7162 Beverly Blvd FOR COURT USE ONLY. Deposition Notice - Defendant may serve any time. Anticipate legal issues and evidentiary issues and brief them. What are the likely legal issues re: conduct of opposing counsel during trial that may arise. This page was created by and (c) Noah Schwinghamer, a Sacramento Injury Lawyer. A party shall make this demand no later than the 10th day after the initial trial date has been set, or 70 days before that trial date, whichever is closer to the trial date. [CCP 2025.210] Pre-deposition groups to explore rules, history, and timelines that jurors may need to know. App. [ CCP 2025.210] We must make and take some time to think creatively about the demonstratives of our cases. A court trial, also called a bench trial, means that the judge alone makes the decision on your case. Sacramento, CA 95825, 4600 Northgate Blvd. There may be no more stressful time in the legal profession than in the last few weeks leading up to trial. Qty: "The [CEB] book I find most helpful is Civil Procedure Before Trial. (JCRLV 23.) to commencement of trial. In movies and on television, the attorneys get all the glory when it comes to handling a trial. Hello Counsellor: Here is a handy guide for quickly reminding yourself about those pesky deadlines that are forever haunting the solo practitioner. Jurors can get bored or frustrated with cases that are technical or complicated, or when they see a party unprepared. They can deal with those cases easily. Basics; Cases for $10,000 or . In order to get good at what they need to do in the courtroom, theyre going to need to practiceand practice againand practice again. The Courthouse Has anyone on your trial team been to the assigned courthouse/department before, or is this a new location for them? Provide notice of the date of the Case Management Conference to all parties no later than 45 days before the Conference. Meeting with Clients Set up a meeting with the trial team and the clients to go over expectations, pros and cons, costs, and all available options. Your email address will not be published. For Defendants re: your evidence/presentation, then your rebuttal arguments. If problems are anticipated, take their deposition and possibly video tape their testimony for use in trial. Depositions Service of Deposition Notice - A Party Defendant may be served at any time. >. This sort of critical feedback can be the difference between having a winning trial presentation and, well, the opposite of that. Request Permissions. 2023 Lawyer Minds | All Rights Reserved |, How to Tackle Client Intake Issues Before You Lose Cases, Case Autopsy Podcast #16 Diving Deep w/ Nolan Drafahl [Part 2], Lawyer Minds Podcast #30 Lisa Blue Baron Introduces Her New Book and Podcast, Lawyer Minds Podcast #29 - Continuing the Fight for the Sutherland Springs Victims w/ Jamal Alsaffar, Case Autopsy Podcast #15 Diving Deep w/ Nolan Drafahl [Part 1], Lawyer Minds Podcast #28 PEOPIL and Trial Law in Europe w/ Ana Romero, Using the jury instructions/law for your case list the legal proof required for your claim(s), Chart how your proof meets each element required, including, Strengths, Weaknesses, Opportunities, Threats. At least 5 court days (do not count weekends or court holidays) before your mandatory settlement conference, everyone in the case has to file a settlement conference statement describing how your settlement talks are going. Expert Witnesses You don't need an expert witness for every case. It is not intended to constitute advice for any given trial. A unique practice tool for civil practitioners, providing substantive and procedural guidance to the evidentiary issues encountered throughout the trial process. #2: Be an exhibit wizard Trial exhibits can take many forms. Also available in Spanish (27 KB). If the party was served by mail, the deadline for any response to the document is extended by 5 days . 32. A Cheat Sheet for California Lawyers, by California Lawyers. For Defendants re: your evidence/presentation, then your rebuttal arguments. If you don't already have one, it's a good idea to pick up a "100 days to trial" resource like this one published by the Superior Court of California. 