2. If you are requesting Discovery in a civil case, the Discovery Technician is available Monday - Friday from 7:00am - 5:00pm and can be reached at (707) 543-4033 or via email at srpd-discovery@srcity.org. (Id.) xb```") |@Qw"A9R ! % Case No. granted the request or issued its order, and before the discovery cutoff date. 2 0 obj If you are the plaintiff in a case, you have the burden to prove your case by stronger evidence than the other side. The answer is another discovery device. Please wait a moment while we load this page. (Id. . the initial 911 call to police, audio witness interviews, supplemental report from police detectives, and You can keep using this process to get informationuntil 30 days before your trial date (called the discovery cut-off date). endstream endobj 136 0 obj<>/Metadata 12 0 R/PieceInfo<>>>/Pages 11 0 R/PageLayout/OneColumn/StructTreeRoot 14 0 R/Type/Catalog/LastModified(D:20120830152057)/PageLabels 9 0 R>> endobj 137 0 obj<>/ColorSpace<>/Font<>/ProcSet[/PDF/Text/ImageC/ImageI]/ExtGState<>>>/Type/Page>> endobj 138 0 obj<> endobj 139 0 obj<> endobj 140 0 obj[/Indexed 146 0 R 255 147 0 R] endobj 141 0 obj<> endobj 142 0 obj<> endobj 143 0 obj<> endobj 144 0 obj<>stream Request for Issuance of Bench Warrant of Arrest and Notice to Sheriff ADM-374 (Rev. HTn1}WPET]*J%@I~glB933y/8;;? :k ~TJ Written Discovery: Interrogatories and Requests for Admission Interrogatories are questions requiring your version of the facts and of your claims. During the pretrial or pre-settlement phase of your case, both sides engage in what is referred to as "discovery.". Party A could also ask party B to admit or . hb```f` ), This rule is designed to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order. (McElhaney v. Cessna Aircraft Co. (1982) 134 Cal.App.3d 285, 289, 184 Cal.Rptr. The criminal defendant's lawyer makes "informal" discovery requests upon the District Attorney's Office (or State Attorney General's Office or City Attorney's Office; who ever is prosecuting the case), pursuant to Cal. ), A determination of whether an attempt at informal resolution is adequate involves the exercise of discretion. 0000002564 00000 n You will lose the information in your envelope, Order Filed Re: - INFORMAL DISCOVERY CONFERENCE, Correspondence Coversheet Generated to Mail: - Informal Discovery Conferen, Fields et al -v- Spring Valley Post Acute, LLCet al Print, Fierro -v- Pontious Delivery, Inc. et al Print, Order Filed Re: - Informal discovery conference, Motion for Discovery of Police Officer Misconduct Records (Pitchess Motion). Activate the useful Wizard tool at the top menu for greater navigation within the template. On August 5, 2019, the Cour ..o provide further testimony to questions asked during Plaintiffs July 9, 2019 and July 10, 2019 depositions. LEGAL STANDARD Current as of January 20, 2022 | Updated by California Business Lawyer & Corporate Lawyer. To do this, you use a subpoena. They can be pre-printed "form" interrogatories (also known as judicial council forms), or specific questions asked just for your case called "special" interrogatories. California Business Lawyers & Corporate Lawyers, Labor Commissioner Board Complaint Defense, 2016.080. SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES . Informal and Formal Discovery Procedures. REQUEST FOR INFORMAL DISCOVERY CONFERENCE 3011-CV Rev. Letters do not. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. It would also help to be able to see documents showing what the other party claims about their finances, such as past tax returns, bank . Among the factors the court should consider are the history of the litigation, the nature of the interaction between counsel, the nature of the issues, the type and scope of discovery requested, and the prospects for success. The authoritative California Criminal Defense Practice, by Matthew Bender (available at every law library), says: "Neither Penal Code Section 1054.5(b) nor Section 1054.7, nor any other provision within Sections 1054 through 1054.7 specifies when informal discovery may first be requested, nor do any of these provisions prohibit the parties from . If you are a defendant in a case, you have to raise enough doubt about the strength of the plaintiffs case to make the judge (or jury) decide your side is stronger. Formal requests may be filed under some circumstances, not letter requests. Requests for Production of Documents Each divorce attorney will prepare a request for document production. 8 You use the information you get to help you reach an agreement (negotiate). sometimes almost identical, motions required for each discovery request, and require a filing fee for each such motion. IDCs are encouraged by many courts throughout Los Angeles County. The client may also turn over documents that reference other documents in the possession of third parties that might be obtained on request. This is the ultimate guide to divorce discovery. But even in motion practice, before you can determine what the facts are and whether they are disputed, you must first uncover the facts. It is part community property. Deadline for Court to decide on Request: _____ (insert date 10 . 1000 . First, you are going to be bound by the facts of the case. being mindful of the limitations on communicating with represented and unrepresented persons in rules 4.2 and 4.3 of the California Rules of Professional . 0000003056 00000 n Proc., 2016.010-2036.050). ), Personal Injury Non-Motor Vehicle Unlimited, 1 Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Proc., 2016.080(c)(2). Procedures for Disclosure and Discovery in Criminal Actions. Following a reasonable and good faith attempt at an informal resolution of each issue to be presented, a party may request an Informal Discovery Conference pursuant to the following procedures: a. Read the code on FindLaw . STREET ADDRESS: 600 Union Avenue . %PDF-1.4 % Given the crowded calendars . 08/2022 Page 1 of 1 Optional (Local Rule 3.15) I, , request an informal discovery conference. There is some truth to this because it is the application of the law to the facts that determines outcomes. Proc., 2016.080(a). Recently, the California Code of Civil Procedure was amended to allow civil litigants to request an informal discovery conference. A request for informal discovery from the employer should be just one part of a larger strategy to gather as much information as possible to prepare for the filing of a civil action. resources in the debt service account will be needed for use, and the treasurer or Example 1: Child support is an issue.Your children's other parent is self-employed. California discovery methods include depositions, interrogatories, requests for admissions, requests to produce, medical examinations, and requests for exchange of expert witness information. HWnF}W#hHT=FRtc~ygS;b9uFv^?~]yp$>$|}IW2KxF/ endstream endobj startxref . 3E is a SaaS practice and financial management platform that connects all critical areas of a law firm to streamline tasks and provide timely information. This . 0000002081 00000 n In order to really understand (analyze) your clients case, you must engage in a fact-finding investigation. Depending on the county you may even have to engage in an informal discovery conference before being allowed to reserve a motion date. On your citation you will see a box marked "Area." If it contains the numbers 765, send your Informal Discovery Request to: Custodian of Records. Informal discovery is a short-hand description for the unregulated fact investigation undertaken by an advocate, or under the supervision of the advocate, in order to perform case analysis, garner evidence in support of a client's claim or defense, discover adverse information that might defeat the client's claim, or simply to reveal additional REQUEST FOR INFORMAL DISCOVERY CONFERENCE. Case analysis, which we just discussed, is going to be your guide. The City Attorney is in the Torrance Courthouse. Although informal discovery is almost universally ignored in civil procedure courses, it is worthy of discussion for real advocates planning to win actual casespeople like you. specified date. Informal discovery conference [Repealed effective January 1, 2023]. endobj hbbd``b`@ @D$Hb7`" k +1FXcHU X`J@y\"BHef`bd8 \ ;+ISvNX>0DyoGStfHCqUnd!2\,TW@D @Zlfc9"D[c-vY TyEW/sg %y.PL[X}r(=Jw,TBL/,_d4e`FcQ0c`?d"yilVY| g/XReL-,H 46Qd`e04PyVzIXR9D:lT>$&8tO\)|,m#U SXP1Vq WB# 2wk {f?s2K} **O%d!|H!KA*:m.cn/7|Y=2.KS-|/syMq4pH5FR~+8:gS >yeH%?Dd9h|i,iH03_(T3|Lbx*O7Hh&~hp+CE#6'.{BAp`}? 07-28-2015, 04:16 PM #3. betabun. The way to complete the Informal discovery request on the internet: To start the blank, utilize the Fill camp; Sign Online button or tick the preview image of the document. If you dont see it, disable any pop-up/ad blockers on your browser. management, Artificial SUPERIOR COURT OF CALIFORNIA, COUNTY OF SOLANO . (f) This section does not prevent the parties from stipulating to the timing of discovery 369 0 obj <> endobj 0 C.All monies earned as interest or otherwise derived from the investment of the monies If you need informationfrom your spouse, domestic partner, or someone else, you can use a legal process (called discovery) to get this information. a"4,Lz V8AS x"=`$ xtI(TIhK~v>>J 7ce(=k Vm!t\[0Bdl Rh1J%0~NyGxQ26um)3 The client may have some idea of the identity of other witnesses or involved parties. &:_!Xp?eO"JW!2E#%!bB Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 2016.080 - last updated January 01, 2019 startxref 3 0 obj Typically, requests for admission involve discoverable information that pertains to the lawsuit, and how the law applies to that information. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. You can get more information about these types of discovery from a lawyer or law library. 1 0 obj date the court granted the request, the request for an informal discovery conference 0000002517 00000 n 3. rule should be read in conjunction with Part I.G. Only existing records in the Department's possession would be responsive to a PRA request. Access accurate legal research and comprehensive content on Westlaw for as low as $97/month. 0d>j`Ja{6)" \ 4 HmBrU5ybE!\mZVh*]R D)@Zg >b620@zXu2fa`;Ua| w( How do you decide what information you might need to develop during informal discovery? These can be complex and expensive. As part of discovery, sometimesyou need tohave an individual (or company) who is not a party to the case produce documents or business records. (a) If an informal resolution is not reached by the parties, as described in Section 2016.040, the court may conduct an informal discovery conference upon request by a party or on the court's own motion for the purpose of discussing discovery matters in dispute between the parties. But, to prepare for trial, you will use the formal discovery process. Request evidence and testimony from individuals who are not involved in the lawsuit As part of discovery, sometimes you need to have an individual (or company) who is not a party to the case produce documents or business records. ]Oc2y xXAUPr~=U`@CV# VO eNX&h"o;}SO,vlU%M{_Z%-y`Q /-/b Discovery isn't always talked about a lot in divorce, but it can be one of the most critical steps to ensuring you have a complete understanding of the facts - particularly if your spouse is being less than forthcoming. . the request or issued its order, and before the discovery cutoff date. Where Do I File My Informal Discovery Request Try the City Attorney's office. Section 2031 it did not bar him from requesting the same documents be brought to a deposition. 415 0 obj <>/Filter/FlateDecode/ID[<6C700875FFC54C4F86C7748D1BA8C532>]/Index[403 35]/Info 402 0 R/Length 69/Prev 45460/Root 404 0 R/Size 438/Type/XRef/W[1 2 1]>>stream 0000000833 00000 n Contact us. Any party may file a response to a declaration filed pursuant to this subdivision. 0000008097 00000 n (a) If an informal resolution is not reached by the parties, as described in Section 2016.040, the court may conduct an informal discovery conference upon request by a party or Additionally, requests should include the following: 1. xbbbg`b``3 E (a) A member of the public can make a PRA request in writing, over the telephone, or in person. In a formal discovery, you formally ask for information and documents. Code 12900 et seq. KFC 1020 .C35 Requests for an IDC should comply with the requirements of section 2016.080. %PDF-1.6 % b$O 6k VTxtllzNI6U]!l{ uq&*Ry/[(7/%`%fXlW 08/18) View PDF Request for Payment of Trust Funds/Refund CIV-180 (Rev: 12/13) View PDF Stipulation for Discovery Determination Following Informal Discovery Conference CIV-405 (New: 05/20) View PDF Stipulation Re: Jury Discovery is a way to get the information you need to support your case in court or make informed decisions before you reach an agreement. 0000000016 00000 n shall be deemed denied, and any tolling period previously ordered by the court shall Discovery can be informal or formal. that a party has not complied with Section 1054.1 or 1054.3 and upon a showing that the moving party complied with the informal discovery procedure provided . <>/Metadata 89 0 R/ViewerPreferences 90 0 R>> 135 16 If they still will not respond, there can be other penalties. Answer to Request for Informal Discovery Conference . of this section, which addresses the U.S. Attorney's Office policy on discovery. 90kITpg_M}|i+|/p>Ss{qFH; t@RQjo*R\j2=FtC|f"}\Vw v+RVrOW3A&| Wp/ FM!G+u^@HW Nx"\$ItP||([M. Categories And, of course, there are also "Requests for Production of Documents and Things" that can force a party to turn over actual documents and things like DVDs . The District Attorney's Office forward's the defendants discovery request . Counsel must have exhausted all meet and confer obligations before the Informal Discovery Conference. Let our 300 expert attorney-editors keep you up to date on ever-changing laws, Sign up for a monthly newsletter designed for legal professionals like you. The separate statement must include-for each discovery request (e.g., each interrogatory, request for admission, deposition question, or inspection demand) to which a further response, answer, or production is requested-the following: . How long after informal discovery conference is a motion filed? You can request it via informal discovery even if you haven't decided whether you want to go to court or not. A discovery request should list specific documents and evidence in the police agency or prosecutor's possession, such as the police report, and end with a general request for "any and all other relevant documents and evidence." Getting the Officer's Notes Motion to Compel Deposition COURTHOUSE ADDRESS: PLAINTIFF: DEFENDANT: Reserved for Clerk's File Stamp . Informal requests for production lie outside the boundaries of the discovery rules. (g) This section shall remain in effect only until January 1, 2023, and as of that Discovery meet and confer obligations require an actual conference (in-person, telephonic, or videoconference) between counsel. A. & The facts empower you to obtain the clients goals. 405 0 obj <>/Filter/FlateDecode/ID[<5D2D920AAA8D754498483A068A503D49>]/Index[369 81]/Info 368 0 R/Length 124/Prev 623004/Root 370 0 R/Size 450/Type/XRef/W[1 2 1]>>stream What is an Informal Discovery Conference? File a Request for Informal Discovery Conference with the clerk's office on the 9 Your credits were successfully purchased. This sample request for discovery in a California criminal case is served pursuant to Penal Code section 1054.5 (b) and is used by a defendant or their attorney to request all materials and information specified in Penal Code section 1054.1 from the prosecuting attorney who then has 15 days to furnish the requested items. Litigants with an approved . Copyright 2023, Thomson Reuters. endstream endobj startxref Since you both have the same information, you and your spouse may be able to agree or decide you need a judge to decide and go to trial. Informal discovery means sharing information voluntarily. Practical Law For example, if your spouse refuses to answer your questions or provide information, you can ask a judge to order your spouse to followthe law and even pay fees. ), The Legislature passed AB 383, which adds 2016.080 to the Code of Civil Procedure, effective January 1, 2018. 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. described in Section 2016.040 with the court. Discovery allowsyou toget information and evidence from the other party or other personsyou can usein your lawsuit. (f)This section does not prevent the parties from stipulating to the timing of discovery proceedings as described in Section 2024.060 . Formal requests require certificates of conferring and service. 0000001267 00000 n Northern District of California Local Rule 16-1. e3]b&HMgl,u#lDE=r7$0*r4{6Nv`p5*s^&U;ipj;WHZM0]+6CMm". In this case, your deadline is the next week day. 0000002807 00000 n trailer Formal requests certify representations of counsel under Fed. However, I'm not sure why you feel like you'll be running all over heaven and earth. FOR MORE INFORMATION . Another way you can get information from the other sideis to have themgive sworn testimony outside of court (before the trial) in a deposition. B. Look for a "Chat Now" button in the right bottom corner of your screen. You need to know what they are. Keep in mind there are time restrictions you must comply with too. California Code of Civil Procedure section 2025.480, subdivision (a) states: If a deponent fails to answer any question . No party may move to compel discovery or file any other discovery motion until the parties have had an Informal Discovery Conference with the court. change your cookie settings through your browser. Rule 3.725 of the California Rules of Court says every party has to file this form at least 15 days before the first Case Management Conference. by clicking the Inbox on the top right hand corner. 0000001010 00000 n stream endstream endobj 404 0 obj <>/Metadata 24 0 R/OCProperties<>/OCGs[417 0 R]>>/Outlines 72 0 R/PageLabels 399 0 R/PageLayout/OneColumn/Pages 401 0 R/Perms/Filter<>/PubSec<>>>/Reference[<>/Type/SigRef>>]/SubFilter/adbe.pkcs7.detached/Type/Sig>>>>/PieceInfo<>>>/StructTreeRoot 85 0 R/Type/Catalog>> endobj 405 0 obj <>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 406 0 obj <>stream when new changes related to " are available. 2 Hearing Date: May 10, 2019 The other person must respond to your request and swear how they responded is true In a formal discovery, you formally ask for information and documents. Penal Code 1054.1 and 1054.5. Any party may file a response to a declaration filed pursuant to this subdivision. The attorney must first send the prosecutor an informal discovery request. the part scott patrick ludwig, et al., Plaintiffs, vs. general motors, llc, et al., Defendants. 0000000616 00000 n The court can penalize (sanction) someone who does not follow the discovery rules. Parties can request an Informal Discovery Conference ("IDC") in unlimited civil cases pursuant to Code of Civil Procedure section 2016.080. `e`p VuAlW@ 5g?!^ d _ endstream endobj 370 0 obj <> endobj 371 0 obj <>stream That means, at the very latest anything you ask for must be due 30 days before your trial. Eisner Gorin LLP 1875 Century Park E #705 Los Angeles, CA 90067 310-328-3776. R. Civ. on the court's own motion for the purpose of discussing discovery matters in dispute This proof chart, which may be very rudimentary at the outset of the case, will essentially help the advocate determine where their clients anticipated case has evidentiary strength and weakness. Having considered the moving, opposing, and reply papers, the Court rules as follows. IDCs may be set at the party's request or the court's own motion. 547.) ADR can also give more opportunity to determine when and how their dispute will be resolved. The advanced tools of the editor will direct you through the editable PDF template. ADR is usually less formal, less expensive, and less time-consuming than a trial. Is your law firm cloud adoption happening as quickly as it should? %PDF-1.6 % did this information help you with your case? Discovery is the compelled disclosure of documents or information by parties in a legal matter. Mr Eisner is a Certified Specialist in Criminal Law. Bq+"'I x /N?onP:OG>SH\ L;2q2^fnB::W/nx:|o;Jp ]|zTggz8=. The nature of the discovery dispute, including the interrogatory or . Each side must serve and This saves time and money. 0000001554 00000 n . ,[%_\cEDt_!UV"hhM F- . You'll get a letter back saying they aren't going to deal with it either. For example, in a lawsuit about a contract dispute, Party A could ask Party B to admit or deny that Party B ordered 100 widgets from Party A on a given date. While the discovery process is governed by clear rules and procedures, the parties are often expected to resolve differences amongst themselves. This document relates to: Request for Informal Discovery Conference . 2023, deletes or extends that date. proceedings as described in Section 2024.060. a discovery motion or prejudice the disposition of a discovery motion. Local Rule 16-1 imposes additional discovery obligations on AUSAs in this district. Look for a "Chat Now" button in the right bottom corner of your screen. (2)If an informal discovery conference is granted or ordered, the court may toll the deadline for filing a discovery motion or make any other appropriate discovery order. CASE NUMBER: 1. 7 the party shall make an informal request of opposing counsel for the desired materials and information. (d) If an informal discovery conference is not held within 30 calendar days from the %%EOF 403 0 obj <> endobj Proc., 2025 (o).). H[k0ze;nN_d!O 3(JX($}m[0 pve] *8vU. You use discovery to find out things like: What the other side plans to say about an issue in your case, What facts or witnesses support their side, What facts or witnesses support your side, What information or documents could be used as evidence. (a) If an informal resolution is not reached by the parties, as described in Section 2016.040 , the court may conduct an informal discovery conference upon request by a party or on the court's own motion for the purpose of discussing discovery matters in dispute between the parties. Call us today at (320) 299-4249 and let us help you. You need to ask for information months before the date that your trial is scheduled to start. As part of the lawsuit, the other side may send you request for information or evidence. Gov. (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1012-1013.) %%EOF They also must respond. View Profile View Forum Posts Private Message . Informal resolution of discovery disputes is a centerpiece of California civil practice, requiring civil litigants to make a serious attempt to obtain an informal resolution of each issue. (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App 4th 1006, 1016. 