Judge Bradley S. Phillips
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 3 copies
Motion In Limine Motions
- 1 copy • Chambers Drop Off • No Later Than 5 Court Days Before Final Status Conference
Binding: Tabbed Three Ring
Summary Judgment Motions, Summary Adjudication Motions, Anti SLAPP Motions
All filings
Court-wide- Chambers Drop Off • Upon Filing
- Hand Delivery
Communication
Phone
Chambers
Chambers
Chambers
Phone
Court-wideClerk
Phone
Court-wideClerk
Phone
Court-widePhone
Court-wideClerk
Page & Word Limits2 rules
Trial briefs are limited to ten pages unless advance permission to file an oversized brief is granted.
Trial briefs are limited to ten pages unless permission to file an oversized brief is sought and granted in advance.
Trial Brief
10 pages
The joint IDC brief summarizing the discovery dispute(s) at issue is limited to five pages.
Third, a joint brief – no more than five-pages in length that summarizes the discovery dispute(s) at issue – shall be filed and provided to the Court at least three court days prior to the IDC.
Joint Idc Brief
5 pages
Document Format Requirements9 rules
Trial Readiness Binder documents must be tabbed and the notebook must include a table of contents listing the documents by tab number.
The trial documents must be tabbed, and the notebook must contain a table of contents listing the trial documents by tab number.
Non-documentary exhibits must be represented in a binder with a simple written description.
Non-documentary exhibits shall be represented in a binder with a simple written description.
Each page of a multi-page exhibit must be consecutively paginated.
Bulk exhibits such as voluminous medical records are not permitted, and counsel must separately mark and identify the specific items within any bulk exhibit.
Bulk exhibits, e.g., voluminous medical records will not be permitted. Counsel must separately mark and identify the specific items within a bulk exhibit.
Jury instructions must be in jury-ready format (number, title, and text only, with no tear sheets, boxes, or requesting-party indications) and divided into two packages separated by a colored sheet: agreed and disputed.
The parties/counsel shall prepare special instructions in a format ready for submission to the jury with the instruction number, title, and text only (i.e., there should be no tear sheets and no boxes or other indication on the printed instruction itself as to the requesting party).The instructions should be divided into two packages separated by a colored sheet of paper: those agreed upon, and those that are disputed.
An electronic version of the jury instructions in Word format must be submitted on a thumb drive.
Please submit an electronic version of the jury instructions in Word format in a thumb drive.
DOCX
Exhibit notebooks must be three-ring binders available on the final status conference date, with the exhibit list in front, tabs matching exhibit numbers, and internally numbered pages for multi-page exhibits.
Three-ring binders containing all exhibits must be available on the final status conference date, and all parties must be prepared to tell the Court that they have had an opportunity to review all documents in the exhibit notebooks. Place a copy of the exhibit list in the front of each exhibit notebook and place tabs in the notebook to correspond with the exhibit number. If an exhibit contains more than one page, pages must be internally numbered, i.e., 3.1, 3.2, 3.3, etc.
An electronic version of the verdict form in Word format must be submitted on a thumb drive.
Submit an electronic version of the verdict form in Word on a thumb drive.
DOCX
Blow-ups of exhibit portions should be identified and marked as sub-part A and typically will not be admitted into evidence.
Blow-ups of portions of exhibits should be identified and marked as sub-part A. Typically, a blow-up will not be admitted into evidence.
Document Filing Requirements17 rules
Parties must meet and confer at least 14 calendar days before the TSC and jointly file a statement of the issues to be tried, a witness list with time estimates, and a report on the status of discovery at least 7 calendar days before the hearing.
Counsel and/or self-represented parties are ordered to meet and confer in person or by video at least 14 calendar days in advance of the TSC and, at least 7 calendar days in advance of the hearing, jointly file (1) a statement of the issues to be tried, (2) a witness list with time estimates, and (3) a report on the status of discovery.
