This is a unlimited civil trial in California. Opposition has not served me with any interrogatories or made any requests for discovery. How far in advance of the trial must I submit documents to the court and serve on the opposition that I intent on using as evidence?
The answer depends, in part, on whether or not this is a jury trial. Assuming no discovery was exchanged, you should follow that judge's rules regarding the Final Status Conference. In most instances in Los Angeles, you will have to submit joint exhibit lists (which would be time the opposition will know what documents you have) by the time of the Final Status Conference and exchange the physical exhibits prior to trial.
The court does not need to see any exhibits until the day of trial. The court just needs to see the exhibit lists and the witness lists.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
I would think that, given the wording you used to describe the situation, you should consider filing a motion for summary judgment/adjudication (Cal. Code Civ. Proc. Sec. 437c; Cal. Rules of Court, rules 3.1350-3.1354).
As per the Code: "Notice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing." Additionally, these motions must be heard no later than 30 days before trial.
The standard for summary judgment is: " Any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding."
In this case, if the opposing party has obtained no evidence through discovery, then any of their complaints or defenses must fail.
I recommend that you consult an attorney regarding the specifics of your case.
Most trial courts have their own rules, but generally, for jury trials, the parties are required to meet and confer and submit joint documents, including witness list, exhibit list, statement of the case, jury instructions, etc. 5-10 days before the Final Status Conference.
Check the local rules, the rules of court, and with the clerk for more specific rules.
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