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How do I file a declaration with many inches of material…

How do I file a...
How do I file a declaration with many inches of material over the two inch prong? I have the motion and the declaration and then more stuff and a few full transcript that I am not allowed to file separately but I am going to just put a second copy of the declaration on top of and file it desperately with a few long transcripts. My motion has the ten page limit on the memorandum but will that somehow get me in trouble or viold it. is there a addendum of some sort or do I need it if I just put the declaration of the exhibits on top of it? I can create the declaration to make it look like a sepereate filing?
do I have to file the POS at the same time? OR can I file it later?
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Customer reply replied 4 months ago
can I file a declaration before the opeing breif is due and then when I file an actual opeing breif I file another declaration or an addtional one. Or can I only file one? also, if I get representation can I ask the court to extend the hearing date and thus the opening breif date?
Answered in 4 days by:
3/11/2018
legalg
legalg, Other
Category: California Employment Law
Satisfied Customers: 13,709
Experience: General Practitioner. Research Attorney
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Hi! A few minutes please as I review your question so I can provide you with legal information-thanks!

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The exhibits to a declaration are to be attached in the back of the declaration, with exhibit tags (ie exhibit a, etc).

The second binder can state it contains exhibits F-J, for example, to the declaration (the full name of the declaration).

A declaration can generally be filed at any time, separately or attached to a motion or trial brief; generally it is attached to the trial brief to support the facts in the brief.

Multiple declarations may be filed, as well as amendments if necessary.

And yes, obtaining legal representation is a common ground for requesting a continuance.

The POS need not be filed on the same date, but must be filed prior to the hearing/trial.

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Customer reply replied 4 months ago
Thank you so much for answering, in sacramento county one cannot file a fulll transcript but can I file most of or a full one with a declaration? and for clarification you are saying I can file several declarations a-d and then another one e-g for example?
Can I file some transcripts or declarations with the Reply, which would be after the Opeining Brief date in a Writ of mandate? as long as it is responding to a opposition arugument? can I file not just my own declarations but some declarations of witness who were willing to sign one for me ? I was waiting to file them for the opening brief but I may want to file them in the Reply?

You are welcome.

A transcript can be attached (relevant portions) and highlighting the most relevant material

Yes, that is correct-multiple declarations can be filed and they can be filed with both a reply and a brief. Local rules are here:

https://www.saccourt.ca.gov/local-rules/docs/chapter-02.pdf

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Customer reply replied 4 months ago
Great thank you can I file declarations after opening brief due date. Or why I reply to opposition. ?
What are components to opening brief do I need desperate statement like a motion. Do you have any examples or preformatted ones. I would be so gtateful

Generally the declaration would need to be filed with the brief because it is in support of the brief.

I could only locate an appellate opening brief but this may be used as a template:

https://www.capcentral.org/procedures/brief_writing/docs/SampleAOB.pdf

The sacramento law library has many resources and the librarian should be able to direct you to sample briefs that may be used as templates.

Matthew Benders is a popular resource as well, since it has many templates and sample declarations.

Pleading paper template:

https://sandiegolawlibrary.org/pleading-paper-template/

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Customer reply replied 4 months ago
ok great, what about needing a seperate statement of facts like a motion has?

Please see:

http://www.orangecountybar.org/content/uploads/PDFs/BrownBagLunches_Kest/February_2012_Trial%20Briefs_Other_Legal_Memorandums.pdf

Rule 5.394 lists what must be included in a brief:

http://www.courts.ca.gov/cms/rules/index.cfm?title=five&linkid=rule5_394

Those are the minimum requirements and there is no prohibition against including a separate statement of facts.

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Customer reply replied 4 months ago
ok great, I have a deadline to file the POS that is due tomorrow.
do I just fill out on pleading paper the same way I file the motion I filed but state at the top
"Proof of Service for Motion to compel.. then write the whole motion"
Or do I do a declaration and attach it to a declaration -which I filed the motion and a declaration already on the due date

This explains the service issue;
http://www.courts.ca.gov/selfhelp-serving.htm

The court actually has a form:

http://www.courts.ca.gov/documents/pos040.pdf

The documents served are listed on the attachment:

That form is here:

http://www.courts.ca.gov/documents/pos040d.pdf

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The above information is for educational purposes only; if one seeks legal advice please contact the local bar association for a referral to a licensed attorney in your area that is able to review your case in a private, confidential setting and will be able to tailor advise specific to your situation.

legalg
legalg, Other
Category: California Employment Law
Satisfied Customers: 13,709
Experience: General Practitioner. Research Attorney
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legalg and 87 other California Employment Law Specialists are ready to help you
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Customer reply replied 4 months ago
I am sorry, I will rate all five stars.
when I file a declaration, and have a transcript can i say1. Jane Doe, my principal and boss has a Administravtive degree and said" i was a teacher" not a class aide and I was qualfied bla bla, and therefore I was misclassfied. A true and correct copy of the portion of the depostions transcripts or full transcipts is attachech as EXHIbit A.3.Then in my next declaration #2 right below say something like I never had a lunch along with many others and my boss said did this and my boss said that they and that and that proves bla bla.. and just say. (Dec. 1. Exhibit A page 2 line 5)or how would I quote it wihtout saysing a true and correct copy all over again and how do I cite the page and line number? I will site it in the moving paper but I do not know how to.
Customer reply replied 4 months ago
help
Customer reply replied 4 months ago
Sorry it may not make sense.I have four PACKETS each packet is a set of exhibits that are longEach packet is like A-G The the next physical packet is H-K and then the next phsycial packet is I-OBUT each one is a I, rebecca Wu declare then 1. bla bla exhibit ABUT EACH ONE HAS A number 1 for the first exhibt, the exhibits change numbers I cant bullet with numbers if I start at a different number than 1.1. bla bla exhibit B
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