Document Type
Trial Setting Conference Joint Filings
The joint witness list must identify each witness by name, designate experts, estimate direct/cross/re-direct time with totals, and absent good cause may not exceed the CMC trial estimate, including scheduling issues and interpreter needs.
The joint witness list must identify each witness by name, specify which witnesses are experts, and estimate the length of the direct, cross examination and re-direct examination (if any) of each witness. In an additional column, the parties must total the time estimated for each witness's testimony. At the bottom of the witness list, the parties must total the time for all witnesses on direct, cross, and redirect. Make realistic time estimates. Absent good cause, the total number of hours listed for testimony should not exceed the trial estimate given at the CMC, including an allocation of one day for jury selection and one day for instructions, closing arguments, and deliberations. Identify all potential witness scheduling issues and special requirements, including interpreters on the witness list.
Document Type
Joint Witness List
The proposed special verdict form must be joint, easy for the jury to use without unnecessary questions, submitted electronically in Word on a thumb drive, or the Court may use a general verdict form.
The proposed special verdict form must be joint. Any proposed special verdict should be in form that is easily used by the jury, and which does not require the jury to answer unnecessary questions. Submit an electronic version of the verdict form in Word on a thumb drive. Failure of the parties to agree on a proper special verdict form may result in the Court's using a general verdict form.
Document Type
Proposed Verdict Form
Parties must jointly prepare a complete set of full text proposed CACI jury instructions with party names inserted, blanks filled, and all brackets and irrelevant bracketed language eliminated.
The parties/counsel shall jointly prepare a complete set of full text proposed jury instructions, editing all proposed CACI, inserting party name(s) and all other information, filling in all blanks, and eliminating all brackets and irrelevant bracketed language.
Document Type
Jury Instructions
The exhibit list must identify each exhibit by number and brief description, include an 'Objections' column with objecting party and grounds, and far-right 'DATE ID'd' and 'DATE ADMITTED' columns, after a meet and confer on admissibility objections.
impeachment or rebuttal, must be listed on the list, identified by a number and brief description. The parties/counsel shall meet and confer in an effort to resolve objections to the admissibility of each exhibit. The exhibit list must have a column labeled "Objections". If any party has any objection to the admissibility of any exhibit, the objecting party must be identified, and the grounds for the objection must be set forth in the "Objections" column next to that exhibit. The exhibit list must have two columns on the far right labeled "DATE ID'd" and "DATE ADMITTED" in which the Court Clerk may note the dates of identification and admission of each exhibit.
Document Type
Exhibit List
Parties must jointly file one list of proposed jury instructions in CACI numerical order with five specific columns for CACI number, title, proposer, objector, and court ruling.
The parties/counsel shall jointly prepare and file one list of proposed jury instructions, organized in CACI numerical order. The instruction list must have 5 columns labeled: "CACI #," "Title," "Proposed by," "Objections By," and "Given." If all parties agree on an instruction, indicate "joint" in the "Proposed By" column, and leave the "Objections By" column blank. Otherwise, indicate the party proposing the instruction in the "Proposed By" column and the party objection to the instruction in the "Objections By" column. Leave the "Given" column blank for the Court to decide whether the instruction was given.
Document Type
Jury Instruction List
Parties must assign different, sequential numbers or letters to their motions in limine to avoid duplication (e.g., Plaintiff numbered, Defendant lettered).
The parties must assign different, sequential numbers or letters to their motions in limine. For example, Plaintiff's motions in limine may be numbered 1-5; Defendant's motions in limine may be lettered A-E; additional parties may use double numbers or letters or some other agreed-upon designation to avoid duplication and confusion.
Document Type
Motion In Limine
Parties must meet and confer and jointly file a designation chart with five required columns before using deposition or former trial testimony in lieu of live testimony (except purely for impeachment or rebuttal).
If the parties/counsel intend to use deposition testimony or former trial testimony in lieu of any witness's live testimony, other than exclusively for impeachment or rebuttal, the parties/counsel shall meet and confer and jointly prepare and file a chart with columns for each of the following: 1) the line and page designations of the deposition or former testimony requested for use, 2) objections, 3) counter-designations, 4) any responses thereto, and 5) the Court's ruling.
