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Law Suit Preparation Essentials
STANDARD
TRIAL PREPARATION CHECK LIST
I.
NAME: Name(s) of Primary
And Secondary Plaintiff
A. PRIMARY PLAINTIFF(s)
1. Make a
determination of all potential Plaintiffs that have or may have
a claim: -
a. [ ] Driver
b. [ ] Passenger(s)
c. [ ] Pedestrian(s)
d. [ ] Other(s)
e. [ ] Guest
f. [ ] Invitee
2.
SECONDARY PLAINTIFF
cracks
and so that all filing REQUIREMENTS are complied with AS TO EACH
PLAINTIFF care should be taken to consider the following:
a. [ ]Spouse
(1)Injured Directly or
(2)Loss of Consortium
b
[ ]children
(1)
Injured Directly or
(2)
Loss of Consortium
c.
[ ]Passenger
d
[ ]Driver
e. [
[ Significant Other
(2)Loss of Consortium
(3) Loss of Income
f.
[ ] Live in Partner
g. [
] Dependent - Related or not
h. [ ]Other
II.
POTENTIAL ADDITIONAL AND/OR ALTERNATE DEFENDANTS
A. Governmental Entity as defendant - special FILING REQUIREMENTS!
Date
By which Governmental Entity Claim Must Be Filed: _______________
1. Necessity OF PRESENTING FORMAL claim WITH IN statutory period.
(a) If a government entity or agency is involved it is necessary
to file a formal
claim in writing
with the governing board or body or the administrative
office of the particular government entity or agency in accordance with
the
applicable government code.
(1) Where
Governmental claim form can be obtained - most governmental
agency's have their own
governmental from and the proper form may
be obtained from the
particular agency and completed within the
applicable
statutory period.
(b) Note: This is not the same as the applicable statute of limitations- its is a
filing requirements in addition to the formal filing requirement of the
applicable statute of limitations.
(b) In California the Govermental Entity Mandatory filing requirment s are
provided
the California Governemnt Code.
2. Consequences of Failur to file Claim are Disastrous - Claim Barred
A. General Defendants
1. Parent of driver or registered owner
2. Spouse of driver
3. Partner -Partner in a formal Business Relationship
4. Partner -Partner in a formal Business Relationship
5. Corporate director
6. Registered Owner
7. Owner -In Fact
8. Lessor and/or Renter of Vehicle
9. Co-owner of Vehicle
10. Owner of Property
11. Employer
12. Employee
13. Agent
14. City
14. County
15. State
16. Federal Governmenrt
1.. WAS A PRODUCT INVOLVED or cause of accident
A. sample PRODUCTS
B. deflective product
C. VOLTAGE REGULATOR: GENERAL MOTORS ‑ELECTRO MOTIVE
DIVISION TYPE ‑ VR 13 SERIAL NO‑ 83‑31‑1024
3.
REGISTERED OWNER‑ENGINE NO 8240
4.
INDEPENDENT CONTRACTOR
5
Premises
6.
Consent to Drivers License
II. COMPLAINT BY PLAINTIFF:
A. ISSUES:
1. Disputed issues
2. Undisputed issues
II. COMPLAINT BY PLAINTIFF:
A. Title of Complaint, Petition or
other first paper.
C. Basis of Venue
D. Basic Statement of Facts
E. Identification of Plaintiffs
F. Identification
of Defendants
G. Facts giving rise to law suit
H. Cause of Action -Each sated
separately
I.. Essential Allegation to Sate Cause of Action
I. Allegation of Damages
J. Prayer for Relief.
J. Signature
K. Verification Where Required
TORT EXAMPLE
For Contract see _______________
A. ISSUES:
1. FIRST CAUSE OF ACTION ‑
NEGLIGENCE
Supporting Facts
2.
SECOND CAUSE OF ACTION ‑ STRICT LIABILITY
3. FRAUD
A. STATUTE: BOILER
INSPECTION ACT 45 USC SEC 23 STATUTE FEDERAL EMPLOYERS ACT
III. PROCEDURAL TIME
LIMITATIONS:
A. Statute of Limitations:
A. Determination of statutory - Statute of Limitations:
Statute Providing for Statute of limitation
A. DATE OF ACCIDENT: JUNE 30,1987
B. DATE BY WHICH COMPLAINT MUST BE FILED :
NOVEMBER 8, 1987
C.
DATE COMPLAINT FILED: NOVEMBER 8, 1987
1. STATUTE OF LIMITATIONS:
JUNE 30, 1988
A. PERSONAL INJURY‑ONE YEAR
2. RETURN OF SERVICE:
Time Limit For
Service of Summons CCP§ 583.210
Non Applicability of Time limit
3.
