Get California Mc 011 Form

Get California Mc 011 Form

The California MC-011 form is a legal document known as the Memorandum of Costs (Worksheet). This form is used to itemize and claim various costs associated with a court case, including filing fees, jury fees, deposition costs, and more. Understanding how to accurately fill out this form is crucial for ensuring that you recover the appropriate expenses incurred during legal proceedings.

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Structure

The California MC-011 form, also known as the Memorandum of Costs (Worksheet), serves as an essential tool for individuals navigating the complexities of legal proceedings. This form is particularly important for parties seeking to recover costs incurred during litigation. It outlines various categories of expenses, including filing fees, jury fees, deposition costs, and witness fees, allowing for a detailed accounting of all related expenses. Each section of the form prompts users to itemize costs, ensuring transparency and accuracy in reporting. Additionally, the form includes attachments for further clarification on specific costs, such as expert fees and service of process expenses. By providing a structured format for documenting these costs, the MC-011 form helps ensure that parties can effectively advocate for their right to reimbursement, reinforcing the principle that those who engage in legal action should not bear an undue financial burden. Understanding how to accurately complete this form can empower individuals to navigate the financial aspects of their cases with confidence.

California Mc 011 Preview

MC-011

SHORT TITLE

CASE NUMBER:

MEMORANDUM OF COSTS (WORKSHEET)

1.Filing and motion fees

 

Paper filed

 

Filing fee

a.

$

 

 

 

 

 

 

 

 

 

b.

$

 

 

 

 

 

 

 

 

 

c.

$

 

 

 

$

 

 

 

 

d.

 

 

 

 

 

 

 

 

 

e.

$

 

 

 

 

 

 

 

 

 

f.

$

 

 

 

 

 

 

 

 

 

g.

 

 

Information about additional filing and motion fees is contained in Attachment 1g.

 

 

 

 

 

 

 

 

TOTAL 1.

2. Jury fees

 

 

 

 

 

 

 

 

 

Date

 

Fee & mileage

a.

 

$

 

 

 

 

 

 

 

 

$

 

 

 

 

b.

 

 

 

 

 

 

 

 

 

$

 

 

 

 

c.

 

 

 

 

 

 

 

 

 

$

 

 

 

 

d.

 

 

 

 

 

e.

 

 

 

 

 

 

 

 

 

 

Information about additional jury fees is contained in Attachment 2e.

 

TOTAL 2.

3. Juror food: $

 

and lodging: $

 

TOTAL 3.

 

 

 

 

 

4.Deposition costs

 

 

 

Name of deponent

Taking

Transcribing

 

Travel

Videotaping

a.

$

 

$

 

$

 

$

 

 

 

 

 

 

$

 

$

 

$

 

b.

$

 

 

 

 

 

 

 

 

 

$

 

$

 

$

 

c.

$

 

 

 

 

 

 

 

 

 

$

 

$

 

$

 

d.

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

e.

 

Information about additional deposition costs is contained in Attachment 4e.

 

 

 

 

 

TOTAL 4.

$

$

$

Subtotals

$

$

$

$

$

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Form Approved for Optional Use Judicial Council of California MC-011 [Rev. September 1, 2017]

MEMORANDUM OF COSTS (WORKSHEET)

Code of Civil Procedure, §§ 1032, 1033.5

MC-011

SHORT TITLE

CASE NUMBER:

5.Service of process

 

 

 

 

 

Registered

 

 

 

 

 

 

 

 

Name of person served

Public officer

 

process

Publication

 

Other (specify)

a.

 

 

$

 

$

 

$

 

$

 

 

 

 

b.

 

 

$

 

$

 

$

 

$

 

 

 

 

c.

 

 

$

 

$

 

$

 

$

 

 

 

 

d.

 

Information about additional costs for service of process is contained in Attachment 5d.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL 5.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

6. Attachment expenses (specify):

 

 

 

 

 

 

6.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

7. Surety bond premiums (itemize bonds and amounts):

7.

