One for you and another for the other party or witness. If a vendor requests, the party must transmit a copy of the order granting the fee waiver to the vendor. If none is timely filed, Plaintiff may request entry of OLVERA, et al. In-person appearance. Proc. (2) If after receiving notice from another party as provided under (1) a party that has not given notice also decides to appear by telephone, the . Filing a copy with the court before the hearing is not required, but it can be helpful if the other party files written objections. Plaintiff failed to appear at the July 23, 2018 Case Management Conference (CMC). jor: IRVINE sTATECA zip. you can contact the court clerk directly to set it up. that the same procedures for making a record apply to in-person and telephonic <>/Metadata 601 0 R/ViewerPreferences 602 0 R>> Again, explain why you are objecting and what documents you are objecting to bringing to your hearing. These apearnces were made by Defendant in person, by telephone, and through counsel (who subsequently withdrew.) Under subdivision (h)(6), good cause should be construed consistent with the policy in (a) and in Code of Civil Procedure section 367.5(a) favoring telephone appearances. So, you can avoid an extra trip to the courthouse to have the clerk file or process it. the LPMT Sections Executive Committee. A deponent must appear as required by statute or as agreed to by the parties and deponent. (3) Court may permit appearances by telephone. 5 CASE NO. Except as ordered by the court under (f)(2) and subject to (d) (regarding ex parte applications) and (h) (regarding notice), all parties, including moving parties, may appear by telephone at all conferences, hearings, and proceedings other than those where personal appearances are required under (e). speak in person. matthew.moran@roll.com E-FILED Subdivision (d). 4 2023 California Rules of Court. In courts using a telephonic tentative ruling system for law and motion matters, court notification that parties must appear in person may be given as part of the court's tentative ruling on a specific law and motion matter if that notification is given one court day before the hearing. (2) In addition, except as permitted by the court under (f)(3), a personal appearance is required for the following persons: (A) Persons ordered to appear to show cause why sanctions should not be imposed for violation of a court order or a rule; or. Central Violations Bureau - Federal Ticket, Requests to Use District Court Facilities, Link Your CM/ECF Account to Your PACER Account, Electronic Filing and Case Access for Attorneys, Electronic Filing and Case Access for People Without Lawyers, Hardware and Software Requirements for Electronic Filing, Problem with PDF documents created on Mac Operating Systems, Hearing Access Request Form for Criminal Duty Proceedings, Guidelines for Zoom Courtroom Proceedings, Checking Status / Confirming Reporting Instructions, Direct Assignment of Civil Cases to Magistrate Judges, Pro Bono Limited-Scope Representation Pilot Program, Procedures for Recovering Out-of-Pocket Expenses, Policy for Reimbursement of Out-of-Pocket Expenses Incurred by Court-Appointed Pro Bono Counsel. Have someone 18 or older mail or hand-deliver a copy [not the original!] Unauthorized use and/or (2) In unlawful detainer proceedings, why the notice given is reasonable. Subdivision (h). twolfson@ahdootwolfson.com Notice of Appearance or Withdrawal of Counsel | Central District of 230649) by Superior Court of CA, To make sure the other party has to come to court and/or bring certain documents, you have 3 main options. (1) Except as permitted by the court under (f)(3), a personal appearance is required for the following hearings, conferences, and proceedings: (A) Trials, hearings, and proceedings at which witnesses are expected to testify; (B) Hearings on temporary restraining orders; (F) Hearings on petitions to confirm the sale of property under the Probate Code. Any party may take an oral deposition by telephone, videoconference, or other remote electronic means, provided: (1) Notice is served with the notice of deposition or the subpoena; (2) That party makes all arrangements for any other party to participate in the deposition in an equivalent manner. : 212.351.4000 / Fax: 212.351.4035 Reviewed By: Desiree Alfaro California Rules of Court: Title Three Rules possible. (Vann v. Shilleh (1975) 54 Cal.App.3d 192, 199.) To improve access to the courts and reduce litigation costs, courts should permit parties, to the extent feasible, to appear by telephone at appropriate conferences, hearings, and proceedings in civil cases. 2023 California Rules of Court. RA-010 If you have to wait, you may want to be Serve a copy of the CivilSubpoenaon the person you want to come to court. !YqeH$>`@>G_nM0o?KSZHA{ZC@UVK?0# %iR8A `#UYfy[6/n_^cWwJrgo8ssU7sXc;'/=os#]w# 6Q:&\ml{9$n7nRAN}5vdm[Ocu 1X643Ri|UioFV !.D7eSx+}1w[jn6M@`a8f=aJb.|5D45(nDRGjI4aJh>&0Y *.~sD [Additional counsel on signature page] If you also want the witness to bring papers to the hearing (or trial), usea blankCivil Subpoena (Duces Tecum) (Form SUBP-002) instead. We will email you Ultimately, the judge will make the decision about whether to order you to go to court and/or bring the documents in question. Appearance by respondent (a) Use of terms . A general appearance occurs when the defendant takes part in the action or in some manner recognizes the authority of the court to proceed. (a)Method of notice. Upon receipt of this notification, your appearance will be noted as telephonic and you will not receive any further communication from the court. (Elston v. City of Turlock (1985) 38 Cal.3d 227, 233 (superseded by statute on other grounds).) rahdoot@ahdootwolfson.com If not, follow the courts honor) when there is a pause and you need to speak, but remember that the (2) If after receiving notice from another party as provided under (1) a party that has not given notice also decides to appear by telephone, the party may do so by notifying the court and all other parties that have appeared in the action, no later than noon on the court day before the appearance, of its intent to appear by telephone. If you need a court reporter at the hearing, be sure to make On the subpoena form, write in the full and correct name of the other party or witness. Rules of Court, rule 3.670(h)(1)(B).). Plaintiff Lisa Bliss asks the Court to enter the default of Defendant David Jackson. A demurrer filed in California state court is the procedural equivalent of a federal motion to dismiss under Rule 12 of the Federal Rules of Civil Procedure (FRCP) ( Swahn Group, Inc. v. Segal, 183 Cal. Return theSubpoenato the clerk before yourhearing (or trial). . Ex Parte Motion in California Superior Court--At A Glance - SmartRules This rule does not apply to criminal or juvenile matters, and it also does not apply to family law matters, except in certain respects as provided in rule 5.324 relating to telephone appearances in proceedings for child or family support under Title IV-D of the Social Security Act. (2) Court may require personal appearances. 4. Heres what you need to know if youre planning to make a telephonic court appearance. Check located somewhere you can work. v. WILLIAMS, et al. (5) If a party that has given notice that it intends to appear by telephone under (1) subsequently chooses to appear in person, the party may appear in person. New York, NY 10166-0193 on 3/3/2022 9:04 PM You can always see your envelopes Be sure to make at least 2 copies of the proof of service. The Court ordered the matter dismissed for lack of prosecution. If the notice is in writing, it must be given by filing a "Notice of Intent to Appear by Telephone" with the court and by serving the notice on all other parties by any means authorized by law reasonably calculated to ensure delivery to the parties no later than 2:00 p.m. or "the close of business" (as that term is defined in rule 2.250(b)(10)), whichever is earlier, on the court day before the appearance. Your alert tracking was successfully added. ( Subd (a) amended effective July 1, 2020 .) by clicking the Inbox on the top right hand corner. Rules of Court, rule 3.670(h)(1)(B).) parties. On May 31, 2016, the Court (Judge Goodman) denied the motion. You must normally notify the court Alan Leeth, CA Bar #199226 Tells the court that you or a witness intends to appear at a court proceeding remotely, either by telephone or video, rather than in person. dont ramble on. Rule 3.670 amended effective January 1, 2023; adopted as rule 298 effective March 1, 1988; previously amended and renumbered as rule 3.670 effective January 1, 2007; previously amended effective January 1, 1989, July 1, 1998, January 1, 1999, July 1, 1999, January 1, 2001, July 1, 2002, January 1, 2003, January 1, 2008, July 1, 2011, July 1, 2013, January 1, 2014, January 1, 2016, January 1, 2019, and January 1, 2022. The Court was under the impression that the matter had been resolved and the plaintiff was awaiting signed settlement papers. App. Shawn Golden vs Ford Motor Company et al. You can use the Request for Order (Form FL-300). Even if the applicant has not complied with (1), except as ordered by the court under (f)(2) and subject to the provisions in (h), parties opposing an ex parte order may appear by telephone. The use of e-signatures will be added to this list by circulating order. Someone 18 or older not involved in the case must mail or personally deliver a copy of the Notice to Attend to the other partys lawyer (or to the other party, if he or she does not have a lawyer). There are no remote appearances fees for criminal, traffic, juvenile, restraining orders, any party with a fee waiver, or in any case where filing fees are not required. If the other side does not show up or just his or her lawyer appears, the judge may still be able to make the orders you request based on information that the court receives from other sources, including information that you provide. 2 mohammed.g.aly@gmail.com, Unlimited Civil Business Tort/ Unfair Business Practice, 1 3d 501.) If the defendant confines its participation in the action to objecting to lack of jurisdiction over the person, there is no general appearance. k!JL,%$_a "2Q`f)+5Y=$R,-*@Kh_l-(VIOg-b$/:e9 ksbr`iU(v-[V .3WCIG#b:JJEyc4PA vVU(pJ!SPKLL?;C,vMjql4:dn@u2K@,oPW-2Usp -.#s&4Q E;C ), The statutory list contained in 1014 of what constitutes an appearance is not exclusive. Remote Appearances are guided by Local Rule 1.1.19. x\SH~a-,U,[Iew W[#K6=c34G)&ys|4M>c. . % In accordance with the provisions of Rule 10.613 of the California Rules of Court, the Superior Court Judges have revised and updated specific sections of the Uniform Local rules of the Marin County Superior Court.. Read More: Public Notice Local Emergency Rule: Addressing Bail (Local Emergency Rule 2.03.1) Posted 12/28/2021 In response to the COVID-19 pandemic, many California superior courts are encouraging attorneys to appear by telephone for certain civil hearings, while in some areas courts have rescheduled most hearings or closed their doors altogether. Click on any of them to learn more. (Peltier v. McCloud River R.R. TENTATIVE ORDER 18575 Jamboree Road, 9th Floor Reviewed By: Y. Chavez (Subd (c) amended effective January 1, 2014; previously repealed and adopted as subd (b) effective July 1, 1998; previously amended effective July 1, 1999, and January 1, 2003; previously amended and relettered as subd (c) effective January 1, 2008. Give your reasons for your objections to the Subpoena and what it is asking for. Instead, you can use a Notice to Attend Hearing or Trial. Defendant breached by, among other things, failing to timely return the deposit and failing to adequately document a proper basi ..endant was served via his counsel by mail the same day. (Subd (b) amended effective January 1, 2022; previously amended effective January 1, 2007, and January 1, 2016.). (1) Written notice of such appearance is served by personal delivery, e-mail, or fax at least five court days before the deposition; (2) The; party so appearing makes all arrangements and pays all expenses incurred for the appearance. endobj Special Education Rights for Children and Families, situations when the Notice to Attend Hearing or Trial may help you, learn about subpoenas for business records, Notice to Attend and Bring Documents template, If you want to file a Notice to Attend Hearing or Trial, click to, If you have received a Notice to Attend Hearing or Trial and want to object, click to, If you want to file a Notice to Attend Hearing or Trial and Bring Documents, click to, If you have received a Notice to Attend Hearing or Trial and Bring Documents and you want to object, click to. prepare your argument. Proc. 301058) on 10/12/2022 11:51 AM (Subd (a) amended effective January 1, 2022. If, at any time during a hearing, conference, or proceeding conducted by telephone, the court determines that a personal appearance is necessary, the court may continue the matter and require a personal appearance. Rule 3.1010. 420 North 20th Street notice to the court is required. (Subd (a) adopted effective July 1, 2016.) Ventura, CA 93003 Electronically Filed ?4.ISTeMUzxc?3I&"?g]\`&T4 n|Iu dtgp?#modXi 1a,e"&{_lj"E$EhE>JH|`b42Bs1XF9^g3;aSae"D d'Qd8oU>9*{,S-){wV#E\MbxDF7^0,0* 0"D{Dx/D\?F4 Si, =cz_cB1>b6o,4 fdxrGFEsej$idL@`m$}$*OORlX,jS_~ To avoid going through the additional paperwork of a Notice to Attend, talk to your self-help center or a lawyer to find out if a Notice to Attend makes sense for the orders you want the court to make. your turn. Oral depositions by telephone, videoconference, or other remote electronic means . After appearance, the respondent or his or her attorney is entitled to notice of all subsequent proceedings of which notice is required to be given by these rules or in civil actions generally. (CCP 436.) Notices to Attend a Hearing or Trial (including a request to bring documents) are often not necessary, but there are some some situations in which they can be really helpful for your case. freePHONE NO: 949-261-2872 Faxwo: 949-261-6060 eee OOH ERILEN OLERK PDF Monterey County Superior Court Local Rule Addressing Remote Civil Kimberly Nayagam (State Bar No. Parties must also fill out the Declaration of Notice section on form RA-010 or file a proof of service: If E-FILING, parties must submit the documents using the Document Names NOTICE OF REMOTE APPEARANCE AND PROPOSED ORDER. (1) Except as provided in (6), a party choosing to appear by telephone at a hearing, conference, or proceeding, other than on an ex parte application, under this rule must either: (A) Place the phrase "Telephone Appearance" below the title of the moving, opposing, or reply papers; or. The server can use a: 4. Proc. If the person is already a party in the case, you do not have to complete a subpoena. (b) Appearance Filing a copy with the court before the hearing is not required, but it can be helpful if the other party files written objections. in-person hearing. Cross-Complainants Richard and Denise Williamss unopposed motion to strike the Answer of Cross-Defendant Escalera Construction, Inc. is CONTINUED to June 20, 2019 at 8:30 a.m. in Dept. Situations when a Notice to Attend a Hearing or Trial (and Bring Documents) may be helpful in your case. One Montgomery Street, Suite 3000, Business Tort/Unfair Bus Prac Unlimited (07), GOLDENRING & PROSSER 3 1993) 3 19 F.3d 1244, 1245; CLD Construction Inc. v. City of Ramon (2004) 120 Cal. and California Rules of Court, Rule 3.672 January 28, 2022 94102 Tel 415 Frequently Asked Questions (FAQs) This FAQ provides information on remote civil proceedings under Code of Civil of Civil Procedure section 367.75 and California Rules of Court, rule 3.672, both of which became effective January 1, 2022. Notice of Association is different from a Notice of Appearance. <> 6050 Seahawk Street VENTURA SUPERIOR COURT (Subd (h) amended effective January 1, 2016; adopted as subd (d) effective July 1, 1998; previously amended effective January 1, 1999, July 1, 1999, January 1, 2003, and January 1, 2007; previously amended and relettered subd (g) effective January 1, 2008, and subd (h) effective January 1, 2014.). hearing; some courts are relaxing their rules during the COVID-19 crisis. Burr & Forman LLP E-FILED Rule 3.1204. Notice of Appearance or Withdrawal of Counsel. Notice and Acknowledgment of Receipt in California Civil Actions - Trellis preferred, oral notice to the court and parties in person or by phone is (Subd (a) adopted effective January 1, 2008.). (Subd (m) relettered effective January 1, 2023; adopted as subd (h) effective July 1, 1998; previously amended effective January 1, 2003; previously relettered as subd (k) effective January 1, 2008, as subd (n) effective July 1, 2011; as subd (o) effective January 1, 2014.). (Merco Const. Telephone appearance . Torn Hillier Ford, 1 Oy Provisions for notice (a) Method of take. Sometimes, you may want the other party in your case to be present in court. means authorized by law and reasonably calculated to ensure delivery to the parties at least two court days before the appearance. But since the other party is not present, the judge cannot make him or her testify nor consider documents that may only be in that partys possession. Accessing Verdicts requires a change to your plan. Dont be the attorney trying to troubleshoot poor reception or SCOTT C. HALL (State Bar No. Except as ordered by the court under (f)(2) and subject to (h), applicants seeking an ex parte order may appear by telephone provided that the moving papers have been filed and a proposed order submitted by at least 10:00 a.m. two court days before the ex parte appearance and, if required by local rule, copies have been provided directly to the department in which the matter is to be considered. appearance as you normally would for your hearing,e.g.,review the courts tentative ruling and (Subd (k) amended and relettered effective January 1, 2023; adopted as subd (l) effective July 1, 2011; previously amended effective July 1, 2013, and January 1, 2019; previously amended and relettered as subd (m) effective January 1, 2014.). California Rules of Court: Title Five Rules Some examples of good cause to appear by telephone without notice include personal or family illness, death in the family, natural disasters, and unexpected transportation delays or interruption. 10 telephone appearance requests made on short notice, and the Judicial Council of Case Management Conference Case Status Hearing, If the notice to appear remotely is by the party asking for the hearing: With the moving papers. The procedural remote appearance requirements depend on the hearing type you would like to remotely appear for. Your content views addon has successfully been added. Irvine, CA 92612 Case #22CV403325 Commerce court-trial by written declaration . Avoid using speakerphone; it may create an echo on the line. Remote Appearance Procedural Requirements. A court may require any person to appear in person instead of remotely. Use the conversion tables below to match old rules to reorganized rules. 2005 California Code of Civil Procedure Sections 1010-1020 If the notice to appear remotely is by any other party: By 2 pm the court day before. The same general principles apply Desiree Alfaro (4) Any party other than an applicant choosing to appear by telephone at an ex parte appearance under this rule must notify the court and all other parties that have appeared in the action, no later than 2:00 p.m. or the "close of business" (as that term is defined in rule 2.250(b)(10)), whichever is earlier, on the court day before the appearance, of its intent to appear by telephone. Code of Civil Procedure 1014 states, "A defendant appears in an action when the defendant answers, demurs, files a notice of motion to strike, files a notice of motion to transfer pursuant to 396b, . Rules conversion table (from new rule numbers to old rule numbers) Reverse rules conversion table (from old rule numbers to new rule numbers) 79387) 2023 California Rules of Court. Rule 5.62. knayagam@rutan.com ; ae whether you can use CourtCall to appear. 5. telephone appearance. A subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify. The Regents of the University of California,2020. (See United States v. High Country Broad Co. (9th Cir. when new changes related to "" are available. This is another type of notice that you can complete and serve if you want the other party to testify at the hearing or trial AND bring books, documents, electronically-stored information, or other things that you need to support your case. We noticed that you're using an AdBlocker. (Subd (a) adopted effective July 1, 2016.) 200 Park Avenue County of Santa Clara, However, each party so appearing must pay all expenses incurred by it or properly allocated to it; (3) Any party or attorney of record may be physically present at the deposition at the location of the deponent with written notice of such appearance served by personal delivery, email, or fax, at least five court days before the deposition, and subject to Code of Civil Procedure section 2025.420. appearance. In a family law proceeding, the term "request for order" has the same meaning as the terms "motion" or "notice of motion" when they are used in the Code of Civil Procedure. (Subd (l) relettered effective January 1, 2023; adopted as subd (f); previously amended effective January 1, 2003, and January 1, 2007; previously amended and relettered as subd (j) effective January 1, 2008; previously relettered as subd (c) effective January 1, 1989, as subd (g) effective July 1, 1998, as subd (m) effective July 1, 2011; and as subd (n) effective January 1, 2014.). California and CourtCall have, File a Notice of Intent to Appear iit Nawe: CALLAHAN THOMPSON SHERMAN & CAUDILL, LLP 22 FEB 23 AKIN: 56 CourtCall is currently waiving late fees for telephone appearance requests made on short notice, and the Judicial Council of California and CourtCall have agreed to reduce the fee to $54 for telephonic appearances newly scheduled on and after March 19 and to occur prior to April 30, and will further evaluate . This rule applies to all general civil cases as defined in rule 1.6 and to unlawful detainer and probate proceedings. CourtCall is currently waiving late fees for The person who served the notice has to fill out a proof of service saying when and how they served your Request on the other partys lawyer (or on the other party without an lawyer). It is possible that before your court the other side may contact you to try to reach an agreement. COBLENTZ PATCH DUFFY & BASS LLP Tips for attending a hearing by After a party has requested a telephone appearance under (h), if the court requires the personal appearance of the party, the court must give reasonable notice to all parties before the hearing and may continue the hearing if necessary to accommodate the personal appearance. PDF Telephonic Appearence Rules - The Superior Court of California An attorney for the deponent may be physically present with the deponent without notice. These instructions apply to both types of notices: 2. rules to see whether telephone appearances are permitted for your civil A party may either demur to: An entire complaint, cross-complaint, or answer. schedule through CourtCall, so check your courts website to see whether prior Case #20CV369863 ROBERT DONAIRE, individually and on behalf. Gibson, Dunn & Rule 3.1010 amended effective January 1, 2022; adopted as rule 333 effective January 1, 2003; previously amended and renumbered as rule 3.1010 effective January 1, 2007; previously amended effective January 1, 2016. Your written objections must state your reasons for your objection to the