Civil Litigation & Procedure Flashcards
7 cards from real CP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Civil Litigation & Procedure flashcards as text
Under CCP § 2025.210, a plaintiff may serve a deposition notice upon the defendant without leave of court after:
Answer: 20 days after the defendant is served with the summons and complaint
CCP § 2025.210(b) requires the plaintiff to wait 20 days after service of the summons and complaint before noticing a defendant's deposition without leave of court.
A subpoena compelling a non-party witness to appear and testify at a deposition in California is called a:
Answer: Deposition Subpoena for Personal Appearance
A Deposition Subpoena for Personal Appearance (CCP § 2020.310) compels a non-party to attend and testify at a deposition.
In California, which type of motion asks the court to rule that there is no triable issue of material fact and that judgment should be entered as a matter of law?
Answer: Motion for Summary Judgment
A Motion for Summary Judgment under CCP § 437c asks the court to grant judgment without trial because no genuine dispute of material fact exists.
Under California law, a cross-complaint must generally be filed:
Answer: At the same time as or before the answer
Under CCP § 428.50(a), a cross-complaint against any party must be filed concurrently with the answer or before the answer is filed.
The 'five-year rule' under CCP § 583.310 requires a California civil case to be brought to trial within five years or face:
Answer: Mandatory dismissal with prejudice
Under CCP § 583.310 and § 583.360, if an action is not brought to trial within five years, it must be dismissed with prejudice.
Which document formally notifies all parties of the date, time, and location of a deposition in California?
Answer: Notice of Deposition
A Notice of Deposition under CCP § 2025.220 is served on all parties to inform them of the scheduled deposition details.
In California civil litigation, 'in limine' motions are typically filed and heard:
Answer: Before trial begins to exclude or limit evidence
Motions in limine are pre-trial motions used to exclude or limit the introduction of evidence before it is presented to the jury.