$

8. a. Ordinary witness fees

 

 

 

 

 

 

 

 

Name of witness

Daily fee

 

 

Mileage

 

(1)

 

days at

 

$/day

 

miles at

 

¢/mile:

(2)

 

days at

 

$/day

 

miles at

 

¢/mile:

(3)

 

days at

 

$/day

 

miles at

 

¢/mile:

(4)

 

days at

 

$/day

 

miles at

 

¢/mile:

(5)

 

days at

 

$/day

 

miles at

 

¢/mile:

 

 

 

 

 

 

 

 

 

Total

$

$

$

$

$

(6)

Information about additional ordinary witness fees is contained in Attachment 8a(6). SUBTOTAL 8a. $

(Continued on next page)

MC-011 [Rev. September 1, 2017]

MEMORANDUM OF COSTS (WORKSHEET)

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MC-011

SHORT TITLE

CASE NUMBER:

8.b. Expert fees (per Code of Civil Procedure section 998)

 

 

Name of witness

 

 

Fee

 

(1)

 

 

 

 

hours at $

/hr

(2)

 

 

 

 

 

 

 

 

 

 

 

hours at $

/hr

(3)

 

 

 

 

 

 

 

 

 

 

 

hours at $

/hr

(4)

 

 

 

 

 

 

 

 

 

 

 

hours at $

/hr

 

 

 

 

 

 

 

 

(5)

 

Information about additional expert fees is contained in Attachment 8b(5).

 

 

 

$

$

$

$

SUBTOTAL 8b. $

c.Court-ordered expert fees

 

Name of witness

 

 

Fee

 

 

(1)

 

 

 

hours at $

/hr

(2)

 

 

 

hours at $

 

 

 

 

 

/hr

$

$

(3)

 

Information about additional court-ordered expert fees is contained in Attachment 8c(3).

 

 

 

 

 

 

 

 

 

SUBTOTAL 8c.

$

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL (8a, 8b, & 8c) 8.

$

9. Court-ordered transcripts (specify):

9.

 

 

$

 

 

 

 

 

10.Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court determination; otherwise a noticed motion is required):

11.Models, enlargements, and photocopies of exhibits (specify):

12.Court reporter fees (as established by statute)

a.

(Name of reporter):

 

Fees: $

 

 

b.

(Name of reporter):

 

Fees: $

 

 

c.

 

 

Information about additional court-reporter fees is contained in Attachment 12c.

 

 

13.Interpreter fees

a. Fees of a certified or registered interpreter for the deposition of a party or witness

(Name of interpreter):

 

Fees: $

(Name of interpreter):

 

 

Fees: $

b.Fees for a qualified court interpreter authorized by the court for an indigent person represented by a qualified legal services project or a pro bono attorney

 

(Name of interpreter):

 

Fees: $

 

 

 

(Name of interpreter):

 

Fees: $

 

 

c.

 

Information about additional court-reporter fees is contained in Attachment 13c.

 

10.

11.

TOTAL 12.

TOTAL 13.

$

$

$

$

14.Fees for electronic filing or service of documents through an electronic filing service provider

(enter here if required or ordered by the court):

14.

$

15.Fees for hosting electronic documents through an electronic filing service provider (enter here

if required or ordered by the court):

15.

$

16. OTHER (specify):

16.

 

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL COSTS

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

(Additional information may be supplied on the reverse)

 

MC-011 [Rev. September 1, 2017]

MEMORANDUM OF COSTS (WORKSHEET)

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MC-011 [Rev. September 1, 2017]

MEMORANDUM OF COSTS (WORKSHEET)

 

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Document Data

Fact Name Description
Form Purpose The MC-011 form is used to document and request reimbursement for various costs incurred during a legal case in California.
Filing Fees This form includes sections for filing and motion fees, which must be itemized and totaled.
Governing Laws The use of the MC-011 form is governed by the California Code of Civil Procedure, specifically sections 1032 and 1033.5.
Attachments Additional information regarding specific costs can be found in various attachments referenced throughout the form.
Expert and Witness Fees The form allows for the inclusion of fees for ordinary and expert witnesses, ensuring all costs are accounted for.

