Using Litigation By The Numbers with AbacusLaw
Litigation By The Numbers ("LBTN") and AbacusLaw are a wonderful combination. Here's a chapter-by-chapter discussion of just a few of the ways they work together. Once you have both products, you're sure to come up with a lot more.
Chapter 1 – Appearance By Plaintiff
LBTN explains how to prepare, file, and serve a Complaint in California. Once the Complaint is filed, just use AbacusLaw to calendar the filing date, and AbacusLaw instantly calendars the date by which Proof of Service of Summons must be filed. LBTN explains the ways service may be effected, when it is deemed effective, and provides step-by-step instructions for completing the Proof of Service of Summons form. Then enter the date you served the Complaint, and AbacusLaw automatically calendars the last day for defendant to respond to the Complaint.
Chapter 2 – Filing and Service
Missing a deadline or improperly preparing a proof of service can be fatal to your case. LBTN contains an entire chapter on filing and service, including service by mail, hand delivery, fax and overnight mail, with tables showing the effects of C.C.P. §§ 1005 and 1013. It tells you how to count days, and how to deal with holidays. Just use AbacusLaw to calendar the date you were served with a particular document, and it will automatically calendar the date a response is due. If that date falls on a holiday, AbacusLaw will warn you, and ask you to input an alternate date. Sometimes that date needs to be before the holiday; sometimes afterwards. Here, LBTN and AbacusLaw really work hand-in-hand.
Chapter 3 – Default By Defendant
LBTN explains how to complete the forms required to enter the defendant’s default, obtain a default judgment, and warns you that C.R.C., 201.7(g) and (h) authorize sanctions for failure to do either timely. Once you’ve entered the date the Complaint was served, AbacusLaw automatically calendars both dates for you!
Chapter 4 – Appearance By Defendant
LBTN discusses the various manners in which a defendant can appear in the action, including answers, cross-complaints, motions to strike and demurrers, and tells how to prepare, file, and serve each. By entering in AbacusLaw the date your client was served with the Complaint, you’ll be sure not to miss the last day to respond.
Chapter 5 – Discovery
LBTN has an extensive chapter on discovery, including depositions, interrogatories, requests for production, and requests for admission. Just tell AbacusLaw the date a particular discovery demand was served, and it will automatically calendar all relevant dates, including the last day to move for a protective order, and the last day to serve responses. AbacusLaw will even remind you to meet and confer before filing a motion to compel further responses!
Chapter 6 – Motions
Calendaring - LBTN’s Motions chapter explains how to prepare, file and serve regular motions, ex parte applications, and motions for summary judgment/adjudication. It also provides the due dates for the notice of motion, the opposition, and reply. With AbacusLaw, all you have to do is calendar the hearing date for your motion, and it instantly calendars those dates for you. Now that C.C.P. § 1005 is based on “court days,” this feature is simply invaluable!
Good Faith Declarations – As LBTN explains, any time you file a motion to compel further responses to discovery, you must submit a “good faith declaration” describing the efforts you made (phone calls, letters, etc.) to resolve the dispute with opposing counsel. AbacusLaw can streamline the preparation of that declaration. Just go to your Linked Events and Linked Notes tabs to instantly pull up: (1) a list of the dates discovery requests and responses were served, and (2) the dates and substance of all relevant telephone calls and correspondence. Then, you can go to the Linked Documents tab, and print out copies of letters to opposing counsel to attach as exhibits. What a time-saver!
Chapter 7 – Pre-Trial
LBTN tells you the basics about case management, including the case management conference and case management statement. Once you have the date of the case management conference, AbacusLaw will instantly calendar the date by which the parties must meet and confer, and the date the case management statement must be filed. LBTN focuses on statewide rules. With AbacusLaw you can purchase local rules for every county in the State of California! So, if you calendar a trial in the Los Angeles Superior Court, AbacusLaw will automatically calendar dates within which to file motions in limine, deposit jury fees, file jury instructions, etc.
Chapter 8 – Settlement and Dismissal
Once a case has settled, you have to give notice of the settlement, request dismissal, and then give notice of the entry of dismissal. AbacusLaw calendars the dates to do so, and LBTN shows you how.
Chapter 9 – Judgment and Enforcement
Many important dates are triggered when judgment is entered, e.g., last day to file memo of costs, last day to move for new trial, etc. AbacusLaw calendars them for you. Also, AbacusLaw’s back office program, makes completion of the memo of costs form a breeze.
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