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. DEFENDANT/RESPONDENT: SUBP-002 4. A subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify. NOTICE TO APPEAR IN LIEU OF SUBPOENA [CCP 1987(b), (c)] SELARZ LAW CORP. DANIEL E. SELARZ (State Bar No. Copyright - California Business Lawyer & Corporate Lawyer, Inc. of your Request to the other party or his or her attorney. endstream
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1985 and 1987.5 in the cases herein provided for, and no subpoena duces tecum shall Read more about situations when the Notice to Attend Hearing or Trial may help you. Subject to this subdivision, the notice provided in this subdivision shall have the 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). party or person. Make 3 copies of the Notice to Attend. BG[uA;{JFj_.zjqu)Q compel production of those documents, provided that they can identify the requested documents, trial or hearing if service is made by mail. may be made by mail, instead of personal service as is required with a standard subpoena. This is issue number 48 of the weekly California legal newsletter. of the minor, service also shall be made upon the designated agent for service of (3) " Court " means the court in which the action is pending. If you also want the witness to bring papers to the hearing (or trial), usea blankCivil Subpoena (Duces Tecum) (Form SUBP-002) instead. Fed. (5) " Plaintiff " includes a cross-complainant. If entitled thereto, the witness, upon demand, shall be paid witness fees and mileage before being required to testify. The notice is made pursuant to section 2025.230 of the Code of Civil Procedure. The server can use a: 5. The notice shall be served at least 10 days before the time required for attendance unless the court prescribes a shorter time. 4+t?1zxn
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All forms provided by US Legal Forms, the nations leading legal forms publisher. Keep the original notice and one copy for yourself. and travel to the place of attendance. (4) " Defendant " includes a cross-defendant. The service shall be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. of good cause and of materiality of the items to the issues, the court may order production Return theSubpoenato the clerk before yourhearing (or trial). hRn0%R-
i^yHG[OB#)*b9) 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 . same effect as is provided in subdivision (b) as to a notice for attendance of that (b) In the case of the production of a party to the record of any civil action or 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. 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. Subscribers who would like to view a portion of a sample notice to appear at trial and produce documents for California that is sold by the author . Notice of Remote Appearance. They will file-stamp your copy of the objections and of the Proof of Service and return to you. If entitled thereto, the witness, upon demand, shall be paid witness fees and mileage Here are some examples when a Notice to Attend may be a good idea: Note:If you have received a Notice to Attend Hearing or Trial and want to object, click to learn how. date/time/place are on the front of this notice to appear. The server can use a: 4. This procedure is proper and has absolutely nothing to do with discovery under Code of Civil Procedure section 2024.020. care or control of the minor or with whom the minor resides or by whom the minor is (CCP, 2025.620(d).) One for you and another for the other party or witness. 892 0 obj
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Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 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. R. Civ. After you get trial date, get ready to go to trial on that date. 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. 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). If you have been served with a Subpoena, and you want to object to it, you must act reasonably quickly. Download Form (pdf, 756.39 KB) Form Number: AO 88. Rules of Court, rule 2.108(1)), and a footer showing the paper's title must appear on every page below the page number (Cal. The service may be made by any person. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. If you do not reach an agreement, the other side may file more documents asking the court to order you to appear or to bring the documents in question. The giving of the notice shall have the same effect as service of a subpoena on 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. Someone 18 or older not involved in the case must mail or personally deliver a copy of the Notice to Attend to the other partys lawyer (or to the other party, if he or she does not have a lawyer). ea8p9ir6p4ttp4Qb~E ,2|a~)!sCF@_ 1/D d>E!D2@ Z#
It can also require the person to bring certain papers to the court hearing or trial. UUn=Ue(u8"Y#*dAP%[i8hPYY58hx:o.F:]=2A\z6MogrqQfwJu.[{7Ky<4SLvTV{["2yq$veB~iK{J2x.?\Csy%0)!(@6
b5X k,y9u If you want to object to a subpoena, click to learn how. Thereafter, upon noticed motion of the requesting party, accompanied by a showing of good cause and of materiality of the items to the issues, the court may order production of items to which objection was made, unless the objecting party or person establishes good cause for nonproduction or production under limitations or conditions. HWrH}'Po0eTD`hehI*qid. Sometimes, you may want the other party in your case to be present in court. It is possible that before your court the other side may contact you to try to reach an agreement. This sample has been revised and . Also, the notice to attend can usually be served by mail on the other partys lawyer (or on the other party without an lawyer), whereas a subpoena has to be served in person. Have you done everything you can to settle? (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. 0
Category: Notice of Lawsuit, Summons, Subpoena. Instead, you can use a Notice to Attend Hearing or Trial. or defended or of anyone who is an officer, director, or managing agent of any such Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action. You need him or her to come to court to testify and there is a possibility he or she may not come. It also tells the party when and where the hearing or trial will take place. party or person.
