Sometimes a particular statute provides otherwise. (a) Scope. This article provides an overview of general court requirements. As you can see, the California civil litigation court system has very specific rules and procedures that everyone must follow, whether they are represented by an attorney or not. Once a lawsuit has begun, California and local laws establish certain schedules that are usually measured in days, not years. 2024.050(a).) On October 17, 2018, Commissioner Sheryl M. Beasley in the Norwalk Courthouse transferr ..because discovery had closed, it brought the instant Motion to Reopen Discovery (the Motion) on July 17, 2019. Posted on October 9, 2014. endobj (CCP 2025.401(a)). TENTATIVE RULING: These time limits are substantially shorter than the by clicking the Inbox on the top right hand corner. [wpforms id=43 title=false description=false]. All discovery must be completed on or before the 30th day before the initial trial date. First, C.C.P. A Defendant may serve discovery at any time. Discovery is the formal process parties use to a case gather information and evidence from each other. Your search will reveal Specific Exceptions referencing Section1013 generally, thus making it clear that there is no extension for service by mail, fax, express mail, or overnight delivery. Civ. These cookies track visitors across websites and collect information to provide customized ads. (2) An exercise of the option to produce documents under Section . Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 2030.300 - last updated January 01, 2019 CCP 2016.060 : b) Hearing deadlines: Count backward from the hearing date, excluding the date of the hearing. K0iABZyCAP8C@&*CP=#t] 4}a
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&x*sb|! matter of right to complete discovery proceedings on or before the 30th day, and to If you manually calculate the last day to take a particular action, e.g., to move to compel further responses to discovery, or you manually calculate the last day to respond to something, e.g., a cross-complaint or discovery, you must follow several steps, in the proper order.Usually, the last step is to extend the deadline if the document which triggered the running of the deadline was served by any means other than personal service. hs2z\nLA"Sdr%,lt 2024.050; 2024.060.) Section 1010.6. Among the factors it may consider are: (Code Civ. Rules of Court, rule 3.1348(a), explains, "The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after motion was filed." (See . .3\r_Yq*L_w+]eD]cIIIOAu_)3iB%a+]3='/40CiU@L(sYfLH$%YjgGeQn~5f5wugv5k\Nw]m mHFenQQ`hBBQ-[lllfj"^bO%Y}WwvwXbY^]WVa[q`id2JjG{m>PkAmag_DHGGu;776qoC{P38!9-?|gK9w~B:Wt>^rUg9];}}_~imp}]/}.{^=}^?z8hc' The risk of malpractice is simply too great. But, first, some time-extension basics. Direct comments to. endobj Notwithstanding the fact that the deadline was based on mailing, the rule included a Specific Exception: Code of Civil Procedure section 1013, relating to service of papers by mail, does not apply to this rule.. Filing 38. (a) On receipt of a response to interrogatories, the propounding party may move for filing date will meet this deadline, start with your desired hearing date and count backward (CCP 12c) sixteen court days. Pro. These motions also have deadline requirements depending on the situation. Another relevant factor is how documents are served on the opposing party or attorney. What Kinds of Cases Does the California Supreme Court Review? Expert discovery deadline; submission of status report April 14, 2017 7 days following Plaintiff's rebuttal Rule 26(a)(2) disclosures Notwithstanding their agreement to these deadlines, Plaintiffs reserve their right to move for injunctive relief at an appropriate time. endobj Strauther subsequently filed motions to compel discovery responses, but MOTION TO REOPEN DISCOVERY A meet and confer declaration must allege "facts showing a reasonable and good faith attempt at informally resolving all of the motion's issues." 2007 California Code of Civil Procedure Article 2. However, this is incredibly misleading . (4) If the court has previously ordered parties in a case to electronically serve documents and a new party is added that the court determines should also be ordered to do so under (1), the court may follow the notice procedures under (2) or may order the party to electronically serve documents and in its order state that the new party may object within 10 days after service of the order or by such later time as the court may specify. 12264 El Camino Real, Suite 101, San Diego, CA 92130. . (Subd (g) amended and relettered effective January 1, 2018; adopted as subd (d) effective January 1, 2008; previously relettered as subd (f) effective July 1, 2013; previously amended effective January 1, 2011. . Your recipients will receive an email with this envelope shortly and Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. For example, Code of Civil Procedure section 2024.020 gives the deadline to have discovery due as 30 days before trial, with the last date to hear a discovery motion 15 days before trial. have motions concerning discovery heard on or before the 15th day, before the date Your credits were successfully purchased. Proc. 969G Edgewater Blvd., Suite 345 Foster City, CA 94404 phone: (650)571-1011 fax: (650)571-0793
