CALIFORNIA CODE
OF CIVIL PROCEDURE, Part I

CODE OF CIVIL PROCEDURE

An appeal from a judgment freeing a minor or denying a recommendation to free a minor takes precedence over other appeals.
Court reporters will be given extensions to prepare the transcript only under exceptional circumstances to minimize the trauma to the parties.

Every county has an appellate division of the superior court, which has at least three judges.
The concurrence of two judges is required to render a decision.
The appellate division handles appeals from the municipal and justice courts.

Municipal and justice courts have original jurisdiction over proceedings where the amount in controversy is $25,000 or less, except certain tax cases involving unlawful detainer where damages are less than $25,000 to issue restraining orders and preliminary injunctions involving the determination of title to personal property valued at $25,000 or less

The small claims divisions of the municipal and justice courts have been established to provide a forum to resolve minor civil disputes.

There is a small claims division in each justice court and each municipal court.
Its jurisdiction is for cases not exceeding $5000.

No attorney may take part in a small claims action except if the attorney is defending himself if the attorney is defending a partnership in which he a partner and all other partners are also attorneys if the attorney is defending a professional corporation of which is he an officer and all other officers are also attorneys

An attorney may provide advice to a party in a small claims action testify to facts of which he has personal knowledge represent a party in an appeal to the superior court represent a party seeking to have a judgment enforced

The plaintiff in a small claims actions cannot appeal a judgment.
The defendant can appeal.
If the defendant makes a cross-claim and prevails on it, the plaintiff can appeal.
A defendant who fails to show at the hearing cannot appeal the judgment, but he can file a motion to vacate the judgment.

The courts are closed on judicial holidays except when giving instructions to an alreadydeliberating jury to receive a verdict or to discharge a jury to conduct arraignments

All federal holidays are judicial holidays.
Admission Day (September 9) and Cesar
Chavez Day (March 31) are not judicial holidays.
The president can designate a day a judicial holiday, but a governor cannot.

1. The jurisdiction of the municipal court is
A.
$10,000 and less
B.
$15,000 and less
C.
$25,000 and less
D.
$50,000 and less
Answer: C

2. The appellate department of the superior court has jurisdiction over appeals from
A.
the district court
B.
the municipal court
C.
the superior court
D.
the circuit court
Answer: B

3. Civil actions in which the demand amounts to less than $25,000 would be heard in
A.
superior court
B.
district court
C.
municipal court
D.
circuit court
Answer: C

4. In the appellate department of the superior court a decision must be rendered by the concurrence of
A.
two judges
B.
three judges
C.
four judges
D.
five judges
Answer: A

5. An appellate department of the superior court
A.
has at least three judges
B.
must have a judge from another county
C.
can operate with only one judge for appeals from the municipal court
D.
does not operate in counties with a population of less than 500,000
Answer: A

6. Appeals from municipal court would go to
A.
district court
B.
justice court
C.
appellate department of circuit court
D.
appellate department of superior court
Answer: D

7. In a small claims appeal
A.
the plaintiff can appeal if the demand is under $2500
B.
a defendant who did not appear can appeal
C.
a defendant who did not appear is prohibited from filing a motion to vacate the judgment
D.
the defendant may appeal a judgment to the superior court
Answer: D

8. In small claims an attorney may represent a partnership if he is a partner and
A.
if all other partners are attorneys
B.
if the partnership was formed before
January 1, 1982
C.
if his interest in the partnership is the greatest percentage
D.
if it is a limited partnership
Answer: A

9. There is a small claims division in
A.
municipal courts only
B.
justice courts only
C.
municipal and justice courts
D.
municipal and superior courts
Answer: C

10.In small claims court, an attorney may represent
A.
an individual plaintiff
B.
an individual defendant
C.
himself
D.
a corporate litigant
Answer: C

1. The municipal court may issue a restraining order to protect the rights of a party to an actions of which the court has jurisdiction.
True

2. Even though an action of unlawful detained involves more than $25,000, the proper jurisdiction is the municipal court.
False

3. There is an appellate department of superior court in every county.
True

4. All unlawful detainer actions must be heard in the municipal court.
False

5. A reporter may have an extension of time to prepare the transcript when there is an appeal from a judgment freeing a minor who is a dependent child of the juvenile court from parental custody.
False

