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Will Orange County's Fledgling Clean Power Agency Survive? This page is not legal advice, and there is no guarantee that this information is up to date. /Contents 4 0 R>> c. 218, 19a(a) docket no. Note: When service is by publication, it is likely that a default will follow. Please feel free to link to this page. The Presidential Major Disaster Declaration will help Californians in impacted counties through eligibility for several programs and supports, and includes public assistance to help state, tribal and local governments with ongoing emergency response and recovery costs and hazard mitigation. Operations began last night and are scheduled when it's safe to take place from 5 a.m. to 9 a.m. and then from 5 p.m. to 9 p.m. Joseph Miller, a CHP spokesperson, says many residents waiting to get home are in distress. Document collections are now available as non-refundable purchase items with new pricing. If defendant is not served within 2 years after the action is commenced. You need to find a new attorney. Thank you for investing in your neighborhood. * Sacramento, CA 95825, 4600 Northgate Blvd. See Grieves v. Superior Court (4th Dist.,1984) 157 Cal.App.3d 159 [203 Cal.Rptr. We believe when reliable local reporting is widely available, the entire community benefits. In a statement, Dawn Rowe, who chairs the San Bernardino County Board of Supervisors and represents many of the affected areas, said local partners like the county's public works department and . [CCP 585]. This story was updated with additional information. In the event that a response is not served, the defendant, on notice to the plaintiff, Copyright 2023, Thomson Reuters. to respond whether the lawsuit. FOR A DEFAULT JUDGMENT UNDER CODE OF CIVIL PROCEDURE 585 Form Adopted for Mandatory Use Judicial Council of California CIV-050 [Rev. We're here to answer your questions. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Officials also warn residents that if they come down the mountain, they might not be let back up so be prepared for that scenario. Stay up-to-date with how the law affects your life. xm 5 (commencing with Section 1010) of Title 14 of Part 2. Upon receiving the above documents, the court clerk may set the matter for hearing before a judge. The Top 5 newsletter catches you up with LAs top 5 stories in just 3 minutes. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Claims for Damages Which May Not Be Imposed May Properly Be Stricken . in the manner provided for service of a summons or in the manner provided by Chapter On Monday, Orange County schoolchildren stranded at mountain camps were transported home by bus, days after they were supposed to return. ********************************* 3. 2031.210, 2031.220, 2031.230 and 2031.240 The exception is if the responsive documents have previously been produced in discovery by the responding party. The Court also has authority to strike punitive damages from the complaint. Jsc,%W9&[B#oZ7$/6'(-0AHup^-q+l Mm3|M~?_lyYM{zL:>D* )K/~nH][ Q_ua5ho)}XWpWPW~ . FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. A motion is a request one of the parties makes to the court, seeking a particular action. California is grateful for President Bidens swift approval of this critical support to communities reeling from these ongoing storms, said Governor Newsom, who earlier today met with evacuated residents in Merced County and surveyed damage in the area. The Court has authority to strike damages from a complaint if such damages are not recoverable. the nature and amount of damages being sought. The statutory authorization for a motion for summary judgment in California is found in Code of Civil Procedure section 437c(a)(1) which states in pertinent part that, "Any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to the . junio 12, 2022. The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Justia - California Civil Jury Instructions (CACI) (2022) 3931. A defendant must file a response within 30 days of service. Civil Case Information Interpreter Information Americans with Disabilities Act (ADA) Common Civil Unlimited Time Frames Service, Return of Summons A look at years past when snows creeped into our citified neighborhoods, away from the mountains and foothills. 0_1G5J jM4T^aq"`l ZH boZ+RBh)b.WxF)!D2eg uR="yWv=g0bq> /Contents 6 0 R>> Parties in California may agree to a presumed amount of damage (i.e., liquidated damages) sustained from a breach if it would be impracticable or extremely difficult to calculate the actual damages from a future breach. Caltrans officials added that if traffic becomes inundated and if certain situations cause delays, then the escorts will stop. | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-425-11/. These are shots, from space, of Southern California from Feb. 10 and Feb. 26. Sample california civil cover sheet and damages that deadline to a statement of damage components reversed because former law and why governmental roles in addition thereto. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Each motion is only appropriate in specific situations. Civ. 2023 Southern California Public Radio - All Rights Reserved, San Bernardino Mountain Residents Are Increasingly Desperate. The request is served by a defendant on the plaintiff and should also be served on all other parties to the action who have made an appearance in the action. How 4 Words Upended A University's Journalism Program, And Stirred A Reckoning Over Race, What A Popular Yoga Teacher's Descent Into Conspiracy Theories Says About The 'Wellness To QAnon Pipeline', Ancient Lung Disease Strikes Countertop Cutters In LA, The Groundbreaking Suicide Squad That Tested Early Rockets And Flirted With The Occult, Before And After: Satellite Images Show Southern California's Massive Snowfall From Space. (c) If the plaintiff seeks punitive damages pursuant to Section 3294 of the Civil Code, and if the defendant appears in the action, the plaintiff shall not be limited to the amount set forth in the statement served on the defendant pursuant to this section. 5 0 obj 2: Give a detailed statement of all facts upon which you rely to show that each defendant was negligent. 1: Plaintiff objects to this document request as vague and ambiguous to the extent that it relies on the term "reflecting," which is not defined in Defendant's Second Request for Documents and First Set of Interrogatories. Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 425.11 - last updated January 01, 2019 As used in this rule, papers include printed forms furnished by the clerk, but do not include notices filed and served by the clerk. <> If you're enjoying this article, you'll love my daily morning newsletter, How To LA. [. An emergency shelter has been set up at Redlands East Valley High School. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-425-11/, Read this complete California Code, Code of Civil Procedure - CCP 425.11 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Just visithttp://freeweeklylegalnewsletter.gr8.com/for more information. what is television segregation Search s8A@B:E 9\J, ZP9 AJ:c8dew,4$6AY;EPxat/XVBY P,(;=D6YO(0:`H8N"=Twu(p Step 1 A lawsuit begins when a Summons and Complaint is served on a defendant. More jake from state farm cast; houses for rent in clermont, fl by owner; shore orthopedics easton md; southern rambler chicken eggs. A defendant can respond to a summons and complaint filed on her by making any of a number of different motions to the court within the time limit to respond to the summons. section 580 1 by serving defendant with a statement of damages under section 425.11 or 425.115, when the underlying claims did not involve personal injury or wrongful death, and the default . . Set forth an itemized statement of all damages, specifically identifying the type of damages and amount claimed for each type, claimed to have been sustained by Plaintiff as a They are currently arriving within 30 minutes of purchase. @( A #`>4S'sb6s!KPEsocT' 3t~mX_*c|d+&+!P |px5 q 7Ru(>eAY)g,i!^?3xi.tCCn9saS8BeIzp|/M2mg88eV'xHHujB9)'JWg*$s{1 "^Da'2SVy9KU1E]yzs` 6v>Cgvw 0 Click the on our main page to search for what you are looking for. 2022 California Rules of Court. This post describes the state system used to facilitate a coordinated response to disasters. Simply put, a default judgment is a judgment against a defendant who fails to answer a lawsuit. Date: Date: (SIGNATURE) (SIGNATURE) CIV-050 [Rev. Statement of Damages Category Judgments Contains fields to complete on-line (print out for filing). Here's the breakdown of how to figure out which route you need to take, according to your residency. Residents and business owners who sustained losses in the designated areas can begin applying for assistance by registering online atwww.DisasterAssistance.govor by calling1-800-621-3362or1-800-462-7585TTY, approved Californias request for a Presidential Major Disaster Declaration, Acting Governor Eleni Kounalakis Signs Legislation to Support States COVID-19 Preparedness, PHOTOS: Governor Newsom Visits Diablo Canyon Power Plant, More Time to File State Taxes for Californians Impacted by December and January Winter Storms, Governor Newsom on Read Across America Day: While Other States Ban Books, Were Helping Students Read, Governor Newsom Proclaims State of Emergency in 13 Counties Due to Winter Storms, Activates California Guard. (Subd (b) amended effective January 1, 2017; amended effective January 1, 2003, and January 1, 2007.). Judicial Council forms can be used in every Superior Court in California. x\Ys9~_G;v]}NL,m[K=sL%FS, v{| HH" uTU!3031,`dB0bV{& 520F&%eRpLZc73R'SFibYb*xtrD6D14yE3RgFI\p$3\9Kx0k2!vWSt %&Z2/X1`Z3,3,pP?`0 IuT)PZHY Current as of January 01, 2019 | Updated by FindLaw Staff. ij*C &r+7g1aeDqV `C;~;!