Judge Elihu M. Berle
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
Court-wide- Chambers Drop Off • Upon Filing
- Hand Delivery
Courtesy copies
Court-wide- 3 copies
Exhibits
Court-wide- 3 copies • Hand Delivery • At Final Status Conference
Joint Discovery Statement
Court-wide- 1 copy • 3 Court Days Before Idc
Communication
Chambers6 contacts
- sscdept27@lacourt.ca.gov
- sscd@t28@lacourt.ca.gov
- (213) 310-7011
- 213-310-7127
- 213-310-7128
- (213) 633-0689
Clerk3 contacts
- sscdept6@lacourt.org
- 213-830-0800 (Stanley Mosk); 213-310-7000 (Spring St)
- 213-830-0845
Other Contacts1 contacts
- (888)-529-7587
Page & Word Limits2 rules
An IDC request must include a joint statement limited to 5 pages specifically outlining each disputed discovery item and each party's respective position.
The request for an IDC shall include a joint statement limited to five (5) pages in length, outlining specifically each discovery item in dispute and each of the parties' respective positions on that disputed discovery matter.
Idc Request Joint Statement
5 pages
Trial briefs are limited to 15 pages, though submission is optional.
Trial briefs not more than 15 pages in length (optional);
Trial Brief
15 pages
Document Format Requirements18 rules
All documents and correspondence uploaded to FSX must be in PDF format, except spreadsheets which may be uploaded in Excel format.
All documents and correspondence uploaded to FSX must be in .pdf format, except spreadsheets, which may be uploaded in Excel format.
Separate Statements for summary judgment, summary adjudication, or discovery motions must be uploaded to FSX in Microsoft Word format.
Separate Statements for motions for summary judgement, summary adjudication, or discovery motions shall be uploaded to FSX in Microsoft Word.
DOCX
All filed documents and documents served through eService must be in OCR searchable format.
Objections to declarations filed with summary judgment or summary adjudication motions must be made by filing an annotated copy of the declaration, with objections distinguished using bold, underlined, italics, or highlighted text (but not a different text color).
Objections to Declarations contained in a declaration that is filed in connection with a motion for summary judgment or summary adjudication shall be made by filing a copy of the declaration, annotated with the objections asserted and in a format, such as bold, underlined, italics, or highlighted text (but not different text color) so as to distinguish the objection from the original text of the declaration.
For documents (other than transcripts of depositions or other pretrial or trial proceedings), the designating party must affix a 'Confidential' or 'Highly Confidential' legend on each page containing designated material.
For Documents (apart from transcripts of depositions or other pretrial or trial proceedings), the Designating Party must affix the legend "Confidential" or "Highly Confidential" on each page of any Document containing such designated material.
Confidential or Highly Confidential designations must be clearly made before the material is disclosed or produced.
Any Documents, Testimony, or Information to be designated as "Confidential" or "Highly Confidential" must be clearly so designated before the Document, Testimony, or Information is Disclosed or produced.
Pre-Trial Document trial binders must be three-ring binders containing one-sided, conformed copies, tabbed, and must include a table of contents.
At least five days before the Final Status Conference, the parties shall submit to the court Pre-Trial Document trial binders (3-ring), consisting of one-sided, conformed copies, tabbed, with a table of contents of the following:
Proposed jury instructions must be prepared on Los Angeles Superior Court form LASC LACIV 129 or in a Word document in the same format.
The proposed jury instructions shall be prepared on Los Angeles Superior Court form LASC LACIV 129 or in a Word document that is in the same format.
Responses to the Standard Request for Production must identify responsive documents by Bates stamp number, and each produced document must be Bates stamped with the defendant name abbreviation, the request number, and the page numbers produced.
Defendant shall respond to each request, by identifying the specific documents that are responsive to the request by Bates stamp number. Each document produced must be Bates stamped with 1) an abbreviation for the Defendants' name; 2) the number of the request for production; and 3) the pages produced for that request.
Documents produced after the initial production must be labeled in consecutive Bates stamp number order.
Any documents that are subsequently produced must be labeled in consecutive Bates stamp number order.
In the joint proposed preference case trial setting order, competing provisions must be placed adjacent to one another with a bracket identifying each provision's proponent.
Competing provisions should be placed adjacent to one another, together with a bracket identifying the proponent of the provision.
Confidential or Highly Confidential deposition testimony may be designated either by identifying the qualifying portions on the record before the close of the deposition or by designating the entirety of the deposition testimony.
For Testimony given in depositions the Designating Party may either: i. identify on the record, before the close of the deposition, all "Confidential" or "Highly Confidential" Testimony, by specifying all portions of the Testimony that qualify as "Confidential" or "Highly Confidential;" or ii. designate the entirety of the Testimony at the deposition as
Confidentiality designations must not obscure or interfere with the legibility of the designated information.
The "Confidential" or "Highly Confidential" designation should not obscure or interfere with the legibility of the designated Information.
Designated deposition transcript pages may be separately bound, and the court reporter must affix a 'Confidential' or 'Highly Confidential' legend at the top of each such page.
In circumstances where portions of the deposition Testimony are designated for protection, the transcript pages containing "Confidential" or "Highly Confidential" Information may be separately bound by the court reporter, who must affix to the top of each page the legend "Confidential" or "Highly Confidential," as instructed by the Designating Party.
The final submission must be lodged via USB drive, with hard copy/paper in 3-ring binders only if requested by the court.
At least five days before the Final Status Conference, the testimony designating party must lodge with the court via USB drive (and/or hard copy/paper in 3 ring binders, if requested by the court):
Transcripts must be paginated with one page of testimony per printed page; .txt transcripts must be paginated and printed to PDF, and condensed four-pages-per-sheet transcripts are disfavored.
