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Documents and
Information Needed
A. Order to Show Cause(Civil)
1. Completed calendar
assignment sheet
2.
Completed billing agreement
3. A
copy of the O.S.C. Notice
4. A
copy of a declaration responding specifically to the O.S.C. Notice, e.g.
O.S.C. failure to appear,
O.S.C. arbitration completion, O.S.C. re filing of default
5.
Remember, due diligence declaration for service issues must be made
by the process server. All
declarations must be filed five days prior to the O.S.C. Hearings
6.
If O.S.C. is for a missed appearance or some failures other than
service issues, a copy of your filed
declaration from attorney is very helpful.
Case Management Conference
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Courts are beginning to identify the purpose of
the further CMC's. For example, you may see
"CMC/ Trial Setting Conference". Be sure to let
us know what is the complete designation of the
hearing when setting up these appearance.
1. Completed
calendar assignment sheet
2. Completed
billing agreement
3. Governed by Cal
Rules of Court. Rule 3.720-3.75. It is set
approximately 180 days from the date the
case is filed.
4. Case Management
Forms (form cm110) must be served and filed
no later than 15 days prior to CMC
hearing
Rule 3.725 (a) We will need a copy of your
CMC statement and, if available, a copy of
yours
and opposing counsel's CMC statement.
5. If you have a
CMC statement which as not been filed,
please include it with our Calendar
Assignment
form.
6. If an O.S.C. is
set at some time as CMC, you may need to
also submit a declaration addressing the
issues set forth in the O.S.C. CMC's are
dispositional. Cases are almost always
referred to some kind
of
ADR (mediation,
arbitration, etc).
7. If you want to avoid ADR,
we must have a persuasive argument for the
judge.
8. If hearing
designation says CMC/---(i.e. CMC/ Trial
setting conference) we will need information
of
# of days for trial, the number of
witness you expect to call, etc., and your
trial calendar.
Although this hearing is not specially authorized by the California
court rules, it is still frequently used by courts to resolve specific
issues.
1. Completed calendar assignment sheet
2. Completed billing agreement
3. Copy of your latest CMC statement
4. Copy of your filed declaration, with proof of service, addressing the
specific issues set forth in the
minute order setting the status
conference
1. Completed calendar
assignment
2.
Completed billing agreement
3.
Copy of notice of motion, motion and exhibits memorandum of points and
authority and supporting
declaration
4.
Copy of oppositions and reply if applicable
5.
Copy of proposal order if you are moving party
Obvious each type of motion may require different information. e.g. On
motion to set aside dismissals or default, when do you wish the new
hearing date to be set.
If you wish us to arguable some point not in your briefs, please supply
memo.
1. Completed assignment sheet
2. Completed billing agreement
3.
Copy of notice of demurrer, demurrer, memorandum of points and
authorities, opposition and reply, if
any
4. Declaration if any
5. Proposed order
6. Memo on any issue you wish us to emphasize in oral argume
Compromise of minor's claim ( Minor's Comp )
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1. Completed calandar assignment sheet
2.
Completed billing agreement
3.
Copy of filed petition together with any attachments
4.
Original / filed copy of order approving minor’s petition
5.
Original of order of deposit
6.
Description of the guardian ad litem and where we should meet her/ him
7.
A recent medical report on status of minor’s health
WARNING! If your request for attorney’s fee is in excess of 25% of the
net to the minor, you will need to submit a declaration justifying
excess.
1.
Completed calendar assignment sheet
2. Completed billing agreement
3.
Completed filed copy of CMC statement of debtor and proof of service
4. Copy of proof of service on debtor of debtor examination request
5.
Copy of S.D.T. and attached list of documents which have been subpoenaed
6.
Instructions if debtor fails to appear
Copy of list of any special questions you wish to ask debtor. Otherwise,
we will use our own
If debtor does not appear, do you want a bench warrent issued? If yes,
in what amount?
