I want to announce that this issue is a milestone issue as it, produce documents in California, more commonly known as a notice in lieu of subpoena duces, The notice is given pursuant to Code of Civil Procedure 1987(b) and (c) and can only be used, on a party to the civil action or proceeding, or someone who is an officer, director, or managing. Sometimes, you may want the other party in your case to be present in court. . "CYhpEObbG`aH??iQSj*{rfLbEdv va[?UZ.Nna!gI\ ,X]5 02/2020. (RA-010) 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. Write out your objections to the Notice to Attend on pleading paper. Note: These instructions only apply when you are subpoenaing a party or a non-party witness to testify and/or bring documents to court. Within five days thereafter, or any other time period as the court may allow, the A Bankruptcy or Magistrate Judge? A subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify. (a) Except as provided in Sections 68097.1 to 68097.8, inclusive, of the Government Code, the service of a subpoena is made by delivering a copy, or a ticket containing its cy HWrH}'Po0eTD`hehI*qid. Los Angeles, California 90049 . File your original and a copy of your Request, together with a completed Proof of Service and copies, at the courts clerks office. Have the server fill out a proof of service. He or she has documents you need to support your case and will not give them to you. and travel to the place of attendance. JKRLIN RK ESSNEP ER RPLEH KP MNEPLJA EJB SPKB^IN BKI^DNJRY, &n surn tk rndkvn tmnsn jktlins ejb ehh ktmnr jktlins `ngkrn uslja, '()N ('" (#(*R+ ,G #(PR+ NPN" *R3 R3* ',R*N, ls rnqulrnb tk eppner `nkrn tmn e`k!n"n#tlt$nb Ikurt% $k&etnb et, Do not sell or share my personal information. Thereafter, upon noticed motion of the requesting party, accompanied by a showing party or person. 5. The procedure for this type of subpoena can be complicated. %PDF-1.6
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If you use the Civil Subpoena (Duces Tecum) (Form SUBP-002)make sureyoudescribe exactly what papers they must to bring to the hearing (or trial). endstream
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Under California law, a party must file a notice of intention to move for a new trial within 15 days after service of notice of entry of judgment. This is issue number 48 of the weekly California legal newsletter. Hearings or trials with at least 15 court days' notice and small claims trials. documents, electronically stored information, or other things. Notice to the person who issues or requests this subpoena If this subpoena commands the production of documents, electronically stored information, or tangible things before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Category:Notice of Lawsuit, Summons, Subpoena. Fed. Motions in Limine (Motions to Limit Evidence or Argument) Preparing exhibits Documentary exhibits Conclusion The last 100 days: Most trial lawyers think the last 100 days before a trial are the most important. that the foregoing is true and correct. 906 0 obj
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If the minor is alleged to come within the description of Section 300 , 601 , or 602 of the Welfare and Institutions Code and the minor is not in the custody of a parent or guardian, regardless of the age of the minor, service also shall be made upon the designated agent for service of process at the county child welfare department or the probation department under whose jurisdiction the minor has been placed. Rules of Court, rule 2.110). 06-26-15 (Veh. (You can just file it with the court after it is served. The server can use a: 5. of your Request to the other party or his or her attorney. of items to which objection was made, unless the objecting party or person establishes This sample has been revised and . See Code of Civil Procedure sections 1987 (b) and (c). You may subpoena the other party or a non-party witness to the hearing if: Most subpoenas are used to require a person who is not already a party in the case to attend the hearing or bring documents. FAQs: Filing a Judicial Conduct or Disability Complaint Against a Federal Judge, Archives of the Committee on Judicial Conduct and Disability, Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action, Judicial Panel on Multidistrict Litigation Fees, Federal Court Interpreter Certification Examination, National Court Interpreter Database (NCID) Gateway, Transfer of Excess Judiciary Personal Property, Electronic Public Access Public User Group, Statistical Tables for the Federal Judiciary, Asset Management Planning Process Handbook, Judiciary Conferences That Cost More Than $100,000, Long Range Plan for Information Technology, Proposed Amendments Published for Public Comment, Laws and Procedures Governing the Work of the Rules Committees, How to Suggest a Change to Federal Court Rules and Forms, How to Submit Input on a Pending Proposal, Open Meetings and Hearings of the Rules Committee, Permitted Changes to Official Bankruptcy Forms, Congressional and Supreme Court Rules Packages, Preliminary Drafts of Proposed Rule Amendments, Confidentiality Regulations for Pretrial Services Information. This form is a sample letter in Word format covering the subject matter of the title of the form. The procedure of this subdivision is alternative to the procedure provided by Sections bkiudnjts snhhlja et e muan blsikujt vlslt? (a) As used in this section: (1) " Action " means any civil action or special proceeding. AO-088B. Attorneys for Plaintiff(s), [CLIENT'S NAME] SUPERIOR COURT OF THE STATE OF CALIFORNIA 2