MANDATORY DISMISSAL DATE: NOVEMBER 8, 1992
CCP §583.310 TIME LIMIT FOR
Bringing ACTION TO TRIAL CCP 583.330 EXTENSION OF TIME
CCP § 583.340 COMPUTATION OF TIME
CCP 583.350 PERIOD OF TOLLING OR EXTENSION CCP 583.360
DISMISSAL OF ACTION CCP 583.410
COURT’S DISCRETION IN DISMISSAL DEFINED CCP 583.420
CONDITIONS OF DISMISSAL
4.
TRIAL DATE: MAY 4, 1992
A.
JUDICIAL ARBITRATION
STIPULATED
ARBITRATION COURT ORDERED
1) Deadline pursuant to Local Court Rule:
2) Request For Special Setting Through Mutual Agreement Between Parties.
3) Request For Special Setting and Leave of Court Pursuant To Noticed Motion.
B.
JAMS
5. ESTABLISHING PRIORITY:
1. ADVANCE NOTICE TO COURT
AND COUNSEL 2. LETTER TO COUNSEL CONFIRMING AND NOTICE OF NO CONTINUANCE AND
INTENT TO PROCEED.
DEFENDANT’S ANSWER:
GENERAL DENIAL:
CAUSATION:
proximate cause
1.
OTHER ALLEGED FACTORS
WITNESSES
AFFIRMATIVE
DEFENSES
IV. DAMAGES
1. GENERAL DAMAGES:
Pain and suffering
RESTRICTED
ACTIVITY Loss of Consortium other
(1)
(2)
(3)
RESIDUAL‑
PERMANENT DISABILITY
2. SPECIAL DAMAGES;
MEDICAL EXPENSES
WAGE LOSS INCURRED TO DATE
FUTURE LOSS OF INCOME—IS
ACTUARY NECESSARY?
FRINGE
BENEFITS
11. ANSWER BY DEFENDANT
DEFENSES:
CONTRIBUTORY
NEGLIGENCE
ASSUMPTION
OF RISK
AFFIRMATIVE DEFENSES:
11. INVESTIGATION:
BY PLAINTIFF:
WITNESSES
STATEMENTS
PHOTOGRAPHS
PHYSICAL
EVIDENCE
BATTERY
VOLTAGE
REGULATOR
I
BY DEFENDANT:
WITNESSES
STATEMENTS
PHOTOGRAPHS
III.
EXPERT WITNESSES
1.
FOR PLAINTIFF
A.
LIABILITY
B.
MEDICAL
NAME
MEDICAL
REPORT
C. WAGE LOSS
2.
FOR DEFENDANT
III.
INFORMAL DISCOVERY:
2. Specific letters requesting items
3. Interview with potential witnesses
3. Interview with eye witnesses
4. Photographing Public Accessible areas or objects
1V.
FORMAL DISCOVERY:
A. DISCOVERY DEADLINE:
1. Discovery Cut off Date:
2.
B. EXTENDING DISCOVERY DATE:
C. MOTION TO REOPEN
DISCOVERY PURSUANT TO GOOD CAUSE MOTION:
1. LOCAL COURT RULE REQUIREMENTS:
2.
DEFENDANT REFUSAL TO WITNESSES
3. BAD FAITH DISCOVERY PRACTICE BY DEFENDANT:
1. BY PLAINTIFF TO DEFENDANT:
(1) INTERROGATORIES FROM SET TO CONTENTION
INTERROGATORIES:
WITNESSES IN SUPPORT OF CONTENTIONS:
BASIC SUPPORTING FACTS AND WITNESSES
WITNESSES IN SUPPORT OF FACT
SECOND
SET SENT TO
THIRD
SET SENT TO
Fourth
SET
FIFTH
SET: Special Set‑ sept 9. 1989
a. Motion to compel further answers to interrogatories.
b. other accidents‑documents.
A.
NUMBER OF SETS SET
2.
BY DEFENDANT
(2) REQUEST FOR ADMISSIONS:
BY
PLAINTIFF
by DEFENDANT:
1V. MOTION TO PRODUCE
FOR INSPECTION. COPYING, PHOTOGRAPHING AND INSPECTION
BY PLAINTIFF:
(1) DOCUMENTS OBTAINED:
(2)
PHOTOGRAPHS
(3)
MEMORANDUM
OTHER
ACCIDENTS
OTHER
COMPLAINTS
(4)
OTHER
BY
DEFENDANT
DEPOSITION:
BY PLAINTIFF:
WITNESS
NAME DATE
WITNESS
NAME DATE
WITNESS
NAME DATE
.
NUMBER OF WITNESSES