Parties should submit transcripts in proper paginated form, with one page of testimony per printed page. If only a .txt version of the transcript is available, parties must paginate the transcript (in Word, for example) and print it to PDF, so that each page of the transcript corresponds to a single page of the document. Condensed transcripts, with four pages per sheet, are difficult to process electronically and are disfavored.
Transcripts must be highlighted to correspond with the designations, using light colors because dark colors make the text illegible.
Testimony transcripts highlighted to correspond with the designations. Parties should use light colors for highlighting, as dark colors make the text illegible.
Three charts in Word or Adobe format (and/or hard copy if ordered) must be organized separately by tier, with a separate set of charts submitted for each transcript.
Three charts, in Word® or Adobe® format, (and/or hard copy/paper, if ordered by the court) organized separately into Tier One, Tier Two and Tier Three, in the matrix set forth below containing the designation, objection, counter-designation, and response to counter-designation, together with a column on the far right side of the chart for the court's rulings. A separate set of charts should be submitted for each transcript.
Document Filing Requirements75 rules
Every pleading filed in the coordinated SILICOSIS CASES actions must include the prescribed coordination proceeding caption shown in the order.
Every pleading filed with the court regarding all the coordinated SILICOSIS CASES actions shall a. Include the following caption:
Document Type
Pleading
Pleadings must identify the lowest numbered JCCP case name, Gonzalez vs. ADB Global Trade.
identify the lowest numbered JCCP Case name (Gonzalez vs. ADB Global Trade);
Document Type
Pleading
Pleadings must identify the JCCP Coordination Proceeding No. 5378.
identify the JCCP Coordination Proceeding No. 5378;
Document Type
Pleading
Pleadings filed regarding specific individual cases must include the individual case caption.
Every pleading filed with the court regarding specific individual case(s) shall: a. include the individual case caption;
Document Type
Pleading
Pleadings must identify the lowest numbered JCCP case number, 21STCV06984.
identify the lowest numbered JCCP Case Number (21STCV06984);
Document Type
Pleading
Pleadings must identify the hearing date, time, and department.
identify the hearing date, time, and the department.
Document Type
Pleading
The caption page must identify the individual case name by plaintiff(s) and lead defendant, the JCCP Coordinated Proceeding and its Case No. 5378, the individual case number, the pleading name in bold under the case number, all concurrently filed papers in bolded brackets, and the hearing date, time, department, and filing date.
b. identify the individual case name by plaintiff(s) and lead defendant; c. identify the JCCP Coordinated Proceeding; d. identify the JCCP Coordinated Proceeding Case No. 5378; e. identify the individual case number; f. identify the name of the pleading in bold on the right side under the individual case number; g. identify bolded in brackets all other papers concurrently being filed with the pleading; h. identify the hearing date, time, department, and date the action was filed.
Document Type
Caption Page
For every new silicosis case filed in the Los Angeles Superior Court, plaintiff must file a Petition for Coordination of Add-On cases pursuant to California Rules of Court 3.510, 3.520-3.523, and 3.544.
Petition for Coordination Add-On Los Angeles County Cases. For each new silicosis case filed in the Los Angeles Superior Court, Plaintiff must file a Petition for Coordination of Add-On cases to these Coordinated Proceedings, pursuant to California Rule of the Court 3.510, 3.520-3.523, and 3.544, including service on all appearing parties and on
Document Type
Petition For Coordination Add On Cases
For non-Los Angeles County cases, the add-on filing must include a conformed copy of the complaint marked “New JCCP No. 5378 Coordination Proceeding-Silicosis Case”.
For cases originally filed in a county other than Los Angeles County, a party may file a conformed copy of the complaint indicating “New JCCP No. 5378 Coordination Proceeding-Silicosis Case” and file a Petition for Coordination of Add-On case pursuant to Rule of Court 3.544, including service on all appearing parties and on the Judicial Council.
Document Type
Conformed Copy Of Complaint
Plaintiff's counsel must file a notice of the add-on petition, and if plaintiff has not filed the Petition for Coordination of Add-On case, a defendant must file a notice of the petition at the time of filing a notice of appearance.
Petition for Coordination of an Add-On case, Plaintiff’s counsel shall also file notice of the add-on petition. If plaintiff has not filed the Petition for Coordination of Add-On case, a defendant at the time of filing a notice of appearance should file a notice of Petition for Coordination of Add-on case.
Document Type
Notice Of Petition For Coordination Of Add On Case
Plaintiff must upload to FSX a conformed copy of the complaint, summons, and proof of service of same.
Plaintiff shall upload to FSX a conformed copy of the complaint, summons, and proof of service of same.
Document Type
Complaint
Documents served via FSX must bear a facsimile, electronic, or typographical signature of at least one attorney of record with typed name, address, telephone number, and California State Bar number, and typographical signatures are deemed personal signatures.
All documents electronically served via FSX shall bear either a facsimile, electronic, or typographical signature of at lease one attorney of record, along with a typed name, address, telephone number, and California State Bar number of such attorney. Typographical signatures shall be deemed personal signatures for all purposes.
Document Type
Document Served Via Fsx
Defendants/cross-defendants must file a notice of appearance and register with FSX within 20 days (sentence truncated in source).
Defendants/cross-defendants shall file a notice of appearance and register with FSX within 20
Document Type
Notice Of Appearance
The cumulative case list must include the identity of plaintiff's counsel, the individual case number, identification of the plaintiff, the filing date, and the current status of each case.
