What is the test for due process in civil litigation?

California, United States of America


The following excerpt is from King v. Superior Court, 107 Cal.App.4th 929, 132 Cal.Rptr.2d 585 (Cal. App. 2003):

In identifying the specific dictates of due process, we consider three distinct factors: "first, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail. [Citation.]" (Mathews v. Eldridge (1976) 424 U.S. 319, 335, 96 S.Ct. 893, 902, 47 L.Ed.2d 18, 33.)

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