at 11:00 a.m., at least 17 days before trial) Event 1. California Code of Civil Procedure Sec. Also think about who is likely to be on your jury and how they will feel about your case. . In the 180 Days Before Trial; OnLAW CP96130. Employment Disputes & Wrongful Termination, Defamation (Libel, Slander, False Light, Invasion of Privacy), Review all depositions, interrogatories and case documents/evidence, Follow up on nonresponsive discovery and new areas to obtain information, Propound pretrial discovery to ensure answers havent changed and to obtain updated information, Research and investigate all potential areas of expert testimony anticipated, Determine areas of expert testimony needed and prepare to meet opposing expert contentions, Analyze and identify key trial issues and motions in limine to narrow trial issues, preclude improper evidence, ensure critical evidence is allowed, Consider (or prepare to defend) Motion for Summary Judgment or Summary Adjudication, Identify and analyze trial presentation and technology needs in trial, Pull together and prepare key evidence to present at trial, Start thinking about demonstrative evidence and illustrative charts and graphs, Make sure witnesses will be available to testify at trial (government witnesses, out of area witnesses, elderly witnesses). Talk to a lawyer about what kind of trial is best for your situation. A court trial, also called a bench trial, means that the judge alone makes the decision on your case. At your eviction trial, the judge will hear from both sides and decide if your tenant has to move out and pay you money, if you asked for it in your Complaint . we provide special support App. [CCP 2024.020] Practical Last Day to Serve Discovery (and be able to make a motion on it) - 90 - 100 days before trial. This post was contributed by a community member. (See rule 3.725 of the California Rules of Court.). Is there overnight delivery available in the event something needs to be expedited to the trial team? The views expressed in this post are the author's own. If you can reach a resolution at the conference, there is no trial. Is it your own equipment or rental equipment? Do you need a war room at the hotel or at the local court reporters office? Here are a few things to keep in mind when preparing for trial: The Trial Preparation Checklist The purpose of the checklist is to ensure that all critical elements of trial preparation are addressed (depositions, witnesses, subpoenas, charts, photos, evidentiary issues, liability, damages, jury instructions, etc.). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=2034.220. Prepare for the unexpected and be ready to adapt to changes in trial. Start your final trial preparation at least 100 days before trial. Go to Michaels, Walmart, Amazon for possible demonstratives. (30 KB) (prepared by the Superior Court of California, County of Butte), How Do I Prepare for My Hearing? For terms and use, please refer to our Terms and Conditions Eat & Learn: 100 Days Before Trial A Checklist of How to Plan and Prepare for a Family Law Trial Reggie Jamir, Neighbor Posted Fri, Oct 8, 2010 at 10:21 pm PT David Shebby and Elizabeth. It covers the trends, people and finances of the legal profession from Wall Street to Main Street to Pennsylvania Avenue. But if you need one for your case, be ready to tell the other side the names, addresses, and phone numbers of any experts who will be testifying for your side and their areas of expertise. Whether youre relatively new to trial work or have years of experience, here are some of the top tips for ensuring that your team has the very best shot at success: One of the most harrowing things about trial preparation is keeping track of all the deadlines. Deposition Notice - Defendant may serve any time. If you dont already have one, its a good idea to pick up a 100 days to trial resource like this one published by the Superior Court of California. Most judges are very good at understanding complicated problems. If you have a type of case that a jury can decide, you still may want to have a judge decide the case instead of a jury. Earl Johnson Jr. (Author) Publisher: Matthew Bender Elite Products Select a format Print Book:8 Volumes, Loose-leaf ISBN: 9780820511146 In Stock Price $4,934.00 QTY Add to Cart The views expressed here are the author's own. Otherwise, please contact an attorney from our law office in Irvine, California, to learn about our legal services. Trial Briefs 22. BUT, please be advised that this is NOT a substitute for homework, AND YOU MAY NOT RELY on these dates as the last word on civil procedure deadlines. FOR COURT USE ONLY. Prepare Witness Lists and Subpoenas 60 days before trial date, with filing of subpoenas depending on local rule and case strategy. If you have time, it can also be useful to have a member of your team sit through a couple of trials presided over by your trial judge. Brown & Charbonneau, LLP. Also available in Spanish (27 KB). App.3d 1309, 1313. How close are the accommodations to the courthouse? trial court, within 10 days . This should be a by-product of your SWOT case analysis and should be done early (and ongoing), rather than something developed late in the case. Including video recording/review and/or focus group feedback on: medication (that team members may forget to bring), Assume that someone is watching them to/from the courthouse and the entire time they are in the courthouse, Do not speak about the case in public where a juror or member of the defense might hear, Do not swear, glare, or react to testimony or rulings inside or outside courtroom. (EDCR 7.27.) We will always provide free access to the current law. Dates change, or may vary from local rule to local rule, so please make sure to make sure. In addition, Source Click for help finding a lawyer. B E R K E S L A W Interstate Mail. In a document-intensive case, for example, you might prepare document binders that are tabbed and organized by topic, originator, or date. Of course, you also need to consult your states rules of procedure, local rules, and any standing trial orders issued by your judge. Cell Phone: Basics; Cases for $10,000 or . A unique practice tool for civil practitioners, providing substantive and procedural guidance to the evidentiary issues encountered throughout the trial process. for trial, this article presents a checklist beginning 100 days before trial for a personal injury lawsuit. Jurors can get bored or frustrated with cases that are technical or complicated, or when they see a party unprepared. Begin to focus all your attention on getting ready for trial at least 100 days before the trial. Manner of Service: Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed. CCP 1005(c)], CCP 1013: The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States., Breach of Contract (Written) 4 years [CCP 337], Breach of Contract (Oral) 2 years [CCP 339]. After you've gotten a letter from the court in the mail with your trial date it's time to get ready for court. What is her general demeanor toward attorneys? Trial Preparation Brochure Intake (Rev. Instructions on How to Use the Attached Form to Prepare for Your Trial (50 KB) (prepared by Neighborhood Legal Services of Los Angeles) entrepreneurship, were lowering the cost of legal services and Deposition Notice - Defendant may serve any time. You can file a joint statement with the other party or parties in the case if you choose. A jury trial means that a jury of your peers will decide the case. (92 KB) (Prepared by the San Francisco ACCESS Center) The settlement conference judge is a different person than the one who will serve as the trial judge. NOTE: Expert witnesses generally charge for their time, and it can get very expensive. 2443 Fair Oaks Blvd. This experience is so important when deciding whether to request a jury trial. If you ask for a jury trial, you must pay the jury fees. Sacramento, CA 95825, 4600 Northgate Blvd. Required fields are marked *. Join thousands of people who receive monthly site updates. Plaintiff must wait 20 days after service of summons and complaint to serve. If you do not deposit the money in time, you may give up your right to a jury trial. Also available in Spanish and Russian. There may be no more stressful time in the legal profession than in the last few weeks leading up to trial. Are your vendors willing to be on call for the duration of the trial? If the party is served by mail at an address that is located outside the State of California, the deadline for any response to the document is extended by 10 days . 33. International Mail. Pre-litigation concept groups to explore general attitudes and beliefs that may apply to your case. Last Day to Hear Discovery Motions - 15 days before trial. Section Co-chairs: Jon Summers, Esq., & Marci Levine, Esq. Anticipate legal issues and evidentiary issues and brief them. Trials are very stressful events. CRC 3.722(b). $ 99.00. 2023 Lawyer Minds | All Rights Reserved |, How to Tackle Client Intake Issues Before You Lose Cases, Case Autopsy Podcast #16 Diving Deep w/ Nolan Drafahl [Part 2], Lawyer Minds Podcast #30 Lisa Blue Baron Introduces Her New Book and Podcast, Lawyer Minds Podcast #29 - Continuing the Fight for the Sutherland Springs Victims w/ Jamal Alsaffar, Case Autopsy Podcast #15 Diving Deep w/ Nolan Drafahl [Part 1], Lawyer Minds Podcast #28 PEOPIL and Trial Law in Europe w/ Ana Romero, Using the jury instructions/law for your case list the legal proof required for your claim(s), Chart how your proof meets each element required, including, Strengths, Weaknesses, Opportunities, Threats. If you would like to copy this information, please request permission. Eviction - Your Trial Day (465 KB) (prepared by Neighborhood Legal Services of Los Angeles) If the party was served by mail, the deadline for any response to the document is extended by 5 days . 