Civil Litigation,
Appellate Practice
Jun. 24, 2019
Ruling illuminates procedure unique to limited civil cases
Limited civil cases have special procedural rules, under the rubric “Economic Litigation.” One of these, at Section 98, allows a party to use an affidavit in lieu of live testimony at trial, if it identifies a location within 150 miles of the place of trial where “the affiant is available for service of process” during the 20 days before trial. But what does “available for service of process” mean in this context?
Charles M. Kagay
Of Counsel
Complex Appellate Litigation Group LLP
Appellate Law (Certified)
96 Jessie Street
San Francisco , CA 94105
Phone: (415) 649-6700
Fax: (415) 362-1431
Email: charles.kagay@calg.com
Harvard Law School
Charles has decades of experience handling appeals that involve complex or novel legal questions and is certified by the State Bar as a California appellate specialist. Find out more about Charles and the Complex Appellate Litigation Group LLP at www.calg.com. Appellate Zealots is a monthly column on recent appellate decisions and appellate issues written by the attorneys of the Complex Appellate Litigation Group LLP.
APPELLATE ZEALOTS
According to Archimedes, the shortest distance between two points is always a straight line. Archimedes was well schooled in geometry but not in California appellate procedure.
Limited civil cases -- mostly suits in which plaintiff seeks money damages of $25,000 or less, Code Civ. Proc., Section 85 -- stay largely below the appellate radar. Appeal by right lies only to the superior court's appellate ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In