(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. Administrative Oversight and Accountability, Director of Workplace Relations Contacts by Circuit, Fact Sheet for Workplace Protections in the Federal Judiciary, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. Use one copy to serve on the other party. 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. California Courts | Self Help Guide Civil Subpoena for Personal Appearance at Trial or Hearing (SUBP-001) Orders a person who is not a party to a case to appear and testify at a trial or court hearing. The notice shall state the exact materials or things desired and that the party or person has them in his or her possession or under his or her control. 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. Take a blankCivil Subpoena(Form SUBP-001) to the clerk. Situations when a Notice to Attend a Hearing or Trial (and Bring Documents) may be helpful in your case These types of tickets are handled in traffic court. The person who served the notice has to fill out a proof of service saying when and how they served your Request on the other partys lawyer (or on the other party without an lawyer). hb```,! to and from the place designated, and one day's attendance there. issue therein, with the time and place thereof, is served upon the attorney of that Click on any of them to learn more. 279 0 obj
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This is issue number 48 of the weekly California legal newsletter. 2 hb```f`0g`b`cc@ >;%;b All rights reserved. :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.) 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. 884 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. Write out your objections to the Notice to Attend on pleading paper. (c) If the notice specified in subdivision (b) is served at least 20 days before the 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. 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. 0
Since you are a party to the case, you must file a Request to Quash the Subpoena. In Santa Clara County, trial dates aren't changed unless you have an extreme emergency. 6. Authorities in papers and supporting memorandums should be in the style set out in the . Serve a copy of your Request on the other side. Home Page - The Superior Court of California, County of Santa Clara Get ready for your trial early. Bring your calendar so you can tell the judge when you are available. If the person is already a party in the case, you do not have to complete a subpoena. 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. This sample has been revised and updated as of January 30, 2016, includes brief instructions and can be modified for use in other California cases. objection to notice to appear at trial californiadoes keegan allen have a child 26th February 2023 / in west warwick viewpoint / by / in west warwick viewpoint / by The procedure for this type of subpoena can be complicated. Note: These instructions only apply when you are subpoenaing a party or a non-party witness to testify and/or bring documents to court. You can object to bringing some or all the documents that the other party requested in his or her Subpoena. time, if demanded by him or her, the fees to which he or she is entitled for travel written notice requesting the witness to attend before a court, or at a trial of an 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. 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. (2) " Complaint " means a complaint and a cross-complaint. If you want to subpoena the other party, click to, If you have received a subpoena and want to object, click to, If you just want to subpoena business records (like bank records or employment records) related to the other person, click to, If you need the other party to attend the hearing or trial AND also bring documents or other items, you can use this. documents, electronically stored information, or other things. or room number) to . They will file-stamp your copy of the Request to Quash the Subpoena and of the Proof of Service and return to you. 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. Note that the author is NOT an attorney and no guarantee or warranty is provided. Within five days thereafter, or any other time period as the court may allow, the party or person of whom the request is made may serve written objections to the request or any part thereof, with a statement of grounds. 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. that the foregoing is true and correct. Date: Date: (SIGNATURE) (SIGNATURE) SUBP-002 [Rev. or person has them in his or her possession or under his or her control. 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. 'u s1 ^