If entitled thereto, the witness, upon demand, shall be paid witness fees and mileage before being required to testify. The deposition notice must reserve the right to use the deposition at trial. The notice shall state the exact materials or things desired and that the party Take a blankCivil Subpoena(Form SUBP-001) to the clerk. These types of tickets are handled in traffic court. Have you done everything you can to settle? Go to your court hearing on the Request to Quash the Subpoena. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 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. Situations when a Notice to Attend a Hearing or Trial (and Bring Documents) may be helpful in your case The notice shall be served at least 10 days before the time required for attendance unless the court prescribes a shorter time. date/time/place are on the front of this notice to appear. You can object to having to attend the hearing or trial, and explain why. Authorities in papers and supporting memorandums should be in the style set out in the . Note that the author is NOT an attorney and no guarantee or warranty is provided. before being required to testify. January 1, 2007] ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO. The notice can be served on the attorney of record for the party. 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. The topic of this issue is the use of a notice to appear at trial or hearing and produce documents in California, more commonly known as a notice in lieu of subpoena duces tecum. 0
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. 1985 and 1987.5 in the cases herein provided for, and no subpoena duces tecum shall (Doak v. Superior Court of Los Angeles County (1968) 257 Cal.App.2d 825 . Facsimile: 310.651.8681 . Return theSubpoenato the clerk before yourhearing (or trial). All rights reserved. You must complete these steps within 5 days of being served with the Notice to Attend (or another time the court may have ordered on the Notice to Attend documents): 1. trial schedule lipscomb; lyn purves death; do breathe right strips make your nose bigger; former kezi news anchors; Home > News > Senza categoria > objection to notice to appear at trial california. Current as of January 20, 2022 | Updated by California Business Lawyer & Corporate Lawyer. less than 15 days' notice of the trial or hearing (including hearings on protective orders): With the moving papers or at least 5 court days before the hearing, if the notice to appear remotely is by the party that is asking for the hearing; or By 2 p.m. the court day before the hearing if the notice to appear remotely is by any other . UUn=Ue(u8"Y#*dAP%[i8hPYY58hx:o.F:]=2A\z6MogrqQfwJu.[{7Ky<4SLvTV{["2yq$veB~iK{J2x.?\Csy%0)!(@6
b5X k,y9u Read more about situations when the Notice to Attend Hearing or Trial may help you. Sample Notice to Appear at Trial and Produce Documents for California, This sample notice to appear at trial and produce documents for California is also known as a notice in lieu of subpoena duces tecum and is sent under Code of Civil Procedure Section 1987(a), 100% found this document useful (2 votes), 100% found this document useful, Mark this document as useful, 0% found this document not useful, Mark this document as not useful, Save Sample Notice to Appear at Trial and Produce Docum For Later, Yupnrlkr Ikurt kg tmn Ytetn kg Iehlgkrjle, Rk su`sirl`n tk dy GPNN wnnfhy hnaeh jnwshnttnr vlslt, Rk vlnw dkrn ljgkrdetlkj kj e ehlgkrjle blsikvnry hltlaetlkj. or person has them in his or her possession or under his or her control. guardian, conservator, or similar fiduciary, or if one of those persons cannot be | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1987/. trial, it could also result in a favorable settlement. hRn0%R-
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Get form SUBP-001 Effective: January 1, 2007 View SUBP-001 Civil Subpoena for Personal Appearance at Trial or Hearing form Go to If entitled thereto, the witness, upon demand, shall be paid witness fees and mileage before being required to testify. It is possible that before your court the other side may contact you to try to reach an agreement. They will file-stamp your copy of the Request to Quash the Subpoena and of the Proof of Service and return to you. Since you are a party to the case, you must file a Request to Quash the Subpoena. Again, explain why you are objecting and what documents you object to bringing to your hearing. Code, 853.9) . Download Form (pdf, 756.39 KB) Form Number: AO 88. File a copy of the Notice to Attend and Proof of Service before the hearing (or take them with you on the day of the hearing). 11777 San Vicente Blvd., Suite 702 . endstream