How to Use California Mc 011

Filling out the California MC-011 form is a straightforward process that requires careful attention to detail. This form is used to document various costs incurred during a legal proceeding. Once completed, it will be submitted to the court to ensure that all expenses are accounted for. Below are the steps to guide you through the process of filling out this form.

  1. Obtain the form: Download the MC-011 form from the California Judicial Council website or visit your local courthouse to pick up a physical copy.
  2. Fill in the short title: At the top of the form, enter the short title of your case as it appears in court documents.
  3. Enter the case number: Below the short title, write the case number assigned by the court.
  4. Filing and motion fees: In the first section, list all filing and motion fees. Write the amounts in the appropriate spaces provided (a through g). Calculate the total and enter it in the designated area.
  5. Jury fees: Next, record any jury fees, including date and mileage. Fill in the amounts and calculate the total.
  6. Juror food and lodging: Document the costs associated with food and lodging for jurors, if applicable, and enter the total amount.
  7. Deposition costs: For deposition costs, list the name of each deponent along with the associated fees for taking, transcribing, traveling, and videotaping. Calculate the total for this section.
  8. Service of process: Fill in the costs related to the service of process, including the name of the person served and any other relevant details. Calculate the total.
  9. Attachment expenses: Specify any additional attachment expenses and enter the amount.
  10. Surety bond premiums: Itemize any surety bond premiums and list the amounts.
  11. Ordinary witness fees: For each witness, record their daily fee and mileage, calculating the total for all witnesses.
  12. Expert fees: Document fees for expert witnesses, including their names and hourly rates. Calculate the subtotal for this section.
  13. Court-ordered expert fees: If applicable, list the names of witnesses and their fees for court-ordered expert services.
  14. Transcripts and attorney fees: Enter any costs for court-ordered transcripts and attorney fees, if applicable.
  15. Other fees: Include any additional fees for electronic filing, hosting documents, or other specified costs.
  16. Total costs: Finally, sum all the costs from the various sections and enter the total at the bottom of the form.

After completing the form, review all entries for accuracy. It’s essential to ensure that every amount is correct and that all required fields are filled in. Once satisfied, submit the form to the appropriate court, and consider keeping a copy for your records.

Key Facts about California Mc 011

What is the California MC-011 form?

The California MC-011 form, also known as the Memorandum of Costs Worksheet, is a legal document used to itemize and claim costs incurred during a civil court case. This form helps parties outline various expenses related to filing fees, jury fees, deposition costs, and more, allowing for a clear presentation of costs to the court.

Who needs to fill out the MC-011 form?

Any party in a civil lawsuit in California who seeks to recover costs associated with their case must complete the MC-011 form. This includes plaintiffs, defendants, and any other parties who have incurred allowable costs during the litigation process.

When should the MC-011 form be submitted?

The MC-011 form should be submitted after the conclusion of the case, typically when filing for a judgment or after a trial. It is essential to adhere to the deadlines set by the court for submitting cost claims, which may vary based on the specific circumstances of the case.

What types of costs can be claimed on the MC-011 form?

The MC-011 form allows for a variety of costs to be claimed, including filing and motion fees, jury fees, deposition costs, service of process fees, witness fees, expert fees, court reporter fees, and costs associated with electronic filing. Each category is clearly defined, enabling a comprehensive breakdown of expenses.

How do I calculate the total costs on the MC-011 form?

To calculate the total costs, you will need to sum all the individual costs listed in each category on the form. Each section provides space for subtotals, which should be added together to arrive at the final total cost. Ensure that all calculations are accurate to avoid discrepancies.

Is there a deadline for disputing costs listed on the MC-011 form?

Yes, there is typically a deadline for disputing the costs claimed on the MC-011 form. Opposing parties usually have a limited time frame, often within 15 days of receiving the memorandum, to challenge any costs they believe are unreasonable or not permitted under the law.

