Category Archives: Federal Practice

Is there a federal equivalent to the CCP 998 Offer in Compromise?

Sort of. There is a similar mechanism under Rule 68 of the Federal Rules of Civil Procedure, called a statutory offer of judgment, but unlike California law only defendants can utilize it. If a plaintiff turns down defendant’s Rule 68 offer … Continue reading

What exactly is the “discovery cutoff date”?

Magistrate Judges in federal court usually issue the scheduling orders, which inform the litigants of discovery deadlines, pretrial motion deadlines, settlement conference date, pretrial conference date, and trial date. Some scheduling orders are more detailed than others. Nearly all of … Continue reading

You have a lot less time to respond to summary judgment motions in federal court than in California state court.

Lawyers accustomed to practicing in Superior Court get a generous amount of time to prepare oppositions to summary judgment or adjudication motions. They’re in for a surprise in federal court. In California state court, a motion for summary judgment or … Continue reading

Serving Deposition Subpoenas with Document Requests On Non-parties in Federal Court vs. California state court

In both California state court cases and federal cases, a non-party must be personally served with a subpoena to secure his or her attendance and production of documents at a deposition. In California state cases, you simply personally serve the … Continue reading

What’s a Docket Control Number?

Before I began working on a massive bankruptcy litigation in the Eastern District of California, I’d never heard of the term “Docket Control Number.” The Bankruptcy Court for the Eastern District of California appears to be the only federal court … Continue reading

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