admission, with the original proof of service affixed to them, and the original of the sworn response …