[email protected] Deadlines that fall on the weekend will generally be scheduled for the Friday prior, but this does vary by jurisdiction. (CCP 2024.020.) Necessary cookies are absolutely essential for the website to function properly. C.C.P. There are at least two reasons why the C.C.P. (CCP 2024.020), Practice Tip: you want to allow enough time to file a Motion to Compel further responses, should the responding party not provide sufficient discovery, therefore the practical last day to serve discovery is 90 -100 days before Trial because the last day to hear discovery motions is 15 days before trial. (See 9/17/18 Minute Order.) 12 and 1013 (or 1010.6 for electronic service), and possibly 12a. Proc. Summary judgment motionsare due within 30 days after the close of discovery. My strengths are communication with clients both face to face and over the telephone. The fact that a person or entity is a nonparty to an action does not permit them to refuse to comply with the California discovery statutes. 2016.040(a).) Discovery procedures take place outside of court. This series of videos will help you understand what discovery is, how to answer questions you received by mail, and how you can use discovery yourself. (Subd (j) amended and relettered effective January 1, 2018; adopted as subd (c); previously amended effective January 1, 2007, January 1, 2009, July 1, 2009, January 1, 2010; and January 1, 2017; previously amended and relettered as subd (g) effective January 1, 2011; previously relettered as subd (f) effective January 1, 2008, and as subd (i) effective July 1, 2013.). Discussion (1) If a court has adopted local rules for permissive electronic filing, then the court may, on the motion of any party or on its own motion, provided that the order would not cause undue hardship or significant prejudice to any party, order all parties in any class action, a consolidated action, a group of actions, a coordinated action, or an action that is complex under rule 3.403 to serve all documents electronically, except when personal service is required by statute or rule. Necessity and the reasons for the discovery; The diligence or lack of diligence of the party seeking to extend the discovery; Reasons discovery was not completed within the discovery period; The likelihood that permitting an extension will: Prevent the case from going to trial on the set trial date; The amount of time that has elapsed in any postponement to the original trial date. Vena v. Moore, Schulman & Moore, APC et al Filing 38 ORDER Granting 37 Joint Motion to Continue Discovery Motion Deadline: The deadline to file a discovery motion to 3/23/2023. | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2030-300/. Beverly Hospital liberally construed the term "initial trial date," ruling that multiple "initial" trial dates could exist where an action restarts after a trial court grants a new trial or declares a mistrial, or after an . The court cannot convert a motion for leave to amend a reply into a motion to extend discovery. Plaintiff may Serve Discovery Questions to Another Party - 10 days after service of complaint. The meet-and-confer efforts should occur with sufficient time before the deadline to bring the motion so that your deadline isn't so short as to seem unreasonable. 7 It does not say after mailing of a document. : TC028262 x1~L;+!qCjb@(Ae{%0 "\s>3HW?a$a8+C~pdozMgW'Un3]Wl8oGg5 4+Y6VJz'5MVFiA[(X+zuWu.a8@J{2$}am[^Hk*,:[{dX;N`b{?6QRUw&'D||@17@(!@{1uKRoNNQfgoi! This section requires the levying officer to mail notice to the judgment creditor that an additional fee is due, and provides a deadline of three business days plus the extended time period specified in subdivision (a) of Section 1013 for service by mail within which to pay that fee. Stay up-to-date with how the law affects your life. Lets take a look at the Specific Exceptions your search may reveal. (CCP 2030.300). Frank W. Chen has been licensed to practice law in California since 1988. CCP 12c: 6 Any party may serve and file an opposition within 10 days after notice is mailed, electronically served, or such later time as the court may specify. On 9/24/15, Plaintiff Arnold Bocanegra initiated this action against Defendant Service By Air, Inc., seeking to collect for services rendered for pickup and delivery of items that Defendant requested. 