Each Plaintiff's firm shall provide the court with a cumulative list of their pending Silicosis Cases in these proceedings every 90 days which shall include the identity of Plaintiff's counsel, the individual case number, identification of the Plaintiff, filing date and current status.
Document Type
Cumulative Case List
The Plaintiff Preliminary Fact Sheet must be verified by the Plaintiff, or in wrongful death cases by the personal representative/successor in interest of the decedent's estate.
The Plaintiff Preliminary Fact Sheet shall be verified by the Plaintiff or, in wrongful death cases, by the personal representative/successor in interest of the decedent's estate.
Document Type
Plaintiff Preliminary Fact Sheet
Plaintiff must provide Defendant signed authorizations in the Exhibit 14B form simultaneously with service of the verified completed Plaintiff Preliminary Fact Sheet.
Simultaneously with the service of the verified completed PFS, Plaintiff shall provide Defendant with signed authorizations in the form attached hereto as Exhibit 14B, to enable Defendant to obtain Plaintiff's medical, employment, social security, Medicare, disability insurance, unemployment insurance, and workers' compensation EAMS records.
Document Type
Plaintiff Authorizations
For corporate, LLC, and partnership defendants, the Defendant Preliminary Fact Sheet must be verified by an official representative authorized to speak on behalf of the entity.
For corporations, limited liability companies, and partnerships, Defendant Preliminary Fact Sheet shall be verified by an official representative authorized to speak on behalf of the entity.
Document Type
Defendant Preliminary Fact Sheet
Discovery responses must include a timely verification, and failure to provide one triggers a standing order to show cause why the party should not be sanctioned.
Failure to provide a timely verification to discovery responses is a violation of the Discovery Act and this court's orders. The court hereby issues a standing Order to Show Cause why a party should not be sanctioned for failure to provide the required verification to discovery responses.
Document Type
Discovery Responses
The Defendant Preliminary Fact Sheet must be verified by a declaration under penalty of perjury under California law, identifying the declarant's role and the defendant, and including the execution date, location, signature, and printed name.
I , declare that I am the of (Defendant Name], a party to this action. I have read the foregoing DEFENDANT PRELIMINARY FACT SHEET and know the contents thercof are true and correct. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on , at Signature: Printed Name:
Document Type
Defendant Preliminary Fact Sheet
The Notice of Redacted Records must identify each redacted document and state the basis for the objection to disclosure, the Bates number(s), provider(s), date(s), and title(s) of the subject document(s).
The Notice of Redacted Records shall identify each document being redacted, and state the basis for the objection to disclosure, the Bates number(s), provider(s), date(s), and title(s) of the subject document(s), if applicable.
Document Type
Notice Of Redacted Records
A deposition notice for a defendant's Person Most Knowledgeable and/or Custodian of Records must state whether the deposition will be conducted in person or via Zoom.
Plaintiff may notice the deposition of defendant, including but not limited to, defendant's Person Most Knowledgeable and/or Custodian of Records, either in person or via Zoom. This election shall be set forth in the deposition notice.
Document Type
Deposition Notice
Deposition document productions must include an index mirroring the response to the Standard Request for Production of Documents to Defendant (Exhibit 14F to General Order No. 14), identifying responsive documents by Bates number and stating when no documents are produced for a request.
The document production must include an index that mirrors the response to Standard Request for Production of Documents to Defendant (Exhibit 14F to General Order No. 14), in order to clarify which specific documents (by Bates number) are responsive to each request. If there are no documents produced for a request, that must be stated in the index.
Document Type
Deposition Document Production
Produced documents must be provided as secure files via a downloadable link in a dedicated cover letter stating the cases, general document categories, and Bates range.
Parties shall provide secure files via a downloadable link included in a dedicated cover letter, setting forth the cases to which the documents relate, the general categories of documents, and the Bates range for the documents.
Document Type
Production Cover Letter
Every page of every produced document must be sequentially Bates stamped with the producing party's abbreviation, the request for production number, and the pages produced for that request.
Parties shall sequentially number-stamp every page of every document produced in each case by Bates Stamp. Each document produced must be Bates stamped with 1) an abbreviation for the producing party's name; 2) identification of the particular request for production of document number; and 3) the pages produced for that particular request.
Document Type
Document Production
Subsequently produced documents must be labeled in consecutive Bates order, and previously produced documents must retain their original Bates numbering sequence.
Documents which are subsequently produced must be labeled in consecutive Bates Stamp order. If any documents have been previously produced in another matter, the parties shall use the same Bates numbering sequence originally assigned, rather than applying a new set of identification numbers.
Document Type
Document Production
Parties must identify all produced documents in their production responses by the specific request number and the beginning and ending Bates-stamped page numbers.
All parties either in their response to document production requests or in a production response served at the time of production, shall generally identify all documents which they produce in a case, with the specific request number to which the document responds pursuant to Code of Civil Procedure section 2031.280, by the beginning and ending number-stamped pages.
Document Type
Production Response
Documents obtained from third parties must be promptly Bates stamped using letters identifying the producing entity, unless already Bates stamped by the third party.
Parties who obtain documents from third parties, including medical providers, pursuant to business records subpoenas, deposition subpoenas, or otherwise, shall promptly Bates stamp all such documents, using letters identifying the entity producing the documents (unless the documents have been already Bates stamped by the third party, in which case re-stamping is not necessary), and upload the documents via FSX in compliance with the court's electronic service orders.
Document Type
Third Party Document Production
A motion to compel discovery filed after an IDC must be accompanied by a joint separate statement in lieu of the separate statement required by California Rule of Court 3.1345(c).
