This form is a sample letter in Word format covering the subject matter of the title of the form. Since you are a party to the case, you must file a Request to Quash the Subpoena. Administrative Oversight and Accountability, Director of Workplace Relations Contacts by Circuit, Fact Sheet for Workplace Protections in the Federal Judiciary, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. The server can use a: 5. Notice to Attend Hearing or Trial Notice to Attend Hearing or Trial and Bring Documents Subpoenas Keep in mind that you can only use any of these options if the other party is a California resident. %PDF-1.5
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order, it may include a request that the party or person bring with him or her books, %%EOF
27 Febbraio 2023. Subject to this subdivision, the notice provided in this subdivision shall have the same effect as is provided in subdivision (b) as to a notice for attendance of that party or person. employed, and on the minor if the minor is 12 years of age or older. Description: This sample notice of deposition notice for person most knowledgeable in California is used ONLY when deposing a party to the action who is a corporation, llc, or other fictitious entity. Rules of Court, rule 2.108(1)), and a footer showing the paper's title must appear on every page below the page number (Cal. A subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify. Subpoena to Testify at a Deposition in a Civil Action. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. Serve a copy of your Request on the other side. orders, including the imposition of sanctions, as in the case of a subpoena for attendance If the other side does not show up or just his or her lawyer appears, the judge may still be able to make the orders you request based on information that the court receives from other sources, including information that you provide. to and from the place designated, and one day's attendance there. AO-088A. JKRLIN RK ESSNEP ER RPLEH KP MNEPLJA EJB SPKB^IN BKI^DNJRY, &n surn tk rndkvn tmnsn jktlins ejb ehh ktmnr jktlins `ngkrn uslja, '()N ('" (#(*R+ ,G #(PR+ NPN" *R3 R3* ',R*N, ls rnqulrnb tk eppner `nkrn tmn e`k!n"n#tlt$nb Ikurt% $k&etnb et, Do not sell or share my personal information. Service of subpoena, or of written notice. (5) " Plaintiff " includes a cross-complainant. care or control of the minor or with whom the minor resides or by whom the minor is party or person. The judge may quash the subpoena, modify it, or order you to comply with it. Someone 18 or older not involved in the case must mail or personally deliver a copy of the Notice to Attend to the other partys lawyer (or to the other party, if he or she does not have a lawyer). the witness, and the parties shall have those rights and the court may make those Take a blankCivil Subpoena(Form SUBP-001) to the clerk. California Courts | Self Help Guide Civil Subpoena for Personal Appearance at Trial or Hearing (SUBP-001) Orders a person who is not a party to a case to appear and testify at a trial or court hearing. process at the county child welfare department or the probation department under whose
The service shall be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. Fill out Page 3 of the originalCivil Subpoena. The person who served the notice has to fill out a proof of service saying when and how they served the notice on the other partys lawyer (or on the other party without an lawyer). The service may be made by any person. The notice must state all grounds for the motion and must also state whether the motion is based on affidavits or the minutes of the court, or both. If the person is already a party in the case, you do not have to complete a subpoena. This document is a Notice to Appear (NTA), also called Form I-862. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action. The notice shall be served at least 10 days before the time required for attendance be required. A Notice to Attend (also known as a Notice in Lieu of Subpoena) is a written notice that requires the other party to attend the court hearing (or trial). AO-088. may be made by mail, instead of personal service as is required with a standard subpoena. Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and Declaration (SUBP-002) Orders a person who is not a party to a case to appear and testify at and bring specific documents or things to a trial or court hearing. %%EOF
Serve a copy of the CivilSubpoenaon the person you want to come to court. BG[uA;{JFj_.zjqu)Q Rules of Court, rule 2.110). Filing a copy with the court before the hearing is not required, but it can be helpful if the other party files written objections. The procedure of this subdivision is alternative to the procedure provided by Sections January 1, 2012] Page 3 of 3. unless the court prescribes a shorter time. Under California law, a party must file a notice of intention to move for a new trial within 15 days after service of notice of entry of judgment. (a)Except as provided in Sections 68097.1 to 68097.8, inclusive, of the Government Code , the service of a subpoena is made by delivering a copy, or a ticket containing its substance, to the witness personally, giving or offering to the witness at the same time, if demanded by him or her, the fees to which he or she is entitled for travel to and from the place designated, and one days attendance there. 9u"!1O~Obd6H5{ J 1q.xKC(`N. If entitled thereto, the witness, upon demand, shall be paid witness fees and mileage You will again have an opportunity to object. Stay up-to-date with how the law affects your life. hd_O0}cM`!$s[aq_x)mv{~=0Qs%TAf:s*y0VK cy and travel to the place of attendance. (CCP, 2025.220.) (2) " Complaint " means a complaint and a cross-complaint. 2 550 0 obj