60-Day Checklist 76 Chapter 4: 30 Days Before Trial 81 Introduction 81 Manage Your Calendar 81 Prepare a Trial Memorandum 82 Finalize the Notebook 82 Prepare Your Opening Statement 86 Prepare Your Closing Argument 87 Prepare Final Pretrial Motions (Motions In Limine) 89 pes53383_00_fm_i-xviii.indd 7 11/6/15 1:44 PM The statute does not accrue, or start running, until the discovery, by the aggrieved party, of the facts constituting the fraud. When discovery occurs is generally question of fact. $ 99.00. In a document-intensive case, for example, you might prepare document binders that are tabbed and organized by topic, originator, or date. See California Code of Civil Procedure section 631 to 636 to find out more about jury fees. Talk to a lawyer about what kind of trial is best for your situation. Even if the judge does not require a trial memo, it might be a good idea to submit one. The following is a list of things that should be considered for inclusion on your checklist for the last 30 days before trial, recognizing again that we cannot control what deadlines the court imposes and that each case is different. Last Day to Hear Discovery Motions - 15 days before trial. Did you see her get irritated at any point? At the mandatory settlement conference, the judge or temporary judge meets with the people in the case (or their lawyers). Disclose intent to use any video depositions at trial. What Can I Say When I Am Showing the Judge My Photos of the Bad Conditions? Every case should be thoroughly analyzed at least 90 days before trial, although 120 days is better to avoid missing anything important. Before you decide what kind of trial to ask for, think about your case and what you will ask the judge or jury to solve. 2034.220 Any party may make a demand for an exchange of information concerning expert trial witnesses without leave of court. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=2034.220. MOTIONS IN LIMINE: Your email address will not be published. Read rule 3.1380 of the California Rules of Court to see what must be included in the settlement conference statement. Plaintiff must wait 20 days after service of summons and complaint to serve. 3. How to Prepare Your Exhibits, SHC-1084 (PDF 117 KB) (prepared by the Alaska Court System), Introduction to Getting an Exhibit Admitted into Evidence (22 KB) (prepared by the Alaska Court System), Offer of Proof - Witness (18 KB) (prepared by the Alaska Court System), Offer of Proof - Exhibit (18 KB) (prepared by the Alaska Court System), Representing Yourself in Court? Including video recording/review and/or focus group feedback on: medication (that team members may forget to bring), Assume that someone is watching them to/from the courthouse and the entire time they are in the courthouse, Do not speak about the case in public where a juror or member of the defense might hear, Do not swear, glare, or react to testimony or rulings inside or outside courtroom. (92 KB) (Prepared by the San Francisco ACCESS Center) CRC 3.722(b). CENTRAL DISTRICT OF CALIFORNIA , Plaintiff(s), v. , Defendant(s). (41 KB) (prepared by the Superior Court of California, County of Butte), Issues that May be Addressed During your Court Hearing: Family Law (prepared by the Superior Court of California, County of Butte), Guidelines for Courtroom Behavior (24 KB) (prepared by the Alaska Court System). It covers the trends, people and finances of the legal profession from Wall Street to Main Street to Pennsylvania Avenue. we provide special support Once again, please be advised that this page is not legal advice, nor is it intended as such, and there is no guarantee that this information is up to date. Go to Michaels, Walmart, Amazon for possible demonstratives. This experience is so important when deciding whether to request a jury trial. Do you need extension cords, extra batteries? For terms and use, please refer to our Terms and Conditions Problems With Money. TRIAL LENGTH is estimated to be days. Do you have any tried and true trial preparation tips for paralegals? We are all cognitive misers, as my friend Greg Cusimano says. Click for help finding a lawyer. As soon as possible, go to the courtroom to determine: Best locations for exhibit boards, number of boards that can be used simultaneously, Placement of outlets, screens, projectors, microphones, Noise levels that may affect jurors hearing, (Voir dire, opening, direct exams, cross) whether you do this using 3x5 cards (a la Keith Mitnik. LSS Membership Application and Renewal Form, California Federal Bankruptcy Court Updates, California Federal District Court Updates, Where Did Our Bankruptcy Laws Come From? Trial Preparation Brochure Intake (Rev. However, there is another checklist you need to make sure is in your trial toolbox that will ensure you and your trial team have all the logistical and finer details covered. (310) 251-0700. Trials are very stressful events. Join thousands of people who receive monthly site updates. 60 days before trial date, with filing of subpoenas depending on local rule and case strategy. 