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California Code Of Civil Procedure Section 96

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 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.

Last modified: January 12, 2009