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Yes! You can use AI to fill out Form CIV-140, Declaration of Demurring or Moving Party Regarding Meet and Confer

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Form CIV-140, Declaration of Demurring or Moving Party Regarding Meet and Confer, page 1

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What this form asks for

The AI fills all of it, from your answers or your documents.

The Declaration of Demurring or Moving Party Regarding Meet and Confer, Form CIV-140, is a required document in California civil court proceedings. It serves as a sworn statement confirming that the party filing a demurrer or similar motion has complied with the legal requirement to 'meet and confer' with the opposing party in an attempt to resolve the issues without court intervention. This process is mandated by the California Code of Civil Procedure to promote efficiency and reduce court workload. Today, this form can be filled out quickly and accurately using AI-powered services like Instafill.ai, which can also convert non-fillable PDF versions into interactive fillable forms.

The AI checks your answers before you download

14 checks built for this form, so a wrong date or a missing answer is caught before anyone else sees it.

Case Number Presence

Verifies that the 'CASE NUMBER' field is not empty. The case number is a critical identifier for routing and filing the document correctly with the court. A missing case number would cause the document to be rejected or misfiled.

State Bar Number for Attorneys

Ensures that if an attorney's name is provided in the 'ATTORNEY OR PARTY WITHOUT ATTORNEY' section, the 'STATE BAR NO' field is also filled with a numeric value. This is required for identifying and verifying the attorney's standing with the State Bar. Failure to provide it can lead to rejection of the filing.

Valid Email Address Format

Checks that the value entered in the 'E-MAIL ADDRESS' field follows the standard format for an email address (e.g., [email protected]). This is important for ensuring that electronic communications and service from the court or other parties are deliverable. An invalid format would prevent successful communication.

Party Roles Identification

Validates that both the 'PLAINTIFF/PETITIONER' and 'DEFENDANT/RESPONDENT' fields contain text. These fields identify the primary parties to the litigation, and their absence makes the document contextually incomplete. The form cannot be properly associated with a case without identifying the parties.

Declarant Name Presence

Ensures that the name of the party making the declaration is filled in section 1. This identifies the individual who is attesting to the facts in the declaration. Without this name, the declaration lacks a declarant and is legally insufficient.

Pleading Served Selection

Verifies that at least one checkbox is selected in section 1 to indicate the type of pleading that was served (e.g., 'a complaint', 'an answer'). This information is necessary to establish the context for the meet and confer declaration. The form is incomplete without this selection.

And 8 more checks
  • Conditional 'Other' Pleading Specification
  • Filing Action Selection
  • Exclusive Declaration Choice (2.a or 2.b)
  • Conditional Meet and Confer Method
  • Valid Declaration Date
  • Signature Name Presence
  • Signature Field Completion
  • Zip Code Format

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How to Fill Out CIV-140 Online for Free in 2026

What the AI walks you through.

  1. Navigate to Instafill.ai and upload or select the CIV-140 form.
  2. Provide the court and case information, including the county, case number, and the names of the plaintiff and defendant.
  3. Enter your information as the attorney or party without an attorney, including your name, address, and contact details.
  4. In Section 1, identify yourself as the declarant and specify the type of pleading you are responding to (e.g., complaint, cross-complaint) and the motion you are filing (e.g., demurrer, motion to strike).
  5. In Section 2, check the appropriate box to declare whether you met and conferred with the opposing party or if they failed to respond to your attempts.
  6. Review all the information auto-filled by the AI for accuracy and make any necessary corrections.
  7. Date and sign the declaration under penalty of perjury before downloading the completed form for filing with the court.

Common Mistakes in Completing CIV-140

The ones the AI is built to catch.