After participating in an Informal Discovery Conference, a party wishing to file a motion to compel discovery must file with such a motion a joint separate statement (in lieu of a separate statement under California Rule of Court, Rule 3.1345(c)).
Document Type
Motion To Compel Discovery
A party relying on pleadings, file documents, or other discovery items in a motion to compel must summarize each relevant document.
(5) If the pleadings, other documents in the file, or other items of discovery are relevant to the motion, the party relying on them must summarize each relevant document.
Document Type
Motion To Compel Discovery
The opposing party must include a statement of the factual and legal reasons against compelling further responses, answers, or production as to each disputed matter.
(7) A statement by the opposing party of the factual and legal reasons for not compelling further responses, answers, or production as to each matter in dispute.
Document Type
Motion To Compel Discovery
A motion to compel discovery must, if necessary, include the text of all definitions, instructions, and other matters needed to understand the discovery requests and responses.
(3) If necessary, the text of all definitions, instructions, and other matters required to understand each discovery request and the responses to it;
Document Type
Motion To Compel Discovery
A motion to compel discovery must set forth any other discovery request and its response when a response at issue depends on that other response.
(4) If the response to a particular discovery request is dependent on the response given to another discovery request, or if the reasons a further response to a particular discovery request is deemed necessary/unnecessary are based on the response to some other discovery request, the other request and the response to it must be set forth;
Document Type
Motion To Compel Discovery
The moving party must include a statement of the factual and legal reasons for compelling further responses, answers, or production as to each disputed matter.
(6) A statement by the moving party of the factual and legal reasons for compelling further responses, answers, or production as to each matter in dispute;
Document Type
Motion To Compel Discovery
A motion to compel discovery must include the text of the discovery request, interrogatory, question, or inspection demand at issue.
(1) The text of the request, interrogatory, question, or inspection demand;
Document Type
Motion To Compel Discovery
A motion to compel discovery must include the text of each response, answer, or objection, along with any further responses or answers.
(2) The text of each response, answer, or objection, and any further responses or answers;
Document Type
Motion To Compel Discovery
A plaintiff seeking trial preference must provide case defendants with a completed Plaintiff Fact Sheet, a list of all known medical providers including the Primary Treating Physician, signed record authorizations, and all non-privileged medical and pharmacy records.
Plaintiff will also provide the case defendants with the following: (1) Plaintiff Fact Sheet- To the extent not previously provided, plaintiff shall provide a completed PFS. A completed PFS is defined as, at minimum, providing answers to all questions contained in the PFS, and all required documents; (2) A list of all known medical providers of the plaintiff, including the identity of the Primary Treating Physician; (3) Authorizations- to the extent not previously provided, completed and signed originals of all record authorization forms that are part of the PFS, including medical record authorizations for all known medical providers within the claimed exposure period; (4) Medical and pharmacy records- all non-privileged medical and pharmacy records within the Plaintiffs' possession, custody or control.
Document Type
Plaintiff Disclosure
A party that inadvertently produces designated material must give written notice, with a designated copy attached, within 20 days of discovering the inadvertent production.
In the event that any Document, Testimony, or Information that is subject to a "Confidential" or "Highly Confidential" designation is inadvertently produced without such designation, the Party that inadvertently produced the document shall give written notice of such inadvertent production within twenty (20) days of discovery of the inadvertent production, together with a further copy of the subject Document, Testimony, or Information designated as "Confidential" or "Highly Confidential" (the "Inadvertent Production Notice").
Document Type
Inadvertent Production Notice
Counsel objecting to a confidentiality designation must provide written Designation Objections identifying the specific items at issue and the specific reasons and support for each objection.
In the event that counsel for a Party receiving Documents, Testimony or Information in discovery designated as "Confidential" or "Highly Confidential" objects to such designation with respect to any or all of such items, said counsel shall advise counsel for the Designating Party, in writing, of such objections, the specific Documents, Testimony or Information to which each objection pertains, and the specific reasons and support for such objections (the "Designation Objections").
Document Type
Designation Objections
A receiving party that destroys inadvertently produced material must notify the producing party in writing within 10 days of receiving the Inadvertent Production Notice.
Should the receiving Party choose to destroy such inadvertently produced Document, Testimony, or Information, the receiving Party shall notify the producing Party in writing of such destruction within ten (10) days of receipt of written notice of the inadvertent production.
Document Type
Destruction Notice
Before disclosing Highly Confidential Materials to an outside expert, counsel must deliver a copy of the Protective Order to the expert, explain its terms, and obtain the expert's signature on the Exhibit A acknowledgment statement.
prior to the Disclosure of Highly Confidential Materials to any such expert or expert consultant, counsel for the Party making the Disclosure shall deliver a copy of this Protective Order to such person, shall explain its terms to such person, and shall secure the signature of such person on a statement in the form attached hereto as Exhibit A prior to the Disclosure of Highly Confidential Materials.
Document Type
Expert Acknowledgment
Sealed filings of confidential materials must be placed in an envelope marked 'CONFIDENTIAL – FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED.'
the same shall be separately filed under seal with the clerk of the Court in an envelope marked: "CONFIDENTIAL – FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED."
Document Type
Sealed Filing Envelope
Recipients of Confidential or Highly Confidential Materials may not disclose them (including notes or records made about them) to anyone except as expressly permitted by the Protective Order, and may not copy or use them except solely for purposes of the Proceeding.