6. All equity matters must be tried in
Superior Court.
False

7. Small claims court will usually have jurisdiction if the demand does not exceed $5000.
True

8. An attorney may not give advice to a party in a small claims action.
False

9. The court may receive a verdict or discharge a jury on a judicial holiday.
True

10.An attorney may not provide advice to a party in a small claims action after the commencement of the action.
False

11.If all officers and directors of a professional corporation are attorneys, one of the attorneys may represent the corporation in a small claims action.
True

12.The plaintiff in a small claims action shall have no right to appeal the judgment on the plaintiff’s case.
True

13.A defendant who did not appear at a small claims hearing may file a motion to vacate the judgment.
True

CODE OF CIVIL PROCEDURE

The jurors’ names, addresses, and phone numbers will be sealed once a jury has brought in a verdict in a criminal case.
A court employee who discloses sealed juror information is guilty of a misdemeanor.
Any person who solicits another to disclose such information is also guilty of a misdemeanor.

The official reporter shall take down all court proceedings requested.
The reporter shall transcribe the testimony within a reasonable time, certify the transcript, and file it with the clerk of the court.
A trial ending in a felony conviction shall be immediately transcribed, unless the court determines that no appeal is likely.

The original transcript must be on paper.
Any court, party, or person may request a transcript.
A copy ordered within 120 days of delivery will be delivered in computer-readable form
(ASCII code) if the proceedings were produced using CAT equipment.
The disk will be labeled with the case name, court number, date(s) included, and page and volume number.
The disk(s) must have identical pagination and line numbering as the original paper transcript and be sequentially numbered.

The official transcript is prima facie evidence of the proceedings.
A rough draft cannot be certified, used, or cited as the official certified transcript.
A rough draft cannot be used to rebut or to contradict the official certified transcript.
It is not required to produce a rough draft.

Superior court judges may order any opinion given or testimony reported and transcribed by an official reporter.
If an official reporter is not available, then it may be taken by any competent stenographer.

The court may order a criminal action be taken down by an official reporter and transcribed.
Any party or the court may request a civil case be reported and transcribed.
The transcript will be filed with the clerk of the court if the court orders.

The complaining party is known as the plaintiff.
The adverse party is known as the defendant.
The court has to listen to them both.

1. The official reporter files the transcript with
A.
the judge
B.
the attorney for the defendant
C.
the clerk of the court
D.
the attorney for the plaintiff
Answer: C

2. The official reporter of a superior court must
A.
file all transcripts within 30 days
B.
file criminal transcripts within 10 days
C.
certify that his transcript has been correctly reported
D.
file criminal transcripts with the district attorney
Answer: C

3. The certified report of an official superior court reporter
A.
is prima facie evidence of proceedings
B.
can only be obtained by court order
C.
must be filed with the appellate department of the superior court
D.
must be filed in no less than 10 days
Answer: A

4. A municipal court reporter shall report civil proceedings
A.
always
B.
only when both parties request it
C.
if requested by plaintiff or defendant
D.
when the demand is over $25,000
Answer: C

5. The transcription of insanity proceedings
A.
need never be reported
B.
are always filed with the presiding judge
C.
may be ordered by a superior court judge
D.
must be filed in not less than 5 or more than 20 days
Answer: C

6. A superior court reporter would NOT transcribe the record of
A.
arraignments
B.
oral jury instructions
C.
preliminary felony hearings
D.
court rulings
Answer: C

7. Names of qualified jurors are
A.
usually available to the public
B.
never released to the public
C.
released at the clerk’s discretion
Answer: A

8. Upon recording a jury verdict in a criminal proceeding,
A.
personal information regarding jurors shall be sealed
B.
personal information regarding jurors need not be sealed if the verdict is not guilty
C.
the reporter’s notes on the impanelment must be given to the clerk
Answer: A

9. A reporter who discloses personal jury information
A.
may be so when requested by the defendant
B.
may be guilty of a felony
C.
may be guilty of a misdemeanor
Answer: C

10.An original transcript
A.
shall be on paper
B.
must accompany every ASCII disk
C.
is not necessary if an ASCII is ordered
Answer: A