Document Type
Page Line Designation Chart
Motions in limine seeking to preclude inadmissible or prejudicial matters before the jury must be accompanied by a declaration complying with Local Rule 3.57 and Kelly v. New West Federal Savings.
Each motion in limine for the purpose of precluding the mention or display of inadmissible and prejudicial matters in the presence of the jury shall be accompanied by a declaration in compliance with the requirements of Rule 3.57 of the Local Rules and must comply with Kelly v. New West Federal Savings (1996) 49 Cal. App.4th 659, 670-71.
Document Type
Motion In Limine
When more than five motions in limine are filed collectively, the parties must file a joint document describing each motion with one-paragraph support and opposition arguments.
If the parties file, collectively, more than five (5) motions in limine, they must file a joint document at least four (4) court days before the final status conference that (a) describes the motion, (b) has a one-paragraph argument in support and (c) has a one-paragraph argument in opposition.
Document Type
Joint Motion In Limine Document
Parties must submit trial briefs, a joint exhibit list, and a joint witness list as described earlier in the order.
The parties must submit trial briefs, a joint exhibit list, and a joint witness list, as described above.
Document Type
Trial Briefs And Joint Lists
A Trial Readiness Binder containing conformed copies of specified trial documents must be presented to the Court at the Final Status Conference.
A Trial Readiness Binder must be presented to the Court at the FSC. The binder must contain conformed copies of the trial briefs, joint statement of the case. joint witness list, joint exhibit list, joint list of jury instructions, joint full-text jury instructions, joint verdict form, joint page-line designation chart, motions in limine, and current operative pleadings (including the operative complaint, answer, cross-complaint, if any, and answer to any cross-complaint).
Document Type
Trial Readiness Binder
Parties must meet and confer about court reporter arrangements, and if none is arranged, counsel must prepare daily settled statements summarizing each day's witness testimony.
The parties must meet and confer to discuss whether they plan to have a court reporter transcribe the trial proceedings. In order to ensure a proper record for appellate purposes, if the parties do not arrange for a court reporter, then Counsel for the parties will be required to prepare a daily settled statement summarizing witnesses' testimony who have testified each day at trial.
Document Type
Daily Settled Statement
At the end of trial, counsel must prepare and lodge a revised exhibit list reflecting only admitted exhibits, which will be provided to the jury during deliberations.
At the end of the trial, counsel will be required to prepare and lodge with the court a revised exhibit list that reflects only those exhibits that have been admitted. The revised exhibit list will be provided to the jury during their deliberations.
Document Type
Revised Exhibit List
Trial briefs are optional for jury trials and mandatory for bench trials.
OPTIONAL TRIAL BRIEFS. (optional for jury trials, mandatory for bench trials).
Document Type
Trial Brief
For jury trials, the parties must jointly prepare a short, non-argumentative written statement of the case to be read to the jury.
JOINT STATEMENT OF THE CASE TO BE READ TO THE JURY. A jointly prepared, short, non-argumentative written statement of the case to be read to the jury. Local Rule 3.25 (g)(4).
Document Type
Joint Statement Of Case
Each party should pre-mark five copies of all impeachment exhibits with pages paginated by exhibit and page number for use during cross-examination.
In preparation for cross-examination of witnesses, each party should pre-mark five copies of all impeachment exhibits with each page properly paginated to reflect the exhibit number and page number so that they are ready for distribution during cross-examination.
Document Type
Impeachment Exhibits
Filing & Service rules
Electronic Filing Rules
Represented litigants must electronically file all documents in Limited and non-complex Unlimited Civil matters through an approved Electronic Filing Service Provider.
The Los Angeles County Superior Court has implemented electronic filing of all documents filed in Limited and non-complex Unlimited Civil matters by litigants represented by attorneys pursuant to the operative General Order re Mandatory Filing for Civil. Pursuant to California Rules of Court, rule 2.253(b), represented litigants are required to electronically file documents with the Court through an approved Electronic Filing Service Provider.
