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Instead, the California Rules of Court cover only relatively minor matters such as the formatting of court papers and case management rules implementing the Trial Court Delay Reduction Act of 1986. Nearly all important procedural provisions (i.e., the ones that can make or break a case) continue to exist in the form of CCP sections.
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
In almost all cases pending in United States federal courts, depositions are carried out under Rule 30 of the Federal Rules of Civil Procedure. About 35 states use versions of the FRCP in their state courts. Other states have discovery rules that are set out either in court rules or statutes, and which vary somewhat from one state to another.
Civil and criminal cases are usually heard in different courts. In jurisdictions based on English common-law systems, the party bringing a criminal charge (in most cases, the state) is called the "prosecution", but the party bringing most forms of civil action is the " plaintiff " or " claimant ".
Five Superior Courts—in Orange, Sacramento, San Diego, San Joaquin, and Ventura Counties—use CCMS version 3 to process civil cases. This represents approximately 25 percent of the civil case volume in California. [3] Fresno is the only Superior Court still using version 2 of CCMS.
The Judicial Council of California is the rule-making arm of the California court system. [1] In accordance with the California Constitution and under the leadership of the Chief Justice of the Supreme Court of California, the council is responsible for "ensuring the consistent, independent, impartial, and accessible administration of justice."
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 ...
The Court has original jurisdiction in a variety of cases, including habeas corpus proceedings, and has the authority to review all the decisions of the California courts of appeal, as well as an automatic appeal for cases where the death penalty has been issued by the trial court.