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A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. In some jurisdictions ...
Starting in the 1970s, California began to slowly phase out the use of justice courts (in which non-lawyers were authorized by statute to preside as judges) after a landmark 1974 decision in which the Supreme Court of California unanimously held that it was a violation of due process to allow a non-lawyer to preside over a criminal trial which ...
After the passage of the Fourteenth Amendment in 1868, the Supreme Court dealt with a series of cases regarding the guarantees offered by the Due Process Clause. [4] The first case to evaluate the procedural trial rights of defendants in terms of the Due Process Clause was the 1897 decision in Hovey v. Elliot.
The deposing party who knows that a deposition will require more than seven hours on one day must either ask the deponent to stipulate to more time, or, if the deponent is uncooperative, promptly file a motion for a longer deposition. For many years, California was the major exception to this rule, in that its Civil Discovery Act had no default ...
Bernard Witkin's Summary of California Law, a legal treatise popular with California judges and lawyers. The Constitution of California is the foremost source of state law. . Legislation is enacted within the California Statutes, which in turn have been codified into the 29 California Co
Generally, in a civil case, a continuance sought due to absence of evidence will not be granted unless reasonable diligence has been used to procure it. [89] The question of diligence is a matter of fact, addressed to the sound discretion of the court. [90] In some jurisdictions, the issuance of a subpoena is evidence of due diligence. [91]
A convicted murderer who has been on California’s death row for 33 years must either be released or retried after a federal judge on Thursday approved the state attorney general’s request to ...
Pursuant to California Rule of Court 3-1345 a motion to compel must include the following parts: (c) Contents of separate statement A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue.
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