6 0 obj Legislation that Gov. These cookies ensure basic functionalities and security features of the website, anonymously. California. (Code of Civ. 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. For example, where a party fails to respond to document requests, asserts improper objections and/or fails to produce responsive documents, the propounding party must bring a motion within 45 days from the deadline to respond and/or produce. . The sixteenth court day prior to the hearing is the last possible date that the motion can be filed with the court. << /Length 5 0 R /Filter /FlateDecode >> The Court must impose a monetary sanction on a party who unsuccessfully makes or oppose a motion to extend or reopen discovery, unless: Personal Injury/Property Damage/Wrongful Death - Uninsured Motorist (General Jurisdiction), Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction), 1 California Deadline Calculator. (Subd (e) amended and relettered effective January 1, 2018; adopted effective January 1, 2008 as subd (b); previously amended and relettered as subd (d) effective July 1, 2013; previously amended effective January 1, 2010, and January 1, 2011. But opting out of some of these cookies may affect your browsing experience. 2024.060.). (b)(1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration a) Discovery cut-offs . We also use third-party cookies that help us analyze and understand how you use this website. What facts or witnesses support your side. request and each response in dispute. While the Case is Pending Discovery Deadlines. local rules - central district of california 6/1/2020 chapter i - i . Please file all continuance motions in teacher dismissal cases using the OAH Secure e-Filing . Section1010.6 could be amended to provide: This extension applies in the absence of either of the following in any other statute or rule of court: (i) a specific exception, or (ii) an exception to one or more extensions provided by Section 1013. These amendments would go a long way toward eliminating the pervasive ambiguities with which we currently contend. 623 "The IRS is offering relief to any area designated by the Federal Emergency Management Agency (FEMA) in . When a document may be served by mail, express mail, overnight delivery, or fax transmission, the document may be served electronically under Code of Civil Procedure section 1010.6, Penal Code section 690.5, and the rules in this chapter. The cookie is used to store the user consent for the cookies in the category "Performance". (2) In lieu of a separate statement required under the California Rules of Court, Court-ordered electronic service is not subject to the provisions in Code of Civil Procedure section 1010.6 requiring that, where mandatory electronic filing and service are established by local rule, the court and the parties must have access to more than one electronic filing service provider. The court may decide to grant the motion in its discretion. " The plaintiff then faces different deadlines that apply to amending the complaint, serving new defendants, filing motions for default judgment, or responding to any cross-complaints or motions filed by a defendant. This response can take a number of forms, including one or more of the following: an answer (most common), a demur, a motion to strike, a motion to transfer, or a cross-complaint. Deadlines often depend on whether the documents were served by regular mail, substitute service, facsimile, express mail, email, interstate or international mail, or some other method. The date of the trigger event is excluded. Section 488.460, dealing with safe deposit box attachments. For example, under C.R.C., Rule3.1700, the deadline for filing and serving a memorandum of costs runs from, among other things, the date the clerkmails the notice of entry of judgment. Current as of January 01, 2019 | Updated by FindLaw Staff. Thus, if a witness seeks to limit in-person contact, they may maintain social distancing by testifying via videoconference. What facts or witnesses support their side. Each defendant has 30 days to respond to the complaint. (2) A party's or other person's election to contract with an electronic filing service provider to electronically file and serve documents or to receive electronic service of documents on the party's or other person's behalf does not relieve the party or other person of its duties