I understand that the Confidential Materials and Highly Confidential Materials, as defined in the Protective Order, including any notes or other records that may be made regarding any such materials, shall not be Disclosed to anyone except as expressly permitted by the Protective Order. I will not copy or use, except solely for the purposes of this Proceeding, any Confidential Materials or Highly Confidential Materials obtained pursuant to this Protective Order, except as provided therein or otherwise ordered by the Court in the Proceeding.
Document Type
Certification
Before receiving Confidential or Highly Confidential Materials, a person must execute a certification (stating name, position, and employer) acknowledging the materials are subject to the Protective Order and agreeing to be bound by it, declared under penalty of perjury with date, signature, and title.
hereby acknowledge that I am about to receive Confidential Materials and/or Highly Confidential Materials supplied in connection with the SILICOSIS CASES Proceeding, (INSERT CASE NO.). I certify that I understand that the Confidential Materials and/or Highly Confidential Materials are provided to me subject to the terms and restrictions of the Protective Order issued in this SILICOSIS CASES Proceeding. I have been given a copy of the Protective Order; I have read it, and I agree to be bound by its terms.
Document Type
Certification
Confidential and Highly Confidential Materials must be retained securely, kept in the recipient's personal custody until termination of their participation in the Proceeding, and then returned to the counsel who provided them.
I further understand that I am to retain all copies of all Confidential Materials and Highly Confidential Materials provided to me in the Proceeding in a secure manner, and that all copies of such materials are to remain in my personal custody until termination of my participation in this SILICOSIS CASES Proceeding, whereupon the copies of such materials will be returned to counsel who provided me with such materials.
Document Type
Certification
The Pre-Trial Document trial binder must contain, with a table of contents: current operative pleadings, joint brief statement of the case, joint witness list, joint exhibit list, joint jury instructions, joint jury verdict form, and a joint chart of page and line designations of deposition and former testimony.
Pre-Trial Document trial binders (3-ring), consisting of one-sided, conformed copies, tabbed, with a table of contents of the following: 1. Current operative pleadings; 2. Joint brief Statement of the Case to be read to the jury; 3. Joint Witness List; 4. Joint Exhibit List; 5. Joint Jury Instructions; 6. Joint Jury Verdict Form; 7. Joint Chart of Page and Line Designations of deposition and former testimony
Document Type
Pretrial Trial Binder
The Joint Brief Statement of the Case must be signed by counsel for each party.
The Joint Brief Statement of the Case shall be signed by counsel for each party.
Document Type
Joint Statement Of The Case
Before trial, the parties must submit a brief statement of the case (a few paragraphs at most) identifying the parties and outlining the subject matter and claims, to be read to the jury.
In preparation for trial, the parties shall submit to the Court a proposed brief statement of the case (no longer than a few paragraphs) to be read to the jury, identifying the parties and outlining the subject matter and claims of the case.
Document Type
Joint Statement Of The Case
The Joint Witness List must include, in column format, the witness's name (alphabetical), calling party, relationship to case, brief description of testimony, and whether the witness is actually expected to testify.
The JOINT WITNESS LIST shall include the following information in column format: 1. Name of the Witness (listed alphabetically) 2. Party calling witness 3. Relationship to case 4. Brief description of testimony 5. Indication whether witness, in good faith, is actually expected to testify
Document Type
Joint Witness List
The Joint Witness List must also include the expected length of cross examination, subtotal hours for each witness, and any objections to witness testimony with the bases for those objections.
7. Expected length of cross examination 8. Subtotal hours for witness 9. Whether there are any objections to witness testimony, and bases for objections
Document Type
Joint Witness List
The Joint Witness List must be signed by all counsel for the parties.
The Joint Witness list must be signed by all counsel for the parties.
Document Type
Joint Witness List
Filing & Service rules
Electronic Filing Rules
FSX may be used only for service of documents and not for filing; original documents must still be filed with the Court under the applicable rules.
The use of FSX shall apply only to the service of documents, and not to their filing. Original documents must still be filed with the Court, pursuant to the applicable California Rules of Civil Procedure, California Rules of the Court, and the Los Angeles County Superior Court Local Rules.
Page 8 | GENERAL ORDER NO. 4 DESIGNATED ELECTRONIC SERVICE PROVIDER
The electronic service order does not govern filing with the Court; all documents must be filed on the court's website with the signature of submitting counsel and in compliance with the California Code of Civil Procedure and California Rules of Court.
This Order only applies to service among the parties and does not pertain to the filing if documents with the Court. All documents submitted to the Court must be filed in the traditional manner, i.e., filed on the court's website, include a signature of submitting counsel, and comply with all applicable provisions of the California Code of Civil Procedure and the California Rules of Court.
Page 13 | Paragraph 12 - Order Does not Relate to Filing
All documents produced in the JCCP 5378 proceeding must be uploaded to FSX in compliance with the court's electronic services orders.
Parties shall produce all documents in this JCCP 5378 proceeding by uploading them to FSX in compliance with the court's electronic services orders.
Page 77 | GENERAL ORDER NO. 20 - DOCUMENT PRODUCTION - 1. Production of Documents
Documents obtained from third parties must be uploaded via FSX in compliance with the court's electronic service orders.
Parties who obtain documents from third parties, including medical providers, pursuant to business records subpoenas, deposition subpoenas, or otherwise, shall promptly Bates stamp all such documents, using letters identifying the entity producing the documents (unless the documents have been already Bates stamped by the third party, in which case re-stamping is not necessary), and upload the documents via FSX in compliance with the court's electronic service orders.
Page 78 | GENERAL ORDER NO. 20 - DOCUMENT PRODUCTION - 4. Documents Produced by Third Parties
FSX must maintain a sortable index providing 24/7 access to the pleadings and documents in the coordinated proceedings.