11.Delivery of a transcript may be in computer-readable form, but
A.
the court must so order
B.
an original transcript shall be on paper
C.
must always be in ASCII format
Answer: B

12.In order to receive delivery of a transcript in computer-readable form, the ordering party should make the request within how many days of the filing or delivery of the transcript
A.
30
B.
90
C.
120
Answer: C

13.The Advisory Committee on audio and video recording in the courtroom shall report its findings to
A.
the Governor
B.
the Legislature
C.
the Judicial Council
Answer: B

14.The audio or video demonstration transcripts may not be used
A.
before January 1, 1994
B.
in cases heard by a commissioner
C.
in criminal cases
Answer: C

1. Municipal court reporters shall report all misdemeanors.
False

2. The number of superior court departments where video or audio demonstrations may take place is limited.
True

3. The complaining party is known as the defendant.
False

4. Names of qualified jurors are generally available to the public.
True

5. Only the first disk in a case must have the volume divisions identical to the certified original paper transcript.
False

6. The official reporter of a superior court does not have to report arraignments unless requested by the defendant.
False

7. Production of a rough draft transcript is now required of official reporters in criminal court.
False

8. A rough draft transcript cannot be cited as the official transcript.
True

9. If there is no official reporter in a court where custody of minor children is involved, any competent stenographer may take down the proceedings.
True

10.After a defendant is convicted on a felony, the reporter would not immediately prepare a transcript if the court determines an appeal is unlikely.
True

1. A certified correct transcript of the testimony and proceedings in a case is __________ __________ evidence of such testimony and proceedings.
prima facie

2. In any case where a defendant is convicted of a __________, the record on appeal is usually prepared immediately after the finding of guilt is announced.
felony

3. Unless otherwise agreed to, a computer-readable disk shall be in
__________ __________.
ASCII code

4. Each disk produced by the court reporter shall contain the same pagination as the certified
__________ __________ __________.
original paper transcript

CODE OF CIVIL PROCEDURE

The pleadings allowed in civil actions are complaints demurrers answers cross-complaints

After the jury has been impaneled, the case proceeds in the following order:
1.
The plaintiff states his case.
2.
The defendant may state his case (or wait until after the plaintiff has produced all his evidence.
3.
The plaintiff produces his evidence.
4.
The defendant may state his case, if he has not done so yet.

5.
The defendant produces his evidence.
6.
The parties may offer rebuttal evidence.
7.
After all the evidence has been produced, the plaintiff presents his argument.
8.
The defendant presents his argument.
9.
The court charges the jury.
If there is more than one defendant, the court determines the order in which they appear.

Counsel for the parties must deliver to the judge before the jury is sworn and to the opposing side all proposed jury instructions.
More instructions may be delivered before the start of argument.
The court decides whether to give, refuse, or modify the instructions and will inform counsel.

The jury may request further instructions of the judge after the start of deliberations.
The additional instructions must be given in the presence of the parties or their counsel.

The judge does not need to be present when testimony is being read to the jury during deliberations.

At least three-fourths of the jury must agree upon a verdict.
The verdict will be read by the clerk.
It must be in writing and signed by the foreman.
Either party may request polling of the jury.
If more than one-fourth of the jury disagree, they must be sent out again to deliberate.

The court may order a view of the property which is in dispute the place where an event occurred any object, demonstration, or experiment that cannot be viewed in the courtroom
All court officers and jury will go to the place where the viewing will be had.
Witnesses may testify, and the proceedings will be reported.

All pleadings, orders, depositions, and other evidence pertaining to the case may be used at a hearing.
A certified transcript may also be used at any hearing regarding the case.
If there is no certified transcript, the reporter must attend the hearing with his notes and read them as ordered.

A motion for a new trial takes precedence over all matters, except criminal cases, probate matters, and cases under way.
The court can only rule on a motion for a new trial within 60 days after the judgment has been entered or within
60 days after notice of intention to move for a new trial has been filed.

The clerk must enter the judgment within 24 hours after the jury’s verdict has been rendered, unless the court orders the case to be considered further.
If the trier of fact is the court, the judgment must be entered immediately by the clerk.
No judgment is effective until it has been entered.