under (1). ), (c) Electronic service required by local rule or court order. << /Length 18 0 R /N 3 /Alternate /DeviceRGB /Filter /FlateDecode >> ) (People v. Landau (2013) 214 Cal.App.4th 1, 26.) San Diego, California, United States. Discovery is the process of exchanging the information necessary to bring the case to trial. Esquire Deposition Solutions assumes no liability for miscalculation, missed filing deadlines, or any other errors. VS LOCAL INITIATIVE HEAL, Motion for Order Shortening Time to Respond to Propounded Discovery, Motion/Ex Parte Application for Order Shortening Time to Schedule Deposition, Motion for Order Shortening Time to Respond to Discovery Calendar, Motion to Submit Tardy Expert Witness Information. (CCP 12a(generally); CCP 2016.060(discovery procedures).) ), (d) Additional provisions for electronic service required by court order. However, Defendant can propound discovery on the date they were served the Complaint, which would be April 01 in this example and Plaintiffs deadline would be May 01 to respond. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 20 0 obj The time allowed for responding to discovery in an unlawful detainer is only 5 days from the time it is served. . The cookie is used to store the user consent for the cookies in the category "Analytics". Taxpayers "in most of California and parts of Alabama and Georgia" will now have until Oct. 16, 2023, to file their taxes, the IRS said on Feb. 24. Discovery is how you gather the evidence you will need to prove your case as plaintiff, or defeat the plaintiff's case as a defendant. If you fail to add an extension when calendaring the opposing partys deadline, you would, at best, suffer embarrassment were you to contend that they were late. For the most part, deadlines start running fromserviceof some triggering document, e.g., service of interrogatories triggers the deadline for serving the response; service of responses to interrogatories triggers the deadline for serving a motion to compel further responses, etc. the party noticing a deposition may elect to have the court reporter attend the deposition remotely and the reporter need not be . Clearly, then, it behooves anyone who manually calendars deadlines to take a close look at the exceptions. The exception makes clear that you do not add additional time for mail when calculating the response due dates. Rather than amending every Specific Exception, perhaps C.C.P. Tentative ruling: Discovery isthe formalprocess parties use to a case gather information and evidence from each other. COMMENT Rule 6 identical to Fed. The Parties to an action can agree to extend the time for discovery or discovery motions, or to re-open discovery if the trial date is postponed, provided: After the 30-day discovery period, any party can motion to complete discovery. << /ProcSet [ /PDF /Text ] /ColorSpace << /Cs1 7 0 R >> /ExtGState << /Gs1 Plaintiff may serve a deposition notice 20 days after service of complaint. ), The motion must be accompanied by a "meet and confer declaration." Your subscription was successfully upgraded. See, for example, C.C.P. I am not, however, suggesting that you add an extension for everything but mail! 2071 and Fed. After service of the Summons and Petition, the Respondent has 30 days in which to file a Response, or a Motion to Quash the proceedings, per Cal.Rules of Court, Rule 5.62 (note the first sentence reference in 5.62 to C.C.P section 418.10, which is the motion to quash statute). Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (b).) chapter i . Defendant answered the Compla ..eopening discovery in this action, compelling Plaintiff to respond to Defendants outstanding discovery requests (which were due for response on 5/15/16), and sanctioning Bocanegra and/or his attorney in connection with this motion. will be able to access it on trellis. 2024.050(a).) Learn more. Continue to count back from the "primary" calculation, if you need to add time for service other than by hand. the court may allow the moving party to submit a concise outline of the discovery The hard and fast rule with Express Exceptions is simple to follow: do not ever add time when calculating one of these deadlines! (1) Electronic service of a document is complete as provided in Code of Civil Procedure section 1010.6 and the rules in this chapter. Section 2031 it did not bar him from requesting the same documents be brought to a deposition. Opposing motions must be filed at least 9 court days before the court date and replies are due 5 days before the hearing date. Initial Trial Date - Final day to hear discovery motions, including motions to compel, is 15 days before the initial discovery