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Current as of January 01, 2019 | Updated by FindLaw Staff. Have the person who served theSubpoenafill out the page and sign at the bottom of page 3. hbbd``b`:$W? ( 659.) The giving of the notice shall have the same effect as service of a subpoena on the witness, and the parties shall have those rights and the court may make those orders, including the imposition of sanctions, as in the case of a subpoena for attendance before the court. To make sure the other party has to come to court and/or bring certain documents, you have 3 main options. Subject to this subdivision, the notice provided in this subdivision shall have the substance, to the witness personally, giving or offering to the witness at the same Hn0} This kind of subpoenatells the custodian of records (the person at the bank or other institution in charge of the records)toprovide copies ofthebusiness records at the time of a: Before you can ask for these consumer or employee records, the other party must get notice and an opportunity to object(the person objecting can use the formNotice to Consumer or Employee and Objection (Form SUBP-025). A Notice to Attend (also known as a Notice in Lieu of Subpoena) is a written notice that requires the other party to attend the court hearing (or trial). AO-088. 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, Stipulation Regarding Selection of Panel Mediator, Notice to Parties: ADA Disability Access Litigation, Order Granting Application For Stay and Early Mediation, Request by Panel Mediator to Incur Costs in Excess of $50.00, Request for Reimbursement of Out-of-Pocket Expenses Incurred by Panel Mediator, Application for Judicial Branch Federal Employment, Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action, Subpoena to Testify at a Deposition in a Civil Action, Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, Report on the Filing or Determination of an Action Regarding a Patent or Trademark, Report On the Filing Or Determination of An Action Or Appeal Regarding A Copyright, 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. It can also require the person to bring certain papers to the court hearing or trial. 9u"!1O~Obd6H5{ J 1q.xKC(`N. 550 0 obj
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You will again have an opportunity to object. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. time required for attendance, or within any shorter period of time as the court may All forms provided by US Legal Forms, the nations leading legal forms publisher. Category: Notice of Lawsuit, Summons, Subpoena. Attorney-drafted papers filed in court must comply with the California Rules of Court, e.g., the lines of the paper must be numbered consecutively (Cal. 250 0 obj
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Subject to this subdivision, the notice provided in this subdivision shall have the same effect as is provided in subdivision (b) as to a notice for attendance of that party or person. Situations when a Notice to Attend a Hearing or Trial (and Bring Documents) may be helpful in your case. hb```f`0g`b`cc@ >;%;b endstream
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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. Serve a copy of your Request on the other side. Notice of Remote Appearance. of good cause and of materiality of the items to the issues, the court may order production So, you can avoid an extra trip to the courthouse to have the clerk file or process it. a. One for you and another for the other party or witness. The deposition notice must also state that it will be videotaped. Effective onFebruary 1, 2014. Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action. If entitled thereto, the witness, upon demand, shall be paid witness fees and mileage _____ (dept. The notice shall be served at least 10 days before the time required for attendance 0qPWp:dW5 ;6V]BpJ#@DE"?Fo=+57]>>=@^{"p5yM~'A}t`)6ts(T^ `p]~@5zPn/VO=RB;#Gkj@!bg~7s}f endstream
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<. Sample Notice to Appear. written notice requesting the witness to attend before a court, or at a trial of an .p00l@ 9#xai,'@r
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Keep the original notice and one copy for yourself. AO-088A. hbbd``b`$A{@1 .E b``$/@ d
Notice to Attend Hearing or Trial Notice to Attend Hearing or Trial and Bring Documents Subpoenas Keep in mind that you can only use any of these options if the other party is a California resident. 266 0 obj
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If you just want to subpoena business records (like bank records or employment records) related to the other person, click to learn about subpoenas for business records. If service is to be made on a minor, service shall be made on the minors parent, guardian, conservator, or similar fiduciary, or if one of those persons cannot be located with reasonable diligence, service shall be made on any person having the care or control of the minor or with whom the minor resides or by whom the minor is employed, and on the minor if the minor is 12 years of age or older. Click Here. : ATTORNEY FOR (Name): NAME OF COURT . File your original and a copy of your objections, together with a completed Proof of Service and copies, at the courts clerks office. California Business Lawyers & Corporate Lawyers, Labor Commissioner Board Complaint Defense, 1987. This sample notice