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The California Code of Civil Procedure (abbreviated to Code Civ. Proc. in the California Style Manual [a] or just CCP in treatises and other less formal contexts) is a California code enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original Codes.
An alternative writ and order to show cause are identical in effect, but semantically slightly different; an alternative writ directs the trial court either to comply with its terms or show cause why it should not be ordered to do so, while an order to show cause only directs the trial court to show cause why the relief should not be granted.
The Supreme Court of Victoria, Australia, an example of a trial court. A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). Most appellate courts do not ...
Similar to New York, but unlike most other states and the federal judiciary, nearly all of California civil procedure law is located in the Code of Civil Procedure (a statute) rather than in the California Rules of Court (a set of regulations promulgated by the judiciary).
California: Rules of Civil Procedure Rule Rule 1290 "Any person named as a respondent in a petition may file a response thereto" [5] California: California Code of Judicial Ethics III b 7 "A judge shall accord to every person who has a legal interest in a proceeding, or that person's lawyer, full right to be heard according to law.*"' [6 ...
Many of California's larger superior courts have specialized divisions for different types of cases like criminal, civil, traffic, small claims, probate, family, juvenile, and complex litigation, but these divisions are simply administrative assignments that can be rearranged at the discretion of each superior court's presiding judge in ...
See, e.g., California Code of Civil Procedure section 437c(f)(1). Regardless whether the dispositive motion is for summary judgment or adjudication, the motion must be supported by declarations under oath, excerpts from depositions which are also under oath, admissions of fact by the opposing party and other discovery such as interrogatories ...
Evidence from a criminal trial is generally admissible as evidence in a civil action about the same matter. For example, the victim of a road accident does not directly benefit if the driver who injured them is found guilty of the crime of careless driving. The victim still has to prove his case in a civil action, unless the doctrine of ...
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