Notice to Attend. judge will give you your turn. \&xx?zgl%.m!]b"WfE]w}]%8]&j:=J$X4xKeCD ])a7 (24 V:J9''T. RA020 Order Regarding Remote Appearance. Any doubts in applying 473 must be resolved in favor of the party seeking relief. OMe pe . Failing to appear at an OSC can be effectively a mistaken failure to respond to a dismissal motion. PETER A. GOLDENRING (Bar No. Your credits were successfully purchased. b. Notice of appearance at a hearing to request emergency orders may be given personally or by telephone, voicemail, fax transmission, electronic means (if permitted), overnight mail, or other overnight carrier. Notice to appear remotely. Local Rules . ), A corporation is not able to represent itself either in propia persona or through an officer or agent who is not an attorney, except by statutory permission, in the small claims court. (Cal. At the proceedings described under (2), parties who are not required to appear in person under this rule may appear by telephone. You can object to bringing some or all the documents that the other party requested in his or her Notice to Attend Hearing or Trial and Bring Documents. en 4 The procedural remote appearance requirements depend on the hearing type you would like to remotely appear for. Make 3 copies of the Notice to Attend. If the matter has not been resolved then t ..ultiple general appearances at CMC conferences and by requesting continuances of the haerings and other relief. 1014.) voice and your phone connection. and all other parties of your intent to appear by telephoneat least two court daysbefore your scheduled Where a respondent has not appeared, notice of subsequent proceedings need not be given to the respondent except as provided in these rules. Again, explain why you are objecting and what documents you object to bringing to your hearing. Take a blankCivil Subpoena(Form SUBP-001) to the clerk. To object, you must act quickly. Attorneys for Defendant Make your call by following There are different deadlines: 6. Remote Appearances | Superior Court of California | County of Imperial Your subscription has successfully been upgraded. Rules of Court - California 4 0 obj In California civil actions, the Notice and Acknowledgment of Receipt is a method of service that allows the serving party to send the summons and complaint to the opposing party by mail. If the notice is oral, it must be given either in person or by telephone. Notice: Appearance - Notice of appearance, iSelect Fund Argonautics, LLC vs Shield Diagnostics Corp. et al, 2019-10-24 Nikkel Notice of Appearance - Notice, Filed, Las Posas Valley Water Rights Coalition et al vs Fox Canyon Groundwater Ma, 3-1-22 Notice of Appearance - Notice Filed, Assemi Brothers, LLC vs. The judge may quash the subpoena, modify it, or order you to comply with it. NOTE:California Rules of Court Emergency Rule 3, issued on April 6, 2020, temporarily authorizes civil court proceedings to be conducted remotely, using video, audio, and phone appearances; and authorizes the use of electronic exchange and authentication of documentary evidence, e-filing and e-service, and remote interpreting/reporting and electronic recording. Y. Chay Minimize all distractions and be The person who served the notice has to fill out a proof of service saying when and how they served the notice on the other partys lawyer (or on the other party without an lawyer). If you want to subpoena the other party, click to, If you have received a subpoena and want to object, click to, If you just want to subpoena business records (like bank records or employment records) related to the other person, click to, If you need the other party to attend the hearing or trial AND also bring documents or other items, you can use this. ANGELIQUE KAOUNIS, SBN 209833 (Subd (o) relettered effective January 1, 2023; adopted as subd (j); previously amended effective January 1, 2003, and January 1, 2007; previously amended and relettered as subd (m) effective January 1, 2008; previously relettered as subd (p) effective July 1, 2011; and as subd (q) effective January 1, 2014.). (Subd (c) amended and relettered effective July 1, 2016; adopted as subd (b).). (6) A party may ask the court for leave to appear by telephone without the notice provided for under (1)-(4). Get to your points quickly, and must stay available for the call. Use one copy to serve on the other party. Tina Wolfson (SBN 174806) If a notice of appearance is not filed by a corporation by the required date, the Answer to the Complaint will be stricken. The California Rules of Court were reorganized and renumbered to improve their format and usability, effective January 1, 2007. California Rules of Court: Title Three Rules
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