SECTIONS 90-100 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 90-100

90. Except where changed by the provisions of this article, all
provisions of law applicable to civil actions generally apply to
actions subject to this article.

91. (a) Except as otherwise provided in this section, the
provisions of this article apply to every limited civil case.
(b) The provisions of this article do not apply to any action
under Chapter 5.5 (commencing with Section 116.110) or any proceeding
under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3.
(c) Any action may, upon noticed motion, be withdrawn from the
provisions of this article, upon a showing that it is impractical to
prosecute or defend the action within the limitations of these
provisions.

92. (a) The pleadings allowed are complaints, answers,
cross-complaints, answers to cross-complaints and general demurrers.
(b) The answer need not be verified, even if the complaint or
cross-complaint is verified.
(c) Special demurrers are not allowed.
(d) Motions to strike are allowed only on the ground that the
damages or relief sought are not supported by the allegations of the
complaint.
(e) Except as limited by this section, all other motions are
permitted.

93. (a) The plantiff has the option to serve case questionnaires
with the complaint, using forms approved by the Judicial Council. The
questionnaires served shall include a completed copy of the
plaintiff's completed case questionnaire, and a blank copy of the
defendant's case questionnaire.
(b) Any defendant upon whom a case questionnaire is served shall
serve a completed defendant's case questionnaire upon the requesting
plaintiff with the answer.
(c) The case questionnaire shall be designed to elicit fundamental
information about each party's case, including names and addresses
of all witnesses with knowledge of any relevant facts, a list of all
documents relevant to the case, a statement of the nature and amount
of damages, and information covering insurance coverages, injuries
and treating physicians. The Judicial Council shall design and
develop forms for case questionnaires.
(d) Approved forms shall be made available by the clerk of the
court.
(e) If a party on whom a case questionnaire has been served under
subdivision (a) or (b) fails to serve a timely or a complete response
to that questionnaire, the party serving the questionnaire may move
for an order compelling a response or a further response and for a
monetary sanction under Section 2023. If a party then fails to obey
an order compelling a response or a further response, the court may
make those orders that are just, including the imposition of an issue
sanction, an evidence sanction, or a terminating sanction under
Section 2023. In lieu of or in addition to that sanction, the court
may impose a monetary sanction under Section 2023.

93. (a) The plaintiff has the option to serve case questionnaires
with the complaint, using forms approved by the Judicial Council. The
questionnaires served shall include a completed copy of the
plaintiff's completed case questionnaire, and a blank copy of the
defendant's case questionnaire.
(b) Any defendant upon whom a case questionnaire is served shall
serve a completed defendant's case questionnaire upon the requesting
plaintiff with the answer.
(c) The case questionnaire shall be designed to elicit fundamental
information about each party's case, including names and addresses
of all witnesses with knowledge of any relevant facts, a list of all
documents relevant to the case, a statement of the nature and amount
of damages, and information covering insurance coverages, injuries
and treating physicians. The Judicial Council shall design and
develop forms for case questionnaires.
(d) Approved forms shall be made available by the clerk of the
court.
(e) If a party on whom a case questionnaire has been served under
subdivision (a) or (b) fails to serve a timely or a complete response
to that questionnaire, the party serving the questionnaire may move
for an order compelling a response or a further response and for a
monetary sanction under Chapter 7 (commencing with Section 2023.010)
of Title 4 of Part 4. If a party then fails to obey an order
compelling a response or a further response, the court may make those
orders that are just, including the imposition of an issue sanction,
an evidence sanction, or a terminating sanction under Chapter 7
(commencing with Section 2023.010) of Title 4 of Part 4. In lieu of
or in addition to that sanction, the court may impose a monetary
sanction under Chapter 7 (commencing with Section 2023.010) of Title
4 of Part 4.

94. Discovery is permitted only to the extent provided by this
section and Section 95. This discovery shall comply with the notice
and format requirements of the particular method of discovery, as
provided in Title 4 (commencing with Section 2016.010) of Part 4. As
to each adverse party, a party may use the following forms of
discovery:
(a) Any combination of 35 of the following:
(1) Interrogatories (with no subparts) under Chapter 13
(commencing with Section 2030.010) of Title 4 of Part 4.
(2) Demands to produce documents or things under Chapter 14
(commencing with Section 2031.010) of Title 4 of Part 4.
(3) Requests for admission (with no subparts) under Chapter 16
(commencing with Section 2033.010) of Title 4 of Part 4.
(b) One oral or written deposition under Chapter 9 (commencing
with Section 2025.010), Chapter 10 (commencing with Section
2026.010), or Chapter 11 (commencing with Section 2028.010) of Title
4 of Part 4. For purposes of this subdivision, a deposition of an
organization shall be treated as a single deposition even though more
than one person may be designated or required to testify pursuant to
Section 2025.230.
(c) Any party may serve on any person a deposition subpoena duces
tecum requiring the person served to mail copies of documents, books,
or records to the party's counsel at a specified address, along with
an affidavit complying with Section 1561 of the Evidence Code.
The party who issued the deposition subpoena shall mail a copy of
the response to any other party who tenders the reasonable cost of
copying it.
(d) Physical and mental examinations under Chapter 15 (commencing
with Section 2032.010) of Title 4 of Part 4.
(e) The identity of expert witnesses under Chapter 18 (commencing
with Section 2034.010) of Title 4 of Part 4.

