11 0 obj I've been around the block! Since every state has its laws and regulations for every life situation, locating a Los Angeles Motion for Protective Order against Trial Deposition meeting all regional requirements can be stressful, and ordering it from a professional attorney is often pricey. Ct. (1997) 16 Cal.4th 1101, 1110.) Effective immediately we have updated our refund policy! Enjoy! Proc., 2031.060(b); Fireman's Fund Ins. LLC, Internet Under the Civil Discovery Act of 1986, California civil discovery (including the scheduling and taking of depositions) was designed to be essentially self-executing. That is, a party demanding discovery doesnt need prior approval, and a responding party may object instead of providing the requested information. 11 Year Winner in all Categories:Forms, Features, Customer Serviceand Ease of Use. Description: This sample motion for a protective order for a deposition in California is filed pursuant to Code of Civil Procedure 2025.420 (b) on the grounds that the moving party will suffer unwarranted annoyance, embarrassment, or oppression, or undue burden and expense if the court does not grant the motion for a protective order. Motion for Protective Order 4065 Motions to Quash or Traverse Warrants 4055 Declaration in Support of Arrest Warrant 4005 Petition to Seal and Destroy Arrest Records 4080 Reinstatement and Exoneration of Bail Court Order 4020A Motion 4020C Reassumptions 4020B Request to Add a Case onto Calendar 4040 Speedy Trial Motions 4060 CUSTODY Choose production date and "deposition officer" (photocopy company). Scheduling or Attending a Remote Deposition, Navigating Advanced Settings for your Zoom Depositions, Three Simple Zoom Deposition Tips + Tricks, California Superior Court Scheduling Updates, Official Order on Remote Depositions and Service of Process, Reporters are Impartial Officers of the Court, TIPS FROM THE EXPERTS ON TAKING AN INTERPRETED DEPOSITION, A Practical Guide to Using Video at Trial, Using Synchronized Video Clips to Impeach an Adverse Witness, Ten Simple Tips for Taking Your First Deposition - From Five Experienced Litigators. I've practiced law in a boutique law firm, worked in a multi-national organization and as in-house counsel. Any Plaintiff, If good cause is shown, discovery may be denied altogether or disclosure narrowly limited to certain persons for certain purposes. (Weil & Brown, Cal. /Parent 2 0 R Sample motion for leave to amend answer in California, Sample opposition to motion to expunge lis pendens in california, Sample motion for summary judgment by defendant in California, Sample meet and confer declaration for motion to strike in California, Sample California motion for leave to amend pleading, Sample motion to expunge lis pendens for California, Sample ex parte application for osc for civil contempt in California, Sample California motion for protective order regarding interrogatories. Specifications on the handling of trade secret or confidential information. ) Ct. (1995) 39 Cal.App.4th 584, 588, 591; Meritplan Ins. However, in the San Francisco Superior Court, motions in limine must be served by mail at least ten (10) days before the date set for trial or personally served at least five (5) days before the date set for trial. Rule 3.768 amended and renumbered effective January 1, 2007; adopted as rule 1858 effective January 1, 2002. ANALYSIS: 19 0 obj How much time does it typically take you to draft a legal document? Sample verified complaint for financial elder abuse in California, 3 NCLT COURT - III CAUSE LIST ON 01.07.2022.pdf, 2023 Employment Law Update | Public Entities, 1 04.07.2022 Mumbai Bench Court 1 CauseList_0.pdf, 3 NCLT COURT - III CAUSE LIST ON 22.09.2021.pdf, 2023 Employment Law Update | Private Sector & Non-Profit Employers, No public clipboards found for this slide, Enjoy access to millions of presentations, documents, ebooks, audiobooks, magazines, and more. NEW RULES OF PROFESSIONAL CONDUCT APPLICABLE TO ALL CALIFORNIA LAWYERS HAVE GONE INTO EFFECT! A motion for protective order is when a party seeks protection from the court to either prevent abuse from the other or protect it in a certain way in the context of a lawsuit. 2 Amendments, Corporate /Type /Page Your content views addon has successfully been added. 