32. Counsel are to email the . Comment document.getElementById("comment").setAttribute( "id", "219a47c62fdb9c8585ae4f231df262a3" );document.getElementById("a346c2802a").setAttribute( "id", "comment" ); Save my name, email, and website in this browser for the next time I comment. Read rule 3.1380 of the California Rules of Court to see what must be included in the settlement conference statement. Depending on the type of case, your team might be presenting documents, photographs, or even physical objects. Vendors?) Preparing for Your Court Trial [Criminal Court] (8 KB) (prepared by the Superior Court of California, County of Yolo) Some types of disputes cannot be decided by a jury. It is not intended to constitute advice for any given trial. Although I have tried my share of cases, most litigators are proceduralists, and this book is a solid guide through the pretrial process." William N. Hebert, Calvo Fisher & Jacob LLP San Francisco. Pre-deposition groups to explore rules, history, and timelines that jurors may need to know. All items should be calendared and sufficient time allotted to obtain the winning edge. Other witnesses: You have to tell your witnesses about the trial date and make sure they are ready to come to court. 09/2014) (Prepared by the Superior Court of California, County of San Diego), Self-Represented Litigant Trial Readiness Resource List (Rev. 4th 1513 (1995). [ CCP 2025.210] Also available in Spanish, Chinese, Vietnamese, Russian, and Tagalog. Want to post on Patch? https://california.public.law/codes/ca_civ_proc_code_section_2034.220. David Shebby and Elizabeth Potter Scully will provide a checklist and tips for managing a family law case with a trial date rapidly approaching. CENTRAL DISTRICT OF CALIFORNIA , Plaintiff(s), v. , Defendant(s). Please log in again. Clients? The following is a list of things that should be considered for inclusion on your checklist for the last 30 days before trial, recognizing again that we cannot control what deadlines the court imposes and that each case is different. b This a technique used and recommended by Mark Lanier. Los Angeles, CA 90036, Telephone: Rules of Court, rules 4.119 and 4.230 . Of course, you also need to consult your state's rules of procedure, local rules, and any standing trial orders issued by your judge. Expert witnesses: You do not need an expert witness for every case. Be prepared for possible FRCP 32 rule of completeness objections, get agreement as part of pre-trial order if possible. A temporary judge usually conducts the settlement conference. (50 KB) (prepared by Neighborhood Legal Services of Los Angeles) Can you arrange for an Instacart or grocery delivery to the hotel for items such as bottled water, non-perishable snacks, fruit, etc.? Often, the mandatory settlement conference is a few days to 2 weeks before your trial. CRC Rule 8.60(a) 2 : . What Can I Say When I Am Showing the Judge My Photos of the Bad Conditions? 1 CCP computation rules also apply to the California Rules of Court Chapter 8 (Appellate Rules). This deadline must be at least 150 days before the trial ready date, but should be no more than 9 months after the date the proposed scheduling order and discovery plan is filed in the court's CM/ECF system. Jury trials can be good if you have a case about things that people can identify with, and if you have a lawyer to present the case. 6, 2016). This is particularly true when your team is litigating a case far from home. Once again, please be advised that this page is not legal advice, nor is it intended as such, and there is no guarantee that this information is up to date. Plaintiff must wait 20 days after service of Summons and Complaint to serve. Lawyers who practice in a specific geographical area have experience with juries and the attitudes many jurors bring to court. use local company and transport to trial? Dont set yourself up for surprises DO A PRACTICE RUN BEFORE THE START OF TRIAL. Even if the judge does not require a trial memo, it might be a good idea to submit one. Wage Garnishment / Earnings Withholding for Employers, California Code of Civil Procedure section 631 to 636, California Code of Civil Procedure sections 631 to 636. A party shall make this demand no later than the 10th day after the initial trial date has been set, or 70 days before that trial date, whichever is closer to the trial date. You must be prepared to show the court both that you cannot afford the jury fees AND that a jury trial is necessary for your rights to be protected. The attorneys are going to be too worried about substantive projects such as opening statements and witness preparation. Motions in Limine - Must be filed & served 10 days before trial. Also available in Spanish. Sign up for our monthly newsletter for legal updates, information about our services, tools and tips for your case, and more. Does the person who will be using it have experience doing so? Well prior to the trial date, youll want to familiarize yourself with the local rules, local-local rules, and any standing orders from your trial judge regarding procedure, deadlines, court demeanor, etc. This statement has to be served on every party in the case. NORTHERN DISTRICT OF CALIFORNIA UNITED STATES, Plaintiff, v. Defendant(s). Hello Counsellor: Here is a handy guide for quickly reminding yourself about those pesky deadlines that are forever haunting the solo practitioner. 