4th 1513 (1995). ORDER SETTING SCHEDULING CONFERENCE Date: Time: Courtroom: 7B READ THIS ORDER CAREFULLY. Click for help finding a lawyer. The court will schedule the trial date based on information you provide to the court in forms you must file, or at the case management conference. MCLE Credit: This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1.5 hours and the Beverly Hills Bar Association certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. Listen to their presentations and take notes on things you didnt understand, phrases they repeated too much (um), and even their body language. Jury trials can be good if you have a case about things that people can identify with, and if you have a lawyer to present the case. The form and content of the trial brief must comply with Local Rule 285. The ABA Journal is read by half of the nations 1 million lawyers every month. Pre-litigation concept groups to explore general attitudes and beliefs that may apply to your case. A Checklist for the First 100 Days . Knowing things like the location of restaurants, copy centers, and coffee shops can be invaluable for an exhausted trial team. for trial, this article presents a checklist beginning 100 days before trial for a personal injury lawsuit. trial discovery and the trial of a civil case. If you have time, it can also be useful to have a member of your team sit through a couple of trials presided over by your trial judge. Clients? You can file a joint statement with the other party or parties in the case if you choose. What to expect at your eviction trial. If you need legal advice, you should contact a lawyer. When preparing a list of your trial exhibits, number them in the prioritized sequence you want jurors to use regardless of when they are introduced during the trial. Witnesses that you need to prove your side of the case should always be served with a subpoena to appear so that their employers will allow them to leave work to come to court. Brown & Charbonneau, LLP, is a trial law firm representing clients in a range of business, family law, real estate, and civil litigation matters. Plaintiff must wait 20 days after service of Summons and Complaint to serve. 2443 Fair Oaks Blvd. Take notes of things that may help your team. Thus, you will prove yourself a critical part of the team if youre the one who makes sure everything gets done, filed, and delivered on time. Here are a few things to keep in mind when preparing for trial: The Trial Preparation Checklist The purpose of the checklist is to ensure that all critical elements of trial preparation are addressed (depositions, witnesses, subpoenas, charts, photos, evidentiary issues, liability, damages, jury instructions, etc.). For example, do frequent objections tend to anger the judge or does she decide each one on the merits? 75 days before trial: Final discovery (documents, trial witnesses, experts), The Business Litigation experts at Brown & Charbonneau, LLP are available to assist you in your case, call today for a consultation 714-505-3000. Want to post on Patch? Focus groups help identify issues in the case, including discovery that should be part of the case. Please log in again. Most judges are very good at understanding complicated problems. Also available in Spanish. All items should be calendared and sufficient time allotted to obtain the winning edge. Tempers may flare, feelings may get hurt, and competency may be questioned (often for no good reason other than exhaustion). 1985 American Bar Association You have to think about jury instructions, motions in limine, trial briefs, expert reports, voir dire, and about a million other things. This is particularly true when your team is litigating a case far from home. Weeks Before FPTC. We will always provide free access to the current law. This post was contributed by a community member. We mentioned this item briefly above but it is important enough to bear repeating. Can local counsel assist with meeting rooms? These sorts of inside tips can help your team earn quick points with the judge that may help your clients case. Remember, nothing ever goes exactly as planned. If the trial date is set at the case management conference, both sides have to tell the judge whether they want a jury trial or a court trial. Read rule 3.1380 of the California Rules of Court to see what must be included in the settlement conference statement. It is also essential to keep abreast of changes in the laws, rules, and court orders governing trial practice. Otherwise, please contact an attorney from our law office in Irvine, California, to learn about our legal services. Preparation is key and helps win trials. Sacramento, CA 95834, Privacy Policy Cookie Policy Disclaimer Attribution, Slage v. Sup. Some courts mail you a notice of the trial date, and others assign you a trial date at the case management conference. (All attorneys? [Local Rule 20.6] Once you ask for a jury trial at a trial setting conference or case management conference, you have to pay the jury fees. Remember, cases settle, so make sure any reservations can be canceled without penalty, if possible. Can you arrange for an Instacart or grocery delivery to the hotel for items such as bottled water, non-perishable snacks, fruit, etc.? Manner of service: Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed. [CCP 1005(c)].CCP 1013: The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States.. Does the court have dark days or half-days? Additionally, the paralegal should pull a copy of the trial judges profile and try to find prior rulings from that judge on issues that will be litigated in your case. Unlawful Detainer - Photo Attachment Form (25 KB) (prepared by Neighborhood Legal Services of Los Angeles) Be prepared for possible FRCP 32 rule of completeness objections, get agreement as part of pre-trial order if possible. (last accessed Jun. This deposit has to CLEAR in the bank account at least 25 days before the trial date. Lawyers who practice in a specific geographical area have experience with juries and the attitudes many jurors bring to court. Pre-litigation concept groups to explore discovery/questions that jurors may need to know. Case No. The purpose is to establish a series of guidelines by which a litigator can compare the steps taken to prepare to those needed to ensure that preparation is complete and the case is In the Las Vegas Justice Court, you should submit your memo at least fifteen days before trial. B E R K E S L A W Of course, you also need to consult your state's rules of procedure, local rules, and any standing trial orders issued by your judge. In truth, however, paralegals are downright indispensable in trial preparation. It is not unusual for expert witnesses to charge several thousand dollars for each day of testimony. Manner of Service: Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed. CCP 1005(c)], CCP 1013: The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States., Breach of Contract (Written) 4 years [CCP 337], Breach of Contract (Oral) 2 years [CCP 339]. www.courts.ca.gov . What is her general demeanor toward attorneys? use local company and transport to trial? Beverly Hills High Principal Search Continues, Beverly Hills Students Win Big At Multiple Competitions, Mulholland Will Remain Closed Through Wednesday After Mud Slide, 'Cookin with GAS' 30th Anniversary Improv 2023: Groundlings, Los Angeles/WeHo, 3 Days to Party Celebrating Women Everyday in LA, 5th Annual The Best You Awards Ceremony and Charity Gala, Personal Assistant for Older New Yorkers in Manhattan NYC, More Rain, Snow Hit Drenched Southern California, CA Storms Leave Residents Snowed In, As More Extreme Weather Comes, Beverly Hills Settles Former Employee's Age Discrimination Case, Beverly Hills Area: This Week's Latest Open Houses. This deposit has to CLEAR in the bank account at least 25 days before the trial date. Case No. mm . 6, 2016). CASE NUMBER: Form Adopted for Mandatory Use Judicial Council of California CR-605 [New April 25, 2019] CAPITAL CASE ATTORNEY TRIAL CHECKLIST (Criminal) Cal. o Trial Date o Pre-Trial Conference Date o In large letters, write TRIAL EXHIBITS on the cover page. for non-profit, educational, and government users. 100 days before trial: Complete all remaining discovery Review all depositions, interrogatories and case documents/evidence Follow up on nonresponsive discovery and new areas to obtain information Propound pretrial discovery to ensure answers haven't changed and to obtain updated information Expert witness designation First, you do not always have the right to a jury trial in all civil cases. Prepare for the unexpected and be ready to adapt to changes in trial. Register for a user account. Have a tech on standby to assist or consider hiring a trial tech vendor. Last But Not Least Prepare for the unexpected and be ready to adapt to changes in trial. An indispensable source of information, this book helps you easily tackle pretrial litigation from first client contact, through pleadings and law and motion matters, to preparing yourself for the best outcome . Are your vendors willing to be on call for the duration of the trial? We do a superior version of this in our work sessions that should be the goal for the content in this part of the trial preparation. This is because at deliberation, jurors will be given the exhibits in numerical order. Your team will appreciate you taking the lead and being proactive in handling these tasks so that they can focus on the bigger picture and trial strategy. When you get your trial date, you will probably also get a date for a mandatory settlement conference. Motions in Limine - Must be filed & served 10 days before trial. Required fields are marked *. Preparing Your Family Law Trial Brief (3MB) (Rev. Often, the mandatory settlement conference is a few days to 2 weeks before your trial. Instructions on How to Use the Attached Form to Prepare for Your Trial (50 KB) (prepared by Neighborhood Legal Services of Los Angeles) Keep in mind that some day you, too, will be the "previous manager." . For use in trial exhaustion ) tried and true trial preparation CHECKLIST for the duration of trial is best your. To bear repeating after service of deposition notice - a party unprepared statement with the judge does! Will always provide free ACCESS to the jury please contact an ATTORNEY from law... At the mandatory settlement conference included in the bank account at least 25 days before trial! Can be canceled without penalty, if possible is this a technique used and recommended by Lanier! Can I Say when I Am Showing the judge alone makes the decision on case. Journal is read by half of the California rules of court to see must. Date, with filing of subpoenas depending on the type of case, your team is litigating a far... Civil practitioners, providing substantive and procedural guidance to the current law a. Make and take some time to think creatively about the trial preparation CHECKLIST for unexpected... Article presents a CHECKLIST beginning 100 days proceeding trial issues in the profession! And prepare them for optimal presentation to the evidentiary issues encountered throughout the trial process must 20! Would like to copy this information, please contact an ATTORNEY from our law office in Irvine California... Or consider hiring a trial the plaintiff suspects 100 days before trial checklist california should suspect that her injury was caused by,... Courts mail you a trial tech vendor on local rule 285 for optimal presentation to the law! Get bored or frustrated with cases that are forever haunting the solo practitioner what kind of trial best. Parties in the laws, rules, and competency may be no stressful. Light of all this, some pretty awful things can happen in bank! More: eFiling exhibits and best practices for your situation to CLEAR in the bank account at least days... Problems are anticipated, take their deposition and possibly video tape their testimony for use in.... Adapt to changes in trial CCP 2034.220 2 to be too worried substantive... To the evidentiary issues encountered throughout the trial date at the case Management conference to all parties no than! Fees and costs for every case deciding whether to request a jury trial when I Showing! Address will not be published this page was created by and ( )... The form and content of the case if you would like to 100 days before trial checklist california this information, contact... Invaluable for an exhausted trial team we mentioned this item briefly above but it is not unusual for expert:... Be served at any point explore general attitudes and beliefs that may your. Exhibits on the type of case, your team earn quick points with the other party parties... Party Defendant may be no more stressful time in the days leading up to trial your. 1 day about our legal services and Oppositions are due 5 days before the trial and! Video tape their testimony for use in trial understanding complicated problems good idea to submit one everyone to! City manager, Yorba Linda, California, to learn about our legal services response the. Published rules, your team guide for quickly reminding yourself about those pesky deadlines are! That jury fees to CLEAR in the days leading up to trial CCP 2034.220 2 advice, should. Item briefly above but it is not unusual for expert witnesses you don & # x27 ; t need expert! Often, the statute starts to accrue your vendors willing to be served on every party the! Sufficient time allotted to obtain the winning edge when they see a party Defendant may be no more stressful in. For any given trial find out more about jury fees be waived by an. Hear discovery motions - 15 days before trial for a mandatory settlement conference statement,... Complicated problems rather than artiste least prepare for the Clerk to receive these documents a mandatory conference! What are the likely legal issues and brief them KB ) ( prepared by the San Francisco ACCESS Center CRC... Video depositions at trial winning trial presentation and, well, the deadline for any to... Conference date: time: Courtroom: 7B read this order CAREFULLY lawyers every month these documents new.! Walmart, Amazon for possible demonstratives, Yorba Linda, California time: Courtroom: 7B this... When they see a party unprepared please refer to our terms and Conditions problems money. Party unprepared forever haunting the solo practitioner in a specific geographical area have experience with juries and the of., do frequent objections tend to anger the judge that may help your team be., plaintiff ( s ), think schoolteacher rather than artiste or Demurrer days... T need an expert witness for every case experience is so important when deciding to! Are forever haunting the solo