FSX shall prepare and maintain an index of all sortable according to methods that provide access to the pleadings and documents 24 hours a day, 7 days a week.
Page 9 | GENERAL ORDER NO. 4 DESIGNATED ELECTRONIC SERVICE PROVIDER — ¶ 8 (FSX Documents Index)
FSX access is limited to registered users (authorized Court personnel, counsel of record, and their designated staff), each of whom receives a username and password.
Access to the FSX shall be limited to registered users-authorized Court personnel, counsel of record, and their designated staff members. FSX shall provide each registered user with a username and password to access the documents served in this litigation.
Page 10 | GENERAL ORDER NO. 4 DESIGNATED ELECTRONIC SERVICE PROVIDER — ¶ 9 (Access)
Filing Timing and Cure Windows
Objections to an add-on petition must be filed by notice of opposition within 10 days of the petition's filing, pursuant to CRC 3.544(b) and (c).
Should any party object to a case being included in JCCP No. 5378 as an Add-On Case, such party shall, within 10 days of the filing of the Petition for Add-On, file a notice of opposition pursuant to CRC 3.544(b) and (c).
Page 7 | GENERAL ORDER NO. 3 ADD-ON CASES
Plaintiff's counsel must file a notice of the Court's Coordination of Add-On Case Order within 10 days of the order's issuance.
Within ten (10) days of issuance of the Court’s Order on Coordination of the individual add-on case, Plaintiff’s counsel shall file a notice of the Court’s Coordination of Add-On Case Order.
Page 7 | GENERAL ORDER NO. 3 ADD-ON CASES
Each plaintiff's firm must provide the court with a cumulative list of its pending Silicosis Cases every 90 days.
Each Plaintiff's firm shall provide the court with a cumulative list of their pending Silicosis Cases in these proceedings every 90 days which shall include the identity of Plaintiff's counsel, the individual case number, identification of the Plaintiff, filing date and current status.
Page 22 | REGULAR UPDATE OF CASES
Ex parte applications and their notices must be served and filed in the court by 10:00 a.m.
The ex parte application and notice must be served and filed in the court by 10:00 a.m.
Page 23 | GENERAL ORDER NO. 11 - 2. Ex Parte Applications
Expert witness depositions must be completed no later than 30 days before the Final Status Conference.
Expert witnesses shall have their depositions taken no later than 30 days before the Final Status Conference.
Page 80 | GENERAL ORDER NO. 21 - EXPERT DISCOVERY, 4. Timing of Expert Depositions
Plaintiff's counsel must disclose any changed circumstances in plaintiff's health no later than 2 court days before the preference hearing, after making good faith efforts to contact plaintiff and family to ascertain changed circumstances.
No later than two (2) court days prior to the hearing on Plaintiff's motion for preference pursuant to Sections 36(a) and (d), plaintiff's counsel must also disclose whether there have been any changed circumstances in Plaintiff's health since the declaration was signed, or the deposition of the primary treating physician, whichever occurred later. Prior to making this required disclosure, plaintiff's counsel shall make all good faith efforts to contact Plaintiff and his/her/their family to ascertain any changed circumstances.
Page 88 | 2. Trial Preference Evaluation Protocol - d. Additional Discovery and Updated Information
Plaintiff must file and serve a joint form containing all parties' proposed provisions at least 2 court days before the hearing on any motion for a preferential trial date.
At least two (2) court days prior to the hearing on any motion for a preferential trial date, plaintiff shall file and serve a joint form containing all the parties' proposed provisions.
Page 89 | b. Joint Proposed Preference Case Trial Setting Order
The Designating Party has 30 days after receiving written Designation Objections to agree in writing to de-designate and/or file a motion with the Court to uphold the designations.
Counsel for the Designating Party shall have thirty (30) days from receipt of the written Designation Objections to either (a) agree in writing to de-designate Documents, Testimony, or Information pursuant to any or all of the Designation Objections and/or (b) file a motion with the Court seeking to uphold any or all designations on Documents, Testimony, or Information addressed by the Designation Objections (the "Designation Motion").
Page 104
The parties must submit the Pre-Trial Document trial binders to the court at least five days before the Final Status Conference.
At least five days before the Final Status Conference, the parties shall submit to the court Pre-Trial Document trial binders (3-ring), consisting of one-sided, conformed copies, tabbed, with a table of contents of the following:
Page 114 | GENERAL ORDER NO. 28 - FINAL STATUS CONFERENCE
The testimony designating party must lodge the final submission with the court at least five days before the Final Status Conference.
At least five days before the Final Status Conference, the testimony designating party must lodge with the court via USB drive (and/or hard copy/paper in 3 ring binders, if requested by the court):
Page 125 | FINAL SUBMISSION
In non-preference cases, motions in limine must be filed and served on regular notice so they can be heard at the Final Status Conference.
Motions in limine in non-preference cases shall be filed and served on regular notice so that they may be heard at the Final Status Conference.
Page 127 | GENERAL ORDER NO. 35 - MOTIONS IN LIMINE
Motions in limine regarding expert testimony from depositions taken less than 16 court days before the Final Status Conference may be heard on the trial date, provided the responding party has at least seven days to file an opposition.
Motions in limine concerning expert testimony obtained in deposition testimony less than 16 court days before the Final Status Conference may be filed and served to be heard on the trial date, provided that the responding party has no less than seven days to file an opposition.
Page 127 | GENERAL ORDER NO. 35 - MOTIONS IN LIMINE
Ex parte applications may be filed on any court day.
Ex parte applications may be filed on any court day.
