A response to a request for statement of witnesses and evidence in California is the topic of this blog post. Any response to a request for statement of witnesses and evidence must be served on the requesting party within 20 calendar days from the date of service of the request pursuant to Code of Civil Procedure section 96(c), however if the request was served by mail than the responding party has 25 calendar days to serve the response under Code of Civil Procedure section 96(g) which states that, “The time for performing acts required under this section shall be computed as provided by law, including Section 1013.”
Any party served with a request for statement of witnesses and evidence should first determine if the request was timely made as Code of Civil Procedure § 96(b) states that, “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.” If the request was served mail than it would have to be served no more than 50 calendar days or less than 35 calendar days prior to the date first set for trial. If the request was not timely made than an objection could be served to the request instead of a response
The response must contain the following pursuant to Code of Civil Procedure § 96(a):
The names and addresses of all witnesses other than a party to the action that the responding party intends to call at the trial;
A description of the physical evidence that the responding party intends to introduce at the trial;
A description and copies if available of documentary evidence that the responding party intends to offer at the trial;
Note that evidence and witnesses and that will be used only for impeachment do NOT have to be included.
The responding party should make sure to include all of the information required as they will not be permitted to call any witness, or introduce any evidence that was not included in the response except as otherwise provided by law. See the last sentence of Code of Civil Procedure § 96(a).
It should be noted however that Code of Civil Procedure § 97(b)(5) permits the responding party to request the court for permission to call witnesses and/or introduce evidence at trial on the grounds that the responding party made a reasonable good faith effort to comply with Code of Civil Procedure § 96(c) or on the grounds that the failure to comply was the result of mistake, inadvertence, surprise or excusable neglect as provided in Code of Civil Procedure § 473.
Attorneys or parties in California who would like to view a portion of a sample response to a request for statement of witnesses and evidence in California sold by the author can see below.
The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 255 sample legal documents for California and Federal litigation. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.