Page 1 | FILINGS
Represented litigants must e-file all ex parte applications and supporting documents no later than 10:00 a.m. the court day before the ex parte hearing.
For represented litigants, all ex parte applications and documents in support thereof must be electronically filed no later than 10:00 a.m. the court day before the ex parte hearing.
Page 2 | EX PARTE APPLICATIONS
Self-represented litigants are exempt from mandatory e-filing and may file papers at the filing window on the first floor, Room 102.
Pursuant to California Rules of Court, rule 2.253(b)(2), self-represented litigants are exempt from mandatory electronic filing requirements and may file papers at the filing window on the first floor, Room 102.
Page 1 | FILINGS
Filing Timing and Cure Windows
Joint TSC filings are due at least 7 calendar days before the hearing, after a meet and confer held at least 14 calendar days before the TSC.
Counsel and/or self-represented parties are ordered to meet and confer in person or by video at least 14 calendar days in advance of the TSC and, at least 7 calendar days in advance of the hearing, jointly file (1) a statement of the issues to be tried, (2) a witness list with time estimates, and (3) a report on the status of discovery.
Page 1 | TRIAL SETTING CONFERENCES
Ex parte applications and supporting papers from represented litigants must be filed by a 10:00 a.m. cutoff the court day before the ex parte hearing.
For represented litigants, all ex parte applications and documents in support thereof must be electronically filed no later than 10:00 a.m. the court day before the ex parte hearing.
Page 2 | EX PARTE APPLICATIONS
Self-represented litigants must submit the ex parte application and all supporting documents to the Judicial Assistant in Department 26 by 8:45 a.m. on the day of the ex parte hearing.
For self-represented litigants, ex parte application fees must be paid in Room 102 of the Clerk's Office no later than 8:30 a.m. on the date of the ex parte hearing, and the ex parte application and all supporting documents must be submitted to the Judicial Assistant in Department 26 no later than 8:45 a.m. on the date of the ex parte hearing.
Page 2 | EX PARTE APPLICATIONS
Parties must meet and confer and eFile all required trial preparation documents no later than five court days before the final status conference.
The parties must meet and confer sufficiently in advance to discuss, prepare, exchange, and eFile the following documents NO LATER THAN FIVE COURT DAYS BEFORE THE FINAL STATUS CONFERENCE
Page 3 | FINAL STATUS CONFERENCE AND TRIAL PREPARATION ORDER
Motions in limine must be written and filed with sufficient statutory notice under CCP 1005 so they can be heard no later than the Final Status Conference.
All motions in limine must be in writing and shall be filed with sufficient statutory notice under CCP Section 1005 so that they may be heard no later than the date of the FSC pursuant to Local Rule 3.25(f)(2).
Page 5 | MOTIONS IN LIMINE
Oppositions and replies to motions in limine must be served and filed with sufficient statutory notice per Local Rule 3.25(f)(2).
Likewise, oppositions and replies for motions in limine must be served and filed with sufficient statutory notice in accordance with Local Rule 3.25(f)(2).
Page 5 | MOTIONS IN LIMINE
The joint motions-in-limine document (required when more than five are filed) must be filed at least four court days before the final status conference.
If the parties file, collectively, more than five (5) motions in limine, they must file a joint document at least four (4) court days before the final status conference that (a) describes the motion, (b) has a one-paragraph argument in support and (c) has a one-paragraph argument in opposition.
Page 5 | MOTIONS IN LIMINE
Stipulations must be filed prior to trial.
Stipulations are to be filed prior to trial.
Page 8 | STIPULATIONS
Copies of deposition transcripts and other discovery responses must be lodged with the Court before trial.
Before trial, copies of deposition transcripts or other discovery responses shall be lodged with the Court. (LASCR 3.56)
Page 8 | READING FROM DISCOVERY RESPONSES/DEPOSITION TRANSCRIPTS
The joint IDC brief must be filed and provided to the Court at least three court days before the IDC.