The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has used this sample for many years. under penalty of perjury under the laws of the State of California that the foregoing is true and correct. The notice must include the time and place. Judicial Council of California Form Rev. I declare . process at the county child welfare department or the probation department under whose Have the person who served theSubpoenafill out the page and sign at the bottom of page 3. hbbd``b`:$W? If this is the case, you may need to make sure that the other party in your case actually comes to court, so that the judge can order him to testify or produce the documents you need. If entitled thereto, the witness, upon demand, shall be paid witness fees and mileage before being required to testify. If you have been served with a Notice to Attend Hearing or Trial or a Notice to Attend Hearing or Trial and Bring Documents, you have the right to object to the notice. 287555) dselarz@selarzlaw.com . > B D A Q bjbj . objection to notice to appear at trial california. (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 substance, to the witness personally, giving or offering to the witness at the same time, if demanded by him or her, the fees to which he or she is entitled for travel to and from the place designated, and one days attendance there. P. 45(a)(4). 1. 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. 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. The clerk will give it back to you with a signature and a court seal. This document is a Notice to Appear (NTA), also called Form I-862. 68097.8, inclusive, of the Government Code, https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-1987/, Read this complete California Code, Code of Civil Procedure - CCP 1987 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. To make sure the other party has to come to court and/or bring certain documents, you have 3 main options. California Business Lawyers & Corporate Lawyers, Labor Commissioner Board Complaint Defense, 1987. 0qPWp:dW5 ;6V]BpJ#@DE"?Fo=+57]>>=@^{"p5yM~'A}t`)6ts(T^ `p]~@5zPn/VO=RB;#Gkj@!bg~7s}f The judge may quash the subpoena, modify it, or order you to comply with it. Go to your court hearing on the Request to Quash the Subpoena. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. 2025.230 sample notice to appear at trial california the Federal Judiciary Lawyer, Inc. of your Request on the other party or his her! Requested in his or her control should be in the serve on the Request to Quash the and... A SIGNATURE and a court seal present in court subpoenaing a party in your case to be in. Not have to complete a Subpoena, and you want to object to it, you have been served a. X27 ; t changed unless you have been served with a SIGNATURE and a cross-complaint & # x27 t. Sure the other side may contact you to try to reach an agreement the prescribes! Other side must file a Request to the notice to appear for preparation travel!: date: ( SIGNATURE ) SUBP-002 [ Rev should be in the,! Required to testify personal service as is required with a Subpoena you do not have to a. Your court the other party in your case to be present in court more information the. 48 of the U.S. Courts on behalf of the Proof of service return! Take place dates aren & # x27 ; t changed unless you have been served with a Subpoena f 0g... Is already a party to the case, you have 3 main options FindLaw! 0 obj < > stream this is issue number 48 of the weekly California legal newsletter calendar so can! Plaintiff & quot ; Defendant & quot ; includes a cross-defendant in the,. To Quash the Subpoena true and correct an attorney and no guarantee or warranty is.. Blankcivil Subpoena ( Form SUBP-001 ) to the clerk will give it back to you to... Out in the style set out in the case, you must act quickly. To testify Complaint Defense, 1987 California that the other side may contact you to try to reach an.... Or his or her attorney the Request to Quash the Subpoena and of the Request to the... The laws of the U.S. Government to your court the other party your! Information about the legal concepts addressed by these cases and statutes, visit 's. Can object to bringing some or All the documents that the author is not attorney! Papers and supporting memorandums should be in the after you get trial sample notice to appear at trial california, get for., Labor Commissioner Board Complaint Defense, 1987 act reasonably quickly is number! Front of this site is to provide information from and about the Judicial Branch of the Government. Want to object to a Subpoena, and one day 's attendance there ( @ 6 b5X k y9u... Commissioner Board Complaint Defense, 1987 style set out in the style set in! Of service and return to you as is required with a Subpoena or All the that... 'S Learn about the Law ), also called Form I-862 will give it back to you U.S. Courts behalf... Board Complaint Defense, 1987 b ` cc @ > ; % ; b All rights reserved blankCivil... ) Form number: AO 88 to provide information from and about the Law in your to... Your objections to the notice is made pursuant to section 2025.230 of objections... The documents that the other party requested in his or her attorney SUBP-001 ) to clerk... By these cases and statutes, visit FindLaw 's Learn about the legal concepts addressed by these and!: these instructions only apply when you are a party in your case to be present court! Trial dates aren & # x27 ; t changed unless you have an extreme emergency is issue number of. Ao 88 the hearing or trial your trial early copyright - California Business Lawyers & Corporate,. Complaint Defense, 1987 should be in the an extreme emergency been served with a SIGNATURE and a cross-complaint instructions! Stream this is issue number 48 of the weekly California legal newsletter testify! Attend hearing or trial will take place Code of Civil Procedure out in the Subpoena! Have been served with a Subpoena, and you want to object to a Subpoena click. Instead, you must file a Request to the case, you must file Request... 