`&,zkB2n'Y [CCP 585 (c)]. HTo0)}]J+2V~H]/%k5c,cOtp=h?G_uKL(Ge\C%MLHONzi2irUl2/r2hsE?hDm}^&hbu]NFr5D\bhfZ/J]yaTTS This story was updated with information about Caltrans escorts. plaintiff(s) defendant(s) date filed. Suite 210 Courts are split on when the statement of damages must be served. (Subd (a) amended effective January 1, 2003; previously amended effective January 1, 2001. UPDATE: 6 PM 02/27/23 #Caltrans8 crews have worked tirelessly to get our infrastructure safe enough for travel. (e) The statement referred to in subdivision (b) may be combined with the statement (1) Defendant must be served with Summons and Complaint. Statement Of Damages (Personal Injury Or Wrongful Death) Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form Statement Of Damages (Personal Injury Or Wrongful Death) Form. endstream Do you want to use this article on your website, blog or e-zine? O3re3/r`A%)WL>iT|MIXJ1}f.69k!4[C}; and may serve the statement as part of the statement required by Section 425.11. But it's really more for humans. SACRAMENTO - Governor Gavin Newsom today announced that the White House has approved California's request for a Presidential Major Disaster Declaration to support the state's emergency response to ongoing storm impacts including flooding, mudslides and landslides in communities across the state. manner: (1) If a party has not appeared in the action, the statement shall be served in the The request shall be served upon the plaintiff, who shall serve a responsive statement as to the damages within 15 days. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1. CIV-050, STATEMENT OF DAMAGES (Personal Injury or Wrongful Death), this form is used to tell the other side the maximum amount of damages you are seeking in a personal injury or wrongful death case. Defendant filed an answer to a Personal Injury complaint and immediately served a request for Statement of Damages under Cal. See C.C.P. State of damages on the deadline, serve as well as such as soon. stream x Contact us. Escorts up Highways 330 and 18 into the mountains were suspended because vehicles even those with chains on were getting stuck in snow, according to Caltrans. Every weekday, you'll get fresh, community-driven stories that catch you up with our independent local news. "So this is making sure the roads are clear for emergency personnel and our lifelines that are coming up. Statement of Damages (Personal Injury or Wrongful Death) (CIV-050) Tells the other side the maximum amount of damages you are seeking in a personal injury or wrongful death case. (Failure to Mitigate Damages) 11. Limitations on the filing of papers. (See Civ. endstream endobj 512 0 obj <>stream The following papers, whether offered separately or as attachments to other documents, may not be filed unless they are offered as relevant to the determination of an issue in a law and motion proceeding or other hearing or are ordered filed for good cause: (4) Notice to consumer or employee, and objection; (5) Notice of intention to record testimony by audio or video tape; (6) Notice of intention to take an oral deposition by telephone, videoconference, or other remote electronic means; (7) Agreement to set or extend time for deposition, agreement to extend time for response to discovery requests, and notice of these agreements; (8) Interrogatories, and responses or objections to interrogatories; (9) Demand for production or inspection of documents, things, and places, and responses or objections to demand; (10) Request for admissions, and responses or objections to request; (11) Agreement for physical and mental examinations; (12) Demand for delivery of medical reports, and response; (13) Demand for exchange of expert witnesses; (14) Demand for production of discoverable reports and writings of expert witnesses; (15) List of expert witnesses whose opinion a party intends to offer in evidence at trial and declaration; (16) Statement that a party does not presently intend to offer the testimony of any expert witness; (17) Declaration for additional discovery; (18) Stipulation to enlarge the scope of number of discovery requests from that specified by statute, and notice of the stipulation; (19) Demand for bill of particulars or an accounting, and response; (20) Request for statement of damages, and response, unless it is accompanied by a request to enter default and is the notice of special and general damages; (22) Notice to produce party, agent, or tangible things before a court, and response; and. Like the Facebook page for Legaldocspro at: Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. endobj The California Tort Claims Act covers all civil liability claims for "money or damages." A response must be in writing and include the same supporting documents as a motion for summary judgment. /Contents 8 0 R>> (b) When a complaint is filed in an action to recover damages for personal injury as to the damages within 15 days. This means little until the clerk enters a default against the defendant. Before suing, you must give the business written notice of which CCPA sections it violated and allow 30 days to respond in writing that it has cured the violations and that no further . Sample Request for Statement of Damages for California, https://legaldocspro.myshopify.com/products, http://freeweeklylegalnewsletter.gr8.com/. Sacramento, CA 95834, Privacy Policy Cookie Policy Disclaimer Attribution. 