deadline. Thursday, November 23, 2023. Deposition Notices 5.3. . superior court of california county of los angeles . With more than 60 years of combined legal experience we provide personalized, focused representation for our appellate, family law and civil litigation clients. The opposing party has the right to ask questions to learn information. A Party has 30 days to respond to written discovery. The third step is to add days, as required, due to the specific . Subd (k) amended effective January 1, 2022; adopted as subd (e); previously amended effective January 1, 2007, and January 1, 2016; previously relettered as subd (g) effective January 1, 2008, as subd (h) effective January 1, 2011, and as subd (j) effective July 1, 2013; previously amended and relettered as subd (k) effective January 1, 2018.). The plaintiff can begin discovery 20 days after service of the summons and complaint. There are 5 methods of discovery under the Rules: Depositions; Interrogatories (written discovery) Requests for Production (written discovery) Medical exams (if the Plaintiff claims an injury) initially set for the trial of the action. One tactic in serving written discovery responses is to set a response date on the cover page that is beyond the 30 day deadline. SB 1146 codifies Emergency Rule 11 by amending California Code of Civil Procedure 2025.310. What facts or witnesses support their side. (B) Adopting a local rule stating that the court accepts electronic service. The January 1, 2011, amendment made two key changes. Motions to Compel Responses must be filed within 45 days from receiving the responses if they are inadequate. In no case does an extension of the discovery date operate to obligate a court to postpone or continue the trial date. Our Legal Research Guidesand Step by Steps have instructions and samples for many commonly-used forms. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. All discovery must be completed not later than 15 days before the date set for the arbitration hearing unless the court, upon a showing of good cause, makes an order granting an extension of the time within which discovery must be completed. Founded in 1927 by the legislature, The State Bar of California is an administrative arm of the California Supreme Court. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. When Discovery Begins 5.2. "In unlawful detainers, responses are due within 5 days after service of the discovery (rather than the normal 30 days in regular civil actions) on the propounding party's motion." (Rutter Group Practice . Sections1013 and 1010.6. Absent an extension, discovery proceedings must be completed within thirty (30) days before the initial trial date (the "discovery period"). These extensions of time are found in C.C.P. Call us today at (707) 596-6090 or fill out our easy contact form to discuss your case. . No. Feb 2022 - Present1 year 2 months. I have extensive experience in a Project management environment. Second, where the triggering document must bemailed, and the deadline is therefore based onmailing, it would be counter-intuitive to add extra time for mail. This website uses cookies to improve your experience while you navigate through the website. Related Content In The Know: Legal Considerations With Remote Workers. . Code of Civil Procedure CCP 2024.020 states: (a) Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial . The answer is another discovery device. Pro. [CCP 2030.020 (interrogatories . Signed by Magistrate Judge Barbara Lynn Major on 3/2/2023. Some people think they can easily file their own lawsuit and bring the case to trial. Protection of the public is the highest priority of the State Bar. General Deadlines to Complete Discovery. You will find some that only except the extension for service by mail, leaving unanswered whether C.C.P. STATE OF CALIFORNIA CALIFORNIA LAW REVISION COMMISSION 4000 MIDDLEFIELD ROAD, ROOM D-1 PALO ALTO, CA 94303-4739 650-494-1335 NEWS RELEASE Contact: Barbara Gaal . If a deadline falls on a weekend or holiday, the deadline is extended to the next court day. First. Pro. By clicking Accept, you consent to the use of ALL the cookies. In addition to the Express Exceptions, the Extending Statutesalludeto others, providing that the extensions apply in the absence of a specific exception provided by any other statute or rule of court (for ease of reference, Specific Exceptions). Search by Keyword or Citation. (3) An objection to an interrogatory is without merit or too general. A1vjp zN6p\W