Mandatory settlement
conference (M.S.C.) OSO
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1. Completed calendar assignment sheet
2. Completed billing address
3. Completed filed latest CMC statement, if available.
4. Copy of filed M.S.C. statement
5. Written authorization with bottom line to settle case
6. In some jurisdictions, we need “permission” for special appearance
attorney to appear (call Bob)
7. A telephone number where you can be reached during the hearing
8. Statement whether client has been advised of our appearance
1. Court Ordered Arbitration
2. Completed calendar assignment sheet
3. Arbitration briefs (Both sides, if available)
4. All notices of intent to submit documentary evidence
5.
Copies of all documents you wish to admit into evidence
6. Lists of witnesses and what you expect their testimony to be
7. Your bottom line for settlement
8. Binding/ Contractual arbitration (These must be approved by Bob)
1. Completed calendar assignment sheet
2. Completed billing agreement
3. Copy of notice scheduling mediation
4. Completed filed mediation statement and opposition
5.
Statement whether your client has authority to settle or do we need to
call you
6. Written authority to settle case
Bankruptcy, Family law and
criminal cases
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Bankruptcy, Family law and
criminal cases are reviewed by Bob. He will call you if he needs
additional information.
Court Trial/ Prove ups
(Collections et al)
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1. Completed calendar assignment sheet
2.
Completed billing agreement
3.
Copies of the completed file of the principal of the debt
4.
Please ask the witness of the principal to bring complete "original"
file to court
5.
Double check to make sure the file contains an assignment of the debt to
collection agency
6. We need contact information for witness. We will attempt to fax our
standard witness questions to him
her prior to the hearing
7.
We need to written settlement authority
8.
If possible, please send a proposed judgment and stipulation. To
download a copy of some,
click here
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What we need on this
appearance depends on what is on calendar.
1.
Completed calendar assignment sheet
2. Completed billing agreement
3. Please always check the probate examiners'++ notes on the court's
website to get the most correct notes. These will contain a description
of the upcoming hearing, any problems, issues, and etc. How to clear
them will be on these notes.
4. Notice of hearing
1. Sitting (LAY)
1. Completed calendar assignment sheet
2.
Completed billing agreement
3. Copy of deposition notice
4.
Copy of previous discovery responses of deponent
5.
Copies of any recent medical records or reports of deponent, if medical
malpractice or personal injury
case
6.
A copy of a narrative description of any special problems or issues
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Whether you would like a formal report?
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Has your client been notified of our appears?
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Do you wish us to prepare the deponent?
2. Taking (LAY)
1. Completed calendar assignment sheet
2. Completed billing agreement
3.
Copy of deposition notice
4.
Memo of law and facts on case, if available. If you are counsel for
insurance carrier, your opening
memo to claims would be great
5.
Any previous discovery insurance by deponent
6. All medical records and reports
7.
Do you wish a formal report in a defense format?
8. If p.i. case, do you wish us to ask about how the deponent chose a
particular doctor?
Civil
1. Completed calendar assignment sheet
2.
Completed billing agreement
3.
Copy of application for ex parte order and any attachments. If the local
rules require the appearing
attorney to bring ex-parte documents, please
have original documents delivered to our office.
4.
Copy of certificate of notice
5.
If we are appearing for applying party, advanced of filing fees.
6.
Any opposition and exhibits to application
7.
If ex parte application to shorten time for noticing motion, the date
that you want the motion to be
heard.
Rules for Ex Parte hearings are exempt from the California Rules of
Court. You should consult each counties local rules. For that
connection, you may return to resources page and click on the proper
county for those rules.
1. Completed Calendar Assignment Sheet
2.
Completed billing agreement
3.
Copy of the petition/complaint
4.
Copy of 30 day notice of eviction
5. Copy of Proof of service of eviction
6. Copy of Proof of service of court filing by someone other than plaintiff
7. Original rental contract including attorneys fees
8.
We need either a declaration from, or the landlord/owner, or someone
directly involved to be present at the hearing. The site manager is also
acceptable. We need the name and phone number of any such witness.
What we need depends upon
whether it’s a deposition lien hearing, an M.S.C. etc. it’s always a
good idea to discuss this directly with Bob.
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