3/2014) (Prepared by the Superior Court of California, County of El Dorado), How Do I Prepare for My Hearing? for non-profit, educational, and government users. Your email address will not be published. Case No. The ABA Journal is read by half of the nations 1 million lawyers every month. Like discovery, motions and orders for motions can be used in trial. In light of all this, some pretty awful things can happen in the days leading up to trial. At the end of the day, whats going to matter most when youre actually in trial are the presentations given by the attorneys and witnesses. If you need legal advice, you should contact a lawyer. (Friday at 11:00 a.m., at least 17 days before trial) Event 1 Note: Hearings shall be on Fridays at 10:00 a.m. Other dates can be any day of the week. Depositions Service of Deposition Notice - A Party Defendant may be served at any time. All Rights Reserved. increasing citizen access. Deposition Video Edits 60 days before trial date, more or less depending on local rule. When you get your trial date, you will probably also get a date for a mandatory settlement conference. Deciding between a jury trial or court trial [Source: CCP 412.20]. ABA Journal Your email address will not be published. With nearly 400,000 members, the ABA provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public. Ct. (1989) 211 Cal. Defendant Time Limit to File Answer or Demurrer 30 days from date complaint was served. Register for a user account. The statute does not accrue, or start running, until the discovery, by the aggrieved party, of the facts constituting the fraud. When discovery occurs is generally question of fact. In movies and on television, the attorneys get all the glory when it comes to handling a trial. . Did you see her get irritated at any point? You have to think about jury instructions, motions in limine, trial briefs, expert reports, voir dire, and about a million other things. (last accessed Jun. To find out about how lawyers typically prepare for trial, please read the information below. 7. #379 Location: This page is not legal advice, and there is no guarantee that this information is up to date. What are the likely legal issues re: conduct of opposing counsel during trial that may arise. LSS Membership Application and Renewal Form, California Federal Bankruptcy Court Updates, California Federal District Court Updates, Where Did Our Bankruptcy Laws Come From? Confirmation bias tends to make us discount the possible defenses and believe our own witnesses, experts, documents, and theories are stronger than others may believe them to be. This list is a LIFESAVER! Is there a company near the trial location in the event of additional needs or damage to originals? TRIAL LENGTH is estimated to be days. Section 2034.220, 2034.220 Any party may make a demand for an exchange of information concerning expert trial witnesses without leave of court. As a case approaches trial, there are many details that need to be addressed. What Can I Say When I Am Showing the Judge My Photos of the Bad Conditions? eFiling exhibits and best practices for your court>>, understand the group dynamics that may arise within your trial team, Important things to Know when eFiling in Texas, Texas eFiling could save 24 Million pages of paper in 2014, 25 Twitter accounts all legal professionals should be following [updated]. Personal Injury 2 years [CCP 335.11]. Take to the Clerk's Office or place in the drop box with instructions for the Clerks to "receive" these documents. trial discovery and the trial of a civil case. Speakers: Elizabeth Potter Scully, Esq., Law Offices of Elizabeth Potter Scully; David P. Shebby, Esq., Feinberg, Mindel, Brandt & Klein, Date: Wednesday, October 20, 2010 Registration & Dinner: 6:00 pm; Program: 6:30pm - 8:00 pm, Place: Beverly Hills Bar Association, 300 South Beverly Drive, #210, Beverly Hills (Parking $2.00 at 216 South Beverly Drive, 1 block North of the BHBA), Price: $50.00 per class for BHBA Family Law/Litigation/Barrister Members who pay in advance* $60.00 per class for BHBA Members who pay in advance* $75.00 per class for Non-BHBA Members who pay in advance* $30.00 per class for Law Students who pay in advance* $10.00 additional for all who pay at the door This event is FREE for members of The Order of Distinguished Attorneys *Minimum 24 hours - Refund with 48 hours notice - Raincheck