pG@ The Court bases the Order After Hearing of this date upon the following Statement of Decision: 2612 The Court finds that neither party has addressed the necessity of Mr. Farkas anticipated testimony, and the Court considers that since the testimony appears to be predicated on Mr. Farkas experiences as a perci ..laintiff did not act with diligence in seeking the disputed discovery as it was within the contemplation of the parties no later than Mr. Farkas previous deposition date in October 2016, and Plaintiff had approximately 6 months to pursue the instant discovery, but instead waited approximately 14 months to perform a simple walkthrough and water test of the ground there appears to be no justifica # 13. Proc. ;--xC0Oh@%BijZhC|p#eV p#a\j LBebm#aq_ Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. The next step is to count either forward, or backward, the correct number of days. Discovery motions must comply with Government Code 11507.7. 2 (a). Current as of January 01, 2019 | Updated by FindLaw Staff. Proc. Usually, motions must be filed and served at least 16 court days before a hearing on the motion. those provisions of Section 1013 of this code which extend the time for exercising a right or doing an act where service is by mail. Again, the specific reference to mail under Section 1013 might make one wonder what happens when service is by fax, overnight mail, or electronic service, but there is actually an answer to this one. Contact us. The Court set a hearing date for Defendant Marianne Strauthers Motions to Compel Plaintiffs Form and Special Interrogatories, Request for Productio ..her (erroneously named and sued as Marianne Straughter) (Strauther). At Evans Kingsbury LLP, we are civil litigation attorneys with decades of trial experience. Sacramento, CA 95814 (Code of Civ. Southern District. If you dont understand the rules, one misstep or mistake can be fatal to your case. (Subd (f) amended and relettered effective January 1, 2018; adopted as subd (c) effective January 1, 2008; previously amended and relettered as subd (e) effective July 1, 2013; previously amended effective January 1, 2011.). . The parties filed a consent motion to modify the scheduling order, and on June 11, 2018, the court granted the motion and extended the discovery deadline to August 10, 2018. California Code of Regulations, 1020. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Also, almost every rule and deadline have exceptions that may or may not apply to your case. This response may be an answer, an answer and a cross-complaint, or a motion. (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion About. Proc., 2024.020, subd. Plaintiff may serve a deposition notice 20 days after service of complaint. The Timeline for Discovery in California Civil Cases. The revised statute however, allows for any party to attend the deposition in person, which could result in conflict between a witness who wants to socially distance and a party or attorney who wants to be in the room where testimony is being taken. Proc. 912 more analytics for Jeffrey Y. Hamilton, Jr. Ex Parte Application - Notice Required - Notice of Ex Parte Application an, Clerk's Certificate of Mailing - I certify that I am not a party to this c, Angel Salazar Almeraz vs. General Motors LLC, Opposition/Objections - Opposition to Ex Parte Appl to Extend the Non-Eper, Notice of Ruling - NOTICE OF ORDER RE: PETITION TO OPEN UNDERINSURED MOTOR, AMERICAN STATES PREFERRED INSURANCE COMPANY VS PAMELA MOECK, Order - COURT'S ORDER RE: PETITION TO OPEN UNDERINSURED MOTORIST DISCOVERY, Ex Parte Application to Cont Hearing Date, Bollinger Decl ISO Motion to Complel Discovery, PACHECO VS G4 FARM LABOR SERVICE, INC., A CALIFORNIA CORPORATION, Informal Discovery Conference; Filed by: PRIME HEALTHCARE SERVICES ALVAR, PRIME HEALTHCARE SERVICES ? You can find the Specific Exceptions by searching the Code of Civil Procedure and the Rules of Court for references to C.C.P. Period. You also have the option to opt-out of these cookies. All discovery must end 30 days before the trial. (1) Notwithstanding (e), parties and other persons that have consented to or are required to serve documents electronically are responsible for electronic service on all other parties and other persons required to be served in the case. Section 1094.6 provides that Subdivision (a) of Section 1013 does not apply to extend the time, following deposit in the mail of the decision or findings, within which a petition shall be filed. Given that the decision is supposed to be mailed, however, Section 1013 is probably not applicable in the first place, making the exception superfluous. (1) A court may require parties to serve documents electronically in specified civil actions by local rule or court order, as provided in Code of Civil Procedure section 1010.6 and the rules in this chapter.