Section § 90

Explanation

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.

Except where changed by the provisions of this article, all provisions of law applicable to civil actions generally apply to actions subject to this article.

Section § 91

Explanation

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.

(a)CA Civil Procedure Code § 91(a) Except as otherwise provided in this section, the provisions of this article apply to every limited civil case.
(b)CA Civil Procedure Code § 91(b) The provisions of this article do not apply to any action under Chapter 5.5 (commencing with Section 116.110) or any proceeding under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3.
(c)CA Civil Procedure Code § 91(c) Any action may, upon noticed motion, be withdrawn from the provisions of this article, upon a showing that it is impractical to prosecute or defend the action within the limitations of these provisions.

Section § 92

Explanation

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.

(a)CA Civil Procedure Code § 92(a) The pleadings allowed are complaints, answers, cross-complaints, answers to cross-complaints and general demurrers.
(b)CA Civil Procedure Code § 92(b) The answer need not be verified, even if the complaint or cross-complaint is verified.
(c)CA Civil Procedure Code § 92(c) Special demurrers are not allowed.
(d)CA Civil Procedure Code § 92(d) Motions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.
(e)CA Civil Procedure Code § 92(e) Except as limited by this section, all other motions are permitted.

Section § 93

Explanation

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.

(a)CA Civil Procedure Code § 93(a) The plaintiff has the option to serve case questionnaires with the complaint, using forms approved by the Judicial Council. The questionnaires served shall include a completed copy of the plaintiff’s completed case questionnaire, and a blank copy of the defendant’s case questionnaire.
(b)CA Civil Procedure Code § 93(b) Any defendant upon whom a case questionnaire is served shall serve a completed defendant’s case questionnaire upon the requesting plaintiff with the answer.
(c)CA Civil Procedure Code § 93(c) The case questionnaire shall be designed to elicit fundamental information about each party’s case, including names and addresses of all witnesses with knowledge of any relevant facts, a list of all documents relevant to the case, a statement of the nature and amount of damages, and information covering insurance coverages, injuries and treating physicians. The Judicial Council shall design and develop forms for case questionnaires.
(d)CA Civil Procedure Code § 93(d) Approved forms shall be made available by the clerk of the court.
(e)CA Civil Procedure Code § 93(e) If a party on whom a case questionnaire has been served under subdivision (a) or (b) fails to serve a timely or a complete response to that questionnaire, the party serving the questionnaire may move for an order compelling a response or a further response and for a monetary sanction under Chapter 7 (commencing with Section 2023.010) of Title 4 of Part 4. If a party then fails to obey an order compelling a response or a further response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010) of Title 4 of Part 4. In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) of Title 4 of Part 4.

Section § 94

Explanation

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.

Discovery is permitted only to the extent provided by this section and Section 95. This discovery shall comply with the notice and format requirements of the particular method of discovery, as provided in Title 4 (commencing with Section 2016.010) of Part 4. As to each adverse party, a party may use the following forms of discovery:
(a)CA Civil Procedure Code § 94(a) Any combination of 35 of the following:
(1)CA Civil Procedure Code § 94(a)(1) Interrogatories (with no subparts) under Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4.
(2)CA Civil Procedure Code § 94(a)(2) Demands to produce documents or things under Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4.
(3)CA Civil Procedure Code § 94(a)(3) Requests for admission (with no subparts) under Chapter 16 (commencing with Section 2033.010) of Title 4 of Part 4.
(b)CA Civil Procedure Code § 94(b) One oral or written deposition under Chapter 9 (commencing with Section 2025.010), Chapter 10 (commencing with Section 2026.010), or Chapter 11 (commencing with Section 2028.010) of Title 4 of Part 4. For purposes of this subdivision, a deposition of an organization shall be treated as a single deposition even though more than one person may be designated or required to testify pursuant to Section 2025.230.
(c)CA Civil Procedure Code § 94(c) Any party may serve on any person a deposition subpoena duces tecum requiring the person served to mail copies of documents, books, or records to the party’s counsel at a specified address, along with an affidavit complying with Section 1561 of the Evidence Code.
The party who issued the deposition subpoena shall mail a copy of the response to any other party who tenders the reasonable cost of copying it.
(d)CA Civil Procedure Code § 94(d) Physical and mental examinations under Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4.
(e)CA Civil Procedure Code § 94(e) The identity of expert witnesses under Chapter 18 (commencing with Section 2034.010) of Title 4 of Part 4.