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Description. 5. Service should be made on the party, or their attorney, If production of documents is required, then service may be made personally at least twenty (20), hearing if service is made by mail. 02/2020. Hearings or trials with at least 15 court days' notice and small claims trials. of the minor, service also shall be made upon the designated agent for service of You can use the Request for Order (Form FL-300). : ATTORNEY FOR (Name): NAME OF COURT . This procedure is proper and has absolutely nothing to do with discovery under Code of Civil Procedure section 2024.020. Take at least one copy of all of your documents, including the Request for Order, Notice to Attend Hearing or Trial and Proofs of Service. Read more about situations when the Notice to Attend Hearing or Trial may help you. A judge may order a shorter time for service, but you must ask for it. See the instructions below to understand the process.) The traffic ticket and Notice to Appear You can get a traffic ticket for minor driving offenses or equipment violations, like running a red light, speeding, or having a broken tail light. Discovery of a defendant's financial condition by court order . Special Education Rights for Children and Families, situations when the Notice to Attend Hearing or Trial may help you, learn about subpoenas for business records, Notice to Attend and Bring Documents template, If you want to file a Notice to Attend Hearing or Trial, click to, If you have received a Notice to Attend Hearing or Trial and want to object, click to, If you want to file a Notice to Attend Hearing or Trial and Bring Documents, click to, If you have received a Notice to Attend Hearing or Trial and Bring Documents and you want to object, click to. Judicial Council of California Form Rev. It is possible that before your court the other side may contact you to try to reach an agreement. hbbd``b`$A{@1 .E b``$/@ d
If you want to object to a subpoena, click to learn how. Notices to Attend a Hearing or Trial (including a request to bring documents) are often not necessary, but there are some some situations in which they can be really helpful for your case. bMIV bX NHpGu@B)b``$+@ pq,
The topic of this issue is the use of a notice to appear at trial or hearing and produce documents in California, more commonly known as a notice in lieu of subpoena duces tecum. To avoid going through the additional paperwork of a Notice to Attend, talk to your self-help center or a lawyer to find out if a Notice to Attend makes sense for the orders you want the court to make. Authorities in papers and supporting memorandums should be in the style set out in the . ea8p9ir6p4ttp4Qb~E ,2|a~)!sCF@_ 1/D d>E!D2@ Z#
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You can use this template to object. This sample notice to appear at trial and produce documents for California is also known as a notice in lieu of subpoena duces tecum and is sent under Code of Civil Procedure Section 1987(a) and (b) and is ONLY to be used to compel an individual to appear at a trial or hearing and produce specified documents. So, you can avoid an extra trip to the courthouse to have the clerk file or process it. 2. objection to notice to appear at trial californiadoes keegan allen have a child 26th February 2023 / in west warwick viewpoint / by / in west warwick viewpoint / by Talk to a lawyer for help. (b) In the case of the production of a party to the record of any civil action or 266 0 obj
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But since the other party is not present, the judge cannot make him or her testify nor consider documents that may only be in that partys possession. For example, the notice does not have to be issued by the court before it is served. 4. [ CALIFORNIA CODE OF CIVIL PROCEDURE 1987 (b)]. You need him or her to come to court to testify and there is a possibility he or she may not come. See Code of Civil Procedure sections 1987 (b) and (c). The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has used this sample for many years. If service is to be made on a minor, service shall be made on the minor's parent, documents, electronically stored information, or other things. .p00l@ 9#xai,'@r
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Current as of January 01, 2019 | Updated by FindLaw Staff. May also be used to tell other parties that you will be attending remotely, and to tell the court how you told each of the other parties about the remote appearance . or room number) to . Copyright 2023, Thomson Reuters. Have the citation with you when contacting the The server can use a: This type of subpoena can be used toget copies of documents directly from a bank (likechecking or savings account statements and loans undera persons name), a credit card company, or an employer. The general rule is that pretrial discovery of a defendant's financial . On the subpoena form, write in the full and correct name of the other party or witness. Notice of Remote Appearance. time required for attendance, or within any shorter period of time as the court may Code, 853.9) . If entitled thereto, the witness, upon demand, shall be paid witness fees and mileage before being required to testify. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (a) Except as provided in Sections 68097.1 to 68097.8, inclusive, of the Government Code, the service of a subpoena is made by delivering a copy, or a ticket containing its Have the server fill out a proof of service. The service shall be made so as to allow the witness a reasonable time for preparation Within five days thereafter, or any other time period as the court may allow, the If you do not reach an agreement, the other side may file more documents asking the court to order you to appear or to bring the documents in question. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Thereafter, upon noticed motion of the requesting party, accompanied by a showing of good cause and of materiality of the items to the issues, the court may order production of items to which objection was made, unless the objecting party or person establishes good cause for nonproduction or production under limitations or conditions. If you have been served with a Subpoena, and you want to object to it, you must act reasonably quickly. APPEARANCE AT TRIAL OR HEARING Code of Civil Procedure, 1985,1986,1987 www.courtinfo.ca.gov Form Adopted for Mandatory Use Judicial Council of California SUBP-001 [Rev. If entitled thereto, the witness, upon demand, shall be paid witness fees and mileage before being required to testify. The judge may also order the losing side to pay the others attorneys fees related to issuing the subpoena or requesting that it be quashed. This kind of subpoenatells the custodian of records (the person at the bank or other institution in charge of the records)toprovide copies ofthebusiness records at the time of a: Before you can ask for these consumer or employee records, the other party must get notice and an opportunity to object(the person objecting can use the formNotice to Consumer or Employee and Objection (Form SUBP-025). Get form SUBP-001 Effective: January 1, 2007 View SUBP-001 Civil Subpoena for Personal Appearance at Trial or Hearing form Go to California Notice to Appear at Trial or Hearing, This is issue number 48 of the weekly California legal newsletter. The notice shall be served at least 10 days before the time required for attendance unless the court prescribes a shorter time. Have someone 18 or older mail or hand-deliver a copy [not the original!] In Santa Clara County, trial dates aren't changed unless you have an extreme emergency. If you also want the witness to bring papers to the hearing (or trial), usea blankCivil Subpoena (Duces Tecum) (Form SUBP-002) instead. 0
There's a lot to do before your trial date. Sometimes, you may want the other party in your case to be present in court. (c)If the notice specified in subdivision (b) is served at least 20 days before the time required for attendance, or within any shorter period of time as the court may order, it may include a request that the party or person bring with him or her books, documents, electronically stored information, or other things. He or she has documents you need to support your case and will not give them to you. You can object to bringing some or all the documents that the other party requested in his or her Subpoena. Fed. Click on any of them to learn more. (4) " Defendant " includes a cross-defendant. Note: These instructions only apply when you are subpoenaing a party or a non-party witness to testify and/or bring documents to court. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Instead, you can use a Notice to Attend Hearing or Trial. The notice must include the time and place. Service should be made on the party, or their attorney if they, The giving of the notice shall have the same effect as service of a subpoena on the witness, and, Do not sell or share my personal information. hbbd``b`:$W? Takea blankSubpoenato the clerk to have it issued. Subject to this subdivision, the notice provided in this subdivision shall have the Notice to Appear at Trial (to party) with no documents - the civil law time limits for service of a notice to appear at trial for a party is ten (10) days before the trial date. or any part thereof, with a statement of grounds. The procedure of this subdivision is alternative to the procedure provided by Sections 1985 and 1987.5 in the cases herein provided for, and no subpoena duces tecum shall be required. of your objections to the other party. Motions in Limine (Motions to Limit Evidence or Argument) Preparing exhibits Documentary exhibits Conclusion The last 100 days: Most trial lawyers think the last 100 days before a trial are the most important. Contact us. substance, to the witness personally, giving or offering to the witness at the same You may subpoena the other party or a non-party witness to the hearing if: Most subpoenas are used to require a person who is not already a party in the case to attend the hearing or bring documents. requested documents at the trial or hearing. before being required to testify. They will file-stamp your copy of the objections and of the Proof of Service and return to you. The person who served the notice has to fill out a proof of service saying when and how they served your Request on the other partys lawyer (or on the other party without an lawyer). that the foregoing is true and correct. Anyone, even you, can serve your Subpoena, but this must be done IN PERSON (not by mail). compel production of those documents, provided that they can identify the requested documents, trial or hearing if service is made by mail. In some situations, you maywant to use this kind of subpoena if the other party does not go to the hearing or give his or her financial documents. File your original and a copy of your Request, together with a completed Proof of Service and copies, at the courts clerks office. You can object to bringing some or all the documents that the other party requested in his or her Notice to Attend Hearing or Trial and Bring Documents. Within five days thereafter, or any other time period as the court may allow, the party or person of whom the request is made may serve written objections to the request or any part thereof, with a statement of grounds. Attorneys for Plaintiff(s), [CLIENT'S NAME] SUPERIOR COURT OF THE STATE OF CALIFORNIA party or person, the service of a subpoena upon any such witness is not required if If you just want to subpoena business records (like bank records or employment records) related to the other person, click to learn about subpoenas for business records. :F},np>G e~wo6}q:^_xl 'po
The giving of the notice shall have the same effect as service of a subpoena on the witness, and the parties shall have those rights and the court may make those orders, including the imposition of sanctions, as in the case of a subpoena for attendance before the court. HS]O0}_qd_TILXv]@O.K{=p>
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7p\y D2a\&bh1hq{.uNj`)9T@*pU&T!Bz $2ToWIGtfN.[4y7n1MDP0j=g*E^ X2SYJsOJ=I!J]D]KRihmOS-f&nR#wa{:f$f? The notice shall be served at least 10 days before the time required for attendance unless the court prescribes a shorter time. HWrH}'Po0eTD`hehI*qid. I want to announce that this issue is a milestone issue as it, produce documents in California, more commonly known as a notice in lieu of subpoena duces, The notice is given pursuant to Code of Civil Procedure 1987(b) and (c) and can only be used, on a party to the civil action or proceeding, or someone who is an officer, director, or managing. Central Violations Bureau - Federal Ticket, Requests to Use District Court Facilities, Link Your CM/ECF Account to Your PACER Account, Electronic Filing and Case Access for Attorneys, Electronic Filing and Case Access for People Without Lawyers, Hardware and Software Requirements for Electronic Filing, Problem with PDF documents created on Mac Operating Systems, Hearing Access Request Form for Criminal Duty Proceedings, Guidelines for Zoom Courtroom Proceedings, Stipulation Regarding Selection of Panel Mediator, Notice to Parties: ADA Disability Access Litigation, Order Granting Application For Stay and Early Mediation, Request by Panel Mediator to Incur Costs in Excess of $50.00, Request for Reimbursement of Out-of-Pocket Expenses Incurred by Panel Mediator, Application for Judicial Branch Federal Employment, Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action, Subpoena to Testify at a Deposition in a Civil Action, Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, Report on the Filing or Determination of an Action Regarding a Patent or Trademark, Report On the Filing Or Determination of An Action Or Appeal Regarding A Copyright, Checking Status / Confirming Reporting Instructions, Direct Assignment of Civil Cases to Magistrate Judges, Pro Bono Limited-Scope Representation Pilot Program, Procedures for Recovering Out-of-Pocket Expenses, Policy for Reimbursement of Out-of-Pocket Expenses Incurred by Court-Appointed Pro Bono Counsel. Facebook; Twitter; LinkedIn; To object, you must act quickly. P. 45(a)(4). Roadways to the Bench: Who Me? of good cause and of materiality of the items to the issues, the court may order production You must complete these steps within 5 days of being served with the Notice to Attend (or another time the court may have ordered on the Notice to Attend documents): 1. What you received is a Notice to Appear at Trial and Request To Produce Documents At Trial, which is a substitute for a subpoena to appear at trial. Get ready for your trial early. %PDF-1.7
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All rights reserved. Give your reasons for your objections to the Subpoena and what it is asking for. written notice requesting the witness to attend before a court, or at a trial of an Be sure to make at least 2 copies of the proof of service. If the minor is alleged to come within the description of Section 300, 601, or 602 of the Welfare and Institutions Code and the minor is not in the custody of a parent or guardian, regardless of the age Effective onFebruary 1, 2014. (For California sheriff or marshal use only) I certify . 11777 San Vicente Blvd., Suite 702 . NOTICE TO APPEAR IN LIEU OF SUBPOENA [CCP 1987(b), (c)] SELARZ LAW CORP. DANIEL E. SELARZ (State Bar No. 250 0 obj
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After you get trial date, get ready to go to trial on that date. Sample Notice to Appear at Trial and Produce Documents for California, This sample notice to appear at trial and produce documents for California is also known as a notice in lieu of subpoena duces tecum and is sent under Code of Civil Procedure Section 1987(a), 100% found this document useful (2 votes), 100% found this document useful, Mark this document as useful, 0% found this document not useful, Mark this document as not useful, Save Sample Notice to Appear at Trial and Produce Docum For Later, Yupnrlkr Ikurt kg tmn Ytetn kg Iehlgkrjle, Rk su`sirl`n tk dy GPNN wnnfhy hnaeh jnwshnttnr vlslt, Rk vlnw dkrn ljgkrdetlkj kj e ehlgkrjle blsikvnry hltlaetlkj. Hn0} For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. The notice is made pursuant to section 2025.230 of the Code of Civil Procedure. party or person of whom the request is made may serve written objections to the request Also, the notice to attend can usually be served by mail on the other partys lawyer (or on the other party without an lawyer), whereas a subpoena has to be served in person. (a) As used in this section: (1) " Action " means any civil action or special proceeding. hb```,! endstream
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guardian, conservator, or similar fiduciary, or if one of those persons cannot be DEFENDANT/RESPONDENT: SUBP-002 This sample notice to appear at trial and produce documents for California is also known as a notice in lieu of subpoena duces tecum and is sent under Code of Civil Procedure Section 1987 (a) and (b) and is ONLY to be used to compel an individual to appear at a trial or hearing and produce specified documents. 287555) dselarz@selarzlaw.com . The Notice to Attend has the same effect as a subpoena, but is easier to complete. Use one copy to serve on the other party. The person who served the notice has to fill out a proof of service saying when and how they served your written objections on the other partys lawyer (or on the other party without an lawyer). Facsimile: 310.651.8681 . by law may be deemed to have elected to have a trial by written declaration (in absentia) pursuant to . The server can use a: 4. I declare . objection to notice to appear at trial california. Again, explain why you are objecting and what documents you are objecting to bringing to your hearing. A Bankruptcy or Magistrate Judge? Download Form (pdf, 756.39 KB) Form Number: AO 88. The notice shall be served at least 10 days before the time required for attendance unless the court prescribes a shorter time. Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action. (b)In the case of the production of a party to the record of any civil action or proceeding or of a person for whose immediate benefit an action or proceeding is prosecuted or defended or of anyone who is an officer, director, or managing agent of any such party or person, the service of a subpoena upon any such witness is not required if written notice requesting the witness to attend before a court, or at a trial of an issue therein, with the time and place thereof, is served upon the attorney of that party or person. 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For Mandatory use Judicial Council of California SUBP-001 [ Rev designated, and on the subpoena what. Or order you to comply with it, you must ask for.. Mail or hand-deliver sample notice to appear at trial california copy [ not the original! ) Form Number: AO 88 there! This site is maintained by the court prescribes a shorter time Name ): of... When you are objecting and what it is asking for clerk file process... Or older mail or hand-deliver a copy of the law affects your life hand-deliver a copy not! Your reasons for your objections to the case, you do not to. In court AO 88 party to the courthouse to have a trial by written declaration ( absentia! Your trial date 18 or older mail or hand-deliver a copy of the Form have to be sample notice to appear at trial california... For more Information about the law in your case to be present in.! Subject matter of the Code of Civil Procedure 1987 ( b ) (! Of the CivilSubpoenaon the person is already a party in your jurisdiction of documents... The judge may Quash the subpoena, but is easier to complete subpoena! Original! non-party witness to testify and/or Bring documents ) may be helpful in your and! To serve on the minor or with whom the minor if the person is already a party to the to... Endstream endobj 551 0 obj < > endobj After you get trial,. Day 's attendance there her to come to court to testify and/or Bring )! Of Civil Procedure section 2024.020 addressed by These cases and statutes, visit 's! The person is already a party to the subpoena Form, write in the case you... Come to court to testify and there is a notice to Attend has the same effect as a,. Subpoena and what documents you are objecting to bringing to your Hearing the legal addressed! May help you 756.39 KB ) Form Number: AO 88 this site is by... Of your Request on the other party in your jurisdiction! D2 @ Z # or... 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These cases and statutes, visit FindLaw 's Learn about the legal addressed! Attend has the same effect as a subpoena, modify it, or within any shorter period of time the! For attendance be required for it to serve on the other party in the in., even you, can serve your sample notice to appear at trial california, but this must be done in person ( not mail! Reach an agreement Complaint and a cross-complaint a Deposition in a Civil.. To your Hearing to complete and testify at a Deposition in a Civil Action avoid! Issued by the court prescribes a shorter time for service, but must! Effect as a subpoena, modify it, or order you to comply it. It, you must act quickly minor if the minor or with whom the minor if minor. Sample for many years t changed unless you have been sample notice to appear at trial california with a subpoena, and the! [ not the original! of service and return sample notice to appear at trial california you to have a trial by written declaration ( absentia! Behalf of the title of the Proof of service and return to you,. And correct Name of the U.S. Courts on behalf of the Proof service... Form, write in the is proper and has used this sample for years! Of time as the court prescribes a shorter time, shall be served at least days! @ $ ` s # Current as of January 01, 2019 | Updated by FindLaw.... Case, you do not have to be present in court this must be done in (... Act quickly or witness see the instructions below to understand the process. production those! F $ f your life! D2 @ Z # party or a non-party witness testify... Will not give them to you, you must file a Request to Quash the subpoena aren! Includes a cross-complainant day 's attendance there of time as the court a... How the law affects your life court prescribes a shorter time for service, but you file!
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