If service of process of a legal document is done by mail, service is complete when the document has been sent to the person’s residence or last known place of employment.
Time limits for responding are extended by 5 days if the address is in California, 10 days for the rest of the USA, and 20 days for international addresses when service is by mail.

1. A. the jury instructions
B. closing argument by counsel for defendant
Answer: B

2. A. direct examination of defendant’s first witness
B. cross-examination of plaintiff’s second witness
Answer: B

3. A. opening statement by plaintiff’s attorney
B. opening statement by defendant’s attorney
Answer: A

4. A. opening statement by plaintiff’s attorney
B. direct examination of plaintiff’s first witness
Answer: A

5. A. cross-examination of defendant’s first witness
B. redirect examination or plaintiff’s first witness
Answer: B

6. A. direct examination of plaintiff’s first witness in rebuttal
B. direct examination of defendant’s third witness
Answer: B

7. A. closing argument by counsel for defendant
B. rebuttal examination by counsel for plaintiff
Answer: B

8. A. voir dire examination of jury
B. opening statement by plaintiff’s attorney
Answer: A

9. A. further redirect examination of defendant’s first witness
B. recross-examination of defendant’s first witness
Answer: B

10.A. defendant’s production of evidence
B. rebutting evidence by plaintiff
Answer: A

1. If there are several defendants in a civil case, the relative order in evidence and argument is determined
A.
alphabetically
B.
according to degree of liability
C.
by the court
D.
on a first-come, first-up bases
Answer: C

2. The privilege of concluding the argument belongs to
A.
the plaintiff
B.
the defendant
C.
the side with the preponderance of evidence
D.
the court
Answer: A

3. In a civil action a verdict must be agreed upon by
A.
10 jurors
B.
all jurors
C.
2/3 of the jurors
D.
3/4 of the jurors
Answer: D

4. Polling of the jury is done
A.
only by the defense counsel
B.
only by the plaintiff’s counsel
C.
by counsel for either plaintiff or defendant
D.
by the court
Answer: D

5. Polling of the jury is usually upon
A.
stipulation of counsel
B.
stipulation of both counsel and court order
C.
demand from counsel for plaintiff or defendant
D.
an order from the appellate court
Answer: C

6. If more than one-fourth of the jurors disagree with the verdict when they are polled,
A.
they are sent out again
B.
the case is immediately set for a new trial
C.
the judge renders a verdict for the plaintiff
D.
summary judgment for the defense is entered
Answer: A

7. A verdict
A.
must be in writing
B.
may only be read by the clerk
C.
may be oral and stated by the foreman
D.
may only be read by the court
Answer: A

8. A motion for judgment notwithstanding the verdict
A.
alone will not delay entering judgment
B.
must be denied by the court
C.
will be an automatic delay in entering judgment
D.
must be concurred in by three-fourths of the jury
Answer: A

9. Judgment is entered by the
A.
bailiff
B.
judge
C.
reporter
D.
clerk
Answer: D

10.The court may find that viewing the place where any relevant event occurred would be proper
A.
or may order viewing property which is the subject of litigation
B.
but cannot have testimony taken outside the court
C.
and such proceedings need not be reported
Answer: A

11.An allegation by the defendant that the facts alleged in the Complaint are insufficient to proceed is a
A.
demurrer
B.
complaint
C.
cross-complaint
Answer: A

12.Preparing proposed jury instructions, before the first witness is sworn, is the duty of the
A.
clerk
B.
judge
C.
attorneys
D.
reporter
Answer: C

13.The verdict is usually read to the jury by the
A.
reporter
B.
foreman
C.
court
D.
clerk
Answer: D

14.On a verdict
A.
it must be unanimous
B.
two-thirds must agree
C.
three-fourths must agree
Answer: C

1. In no case is a judgment effectual for any purpose until entered.
True

2. Polling of the jury takes place immediately before the plaintiff states his case.
False

3. If the reporter is to read back to the jury, counsel must be present.
False

4. If there is a disagreement among jurors as to the testimony, the reporter must immediately prepare a transcript for the court to give to the jury.
False

5. The judge must be present when the reporter reads back to a jury that is in disagreement over the testimony.
False

6. The court may only give the instructions submitted by counsel.
False

7. Only the original of a notice served under Section 1013 need have a notation of the date and place of mailing.
False