Third, a joint brief – no more than five-pages in length that summarizes the discovery dispute(s) at issue – shall be filed and provided to the Court at least three court days prior to the IDC.
Page 10 | DISCOVERY MOTIONS
A fee-waiver party may request an official court reporter by filing form FW-020 at least 10 calendar days before the hearing or trial; otherwise the Court does not provide a reporter.
The Court does not provide a court reporter absent a fee waiver. A party who has received a fee waiver pursuant to CRC 3.55(7) may request an official court reporter by filing form FW-020 at least 10 calendar days prior to the hearing or trial.
Page 2 | COURT REPORTERS
The IDC requirement does not extend the deadline for bringing a Motion to Compel Further Responses, though the parties are encouraged (but not required) to reach a written stipulation regarding that timing.
Fifth, this order does not extend the time within which a Motion to Compel Further Responses must be brought. The parties, however, are encouraged to reach a written stipulation relating thereto, although such an agreement is not mandated by this order.
Page 10 | DISCOVERY MOTIONS
Service and Proof of Service Rules
The moving party must provide notice of this Standing Order (the IDC requirement).
Moving Party is ordered to provide notice of this Standing Order.
Page 10 | DISCOVERY MOTIONS
Filing Fees and Waivers
Self-represented litigants must pay ex parte application fees in Room 102 of the Clerk's Office no later than 8:30 a.m. on the day of the ex parte hearing.
For self-represented litigants, ex parte application fees must be paid in Room 102 of the Clerk's Office no later than 8:30 a.m. on the date of the ex parte hearing, and the ex parte application and all supporting documents must be submitted to the Judicial Assistant in Department 26 no later than 8:45 a.m. on the date of the ex parte hearing.
Page 2 | EX PARTE APPLICATIONS
Counsel are billed daily jury fees and must provide proof of payment to the clerk no later than the next day before trial can resume.
Counsel will be billed daily jury fees. Proof of payment must be provided to the clerk no later than the next day before trial can resume.
Page 7 | JURY SELECTION
Courtesy Copy Requirements
Parties must provide the court with three copies of the exhibit book (for the Court, the Judicial Assistant, and the witness).
The parties must provide the court with three copies of the exhibit book: one for the Court, one for the Judicial Assistant, and one for the witness.
Page 4 | FINAL STATUS CONFERENCE AND TRIAL PREPARATION ORDER
Parties must lodge an indexed, tabbed three-ring binder of all motions in limine moving, opposition, and reply papers directly in Dept. 26 no later than five court days before the Final Status Conference.
No later than five (5) court days before the Final Status Conference, the parties must lodge directly in Dept. 26, an indexed and tabbed three-ring binder containing conformed copies of all moving, oppositions, and reply papers for all Motions in Limine.
Page 5 | MOTIONS IN LIMINE
Courtesy copies are not needed for any filings except motions for summary judgment or adjudication and special motions to strike (anti-SLAPP motions).
The Court does not need courtesy copies of filings other than those for motions for summary judgment or adjudication and special motions to strike (anti-SLAPP motions).
Page 1 | FILINGS
Pre-Motion Conference Requirements
All parties must reserve a motion date through the online Court Reservation System (CRS) before filing any motion papers.
All parties must obtain a motion date via the online Court Reservation System (CRS) on the Los Angeles Court website. Go to “LA Court Online, Court Reservation System,” at www.lacourt.org to reserve a date prior to filing any motion papers.
Page 2 | LAW & MOTION
Counsel must meet and confer on all motions in limine, and boilerplate or form motions in limine are disfavored.
Counsel shall meet and confer on all motions in limine. Boilerplate or form motions in limine are disfavored.
Page 5 | MOTIONS IN LIMINE
If the discovery disputes are resolved before the IDC date, the moving party must notify the Court and take both the IDC and the underlying motion off calendar as soon as possible.
