CP Civil Litigation & Procedure 3 — Questions and Answers
Question 1: Under CCP § 2025.210, a plaintiff may serve a deposition notice upon the defendant without leave of court after:
- The complaint is filed
- The defendant has been served with the summons and complaint
- 20 days after the defendant is served with the summons and complaint (Correct answer)
- The case management conference is held
Correct 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.
Question 2: A subpoena compelling a non-party witness to appear and testify at a deposition in California is called a:
- Subpoena Duces Tecum
- Deposition Subpoena for Personal Appearance (Correct answer)
- Business Records Subpoena
- Order to Show Cause
Correct 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.
Question 3: 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?
- Motion in Limine
- Motion for Judgment on the Pleadings
- Motion for Summary Judgment (Correct answer)
- Motion to Compel
Correct 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.
Question 4: Under California law, a cross-complaint must generally be filed:
- Before the plaintiff files a reply
- At the same time as or before the answer (Correct answer)
- Within 30 days after the answer is filed
- Only with leave of court regardless of timing
Correct 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.
Question 5: The 'five-year rule' under CCP § 583.310 requires a California civil case to be brought to trial within five years or face:
- Mandatory arbitration
- Dismissal without prejudice
- Mandatory dismissal with prejudice (Correct answer)
- Transfer to a different court
Correct 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.
Question 6: Which document formally notifies all parties of the date, time, and location of a deposition in California?
- Deposition Subpoena
- Notice of Deposition (Correct answer)
- Declaration of Service
- Case Management Statement
Correct 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.
Question 7: In California civil litigation, 'in limine' motions are typically filed and heard:
- At the pleading stage before any discovery
- During discovery to compel production of evidence
- Before trial begins to exclude or limit evidence (Correct answer)
- After verdict to challenge jury instructions
Correct 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.
CP Civil Litigation & Procedure 3
Under CCP § 2025.210, a plaintiff may serve a deposition notice upon the defendant without leave of court after: