Meza v. Portfolio Recovery Associates, LLCAnnotate this Case
In this question involving one of the economical litigation rules the Supreme Court accepted a request by the United States Court of Appeals for the Ninth Circuit to decide a question of state law regarding Cal. Code Civ. Proc. 98(1) and answered that section 98(a) does not categorically require that all affiants be personally present for service at an address within 150 miles of the place of trial for a reasonable period during the twenty days prior to trial.
The issue before the Supreme Court arose from a limited civil case. The Ninth Circuit asked the Supreme Court whether, when a party offers into evidence an affidavit or declaration and a copy of affidavit has been served on the party against whom it is offered, section 98(a) requires the affiant to be located and personally available for service at the address provided in the declaration that is within 150 miles of the place of trial. The Supreme Court answered as set forth above, holding that a section 98(a) affiant’s personal availability for service at an address within 150 miles of the place of trial will often be required for her affidavit to be admissible as evidence but that such presence is not invariably necessary for all affiants.