Limited Civil CasesEconomic Litigation for Limited Civil Cases
Section § 90
This law section states that unless the article specifically changes something, all the usual rules that apply to civil lawsuits will still apply to the lawsuits covered by this article.
Section § 91
This law states that, generally, the rules in this article apply to limited civil cases. However, it doesn't apply to certain small claims or unlawful detainer cases. If a party can show that following these rules is impractical for their case, they can request to be removed from these limitations through a formal motion.
Section § 92
This section outlines the rules for pleadings and motions in certain legal cases. You can file complaints and answers, but answers don't have to be verified, even if the original complaint was verified. Special objections called 'special demurrers' aren't allowed, and you can only ask to remove parts of a complaint if the requested damages or relief aren't supported by what's in the complaint. Other types of motions are generally allowed unless this section forbids them.
Section § 93
This law allows the person starting a lawsuit (the plaintiff) to send out official questionnaires with their complaint. These forms are meant to gather basic details about the case, like witness names, documents, and information on damages and insurance. The defendant has to fill out their questionnaire and send it back with their answer to the lawsuit. If someone doesn't respond or do it on time, the other party can ask the court to order a response, which might involve penalties like fines or other consequences. The forms for these questionnaires are standardized and supplied by the court.
Section § 94
This section explains the rules for limited discovery, which are the ways both parties in a case can gather information from each other before trial. You're allowed to use a total of 35 discovery items, which can include questions (interrogatories), requests for documents, or requests to admit certain facts. You can also conduct one deposition, which is a formal interview that can be oral or written. If you need documents from someone not directly involved in the case, you can issue a special subpoena to get those documents sent to your lawyer. Finally, you can request physical or mental exams and find out who the expert witnesses might be.
Section § 95
If you need more information or evidence for your legal case than what you've already gathered, you can ask the court for permission to get it. However, you must show that without this extra discovery, you won't be able to effectively present your case. The court will consider whether you've already tried in good faith to get the information you need and if you've tried to get it through other means, like reaching an agreement with the other party. Both parties can also agree (or stipulate) to allow more discovery if needed.
Section § 96
This section allows one party in a case to request information from the other about who they plan to call as witnesses (excluding individual parties), and details about the physical and documentary evidence they plan to use in a trial. This request has to go out no more than 45 days but no less than 30 days before trial. Once the request is received, the other party has 20 days to reply. You can only introduce the witnesses and evidence you mentioned in the reply unless the law allows otherwise. Changes to this statement can only happen if both parties agree in writing or a judge allows it for a good reason. While the paperwork can't be filed with the court, forms must be available from the clerk's office. All timing must follow existing legal rules.
Section § 97
This law says that if a party objects and has followed specific legal steps, the opposing party can't use new witnesses or evidence in the case unless they were already listed in a pre-trial statement, except for certain cases. These exceptions include a party calling themselves as a witness, using evidence to challenge credibility, documents obtained through recognized legal processes, or if the court allows it due to honest mistakes or unforeseen circumstances. It also clarifies that this restriction doesn't apply in certain hearings.
Section § 98
This section allows a party in a lawsuit to present witness testimony in writing through affidavits or declarations instead of having the witness testify in person. The written testimony can include expert opinions and evidence documentation. For this to be allowed, either the written testimony must be served to the opposing party 30 days before the trial, with the witness being reachable close to the trial location, or the testimony must come from a deposition where the opposing party was present. The court then decides if this written testimony can replace in-person testimony or be submitted as evidence.
Section § 99
When a court makes a final decision on a matter, that decision is binding on the people involved and their successors in the same issue. However, it can't be used to stop someone in a different lawsuit who wasn't involved in the original case.
Section § 100
This law says that if you're involved in a legal case and don't agree with the final decision or order, you have the right to ask a higher court to review it, as long as you follow the rules for appeals.