Section § 95

Explanation

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.

(a)CA Civil Procedure Code § 95(a) The court may, on noticed motion and subject to such terms and conditions as are just, authorize a party to conduct additional discovery, but only upon a showing that the moving party will be unable to prosecute or defend the action effectively without the additional discovery. In making a determination under this section, the court shall take into account whether the moving party has used all applicable discovery in good faith, and whether the party has attempted to secure the additional discovery by stipulation or by means other than formal discovery.
(b)CA Civil Procedure Code § 95(b) The parties may stipulate to additional discovery.

Section § 96

Explanation

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.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 96(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)CA Civil Procedure Code § 96(c) A statement responding to the request shall be served within 20 days from the service of the request.
(d)CA Civil Procedure Code § 96(d) No additional, amended or late statement is permitted except by written stipulation or unless ordered for good cause on noticed motion.
(e)CA Civil Procedure Code § 96(e) No request or statement served under this section shall be filed, unless otherwise ordered.
(f)CA Civil Procedure Code § 96(f) The clerk shall furnish forms for requests under this rule.
(g)CA Civil Procedure Code § 96(g) The time for performing acts required under this section shall be computed as provided by law, including Section 1013.

Section § 97

Explanation

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.

(a)CA Civil Procedure Code § 97(a) Except as provided in this section, upon objection of a party who served a request in compliance with Section 96, no party required to serve a responding statement may call a witness or introduce evidence, except for purposes of impeachment, against the objecting party unless the witness or evidence was included in the statement served.
(b)CA Civil Procedure Code § 97(b) The exceptions to subdivision (a) are:
(1)CA Civil Procedure Code § 97(b)(1) A person who, in his or her individual capacity, is a party to the litigation and who calls himself or herself as a witness.
(2)CA Civil Procedure Code § 97(b)(2) An adverse party.
(3)CA Civil Procedure Code § 97(b)(3) Witnesses and evidence used solely for purposes of impeachment.
(4)CA Civil Procedure Code § 97(b)(4)  Documents obtained by discovery authorized by this chapter.
(5)CA Civil Procedure Code § 97(b)(5) The court may, upon such terms as may be just (including, but not limited to, continuing the trial for a reasonable period of time and awarding costs and litigation expenses), permit a party to call a witness or introduce evidence which is required to be, but is not included in such party’s statement so long as the court finds that such party has made a good faith effort to comply with subdivision (c) of Section 96 or that the failure to comply was the result of his or her mistake, inadvertence, surprise or excusable neglect as provided in Section 473.
(c)CA Civil Procedure Code § 97(c) Nothing in this article limits the introduction of evidence in any hearing pursuant to Section 585.

Section § 98

Explanation

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.

A party may, in lieu of presenting direct testimony, offer the prepared testimony of relevant witnesses in the form of affidavits or declarations under penalty of perjury. The prepared testimony may include, but need not be limited to, the opinions of expert witnesses, and testimony which authenticates documentary evidence. To the extent the contents of the prepared testimony would have been admissible were the witness to testify orally thereto, the prepared testimony shall be received as evidence in the case, provided that either of the following applies:
(a)CA Civil Procedure Code § 98(a) A copy has been served on the party against whom it is offered at least 30 days prior to the trial, together with a current address of the affiant that is within 150 miles of the place of trial, and the affiant is available for service of process at that place for a reasonable period of time, during the 20 days immediately prior to trial.
(b)CA Civil Procedure Code § 98(b) The statement is in the form of all or part of a deposition in the case, and the party against whom it is offered had an opportunity to participate in the deposition.
The court shall determine whether the affidavit or declaration shall be read into the record in lieu of oral testimony or admitted as a documentary exhibit.

Section § 99

Explanation

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.

A judgment or final order, in respect to the matter directly adjudged, is conclusive between the parties and their successors in interest but does not operate as collateral estoppel of a party or a successor in interest to a party in other litigation with a person who was not a party or a successor in interest to a party to the action in which the judgment or order is rendered.

Section § 100

Explanation

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.

Any party shall have the right to appeal any judgment or final order consistent with the law governing appeals.