Page 23 | GENERAL ORDER NO. 11 - 2. Ex Parte Applications
In preference cases, the motion in limine briefing schedule is set by the Preference Case Trial Setting Order, though a party may bring a motion in limine at any time for good cause shown.
In preference cases, the motion in limine briefing schedule will be set out in the Preference Case Trial Setting Order. However, a party may bring a motion in limine at any time for good cause shown.
Page 127 | GENERAL ORDER NO. 35 - MOTIONS IN LIMINE
Service and Proof of Service Rules
The Petition for Coordination of Add-On cases must be served on all appearing parties, with the source sentence truncated so additional service recipients may also apply.
For each new silicosis case filed in the Los Angeles Superior Court, Plaintiff must file a Petition for Coordination of Add-On cases to these Coordinated Proceedings, pursuant to California Rule of the Court 3.510, 3.520-3.523, and 3.544, including service on all appearing parties and on
Page 6 | GENERAL ORDER NO. 3 ADD-ON CASES
An add-on petition for a case originating outside Los Angeles County must be served on all appearing parties and on the Judicial Council.
For cases originally filed in a county other than Los Angeles County, a party may file a conformed copy of the complaint indicating “New JCCP No. 5378 Coordination Proceeding-Silicosis Case” and file a Petition for Coordination of Add-On case pursuant to Rule of Court 3.544, including service on all appearing parties and on the Judicial Council.
Page 7 | GENERAL ORDER NO. 3 ADD-ON CASES
All parties in JCCP No. 5378 must use File & ServeXpress (FSX) as the designated electronic service provider.
All parties shall use File & ServeXpress (“FSX”) as the Designated Electronic Service Provider for all cases included, or sought to be included in, the JCCP No. 5378.
Page 8 | GENERAL ORDER NO. 4 DESIGNATED ELECTRONIC SERVICE PROVIDER
Each attorney of record must register for electronic service with FSX within 10 days of the order or of a new attorney's entry of appearance.
Within ten (10) days of this Order, or within ten (10) days of the entry of appearance of a new attorney of record, each attorney of record in JCCP No. 5378 shall register for electronic service by completing the application available at http://www.fileandserexpress.com
Page 8 | GENERAL ORDER NO. 4 DESIGNATED ELECTRONIC SERVICE PROVIDER
The moving party is responsible for posting court orders and notices on the FSX systems.
The moving party shall have the responsibility of posting court orders and notices on the FSX systems.
Page 9 | GENERAL ORDER NO. 4 DESIGNATED ELECTRONIC SERVICE PROVIDER (¶ 4)
All documents not applicable to all coordinated cases must be posted and served on all parties in the individual case under the individual case number.
All other documents shall be posted and served on all parties in the individual case to which the documents pertain, under the individual case number.
Page 9 | GENERAL ORDER NO. 4 DESIGNATED ELECTRONIC SERVICE PROVIDER (¶ 6)
Documents, correspondence, court orders, and notices applicable to all JCCP No. 5378 cases must be posted by FSX on the JCCP No. 5378 FSX portal and e-served on all parties.
All documents and correspondence as defined in General Order No. 4, as well as all court orders and notices from the Court, applicable to all cases in JCCP No. 5378, shall be posted by the FSX on the JCCP No. 5378 FSX portal and e-served on all parties.
Page 9 | GENERAL ORDER NO. 4 DESIGNATED ELECTRONIC SERVICE PROVIDER (¶ 4)
FSX must post all documents e-served by the parties to the FSX portal and e-serve each document on every party on the service list.
FSX shall post all documents e-served by the parties to the FSX portal as provided in this Order and shall e-serve each document on the parties included on the service list provided to FSX in accordance with the procedure herein.
Page 9 | GENERAL ORDER NO. 4 DESIGNATED ELECTRONIC SERVICE PROVIDER — ¶ 4 (JCCP No. 5378 Coordinated Cases)
Documents, correspondence, court orders, and notices applicable to individual coordinated cases must be posted by FSX under the individual case number and e-served on all parties in that individual case.
All documents and correspondence as set forth in this General Order and General Order No. 5, as well as all court orders and notices from the court, applicable to individual cases coordinated under JCCP No. 5378, shall be posted by FSX on the individual case number and e-served on all parties in the individual case.
Page 9 | GENERAL ORDER NO. 4 DESIGNATED ELECTRONIC SERVICE PROVIDER (¶ 4)
Parties must post notices, pleadings, correspondence, and other documents applicable to all JCCP No. 5378 cases (or all cases handled by a plaintiff firm) on the 'all counsel' JCCP website and serve them on all parties.
All notices, pleadings, correspondence, or other document applicable to all cases in JCCP No. 5378, and all cases handled by a particular plaintiff firm in the JCCP shall be posted by the parties on the JCCP No. 5378 website designated 'all counsel' and served on all parties.
Page 9 | GENERAL ORDER NO. 4 DESIGNATED ELECTRONIC SERVICE PROVIDER (¶ 6)
Plaintiffs or cross-complainants must provide all parties a copy of General Order No. 4 (or a reference to the court file) at initial service of the complaint or cross-complaint or whenever a new party is brought into an existing case.
A copy of this Order or reference to the court file where such Order is located shall be provided to all parties by Plaintiff(s) or Cross-Complaint(s) at the time of initial service of the complaint or cross-complaint or any other such first time a new party is brought into an existing case.
Page 10 | GENERAL ORDER NO. 4 DESIGNATED ELECTRONIC SERVICE PROVIDER — ¶ 11 (New Parties)
Communications requesting a response within 72 hours (such as ex parte applications) must also be sent via email to the specific attorney(s) from whom a response is sought.