If the parties resolve their discovery disputes before the IDC date, Moving Party shall notify the Court and take both the IDC and any underlying Motion to Compel Further Responses off calendar as soon as possible.
Page 10 | DISCOVERY MOTIONS
Lead counsel or designated counsel with full authority must appear at any scheduled IDC, and IDC sessions may not be transcribed without prior Court approval.
Fourth, lead counsel (or other designated counsel for the parties with full authority) are ordered to appear for any scheduled IDC as directed by the Court. IDC sessions are informal and shall not be transcribed without prior Court approval.
Page 10 | DISCOVERY MOTIONS
Filed Motions to Compel Further Responses will not receive a hearing date until the IDC process is completed, after which the Court will schedule hearings for any remaining motions.
The filed Motions to Compel Further Responses will not receive a hearing date until the IDC process is completed. At the conclusion of the IDC process, the Court will schedule hearing dates for any remaining motions to compel further.
Page 10 | DISCOVERY MOTIONS
Before the IDC, counsel must meet and confer by telephone or video conference to attempt to resolve all pending discovery disputes, in addition to the statutory meet-and-confer requirements.
Second, prior to the IDC, counsel must meet and confer, via telephone or video conference, in an effort to resolve all pending discovery disputes. Counsel are advised to keep track of when and for how long counsel met and conferred. This meet and confer is in addition to the standard meet and confer requirements set forth in the Code.
Page 10 | DISCOVERY MOTIONS
Before a Motion to Compel Further Responses can be set for hearing, the moving party must obtain three available Friday dates for an Informal Discovery Conference at 10:00 a.m., contact the Court to schedule it, and give notice.
First, prior to any Motion to Compel Further Responses being set for hearing by the Court, the moving party shall confer with opposing counsel and obtain three available dates on a Friday for an IDC at 10:00 a.m. and then contact the Court to schedule the IDC. Moving party shall also give notice.
Page 10 | DISCOVERY MOTIONS
Parties must comply with the Court's Informal Discovery Conference Order in connection with discovery motions.
The parties are ordered to comply with the Court's Informal Discovery Conference Order, which is attached hereto.
Page 2 | DISCOVERY MOTIONS
Failure to meet and confer on motions in limine may result in the Court refusing to hear the motion.
Any failure by any party or counsel to exchange or discuss any motions in limine may result in the refusal of the Court to hear any such motion in limine, pursuant to applicable court rules.
Page 5 | MOTIONS IN LIMINE
Adjournment & Extension Requirements
Continuances will not be granted because witnesses fail to appear timely, though the Court may accommodate the scheduling needs of expert, professional, or out-of-state witnesses when circumstances warrant.
If witnesses are not under subpoena and do not timely appear, trial will proceed without them. Continuances will not be granted due to witnesses who do not appear in a timely manner. If possible, the Court will make an effort to accommodate the scheduling needs of expert witnesses, professionals, out-of-state witnesses or others if the circumstances warrant.
Page 8 | WITNESSES
Chambers Communication Rules
Counsel must immediately notify the court by telephone if a motion is withdrawn or taken off calendar within 7 days of the scheduled hearing.
Counsel are required to notify the court immediately by telephone or email if a party withdraws or takes off calendar a motion within 7 days of the scheduled hearing date.
Page 2 | LAW & MOTION
If motions in limine will be numerous and time-consuming, the parties must contact the Dept. 26 courtroom assistant to schedule a separate hearing.
If the Motions in Limine will be numerous and time-consuming, the parties must contact the courtroom assistant in Dept. 26 to schedule a separate hearing for the Motions in Limine.
Page 5 | MOTIONS IN LIMINE
Junior Lawyer Participation Incentives
The Court strongly encourages law firms and governmental agencies to give less experienced attorneys opportunities to argue motions and play important roles at trial.
The Court strongly encourages law firms and governmental agencies to give less experienced attorneys the opportunity to argue motions and to have an important role at trial, including examining witnesses, conducting voir dire and giving opening statements and closing arguments.
Page 2 | LESS EXPERIENCED ATTORNEYS