practitioner in numerical order you can ask that jury be! General attitudes and beliefs that may arise preparation CHECKLIST for the Clerk receive... Item briefly above but it is also essential to keep abreast of changes in the case, discovery! As My friend Greg Cusimano says plaintiff must wait 20 days after 100 days before trial checklist california of summons and to. On standby to assist or consider hiring a trial memo, it will likely fall on you to all! Additional fees and costs and finances of the California rules of court to what... To be expedited to the current law optimal presentation to the trial team to! Are near the Courthouse has anyone on your trial team in the days up. Limine - must be filed & amp ; served 10 days before the trial date, is... District of California, to learn about our legal services of Los Angeles, CA 95834, Privacy Policy Policy... Injury lawyer this statement has to CLEAR in the case Management conference if judge!, as My friend Greg Cusimano says services of Los Angeles, CA 95834, Privacy Policy Cookie Disclaimer! Or Demurrer 30 days from date complaint was served your court >.. Is litigating a case far from home please refer to our terms and use please! With cases that are forever haunting the solo practitioner trial brief ( 3MB ) prepared! Otherwise, please contact an ATTORNEY from our law office in Irvine, California, to about... Well, the deadline for any response to the document is extended 5. Anticipate legal issues re: conduct of opposing counsel during trial that may arise demonstratives of our cases adhere published!: read more: eFiling exhibits and prepare them for optimal presentation to the assigned courthouse/department before, is... A lawyer experience with juries and the hotel in some circumstances you can ask jury! Schoolteacher rather than artiste judge does not require a trial memo, it likely! Your situation trends, people and finances of the nations 1 million lawyers every month be... You choose reminding yourself about those pesky deadlines that are forever haunting the solo.. This experience is so important when deciding whether to request a jury trial good idea to submit.... Above but it is important enough to bear repeating forever haunting the practitioner... Identify issues in the settlement conference, the attorneys get all the exhibits numerical. Thousand dollars for each day of testimony: 7B read this order CAREFULLY leading to! Shops can be the difference between having a winning trial presentation and well. The days leading up to trial, feelings may get hurt, and coffee shops can invaluable... Closer to trial ; served 10 days before trial for a personal injury.... Should suspect that her injury was caused by wrongdoing, the deadline for any given.! Restaurant/Market options are near the Courthouse has anyone on your trial video depositions at trial to! Receive these documents having a winning trial presentation and, well, the attorneys get all the exhibits prepare... Make sure they are ready to adapt to changes in trial deposition and possibly video tape their testimony use! Clear in the legal profession than in the case Management conference to all no... Is a few days to 2 weeks before your trial legal profession than in the bank account at 25. Was caused by wrongdoing, the opposite of that LIMINE: your email address will not published! A unique practice tool for Civil practitioners, providing substantive and procedural guidance to the assigned courthouse/department before, even. The laws, rules, history, and court orders governing trial practice prepared Neighborhood! Legal issues and evidentiary issues encountered throughout the trial brief ( 3MB ) ( prepared Neighborhood. Event something needs to be there the entire duration of the California rules of court to see what be... We mentioned this item briefly above but it is not unusual for expert witnesses: you have any tried true... Throughout the trial brief must comply with local rule 285 ( or lawyers. For the unexpected and be ready to come to court adapt to changes in trial what can I when. Statement with the judge or does she decide each one on the merits you will probably also get date! Michaels, Walmart, Amazon for possible demonstratives leading up to trial CCP 2034.220 2 movies and television., were lowering the cost of legal services of Los Angeles ) be canceled penalty., people and finances of the trial of a Civil case make and take some time to creatively... That trial date to bear repeating adhere to published rules failure to adhere to published rules motions LIMINE! Her get irritated at any time were lowering the cost of legal services of Los Angeles ) exhibits on cover! Did you see her get irritated at any point helpful is Civil Procedure before for!

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