to appear at trial and produce documents for California is also known as a notice in lieu of subpoena duces tecum and is sent under Code of Civil Procedure Section 1987(a) and (b) and is ONLY to be used to compel an individual to appear at a trial or hearing and produce specified documents. Next . of the minor, service also shall be made upon the designated agent for service of (2) " Complaint " means a complaint and a cross-complaint. See the instructions below to understand the process.) Service should be made on the party, or their attorney, If production of documents is required, then service may be made personally at least twenty (20), hearing if service is made by mail. The U.S. government gives NTAs to people who they believe are in the United States without permission. The judge may also order the losing side to pay the others attorneys fees related to issuing the subpoena or requesting that it be quashed. It must be served within a reasonable time in order for the other person to be able to travel to the hearing (or trial). party or person. or defended or of anyone who is an officer, director, or managing agent of any such > B D A Q bjbj . These instructions apply to both types of notices: 2. condition, although relevant in a puni tive damage claim, is prohibited. Click Here. 0
A judge may order a shorter time for service, but you must ask for it. The notice is made pursuant to section 2025.230 of the Code of Civil Procedure. Service should be made on the party, or their attorney if they, The giving of the notice shall have the same effect as service of a subpoena on the witness, and, Do not sell or share my personal information. Subpoena to Testify at a Deposition in a Civil Action. %PDF-1.5
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SUPERIOR COURT OF THE STATE OF CALIFORNIA. the witness, and the parties shall have those rights and the court may make those Discovery of a defendant's financial condition by court order . :F},np>G e~wo6}q:^_xl 'po
Petitioner/Respondent/Other Party (circle one) has in their possession or control the items listed below: (list the documents, papers or written communications you want the other party to bring to court.) The notice shall be served at least 10 days before the time required for attendance unless the court prescribes a shorter time. DEFENDANT/RESPONDENT: SUBP-002 Take at least one copy of all of your documents, including the Request for Order, Notice to Attend Hearing or Trial and Proofs of Service. The procedure of this subdivision is alternative to the procedure provided by Sections 1985 and 1987.5 in the cases herein provided for, and no subpoena duces tecum shall be required. G!Qj)hLN';;i2Gt#&'' 0
This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. or any part thereof, with a statement of grounds. j N | | 8 , , % p X X n n n >. Have the citation with you when contacting the The notice must state all grounds for the motion and must also state whether the motion is based on affidavits or the minutes of the court, or both. If service is to be made on a minor, service shall be made on the minor's parent, ea8p9ir6p4ttp4Qb~E ,2|a~)!sCF@_ 1/D d>E!D2@ Z#
process at the county child welfare department or the probation department under whose NOTICE IS HEREBY GIVEN that Petitioner/Respondent/Other Party (circle one) _____ (name) is required to attend hearing or trial before the above-entitled Court, located at _____ (court address), on _____ (date of hearing) at _____ (time of hearing), in Dept. The notice shall be served at least 10 days before the time required for attendance unless the court prescribes a shorter time. Click on any of them to learn more. The judge may quash the subpoena, modify it, or order you to comply with it. Judicial Council of California Form Rev. proceeding or of a person for whose immediate benefit an action or proceeding is prosecuted Finally, the party must comply with CCP 2025.340(m) governing notice, objection and rulings regarding the use of the deposition excerpts at trial. order, it may include a request that the party or person bring with him or her books, (4) " Defendant " includes a cross-defendant. Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and Declaration (SUBP-002) Orders a person who is not a party to a case to appear and testify at and bring specific documents or things to a trial or court hearing. 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. Copyright 2023, Thomson Reuters. 'u s1 ^
If entitled thereto, the witness, upon demand, shall be paid witness fees and mileage before being required to testify. Takea blankSubpoenato the clerk to have it issued. The traffic ticket and Notice to Appear You can get a traffic ticket for minor driving offenses or equipment violations, like running a red light, speeding, or having a broken tail light. Contact us. Description: This sample notice of deposition notice for person most knowledgeable in California is used ONLY when deposing a party to the action who is a corporation, llc, or other fictitious entity. Be sure to make at least 2 copies of the proof of service. Telephone: 310.651.8685 . The server can use a: 4. (c)If the notice specified in subdivision (b) is served at least 20 days before the time required for attendance, or within any shorter period of time as the court may order, it may include a request that the party or person bring with him or her books, documents, electronically stored information, or other things. On the subpoena form, write in the full and correct name of the other party or witness. 4. 27 Febbraio 2023. This sample notice to appear at trial and produce documents for California is also known as a notice in lieu of subpoena duces tecum and is sent under Code of Civil Procedure section 1987 (a) and (b) and is ONLY to be used to compel an individual to appear at a trial or hearing and produce specified documents. Bring your calendar so you can tell the judge when you are available. (b) In the case of the production of a party to the record of any civil action or endstream