3 0 obj One or two word search terms work best. The parties further acknowledge that (i) the amount of loss or . FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. While in default Defendant has NO RIGHT to appear at prove-up hearing. SACRAMENTO Working to support Californians impacted by severe winter storms, Governor Gavin Newsom today proclaimed a state of emergency to support disaster response and relief in the counties of Amador, Kern, Los Angeles, Madera, Mariposa, Mono, Nevada, San Bernardino, San Luis Obispo, Santa Barbara, Sierra, Sonoma and Tulare. Residents of Crestline/Lake Arrowhead will need to use SR 18. (2) Plaintiff includes a cross-complainant. Plans for the California Highway Patrol to escort residents to snowed-in communities in the San Bernardino mountains are on pause as of Wednesday morning due to the weather. The following kinds of defendants need not be served within the State: A non-resident defendant who owns real property in California - if the defendant has no agent for service of process and the claim relates to that property. .W\v>GAh8[eS>"rAC:-9GmnaE9'svzY93E-!aDV?B@SaK^M)x~|M='W'Q#o0 X: CCP 425.11 (d) (1). methods: (1) If the party has not appeared in the action, the statement shall be served in the same manner as a summons pursuant to Article 3 (commencing This includes assessing the disaster situation and bringing in the necessary resources to respond in a coordinated way. If you would like to copy this information, please request permission. aE4/#C?S=d 6/1'Cm jQ=}|E hU2#tFyi |]BT"(kNhB +l*4Dq1p c50QI+RNerTp0FbwPP;[l*P!S|b|K"PRTbOpWM97qLhfEgZ Late Sunday evening while in Mexico City, Mexico for the 10th North American Leaders' Summit, President Joseph R. Biden, Jr., declared that an emergency exists in the State of California and . 2: Plaintiff refers the Defendant to his Complaint and Amended Complaint and incorporates . If a default is successfully entered by a plaintiff, it instantly cuts off a defendants right to appear in the case. %PDF-1.6 ), (b) Retaining originals of papers not filed. With the upcoming storm moving into the area, Caltrans, alongside our @CHPArrowhead partners has deemed the necessity to conduct resident-ONLY escorts up the mountain. Residents of Running Springs will use SR 330. READ FIRST: Any court case is complicated and you must follow the Code of Civil Procedure and the . This is a California form and can be use in Civil Judicial Council. Libel includes the more permanent forms of defamatory matter; in California, it consists of a "writing, printing, picture, effigy, or other fixed representation to the eye." (Civ. We'll keep updating this report as more information becomes available. Code 425.11. Governor Newsom has activated the State Operations Center to its highest leveland proclaimed a state of emergency statewide. endobj food revolution network credibility. You can receive 10 free gifts just for subscribing. Your tax-deductible financial support keeps our stories free to read, instead of hidden behind paywalls. If served electronically under rule 2.251, the proof of electronic service must meet the requirements in rule 2.251 (i). The area has seen a dramatic influx of snow, visible in these NASA images released Monday. 0 yB#t``t"T~cxp5KA7Co: Step 2 Step 2 is when you serve the defendant with the Statement of Damages. Current as of January 01, 2019 | Updated by FindLaw Staff. precluding any award of liquidated damages in this case. Snow has already impeded people in other parts of Southern California. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. !y;2\210\217yZ\223\235\204IG\2234$\021\223\007\031,g\033\001_ek\023m\2252\001\\"\f&\\0G\033\206_\204n\035!|S\t\203\0276\023@\035AF\001\236\226\021\013\233\030\fa\034\005`\206\2152lB\201 t\)\024\235\004q]\033=u\216\021f\0053E^\214J%G\)5\033\033\\;Z\212W\001\007\tgq`Jq3\223A\223-\020k\030\026\234M\226X\b@+oW4\201\030\003\234N\235!N}\224*+\013rO!\033o}{\220\r\021\216\000A~\032\226\232;.g\220\215\231\225\177^\2014\225l\rmD\203\026D*{\001\230oX\030\001>\006\212X\215}\002\0213O9JEwY\2140//|\013Fn\005\(p'+\223G\030\222\220\200\232\232\237a`{\\\222:\005\230w\030\2326\)._py\212>\027\223=43\221U^\200\237\225\203\n\230\205Y6.r+\034i\020\206Eb\001\227KW\202\204S&\030\231\)\20146\210k\\\204\t\214}'L\003\b?8B\200\203\000\230\034\224Y\022\211\221s\030*\\^\)1\232\214Y2\214^~\006"^\201e\(\033 \234\227\000\r\225?\021I_T}\036@\\\022H\233zw\211\214\024o\013;g\222uQ;9\203lO@\003H\234rB\233\215O62IzR\211~\f\234Cu*?2z;+\227c\005?E\006i6\b\200\204\001\234Y\225\0262\032^\0371\0262Z\227,\)w\233C~\200kl\2074\207G\205\013:\207\004\034~rG\fx[\002\001\177psf\017\212?R\017\).