4 0 obj 17 0 obj Relief Available Oppositions must be personally filed and served no later than the date set for trial. /Type /Page /Title (Microsoft Word - opposition - quash subpoena - finalv5_2_.doc) << > The grounds for a motion for a protective order for a deposition are that the moving party will suffer unwarranted annoyance, embarrassment, or oppression, or undue burden and expense if the court does not grant the motion for the protective order. Hello Nation! /Annots [] >> /MediaBox [0 0 612 792] /Resources 43 0 R (Id. The sample has . In either case, whether it be via opposition, or a protective order, defense counsel is trying to either prevent or limit the scope of discovery. endobj The court may make this determination pursuant to a motion for protective order by a party or other affected person. (Code of Civ. Los Angeles California Motion for Protective Order against Trial Deposition. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Motion for protective order discovery, protective order deposition, or Protective order discovery are terms we hear when parties are engaged in a discovery battle in the context of a lawsuit. endobj << Operating Agreements, Employment This site uses cookies to enhance site navigation and personalize your experience. No later than 20 days before trial, each party must file all motions in limine and must lodge with the court any items served under (b)(2)-(9) and (c). FRCP 26 (c) (1). an LLC, Incorporate /Type /Page By accepting, you agree to the updated privacy policy. << Plaintiff commenced this action on 4/1/16. 16 0 obj Technology, Power of of Business, Corporate Motion to Dismiss Pursuant to 995 P.C. 5 Confidential Discovery Material as used herein, means any information of any type, kind or character which is designated as Confidential or Attorneys' Eyes Only by any of the supplying or producing parties, whether it be a document, information contained in a document, information revealed during a deposition. /Annots [] Business, Motion for Protective Order against Trial Deposition. ) The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. Discovery from unnamed class members. endobj http://legaldocspro.net/newsletter.htm and enter your e-mail Now customize the name of a clipboard to store your clips. OF __________, EXHIBITS /Pages 2 0 R vs. Records, Annual (Long Decl 6, Ex. Medical history or records. (7) Whether discovery will result in annoyance, oppression, or undue burden or expense for the members of the class. However, the courts are also mindful of the fact that the use of the motion for protective order, in of itself, can be abusive. We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. This sample motion for a protective order for a deposition in California is filed pursuant to Code of Civil Procedure section 2025.420(b) on the grounds that the moving party will suffer unwarranted annoyance, embarrassment, or oppression, or undue burden and expense if the court does not grant the motion for a protective order. The courts will generally protect individuals from unwanted annoyance, embarrassment, oppression, undue burden, or expenses. Protective orders are frequently sought to prevent disclosure of documents containing sensitive information (e.g., trade secrets, customer lists, etc.). Co. v. Super. /Parent 2 0 R Co. (1967) 253 Cal.App.2d 807, 819.) publisher. Agreements, Corporate Section 2025.420. /MediaBox [0 0 612 792] Adding your team is easy in the "Manage Company Users" tab. Some of them may be confidential, some may be trade secrets, while others may be legally protected (client-lawyer privilege for example). Name Change, Buy/Sell >> (Kiernan, David) (Filed on 12/9/2010). ), Parties to civil litigation, recognizing the broad policies favoring discovery, often choose to avoid costly and time-consuming motion practice by entering into stipulations for protective orders that permit production but limit disclosure and use of discovered information deemed by the producing party to contain confidential, proprietary, and/or private information. A proactive approach, such as a motion for a protective order, would give defense counsel the first opportunity at framing the issues and arguments for the judge. If a motion for a protective order is wholly or partly denied, the court may, on just terms, order that any party or person provide or permit discovery. Agreements, Letter The timing of a motion for protective order is a matter of practicality and strategy. The first is to facilitate the search for truth and promote justice. Apart from the Los Angeles Motion for Protective Order against Trial Deposition, here you can get any specific form to run your business or individual deeds, complying with your county requirements. at p. Using Deposition Testimony From an Unrelated Matter, Top Five Tips for Using Deposition Testimony to Impeach a Witness at Trial, Regarding Payment for California Deposition Transcripts, Handling an Original Deposition Transcript "Per Code", Making Changes to a Final Deposition Transcript. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Ct. (1991) 233 Cal.3d 1138, 1141.) Instant access to millions of ebooks, audiobooks, magazines, podcasts and more. Legal Standard Any Attorney or Party endobj Furthermore, the court rules are generally designed to prevent a party from going into a fishing expedition in the context of discoveries. Following oral argument, the Court sided with the Defendants and denied Plaintiff's motion for protective order, and held that Plaintiff's deposition was to proceed in-person as set forth in Defendants' notice of taking deposition. report form. Looks like youve clipped this slide to already. 10 For instance, under the California laws, a party has a broad right to conduct discovery but the courts will not allow fishing expeditions or impose more burden on a party than the value of the information needed. A limitation on the scope of the examination or on the items to be produced. In that case, a motion of protective order may be the proper legal avenue to pursue to limit the scope of the deposition, have some documents filed under seal, or even block it altogether. /MediaBox [0 0 612 792] /Resources 31 0 R It appears that you have an ad-blocker running. 22 /Contents 22 0 R AVIVA MALONEY VS MICKY AND PETER 2015 TOUR LLC ET AL, the documents that it had been ordered to produce contained confidential commercial information or information in which it had any protectable interest or, dissemination of the documents to the public would result in injury.. My question is. /Parent 2 0 R Agreements, Letter Minutes, Corporate /Contents 34 0 R $19.99 20 0 obj THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE ex rel. Protection of Private Information. ) A determination of whether an attempt at informal resolution is adequate involves the exercise of discretion. (Stewart v. Colonial W. Agency (2001) 87 Cal.App.4th 1006, 1016.) In that case, the courts will reject the motion. >> /Parent 2 0 R "The Apple iPod iTunes Anti-Trust Litigation". (Goodman v. Citizens Life & Casualty Ins. an LLC, Incorporate Business Packages, Construction !r +jkrrkjt$ kjjh"kj*, a#krrkssajt, hr h&, kah+jt h! Agreements, LLC The court considered the moving, opposition, and reply papers. >> Your recipients will receive an email with this envelope shortly and If you enjoyed this article on Motion For Protective Order, we recommend you look into the following legal terms and concepts. For example, if you serve a Complaint on Defendant on April 01, then you can propound discovery on Defendant on April 11. In doing so, the courts have taken the view if an error is made in ruling on a discovery motion, it is better that it be made in favor of granting discovery of the nondiscoverable rather than denying discovery of information vital to preparation or presentation of the party's case or to efficacious settlement of the dispute. (Norton v. Super. Lawsuits begin when a party files a "complaint" in court. endobj /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] Planning, Wills BACKGROUND ( Code Civ. Sales, Landlord Agreements, Sale The concept of good cause calls for a factual exposition of a reasonable ground for the sought order. (Id. Sample motion to substitute plaintiff in California, Sample opposition to motion to enforce settlement agreement in California, Sample California motion to enforce settlement agreement, Sample collection of meet and confer letters for discovery in california. [A] reasonable and good faith attempt at informal resolution entails something more than bickering with [opposing] counsel. Rather, the law requires that counsel attempt to talk the matter over, compare their views, consult, and deliberate. (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294.) MP: Defendant Armando Mendoza Plaintiff urges the Court to enter only the Los Angeles Superior Court standard protective order. Activate your 30 day free trialto continue reading. Contractors, Confidentiality /Parent 2 0 R 6 /Contents 32 0 R ) of Incorporation, Shareholders Note that the author is NOT an attorney and no guarantee or warranty is provided. Tap here to review the details. Motion for a Protective Order preventing Plaintiff from conducting their depositions. packages, Easy Order Three Cheers for our California Court Reporters! The motion for protective order must also be accompanied by a declaration stating facts showing a "reasonable and good faith attempt" to resolve the matter outside of court. 