Rules Of Civil Procedure
Amended Pleadings
An amended pleading is when changes are made to the original legal documents in a case. This could mean adding or removing a party's name, fixing a mistake, or adding new information about events that happened before the case started. These changes are added to the original complaint, not replacing it, and they become part of the case.
If a pleading is rewritten completely, it is called an "amended pleading." This replaces the original pleading. The new version must be verified (confirmed) like the original and served to any defendants who haven’t been served yet. Defendants have 30 days to respond after being served.
A "supplemental pleading" is different. It adds information about events that happened after the original pleading was filed. This type of pleading needs approval from the court or agreement from both parties. It can be filed at any time before the judgment.
Discovery
Discovery is the process of gathering evidence for a case. After the complaint is filed, an attorney can require someone to testify at trial, give a deposition, or attend other proceedings by serving them a subpoena. If you’re representing yourself, you need the court clerk to issue the subpoena. Attorneys can issue subpoenas without the court’s help.
If specific items like documents or records are needed, a "subpoena duces tecum" is used. This requires an affidavit showing why the items are needed.
If someone ignores a subpoena, refuses to testify, or doesn’t follow court rules, they could face penalties, including being found in contempt of court. Witnesses may also receive payment for appearing in court.
Other forms of discovery, like written questions (interrogatories) or requests for admissions, happen outside of court. The court only gets involved if there’s a dispute or someone doesn’t respond on time.
Assistance and Legal Resources
Civil cases can be complicated. If you’re unsure about what to do, it’s a good idea to get help from an attorney. Court clerks can’t give legal advice or recommend lawyers, but you can contact the San Bernardino County Bar Association or the California Bar Association for help finding a lawyer. Free or low-cost legal aid is also available; check the court’s website for more information.
Attachment
Attachment is when the court allows a plaintiff to hold the defendant's property as security for a possible judgment. To do this, the plaintiff files an application with an affidavit. If approved, the court issues a writ of attachment, which allows the sheriff or a process server to take control of the property until the case is decided. However, wages cannot be attached before a court hearing.
Defendants can challenge an attachment by filing a motion and posting a bond. The judge decides whether the attachment stays in place.
Post-Judgment Options
If the person who owes a judgment (the debtor) doesn’t pay, the person owed money (the creditor) can take several actions:
- Court Order for Appearance of Judgment Debtor (ORAP): This requires the debtor to appear in court and answer questions about their income and property. If the debtor doesn’t show up, they could face penalties.
- Writ of Execution: This allows property to be taken or sold to pay the judgment.
- Abstract of Judgment: This places a lien on the debtor’s real property, meaning it must be paid off if the property is sold or refinanced.
- Third-Party Claim: If someone else claims the property being attached, the court may hold a hearing to decide who owns it.
Default Judgment
A default judgment happens when the defendant doesn’t respond to the complaint in time after being properly served. If this happens, the plaintiff can ask the court to record the defendant’s failure to respond (called an "entry of default") and to give a default judgment.
Default judgments are helpful because they let the court decide the case without holding a full trial. For simple cases, like ones about contracts or money owed, a court clerk can approve the judgment without a judge. But in some cases, the plaintiff must show extra proof at a hearing (called a "prove-up" hearing) before a judge approves the default judgment.
Venue
The venue is the court where a case is filed. Each Superior Court covers a specific area. A case is usually filed in the correct venue if:
- The defendant lived in that area when the case started.
- A contract was made or carried out in that area.
- An accident or injury happened in that area.
- The property being argued about is in that area.
If the case is filed in the wrong venue, the defendant must ask to move it. Some special cases, like environmental law (CEQA) or certain motions, may be heard in a central location instead of the local court. Check the court's website for more information about where special cases are handled.