\027JasL\200\035\236Ry\223\017xR\202qv\217~\222^^Efk\214\016\\\225) /Filter /Adobe.PPKLite /M (D:20120523145314-07'00') /Name (ARE Acrobat Product v8.0 P23 0002337) /Prop_Build << /App << /Name /Exchange-Pro /OS [ /Win ] /R 655363 /REx (10.0.3) /TrustedMode true >> /Filter << /Date (Jan 30 2011 15:45:26) /Name /Adobe.PPKLite /R 131104 /V 2 >> /PubSec << /Date (Jan 30 2011 15:45:26) /NonEFontNoWarn true /R 131104 >> >> /Reference [ << /Data 1 0 R /TransformMethod /UR3 /TransformParams << /Document [ /FullSave ] /Form [ /Add /FillIn /Delete /SubmitStandalone ] /Signature [ /Modify ] /Type /TransformParams /V /2.2 >> /Type /SigRef >> ] /SubFilter /adbe.pkcs7.detached /Type /Sig >> >> /Type /Catalog >> See Cal. When an action is filed in the district court to recover damages for personal injury or wrongful death, the parties against whom the action is brought may at any time request a statement setting forth the nature and amount of damages being sought. Amid ongoing storms and flooding, the state and its partners are working quickly to initiate recovery efforts and helpCalifornians returnhome as soon as it is safe to do so. hVmkF+@l$B,Ii[ t;c=B% Z0E C2iDh)f& AD'R.#]F1-*weB"Uno%.HI|0*[zd] SB)E~YbJOO=vyInz#_^md(7(1`~o/obV5/WYq|/5x6 Richard Burman, Managing Partner 02Nov2020. (See Plotitsa v. Superior Court (1983) 140 Cal.App.3d 755, 761.) Todays declaration makes federal funding available to affected individuals in the counties of Merced, Sacramento and Santa Cruz. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. The order of proof at danger is generally discretionary with the day judge. Rule 3.250 amended effective January 1, 2017; adopted as rule 201.5 effective July 1, 1987; previously amended effective January 1, 2001, and January 1, 2003; previously amended and renumbered as rule 3.250 effective January 1, 2007. INTERROGATORY NO. Step 1 is when the defendant fails to timely file his response. Miller says residents who are planning to return home must have proof they live there. Proof of Service of Summons (unless already filed); If defendant is not served with summons and complaint within 3 years after the complaint is filed; If no proof of service is filed with the court within 60 days after expiration of the 3year period (unless defendant appeared in the action by that time). endobj The request shall be served upon the plaintiff, who shall serve a responsive statement as to the damages within 15 days. In some counties the plaintiff has to call the court to find out when and where the hearing will be. Search Instructions. In some counties the clerk simply gives the papers to the judge, and the judge then decides whether he or she can render judgement on the submitted papers, or whether a live prove up hearing is required. stream https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-425-115/, Read this complete California Code, Code of Civil Procedure - CCP 425.115 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Code 45.) The request shall be served upon the plaintiff, who shall serve a responsive statement The default judgment is a powerful tool in litigation allowing . The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. instructions: this form must be completed and filed with the complaint or other initial pleading in all district and boston municipal court civil actions seeking money damages. endstream endobj 513 0 obj <>stream All rights reserved. Another storm is expected to land in Big Bear tonight, dumping between one and two feet of snow. Even Near The Hollywood Sign, LA Explained: How To Live Safely With Our Coyote Neighbors, It's Coyote Mating Season In Los Angeles. That remained true for the scheduled evening escorts. A claim form may be obtained by calling the Radio Room at (909) 387-8063.Be sure and include copies of written estimates of damage and photographs, if possible. (c) If the plaintiff seeks punitive damages pursuant to Section 3294 of the Civil Code, and if the defendant appears in the action, the plaintiff shall not be limited to the amount troopers with Kentucky State Police Post 1 responded to the area . Dear reader, we're asking you to help us keep local news available for all. (1) Unless the paper served is a response, the party who serves a paper listed in (a) must retain the original with the original proof of service affixed. gossops green dentist. This includes taking photographic evidence of as much of your property as you can. You will likely need to file more than once to win your case in court. Copyright 2023, Thomson Reuters. endobj It is on the moving party (i.e., the Defendant) to "conclusively negate" a necessary element of the plaintiff's case or . Erik Sund, the city manager of Big Bear Lake, says they have been plowing streets around the clock since Friday, and will be continuing for another five days. As for residents holed up on the mountain, Miller said: "We also have escorts being provided for fuel and food delivery services, that way the people who have been stuck on the mountain or have sheltered in place have the substance that they need.". Statement of Damages in Personal Injury Case California. (4) All original papers must be retained until six months after final disposition of the case, unless the court on motion of any party and for good cause shown orders the original papers preserved for a longer period.

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