0000005391 00000 n 3 and reinvest any monies in the debt service account as provided by 5-873. In Carter v. Superior Court (1990) 218 CA3d 994 (pdf) the court held even though a party had missed the deadline for compelling inspection of documents under C.C.P. order. date is repealed, unless a later enacted statute that is enacted before January 1, 10 ORDER RE: For example, you may need documents from your spouses employer. Discovery ends 30 days before trial (the cutoff date). Must bring the motion to compel within 45 days of receiving the deficient responses. Request information and evidence from the other side, Request information from individuals who are not involved with your lawsuit, Learn what to do if you receive a request for discovery from the other side, Ifyou are representing yourself in your case,consider. | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-2016-080/. INFORMAL DISCOVERY CONFERENCES AND SETTLEMENT CONFERENCES IN UNLIMITED CIVIL DEPARTMENTS 1. Scope. (a) If an informal resolution is not reached by the parties, as described in Section 2016.040, the court may conduct an informal discovery conference upon request by a party or on the court's own motion for the purpose of discussing discovery matters in dispute between the parties. There are several reasons. (c)(1)If a court grants or orders an informal discovery conference, the court may schedule and hold the conference no later than 30 calendar days after the court granted the request or issued its order, and before the discovery cutoff date. contracts, Risk and The Court may order the parties to conduct an informal discovery conference . Practice law, manage your law firm, and grow your We have extensive experience helping our clients select the right tools during divorce to properly move forward with their case. Letters do not. hb``Pb`` 3$`b @!-A`n#+!&(%y qi&/xLcz}Gy |`2208:i!5Vn\`fvH$! /$ Your alert tracking was successfully added. Contact our law firm at 877-781-1570. 34 o$IxIxhx-)4 rwtex_t).@_(rcU#auX(&Y\i?ZMT 449 0 obj <>stream schedule and hold the conference no later than 30 calendar days after the court granted SCOTT PATRICK LUDWIG ET AL VS GENERAL MOTORS LLC. Your content views addon has successfully been added. xref endstream endobj 150 0 obj <>stream Page 2 of 2 TUO-CV-275 Form Adopted for Mandatory Use - Revised August, 2021 Informal Discovery Conferences: With the agreement of the parties, the Court may in its discretion conduct informal (telephonic or video) conferences to resolve discovery disputes outside the formal Local Rule 37 procedures. Any currently pending civil case may take advantage of the IDC program. Stick to the actions regarding how to complete CA Informal Discovery Request: Click the orange key to start the CA Informal Discovery Request. California Civil Discovery Practice. 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. help you understand what Requests for Production are, and how to propound these types of requests. If your attorney cannot get the other attorney to cooperate or communicate, informal discovery may not be an option for your case. The party requesting the Informal Discovery Conference will: i. Remember, the sole purpose of a civil trial is resolve disputed questions of fact. (d) If an informal discovery conference is not held within 30 calendar days from the date the This note will focus on discovery procedures pursuant to California's Code of Civil Procedure. Informal discovery means sharing information voluntarily. . These motions, brought under California Code of Civil Procedure (CCP) sections 2025.480, 2030.300, 2031.310, 2032.250, 2033.080 or 2033.290 are enormously time-consuming, technical and costly. Format of discovery motions (a) Separate statement required . the deadline for filing a discovery motion or make any other appropriate discovery All rights reserved. (d)If an informal discovery conference is not held within 30 calendar days from the date the court granted the request, the request for an informal discovery conference shall be deemed denied, and any tolling period previously ordered by the court shall continue to apply to that action. 2022 California Rules of Court. Requests for Proposals .

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