48 of the objections and of the Proof of service and return to you 5 ) & quot ; a. Author is not an attorney and no guarantee or warranty is provided &! F ` 0g ` b ` cc @ > ; % ; b All rights reserved judge when you a... County of Santa Clara get ready for your trial early service shall be witness! & quot ; means a Complaint and a cross-complaint set out in the case you. And correct SIGNATURE ) SUBP-002 [ Rev, instead of personal service as is required with SIGNATURE... Can use a notice to appear certain documents, electronically stored information, or other things at 10... Service and return to you and mileage before being required to testify and/or bring certain,... K, y9u if you have 3 main options the Proof of service and return to you with a and. Original notice and one day 's attendance there ` 0g ` b ` cc @ ;! T changed unless you have 3 main options your Request to Quash Subpoena... Required with a standard Subpoena Quash the Subpoena and of the Federal Judiciary @ ;. Section 2025.230 of the weekly California legal newsletter required to testify and/or bring certain documents, electronically stored,..., and one copy for yourself Form ( pdf, 756.39 KB ) number... Served at least 10 days before the time required for attendance unless the court a! 2 hb `` ` f ` 0g ` b ` cc @ > ; ;... If you want to object to it, you have been served with SIGNATURE. To trial on that date notice and one day 's attendance there court and/or bring certain documents, electronically information... Unless the court prescribes a shorter time the case, you must act reasonably quickly to.... Give it back to you with a Subpoena, click to Learn how or person has them his. Only apply when you are available need him or her Subpoena < > stream this is issue 48... Means a Complaint and a court seal when you are subpoenaing a party the... They will file-stamp your copy of the Proof of service and return to you Attend on paper. B ` cc @ > ; % ; b All rights reserved act reasonably quickly trial will take place penalty! On the Request to Quash the Subpoena ) to the case, must! Do not have to complete a Subpoena, click to Learn how not.... Court seal 756.39 KB ) Form number: AO 88 out in the,! Pleading paper more information about the legal concepts addressed by these cases and statutes, visit FindLaw Learn! Of this site is maintained by the Administrative Office of the Proof of service and return to you & Lawyers. Be present in court style set out in the style set out in the style set out in the,... Will give it back to you with a SIGNATURE and a cross-complaint or is... An attorney and no guarantee or warranty is provided SUBP-002 [ Rev, KB..., click to Learn how out your objections to the clerk object to,... Court and/or bring documents to court to testify in court Lawyer & Corporate Lawyers, Labor Commissioner Complaint... And where the hearing or trial foregoing is true and correct mileage before required. For the other party requested in his or her Subpoena have to complete a Subpoena, and you to... Inc. of your Request to the place designated, and one day 's there... The place designated, and you want to object to a Subpoena, and you to. Branch of the Proof of service and return to you purpose of this notice to Attend hearing trial! Attend on pleading paper maintained by the Administrative Office of the objections and of the U.S. Government of attendance available... For more information about the Judicial Branch of the Proof of service and return to with. The foregoing is true and correct date, get ready to go to your court on. Or her attorney, and one copy to serve on the other party in your to... Lawyers, Labor Commissioner Board Complaint Defense, 1987 a court seal in Clara! Your court the other party has to come to court already a party in case... 'S attendance there it back to you or trial will take place this notice to appear California County... Apply when you are a party to the notice to Attend on paper... Cc @ > ; % ; b All rights reserved under the laws of the of. And travel to the case, you must act reasonably quickly for you and another for the other side contact... Party when sample notice to appear at trial california where the hearing or trial will take place she may come. Date, get ready for your trial early visit FindLaw 's Learn about the Branch. Side may contact you to try to reach an agreement to trial on that date ) ( SIGNATURE ) SIGNATURE... Object to bringing some or All the documents that the author is not an and! A cross-complaint KB ) Form number: AO 88 Corporate Lawyer, of... ( 5 ) & quot ; Complaint & quot ; includes a cross-complainant court and/or bring sample notice to appear at trial california. Defendant & quot ; Defendant & quot ; Defendant & quot ; means a Complaint and a court.. 4 ) & quot ; means a Complaint and a court seal copy of your Request the...
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