What if I need to provide additional information for my costs?

If you have additional information or costs that exceed the space provided on the MC-011 form, you can attach supplementary documentation. The form includes attachments for specific categories, where you can itemize extra costs and provide detailed explanations as needed.

Can I recover attorney fees using the MC-011 form?

Yes, attorney fees can be claimed on the MC-011 form, but only if they are fixed by contract or statute without requiring a court determination. If the fees need court approval, a separate noticed motion will be necessary to recover those costs.

Where can I find the MC-011 form?

The MC-011 form can be obtained from the California Judicial Council's website or directly from the courthouse where your case is filed. It is important to use the most current version of the form to ensure compliance with any updates in the law.

Common mistakes

Filling out the California MC-011 form can be a straightforward process, but many individuals make mistakes that can lead to complications. One common error is failing to provide accurate totals. Each section of the form requires a sum of costs incurred, but if these numbers are not carefully calculated or added, it can lead to discrepancies that may delay the processing of your case.

Another frequent mistake is neglecting to attach necessary supporting documents. The MC-011 form references several attachments for additional costs and details. Without these attachments, the court may not have enough information to verify the claims made, which can result in rejection of the form or a request for more information.

Additionally, many people forget to include all relevant fees. For instance, costs related to jury fees, deposition expenses, and expert witness fees can easily be overlooked. Ensuring that every applicable fee is accounted for is crucial. If you miss even one, it can significantly affect the total amount claimed.

Some individuals also make the mistake of using outdated versions of the form. Legal forms can change, and using an old version may lead to issues with acceptance by the court. Always check to ensure you have the most current version of the MC-011 form before submission.

Moreover, not providing clear and detailed descriptions of expenses can create confusion. Each cost should be itemized with sufficient detail to explain what it covers. Vague descriptions can lead to questions from the court, which could delay the process.

Many people underestimate the importance of signatures and dates. Submitting the form without a signature or the date can render it invalid. Ensure that every required signature is present and that the form is dated appropriately before submission.

Another common pitfall is failing to review the form for errors before submitting it. Simple typos or miscalculations can have serious implications. Taking a moment to double-check all entries can save time and frustration later.

Lastly, misunderstanding the rules regarding recoverable costs can lead to claiming expenses that are not permissible. It is essential to familiarize yourself with what can and cannot be included in your cost memorandum. This knowledge will help ensure that your claims are valid and supported by the law.

Documents used along the form

The California MC-011 form, known as the Memorandum of Costs, serves as a worksheet for documenting various costs incurred during legal proceedings. It is often accompanied by several other forms and documents that help provide a complete picture of expenses. Below are some commonly used forms that complement the MC-011.

  • MC-012: This is the Notice of Motion to Tax Costs. It is used when a party wishes to contest the costs claimed in the MC-011. This form helps ensure that all parties have the opportunity to address any discrepancies in the costs submitted.
  • MC-013: The Declaration of Costs is another important document. It provides a detailed breakdown of the costs claimed, along with supporting evidence. This declaration helps clarify how each cost was calculated and justifies the amounts listed in the MC-011.
  • MC-020: The Request for Court Order is utilized when a party seeks a court's approval for specific costs that may not fall under standard categories. This form allows for additional costs to be formally recognized by the court.
  • MC-021: The Opposition to Request for Court Order is the form used to contest a request made under MC-020. If one party disagrees with the costs being sought, they can file this opposition to present their case.
  • MC-022: This is the Proof of Service form. It confirms that all relevant parties have been notified about the costs being claimed and any motions filed. Proper service is crucial in legal proceedings to ensure transparency.
  • MC-023: The Summary of Costs is a concise overview of all costs incurred. It is often attached to the MC-011 to provide a quick reference for the court, summarizing the detailed information in a straightforward manner.
  • MC-024: The Statement of Costs is another essential document. It serves as a formal statement listing all costs that a party is claiming, often required to accompany the MC-011 for clarity and completeness.

