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Lucy, Esq.
Lucy, Esq., Attorney
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Lucy and how are you? 1. Following California civil

Customer Question

Hi Lucy and how are you?1. Following California civil procedure what are the ways to strike a declaration by an expert witness? Motion to Strike? Motion to Quash?2. After I file that motion is there a hearing?Thank you very much and best regardPeter
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Good afternoon, Peter.

I'm doing well, thanks. I hope you are, too.

1. The way to remove a declaration is to file a Motion to Strike. A Motion to Quash is typically filed in response to a subpoena or summons - when you're objecting to the service of the document, not the contents of a document themselves. The motion itself has two parts - one is the Notice of Motion, and the other is a Memorandum of Points and Authorities in support of the motion. Here is a sample that might help you format your request.

http://petrofsky.org/misc/legal-docs/overstock/Overstock-vs-Morgan-Stanley-2007-04-06-motion.pdf

The motion is filed with the court, and a copy mailed to the other party, along with the Proof of Service.

2. The other party gets to reply to your motion. If they file an objection, then the judge will decide whether he wants to have you come in and make arguments in person. Usually, at least one party has to request a hearing before the judge will schedule one. But he does have discretion to decide not to hold a hearing if he can make a decision based on the information provided in the motions.

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Customer: replied 1 year ago.
Hi Lucy and thank you for the detailed answer.1. So the judge will decide if there will be a hearing or not? I thought whenever you file a motion you also need to make an appointment for a hearing?2. How will the judge notify each party of the decision and if there is to be a hearing?Thank you very much and best regard.Peter
Expert:  Lucy, Esq. replied 1 year ago.

1. The court is allowed to cancel hearings. If your court has a local rule that requires you to schedule a hearing with the motion, then that should be followed.

2. When the court schedules something, all parties are notified by mail. But again, if your particular court gives you the ability to schedule your own hearings and they want people to do that with all motions, then that's what you'd have to do. Not all courts give people that capability.

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