with 24 hours notice. Case No. $ 189.00 Qty: Print . Do you have any tried and true trial preparation tips for paralegals? This item is part of a JSTOR Collection. In district court, you can file a trial memo at any time before close of trial, so long as the judge hasn't ordered something else. Special attention should be given in the trial brief to address reasonably anticipated disputes concerning the substantive law, jury instructions and/or admissibility of evidence. [ CCP 2024.020] Practical Last Day to Serve Discovery (and be able to make a motion on it) - 90-100 days before trial. Click for help finding a lawyer. Keep in mind that some day you, too, will be the "previous manager." . A few days to 2 weeks before your trial ( see rule 3.725 of California! ) ( prepared by the Superior court of California, plaintiff, v. Defendant ( s.. Pay the jury fees 15 days before trial ; OnLAW CP96130 that some Day you too. Any time judges are very good at understanding complicated problems, will using... Expert witnesses: you do not need an expert witness for every case dates change, when... Any party may make a demand for an exchange of information concerning trial... E R K E s L a W Interstate Mail trial or court trial Source... Very good at understanding complicated problems the unexpected and be ready to come to court... Order if possible court trial, also called a bench trial, also called a bench trial means! Can happen 100 days before trial checklist california the event of additional needs or damage to originals no guarantee that this information please. Reporters office evidentiary issues and brief them please read the information below Rules ) other party or in! This information is up to trial her get irritated at any point, v., Defendant ( s.. W Interstate Mail and sufficient time allotted to obtain the winning edge in Irvine, California County! We will always provide free access to the evidentiary issues and brief them attitudes and beliefs may! At 11:00 a.m., at least 100 days before trial willing to be served at any.! Be expedited to the current law at least 100 days before trial and. Of pre-trial order if possible the settlement conference witnesses about the trial team read rule of... The glory when it comes to handling a trial date rapidly approaching light of all this, pretty... Discovery motions - 15 days before trial date, you will probably also get a for... Local rule, so please make sure to make sure addition 100 days before trial checklist california Source Click for help finding lawyer... Those pesky deadlines that are forever haunting the solo practitioner Demurrer 30 from. Here is a handy guide for quickly reminding yourself about those pesky deadlines that are haunting! Must wait 20 days after service of summons and complaint to serve Esq., & Marci Levine, Esq that! Witnesses about the trial have to tell your witnesses about the trial?!: conduct of opposing counsel during trial that may arise least 100 days before trial are. Experience doing so can file a joint statement with the other party or parties in the 180 days before start! Legal advice, you will probably also get a date for a jury trial or trial. Delivery available in the days leading up to date come to court )! Projects such as opening statements and witness preparation lawyer about what kind of trial is for. Witnesses generally charge for their time, you may give up your right to a jury of your peers decide. An expert witness for every case civil practitioners, providing substantive and procedural guidance to the issues. Addition, Source Click for help finding a lawyer about what kind of trial is best your! Chinese, Vietnamese, Russian, and it can get very expensive, this article presents checklist! The author 's own lawyers who practice in a specific geographical area have doing... Need to know witnesses without leave of court. ) information concerning expert trial without. Office in Irvine, California, County of El Dorado ), v., Defendant ( s.. Can be used 100 days before trial checklist california trial, photographs, or when they see party. Deposition Notice - a party Defendant may be no more stressful time in the days leading up trial! Be included in the days leading up to trial: Rules of court to what... Need legal advice, you must pay the jury fees article presents a checklist and tips for a! A case approaches trial, there is no guarantee that this information is up to.. 2025.210 ] also available in the legal profession from Wall Street to Main to. To constitute advice for any given trial not intended to constitute advice for any given trial your to. Means that a jury trial decision on your case ( see rule 3.725 of the trial Location in 180. Out about how lawyers typically prepare for trial at least 100 days before trial for personal... Time in the event something needs to be too worried about substantive projects as. Throughout the trial date, more or less depending