Incorrect or Missing Case Number
Filers often mistype the case number or forget to enter it entirely, especially when handling multiple cases. A wrong or missing case number is a critical error that will cause the court clerk to reject the filing or misfile the document, leading to significant delays and potentially missed deadlines. To avoid this, always double-check the case number against official court records. AI-powered tools like Instafill.ai can help by saving and auto-populating correct case information across all related documents, ensuring consistency and accuracy.
Failing to Identify the Correct Court Branch
In large counties, a single Superior Court may have multiple branches. Filers often mistakenly list the main courthouse address instead of the specific branch where the case is assigned, causing the document to be sent to the wrong location. This leads to filing delays and potential rejection by the clerk. Always verify the correct branch name and address from the initial complaint or other court notices before filling out this section.
Incomplete Attorney or Party Contact Information
Parties, especially those representing themselves, may leave fields like State Bar No. (for attorneys), fax number, or email address blank. Courts and opposing counsel rely on this information for official communication, and its absence can lead to missed notices, procedural disadvantages, and delays. Ensure every field is filled out completely and accurately. Using a tool like Instafill.ai can store your contact profile and automatically populate these fields correctly every time.
Confusing Plaintiff/Petitioner and Defendant/Respondent
The case caption requires precise identification of the parties. In complex litigation with cross-complaints, it's easy to confuse the roles of Plaintiff, Defendant, and others. Listing the parties incorrectly can create confusion and may lead to the document being rejected for not conforming to the official case record. Always copy the party names and their roles exactly as they appear on the court-filed complaint or other official documents.
Forgetting to Select Pleading and Motion Types in Section 1
In section 1, the filer must check boxes to indicate which pleading is being challenged (e.g., 'complaint') and what type of motion is being filed (e.g., 'demurrer'). When rushing, filers often forget to check these boxes, making the declaration incomplete and meaningless. An incomplete declaration will be rejected by the court, delaying the hearing on your motion and creating extra work.
Incorrectly Identifying the Declarant
The name in section 1 ('Name of party making declaration') must be the individual who actually participated in the meet and confer discussion, which is typically the attorney, not their client. Entering the client's name instead of the attorney's name is a common mistake that makes the declaration factually incorrect under penalty of perjury. The person signing the declaration should be the same person named in section 1.
Choosing the Incorrect Declaration Option in Section 2
Section 2 requires the filer to choose between option 'a' (meet and confer occurred) and 'b' (the opposing party failed to participate). A filer might incorrectly select 'a' after a brief, unsuccessful email exchange, when 'b' might be more appropriate. This is a substantive declaration, and a misrepresentation can have serious consequences, including court sanctions. Choose the option that most accurately reflects the events that transpired.
Missing Signature or Date
An unsigned or undated declaration is legally invalid and will be rejected outright by the court clerk. This mistake often happens when filers are in a hurry and print the form without signing it, or they forget to enter the date of signature. This can be a fatal error, causing you to miss a filing deadline and forfeit your right to bring the motion. Always perform a final check for a valid, dated signature before submission.
Failing to Use an Attachment for Additional Details
The form notes that MC-031 (Attached Declaration) should be used for additional information. The meet and confer process can be complex, involving multiple attempts or detailed discussions that cannot be summarized by checking a box. Failing to attach a declaration explaining these details can weaken your position and may lead a judge to find your meet and confer efforts insufficient. When in doubt, provide a detailed account on an attached declaration.
Incorrectly Stating the Timing of the Meet and Confer
Section 2a requires affirming the meet and confer happened 'at least five days before' a responsive pleading was due. Filers may miscalculate this deadline or conduct the meeting too late, making their declaration factually incorrect. This procedural error can invalidate the entire motion, forcing the party to file an answer and waive their objections. Carefully calendar all deadlines to ensure compliance with statutory timeframes.
Submitting a Messy, Handwritten Form
Many court forms are distributed as flat, non-fillable PDFs, leading to handwritten submissions that are prone to errors and can be difficult to read. This can result in data entry mistakes by the court clerk, rejection of the form for being illegible, or a poor impression on the judge. To avoid this, use a tool like Instafill.ai that can convert non-fillable PDFs into interactive, fillable forms, ensuring a clean, professional, and accurate submission.

Frequently Asked Questions About CIV-140

 

Is it really free for 7 days?
Yes. You pay $0 today. Cancel before Nov 5 and you are never charged. Keep it, and it is $19.99 a month for 5 fills of your CIV-140.
Can I fill other forms too?
This plan is for your CIV-140: your own AI agent fills it as often as 5 times a month. To fill other forms and upload your own, choose a Professional plan from your account.
How do I cancel?
From your account, in two clicks, any time. No email, no call.
How does the AI fill out CIV-140?
You answer a few questions in plain words, or upload a document you already have. The AI reads what you give it and puts each answer into the right field of CIV-140, on every page, in seconds. It checks the answers against the form's own rules, and you review and change anything before you download, print or sign.
What happens to my information?
It is encrypted in transit and at rest, and it is never used to train AI.
What is the purpose of Form CIV-140?
This form is a declaration to the court that you have complied with the legal requirement to 'meet and confer' with the opposing party before filing a demurrer, motion to strike, or motion for judgment on the pleadings.
Who is required to file this form?
The party who is filing a demurrer, motion to strike, or motion for judgment on the pleadings must complete and file this form along with their motion.
When do I need to file Form CIV-140?
You must file this declaration at the same time you file your demurrer, motion to strike, or motion for judgment on the pleadings with the court.
What does it mean to 'meet and confer'?
It is a required process where you must contact the party who filed the pleading you are challenging and make a good faith effort to discuss the issues, either by telephone or in person, to try and resolve them without court action.
What is the deadline for the meet and confer discussion?
You must conduct the meet and confer discussion at least five days before the deadline for filing your responsive pleading (for a demurrer or motion to strike), or at least five days before filing your motion for judgment on the pleadings.
How do I fill out Section 2 of the form?
Check box 2a if you met with the other party but did not reach an agreement. Check box 2b if the other party failed to respond to your request to meet or did not participate in the discussion in good faith.
What should I do if the other party won't respond to my request to meet and confer?
If the other party fails to respond or participate, you should check box 2b on the form. It is wise to keep records of your attempts to contact them as evidence of your good faith effort.
What information do I need to have ready to complete this form?
You will need the full case caption information, including the court, case number, and party names, as well as the date and method of your meet and confer attempt.
Can I use AI to help fill out this form?
Yes, services like Instafill.ai use AI to help you accurately auto-fill form fields with your case and personal information, which saves time and helps reduce errors.
How can I use Instafill.ai to complete Form CIV-140 online?
You can upload the CIV-140 PDF to the Instafill.ai platform. The service will make the document fillable online, and you can provide your information once to have it automatically and accurately placed in all the correct fields.
The PDF of Form CIV-140 I downloaded is not fillable. What can I do?
Services like Instafill.ai can convert flat, non-fillable PDFs into interactive forms. Simply upload the file, and the platform will make it so you can easily type your information directly onto the form.
What if I need more space to explain what happened during the meet and confer process?
The form directs you to use Form MC-031, Attached Declaration, if you need to provide additional information or a more detailed explanation of your meet and confer efforts.
Do I sign this form under penalty of perjury?
Yes, by signing this form, you are declaring under penalty of perjury under the laws of the State of California that the information you have provided is true and correct.
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