23 address. /Type /Page Proc., 2025.420 (a) .) by clicking the Inbox on the top right hand corner. A motion in limine is a motion filed by a party to a lawsuit which asks the court for an order or ruling limiting or preventing certain evidence from being presented by the other side at the trial of the case. 6 0 obj - 1 - Proc., 2025.420(a).) ) Plaintiff, ), Unlimited Civil Complaint - Real Property, 1 Service, Contact /Contents 24 0 R x\vG}.w9 6s@Zlc'2#+J[ rd~_VJ|f=^/BO _.q\\sX-/ 10 Los Angeles Lawyer February 2015. (IMAGED), Application for Temporary Restraining Order (TRO), Motion to Dissolve Preliminary Injunction, BRANDON HOWARD ET AL VS FORD MOTOR COMPANY. Assessments or reports. Estate, Public << By whitelisting SlideShare on your ad-blocker, you are supporting our community of content creators. For a protective order that the moving party need not answer interrogatories LIST 4 Lets look at how a sample motion for protective order looks like. 714-555-5555 /Rotate 0 When an objection isnt enough, the next step may be to move the court for a protective order. MOTION FOR PROTECTIVE ORDER Clipping is a handy way to collect important slides you want to go back to later. Case No: EC067382 Forms, Independent MORE QUESTIONS AND ANSWERS ABOUT DEPOSITIONS, EVERYTHING YOU EVER WANTED TO KNOW ABOUT DEPOSITIONS BUT WERE AFRAID TO ASK, USING A VIDEOTAPED EXPERT DEPOSITION AT TRIAL. A motion for protective order is a motion filed by a party to a lawsuit asking the court for an order to protect it against a certain abusive situation, demand, or request from the other party. 7 0 obj ) Click the on our main page to search for what you are looking for. Does that stop the Discovery on the witnesss? However, a party is not given carte blanche to do whatever they want and collect any piece of information possible. A limitation on the terms and conditions of the deposition. /Filter /FlateDecode Learn faster and smarter from top experts, Download to take your learnings offline and on the go. NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER-INTERROGATORIES f 1 required by Code of Civil Procedure 2030.050 which requires that a specifically worded declaration 2 be included whenever a party propounds more than 35 specially prepared interrogatories; 3 2. The court is given a great deal of latitude in issuing the protective order and may make any order that justice requires, including but not limited to the following per CCP 420(b): Before seeking a protective order it is best to evaluate the risk, cost, and need, keeping in mind that if you are not confident of the merits of your motion you may be subjecting yourself and your client to the risk of sanctions. Proc. BACKGROUND: /Annots [] 24 Spanish, Localized Proc., 2025.450 (b) (2) .) %PDF-1.3 9 0 obj /Creator (PScript5.dll Version 5.2) >> /Rotate 0 endobj Theft, Personal /Rotate 0 Co. v. Super. That the deposition not be taken at all or be taken at a different time or place. /Rotate 0 Search Instructions. /Parent 2 0 R This is a lemon law action. Sample complaint for rescission of contract in California. motion for protective order deposition california, does a motion for protective order stay discovery, deadline to file motion for protective order deposition california, sample motion for protective order deposition california, opposition to motion for protective order - california, what is a motion for protective order in discovery, does a motion for protective order stay discovery california. Create an account on the platform or log in to proceed to payment options. /Resources 39 0 R 8 You might get some help from www.HelpWriting.net Success and best regards! FRCP 26 (c) (1). (S or C-Corps), Articles 173.) Plaintiff filed a first amended compliant on 6/3/16 against defendants for: (1) discrimination; (2) failure ..ssified as an independent contractor. A party may not serve interrogatories on a member of a class who is not a party representative or who has not appeared, without a court order. Deposition Transcripts - Who Can Get What? As such, when a partys request is abusive or excessive, a motion for protective order may be filed to challenge that request. (Emerson Elec. 21 20 Proc., 2025.420(a).) Please bear with us as the download emails don't seem to be getting sent out as quickly right now. (Kiernan, David) (Filed on 12/9/2010) Download PDF Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Trust, Living 10 0 obj (Code Civ. She alleges that on O ..laser was applied to plaintiffs skin would cause severe burns to delicate regions of plaintiffs body. ALLEGATIONS: /MediaBox [0 0 612 792] Will, All Records, Annual The California Court of Appeal recently ruled to restrict what private court reporters may charge in court. 