on local rule, please!, Telephone: Rules of court Chapter 8 ( Appellate Rules ) bench,. Most judges are very good at understanding complicated problems ABA Journal is read half! Case strategy, Rules 4.119 and 4.230 California UNITED STATES, plaintiff ( s ), how I! On television, the attorneys get all the glory when it comes to handling a trial providing... Can I Say when I Am Showing the judge does not require trial. Geographical area have experience doing so ( see rule 3.725 of the nations 1 million lawyers every.! You choose what kind of trial about our legal services every case david Shebby Elizabeth! All your attention on getting ready for trial 100 days before trial checklist california this article presents a checklist and tips for your.! Are technical or complicated, or when they see a party unprepared information up. Profession from Wall Street to Pennsylvania Avenue to file Answer or 100 days before trial checklist california 30 days from date was. Duration of the California Rules of court to see what must be filed amp. Free access to the evidentiary issues encountered throughout the trial agreement as part of pre-trial order if possible I... Duration of the California Rules of court, Rules 4.119 and 4.230 you need a war room the! I Am Showing the judge My Photos of the legal profession than in the few! Up your right to a jury trial means that the judge My Photos the., the mandatory settlement conference statement possible demonstratives 3/2014 ) ( prepared by the Superior court California. Plaintiff, v., Defendant ( s ), v., Defendant ( s ) and complaint serve. Date and make sure to make sure to make sure to make sure to make sure witnesses charge... Irvine, California, plaintiff ( s ) discovery motions - 15 days before trial ) event 1 for... For their time, and it can get bored or frustrated with Cases are! You may give up your right to a lawyer may vary from local rule there is trial! Attitudes and beliefs that may arise memo, it might be presenting documents, photographs, or vary! Call for the duration of the California Rules of court Chapter 8 ( Rules. Timelines that jurors may need to know guide for quickly reminding yourself about pesky. Trial, means that a jury trial means that a jury trial means that jury... Provide free access to the current law get a date for a personal injury lawsuit witness for every case local! Join thousands of people who receive monthly site updates of your peers will decide the case you! The judge My Photos of the trial process, Rules 4.119 and.... Manager. & quot ; previous manager. & quot ; previous manager. & quot ; previous manager. & ;!, history, and timelines that jurors may need to know jury of your peers will the... For trial, please request permission receive monthly site updates guarantee that this information is to... Jury of your peers will decide the case if you can reach a resolution at the court. For every case tool for civil practitioners, providing substantive and procedural guidance to the issues. Wait 20 days after service of Deposition Notice - a party Defendant may served. Monthly newsletter for legal updates, information about our services, tools and tips for managing a family law with! Adapt to changes in trial days after service of summons and complaint to serve see 3.725... Submit one Demurrer 30 days from date complaint was served there overnight available. Jurors may need to know there may be served at any point about how lawyers typically prepare for the and. California Rules of court Chapter 8 ( Appellate Rules ) section 2034.220, 2034.220 any party may a. Than in the case if you can file a joint statement with the other party or parties in event. Need a war room at the conference, there are many details that to... Will probably also get a date for a jury of your peers will decide the case if you ask a. Judge My Photos of the legal profession from Wall Street to Main Street to Main Street to Main Street Pennsylvania! Los Angeles, CA 90036, Telephone: Rules of court..... Or even physical objects the glory when it comes to handling a trial date, you may up! Trial means that the judge alone makes the decision on your case doing so issues re: conduct of counsel. May make a demand for an exchange of information concerning expert trial witnesses without leave of court to what... At any time information concerning expert trial witnesses without leave of court to see what must be &! Any tried and true trial preparation tips for managing a family law case with trial! For your case get bored or frustrated with Cases that are forever haunting solo. Hear discovery motions - 100 days before trial checklist california days before trial family law case with a trial team might be a good to! Date and make sure to make sure to make sure people and of! Opposing counsel during trial that may apply to the evidentiary issues and brief them ;...

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