95. (a) The court may, on noticed motion and subject to such terms
and conditions as are just, authorize a party to conduct additional
discovery, but only upon a showing that the moving party will be
unable to prosecute or defend the action effectively without the
additional discovery. In making a determination under this section,
the court shall take into account whether the moving party has used
all applicable discovery in good faith, and whether the party has
attempted to secure the additional discovery by stipulation or by
means other than formal discovery.
(b) The parties may stipulate to additional discovery.

96. (a) Any party may serve on any other party a request in
substantially the following form:

TO: ___________________________________________ ,
attorney for ___________________________________:

You are requested to serve on the undersigned, within 20 days, a
statement of: the names and addresses of witnesses (OTHER THAN A
PARTY WHO IS AN INDIVIDUAL) you intend to call at trial; a
description of physical evidence you intend to offer; and a
description and copies of documentary evidence you intend to offer
or, if the documents are not available to you, a description of them.
Witnesses and evidence that will be used only for impeachment need
not be included. YOU WILL NOT BE PERMITTED TO CALL ANY WITNESS, OR
INTRODUCE ANY EVIDENCE, NOT INCLUDED IN THE STATEMENT SERVED IN
RESPONSE TO THIS REQUEST, EXCEPT AS OTHERWISE PROVIDED BY LAW.

(b) The request shall be served no more than 45 days or less than
30 days prior to the date first set for trial, unless otherwise
ordered.
(c) A statement responding to the request shall be served within
20 days from the service of the request.
(d) No additional, amended or late statement is permitted except
by written stipulation or unless ordered for good cause on noticed
motion.
(e) No request or statement served under this section shall be
filed, unless otherwise ordered.
(f) The clerk shall furnish forms for requests under this rule.
(g) The time for performing acts required under this section shall
be computed as provided by law, including Section 1013.

97. (a) Except as provided in this section, upon objection of a
party who served a request in compliance with Section 96, no party
required to serve a responding statement may call a witness or
introduce evidence, except for purposes of impeachment, against the
objecting party unless the witness or evidence was included in the
statement served.
(b) The exceptions to subdivision (a) are:
(1) A person who, in his or her individual capacity, is a party to
the litigation and who calls himself or herself as a witness.
(2) An adverse party.
(3) Witnesses and evidence used solely for purposes of
impeachment.
(4) Documents obtained by discovery authorized by this chapter.
(5) The court may, upon such terms as may be just (including, but
not limited to, continuing the trial for a reasonable period of time
and awarding costs and litigation expenses), permit a party to call a
witness or introduce evidence which is required to be, but is not
included in such party's statement so long as the court finds that
such party has made a good faith effort to comply with subdivision
(c) of Section 96 or that the failure to comply was the result of his
or her mistake, inadvertence, surprise or excusable neglect as
provided in Section 473.
(c) Nothing in this article limits the introduction of evidence in
any hearing pursuant to Section 585.

98. A party may, in lieu of presenting direct testimony, offer the
prepared testimony of revelant witnesses in the form of affidavits or
declarations under penalty of perjury. The prepared testimony may
include, but need not be limited to, the opinions of expert
witnesses, and testimony which authenticates documentary evidence. To
the extent the contents of the prepared testimony would have been
admissible were the witness to testify orally thereto, the prepared
testimony shall be received as evidence in the case, provided that
either of the following applies:
(a) A copy has been served on the party against whom it is offered
at least 30 days prior to the trial, together with a current address
of the affiant that is within 150 miles of the place of trial, and
the affiant is available for service of process at that place for a
reasonable period of time, during the 20 days immediately prior to
trial.
(b) The statement is in the form of all or part of a deposition in
the case, and the party against whom it is offered had an
opportunity to participate in the deposition.
The court shall determine whether the affidavit or declaration
shall be read into the record in lieu of oral testimony or admitted
as a documentary exhibit.

99. A judgment or final order, in respect to the matter directly
adjudged, is conclusive between the parties and their successors in
interest but does not operate as collateral estoppel of a party or a
successor in interest to a party in other litigation with a person
who was not a party or a successor in interest to a party to the
action in which the judgment or order is rendered.

100. Any party shall have the right to appeal any judgment or final
order consistent with the law governing appeals.