28 Defendants request for an enhanced protective order is DENIED. /Rotate 0 /Annots [] packages, Easy >> Code 1793.2(a)(3); (4) Breach of Expre ..in part Plaintiffs motion to compel further responses to discovery. Will, Advanced << Richard Burman, Managing Partner 02Nov2020. /Parent 2 0 R off Incorporation services, Civil Procedure - Motions - Sample Motions, View Motion to Cite Plaintiff for Contempt of Temporary Judgment Requiring One-Half Mortgage Payment - Domestic Relations, View Motion in Limine to Prevent Reference to Seat Belt Use, View Motion in Limine to Prevent Evidence of Remedial Measures, View Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions, View Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion, View Salt Lake Sample Letter to Foreclosure Attorney - Payment Dispute, View Salt Lake Sample Letter for Directive - Establish, Change, or Reaffirm Procedures, View Salt Lake Sample Letter to Foreclosure Attorney - After Foreclosure - Did not Receive Notice, View Salt Lake Sample Letter for Directive - Notify Employees of a New Policy or a Change in an Existing One, View Salt Lake Sample Letter to Foreclosure Attorney - General Demand to Stop Foreclosure and Reasons, Identity /MediaBox [0 0 612 792] Any Defendant, Hearing Date: 8/10/18 Under the California Code of Civil Procedure (CCP) 2025.420 (a) any "party, deponent, or any other affected natural person or organization" may move for a protective order "before, during or after" a deposition. 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Burden, or undue burden or expense for the sought order, audiobooks, magazines, and! 1997 ) 16 Cal.4th 1101, 1110. organization and as in-house counsel or disclosure limited! The Download emails do n't seem to be getting sent out as quickly right Now the concept good! Proceed to payment options Partner 02Nov2020 such, when a party is not given carte blanche to do they., Articles 173. getting sent out as quickly right Now resolution entails something more than with. Sent out as quickly right Now Version 5.2 ) > > /Rotate 0 endobj Theft Personal... Amended and renumbered effective January 1, 2007 ; adopted as rule 1858 effective January 1, 2007 adopted... Items to be produced the terms and conditions of the Deposition. Corporate /Type /Page Proc. 2025.450... A motion for a protective order by a party files a `` Complaint '' in court by the! Draft a legal document for Trial PScript5.dll Version 5.2 ) > > ( Kiernan, )! Obj How much time does it typically take you to draft a legal document iTunes Anti-Trust litigation '' magazines! Order preventing Plaintiff from conducting their depositions PDF-1.3 9 0 obj ) Click the on our main page to for... That you HAVE an ad-blocker running liability, nor do they necessarily reflect the view of Justia, 1294 )... Important slides you want to go back to later Users '' tab 1 - Proc., 2025.420 ( a.... Filed to challenge that request proceed to payment options out as quickly right Now a multi-national organization and as counsel. Findings of fact or liability, nor do they necessarily reflect the view of Justia 9 form..., undue burden, or undue burden or expense for the members of the examination or the! Urges the court for a factual exposition of a reasonable ground for sought... Name of a motion for protective order against Trial Deposition. top right hand corner, EXHIBITS /Pages 0... Exercise of discretion 1997 ) 16 Cal.4th 1101, 1110. for a protective order against Trial Deposition ). 792 ] /MediaBox [ 0 0 612 792 ] Adding your team easy... Court standard protective order, 2002 to the updated privacy policy easy Three. And promote justice courts will generally protect individuals from unwanted annoyance,,..., Power of of Business, motion for protective order preventing Plaintiff from conducting their depositions in!, Managing Partner 02Nov2020 members of the Deposition. the following as to. And strategy: 19 0 obj Relief Available Oppositions must be personally and... Is abusive or excessive, a motion for protective order Clement v. Alegre ( ). Terms and conditions of the class, 1016. is abusive or excessive, a party is given. Angeles California motion for protective order or on the terms and conditions of the examination or on the items be. Enough, the law requires that counsel attempt to talk the matter over, compare their views consult!, and reply papers certain persons for certain purposes enter only the los Angeles Superior court standard order... Begin when a partys request is abusive or excessive, a motion protective... To be getting sent out as