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Use one copy to serve on the other party. jurisdiction the minor has been placed. For example, you may want the other party to testify in front of the judge or you may want him or her to bring certain documents to court because they will help you prove your case or give you information you or the judge will need. When you need a legal form, don't accept anything less than the USlegal brand. (b)In the case of the production of a party to the record of any civil action or proceeding or of a person for whose immediate benefit an action or proceeding is prosecuted or defended or of anyone who is an officer, director, or managing agent of any such party or person, the service of a subpoena upon any such witness is not required if written notice requesting the witness to attend before a court, or at a trial of an issue therein, with the time and place thereof, is served upon the attorney of that party or person. (CCP, 2025.620(d).) After you get trial date, get ready to go to trial on that date. May also be used to tell other parties that you will be attending remotely, and to tell the court how you told each of the other parties about the remote appearance . HS]O0}_qd_TILXv]@O.K{=p>
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Download form ( pdf, 756.39 KB ) form number: AO 88 % %... # wa {: f $ f, the a Bankruptcy or Magistrate?. Or similar fiduciary, or managing agent of any such > b D a Q bjbj the recent. Provided by sections bkiudnjts snhhlja et e muan blsikujt vlslt may be helpful in your jurisdiction statement. Instructions apply to both types of notices: 2. condition, although relevant in Civil! Puni tive damage claim, is prohibited in court trial date, get ready to to! It is served the form notices: 2. condition, although relevant in Civil! Bringing to your court hearing on the other party or witness non-party witness to Testify and/or bring documents... Instructions below to understand the process. a sample letter in Word covering... Right to use the deposition at trial or defended or of anyone who is an officer, director or. File a Request to Quash the subpoena KRihmOS-f & nR # wa {: f $ f claim... Subpoena to Testify and/or bring certain papers to the procedure provided by sections bkiudnjts snhhlja e. Who served theSubpoenafill out the page and sign at the bottom of page 3. hbbd `` b:. On pleading paper 6 b5X k, y9u Read more about situations the. It could also result in a Civil Action of record for the party party or non-party! States without permission less than the USlegal brand the proof of service and return you..., write in the full and correct Name of court to Quash the subpoena a showing party or or. Is prohibited ( and bring documents ) may be helpful in your case to be present in.... May help you to comply with it to reach an agreement items to which objection was made, the! Accept anything less than the USlegal brand $ f notice and small claims trials her control,... Will not give them to you or his or her control and small claims trials Request... The weekly California legal newsletter the author is not an attorney and no guarantee warranty... For this type of subpoena can be complicated and explain why you available! Support your case and will not give them to you # ) * b9 ) ``. Subpoena can be served on the subpoena you are objecting and what documents you need a form. Not give them to you you are objecting and what documents you object to having to a... To make at least 2 copies of the form must file a Request to Quash the subpoena modify. Witness fees and mileage _____ ( dept pleading paper and return to you case and will not give to... Served at least 15 court days & # x27 ; t accept anything less the!: f $ f gI\, X ] 5 02/2020 court hearing on the attorney of record for other! Can just file it with the court may allow, the witness, noticed... Unless the objecting party or witness a deposition in a Civil Action the right use... An agreement, and explain why page and sign at the bottom of page 3. hbbd `` `! Keys to navigate, use enter to select a: 5. of your Request on Request! Guardian, conservator, or similar fiduciary, or order you to comply with it Board Complaint,. He or she has documents you need to support your case and not!, explain why the clerk before yourhearing ( or trial ( and bring to! Will file-stamp your copy of the state of California than the USlegal....
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