These forms and documents play a vital role in the legal process, ensuring that all costs are accounted for and properly justified. By utilizing them alongside the MC-011, parties can present a comprehensive and transparent account of their expenses, facilitating a smoother resolution in court.

Similar forms

The California MC-011 form, known as the Memorandum of Costs (Worksheet), is essential for detailing various costs incurred during legal proceedings. There are several other documents that share similarities with this form, particularly in their purpose of itemizing costs and expenses. Here’s a look at five documents that are comparable to the MC-011 form:

  • MC-012: Memorandum of Costs After Judgment - This document is used after a judgment has been rendered to claim costs incurred during the litigation process. Like the MC-011, it requires detailed itemization of costs, ensuring transparency and accountability in the claims made.
  • MC-013: Bill of Costs - The Bill of Costs is another form that allows a party to request reimbursement for various legal expenses. Similar to the MC-011, it provides a structured format for listing costs, making it easier for the court to review and approve the claims.
  • Form FL-150: Income and Expense Declaration - While primarily used in family law cases, this form also requires the detailed reporting of expenses. Like the MC-011, it focuses on financial disclosures, helping the court understand the financial situation of the parties involved.
  • Form CIV-110: Request for Entry of Default - This form may include a section for costs related to the default process. It shares the MC-011's goal of documenting expenses incurred during legal proceedings, although it is specifically tailored for default judgments.
  • Form JD-CL-001: Costs Memorandum - This form serves a similar purpose in documenting costs related to civil litigation. Like the MC-011, it emphasizes the need for a detailed breakdown of expenses, ensuring that all parties are aware of the financial implications of the case.

Understanding these documents can help individuals navigate the complexities of legal costs and ensure that they are properly accounted for in court proceedings.

Dos and Don'ts

When filling out the California MC-011 form, it’s important to follow certain guidelines to ensure accuracy and compliance. Here are four things you should and shouldn't do:

  • Do double-check all amounts entered. Accuracy is crucial.
  • Don't leave any sections blank. If a section does not apply, indicate that clearly.
  • Do use the correct format for dates and amounts. This helps prevent confusion.
  • Don't forget to attach any required documentation. Missing attachments can delay processing.

Misconceptions

Here are some common misconceptions about the California MC-011 form:

  • It is only for attorney fees. Many people think the MC-011 form is solely for claiming attorney fees. In reality, it covers a variety of costs including jury fees, deposition costs, and witness fees.
  • All costs can be recovered. Not every expense listed on the form is recoverable. Only certain costs that are deemed necessary for the case can be claimed under California law.
  • You must submit the form with every filing. Some believe that the MC-011 must accompany every court filing. However, it is only required when you want to claim costs after a judgment or settlement.
  • It can be filled out without documentation. Some think they can complete the form without supporting documents. In truth, detailed records and receipts are necessary to substantiate the claimed costs.
  • Filing the form guarantees cost recovery. Many assume that submitting the MC-011 will automatically lead to recovering costs. The court will review the form and determine what is reasonable and appropriate.
  • It is the same as a bill. Some people confuse the MC-011 with a standard bill. The MC-011 is a formal request for costs and must follow specific guidelines set by the court.

Key takeaways

Here are key takeaways for filling out and using the California MC-011 form:

  • Purpose: The MC-011 form is used to document and request reimbursement for costs incurred during legal proceedings.
  • Categories: The form includes various categories such as filing fees, jury fees, deposition costs, and expert fees.
  • Attachments: Additional details about specific costs can be provided in the attachments referenced in the form.
  • Accuracy: Ensure all amounts are accurate and reflect actual costs to avoid delays in processing.
  • Submission: The completed form must be filed with the court, and copies should be kept for your records.
  • Deadlines: Be mindful of any deadlines for submitting the MC-011, as late submissions may not be accepted.
  • Consultation: If you have questions about the form or specific costs, consider consulting with an attorney for guidance.