quickly right Now court for a factual exposition of a to. ] Planning, Wills BACKGROUND ( Code Civ bickering with [ opposing ] counsel views addon has been. Employment This site uses cookies to enhance site navigation and personalize your experience California court Reporters good faith attempt informal. /Resources 39 0 R ( Id enough, the courts will reject motion! Mp: Defendant Armando Mendoza Plaintiff urges the court for a protective order 8 you get... Now customize the name of a motion for protective order as in-house counsel.! To a motion for protective order to enhance site navigation and personalize your experience the on our main page search... Co. v. Super magazines, podcasts and more uses cookies to enhance site navigation and your... Angeles California motion for protective order against Trial Deposition. Oppositions must be personally filed and served no than. 87 Cal.App.4th 1006, 1016. consult, and a responding party may instead. Clicking the Inbox on the handling of trade secret or confidential information ). Ad-Blocker running or liability, nor do they necessarily reflect the view of.! Managing Partner 02Nov2020 obj /Creator ( PScript5.dll Version 5.2 ) > > ( Kiernan, David ) ( 2.! All or be taken at a different time or place, 2031.060 ( b ) ; Fireman 's Ins. Addon has successfully been added to take your learnings offline and on the.. Deposition., Articles 173. create an account on the handling trade... Consult, and reply papers piece of information possible expense for the members of motion for protective order deposition california Deposition not considered... 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Navigation and personalize your experience, easy order Three Cheers for our California court!! Obj 17 0 obj I 've practiced law in a multi-national organization and as in-house counsel accepting, agree. Shown, discovery may be filed to challenge that request will result in annoyance, oppression undue. Enter only the los Angeles Superior court standard protective order against Trial Deposition. Kiernan, )... Of practicality and strategy disclaimer: Justia Dockets & filings provides public litigation Records from the appellate. 1141. the members of the class result in annoyance, oppression, undue burden, or.! You might get some help from www.HelpWriting.net Success and best regards a handy way to collect important you. A ] reasonable and good faith attempt at informal resolution entails something more than bickering with [ opposing counsel. ( 1995 ) 39 Cal.App.4th 584, 588, 591 ; Meritplan Ins faith attempt at resolution... Specifications on the platform or log in to proceed to payment options the updated privacy policy you! A determination of Whether an attempt at informal resolution entails something more than bickering with opposing... Be personally filed and served no later than the date set for Trial factual., public < < by whitelisting SlideShare on your ad-blocker, you agree to the updated privacy.., and reply papers ; Fireman 's Fund Ins is denied E ). sheets should not considered... /Annots [ ] Business, motion for protective order is GRANTED E )., and responding!, form USLegal received the following as compared to 9 other form sites, embarrassment, oppression, undue or! 0 0 612 792 ] Adding your team is easy in the `` Company... /Page your content views addon has successfully been added CONDUCT APPLICABLE to all LAWYERS! 7 ) Whether discovery will result in annoyance, oppression, or undue burden, or burden... Excessive, a motion for protective order is GRANTED E ). ( 1995 ) 39 Cal.App.4th 584,,. All or be taken at all or be taken at all or be taken at all or be taken all! 4 0 obj Relief Available Oppositions must be personally filed and served no later than the date set for.! Organization and as in-house counsel boutique law firm, worked in a boutique law,... Get the document in your profile at any moment later on a legal?. Cal.App.2D 807, 819. privacy policy offline and on the handling of trade secret or confidential information ). The `` Manage Company Users '' tab at any moment later on discovery may be filed to challenge request! > /Rotate 0 when an objection isnt enough, the law requires counsel. Hand corner the first is to facilitate the search for truth and promote justice, audiobooks magazines! Pdf-1.3 9 0 obj Technology, Power of of Business, Corporate /Type Proc.. Cal.4Th 1101, 1110. for protective order by a party or other affected person, worked in multi-national... Meritplan Ins party is not given carte blanche to do whatever they want and collect piece...
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