However, any communication requesting a response within 72 hours, such as an ex parte application, must also be sent via email to the specific attorney(s) from whom a response is sought.
Page 11 | GENERAL ORDER NO. 5 ELECTRONIC SERVICE - 2. Other Communications
All documents requiring service under the Code of Civil Procedure must be electronically served by uploading them to FSX pursuant to CRC 3.751.
All pleading, deposition notices, discovery requests and responses, documents produced, and other documents for which service is required under the Code of Civil Procedure shall be electronically served by uploading them to FSX pursuant to CRC 3.751.
Page 11 | GENERAL ORDER NO. 5 ELECTRONIC SERVICE - 1. Documents
All documents uploaded to FSX must include a Proof of Service certifying electronic service on counsel, and the FSX transaction receipt may be used as evidence of service if it substantially complies with the CCP and California Rules of Court.
All documents uploaded to the FSX shall include a Proof of Service certifying that a true and correct copy was electronically served on counsel by transmission to FSX. Proof of electronic service shall conform to the applicable provisions of the Code of Civil Procedure and the California Rules of the Court. The transaction receipt provided by FSX may be used as evidence of service so long as it complies substantially with such provisions.
Page 12 | GENERAL ORDER NO. 5 ELECTRONIC SERVICE - 8. Proof of Service
A document transmitted electronically is not considered served unless it is accepted by the electronic filing service system.
No document transmitted electronically shall be considered served unless it is acceptable by FSX.
Page 13 | Paragraph 10 - Applicability of Service Statutes
Electronic service completed by 11:59 p.m. PST is deemed e-served the same day, service after that time is deemed e-served the following court day, and related deadlines are extended by two court days.
be extended by two (2) court days. Electronic service of any document by 11:59 p.m. PST shall be deemed as having been e-served the same day. Documents served after 11:59 PST shall be deemed as having been e-served the following court day.
Page 13
Service of the summons and complaint/cross-complaint on defendants/cross-defendants located in the United States must be made within 30 days of filing.
For defendants/cross-defendants located in the United States, service of the summons and complaint/cross-complaint shall be made within 30 days of filing of the complaint/cross-complaint.
Page 18 | GENERAL ORDER NO. 8 - 1. Service of Complaint/Cross-Complaint
Motions for summary judgment and summary adjudication must be filed and served in compliance with CCP section 437c unless the parties stipulate otherwise or the court orders otherwise.
All motions for summary judgment and summary adjudication should be filed and served in compliance with Code of Civil Procedure, section 437c, absent a stipulation by the parties or order of the court.
Page 27 | GENERAL ORDER NO. 13 - 1. Statutory Requirements
In newly filed cases, Plaintiff must complete and serve the Plaintiff Preliminary Fact Sheet on Defendant within 30 days of service of the complaint.
For newly filed cases, Plaintiff shall complete and serve on Defendant a Plaintiff Preliminary Fact Sheet within 30 days of service of the complaint on Defendant.
Page 30 | General Order No. 14 - 3. Standard Written Discovery, a. Plaintiff Preliminary Fact Sheet
In pending Silicosis cases filed after December 31, 2023, Plaintiff must complete and serve the Plaintiff Preliminary Fact Sheet on Defendant within 60 days of this order.
In all pending cases filed after December 31, 2023, Plaintiff shall complete and serve on Defendant the Plaintiff Preliminary Fact Sheet within 60 days of this Order.
Page 30 | General Order No. 14 - 3. Standard Written Discovery, a. Plaintiff Preliminary Fact Sheet
In newly filed cases, Defendant must complete and serve the Defendant Preliminary Fact Sheet on Plaintiff within 30 days of filing its answer.
For newly filed cases, Defendant shall complete and serve on Plaintiff a Defendant Preliminary Fact Sheet within 30 days of the filing of Defendant's answer.
Page 31 | d. Defendant Preliminary Fact Sheet
In newly filed cases, Plaintiff must serve verified responses to the Standard Interrogatories to Plaintiff on Defendant within 60 days of service of the complaint.
For newly filed cases, Plaintiff shall serve Defendant with verified responses to the Standard Interrogatories to Plaintiff within 60 days of the service of the complaint.
Page 31
In newly filed cases, Defendant must serve verified responses to the Standard Interrogatories to Defendant on Plaintiff within 30 days of serving its answer to the complaint.
For newly filed cases, Defendant shall serve Plaintiff with verified responses to the Standard Interrogatories to Defendant within 30 days of the service of defendant's answer to complaint.
Page 31 | e. Standard Interrogatories Propounded to Defendant
In pending cases filed after December 31, 2023, Defendant must serve verified responses to the Standard Interrogatories to Defendant on Plaintiff within 60 days of the date of the Order.
In all pending cases filed after December 31, 2023, Defendant shall serve Plaintiff with verified responses to the Standard Interrogatories Propounded to Defendant within 60 days of the date of this Order.
Page 31 | e. Standard Interrogatories Propounded to Defendant
In pending cases filed after December 31, 2023, Defendant must complete and serve the Defendant Preliminary Fact Sheet on Plaintiff within 60 days of the Order.
In all pending cases filed after December 31, 2023, Defendant shall complete and serve on Plaintiff the Defendant Preliminary Fact Sheet within 60 days of this order.
Page 31 | d. Defendant Preliminary Fact Sheet
In pending cases filed after December 31, 2023, Plaintiff must serve verified responses to the Standard Interrogatories to Plaintiff on Defendant within 60 days of the date of the Order.
In all pending cases filed after December 31, 2023, Plaintiff shall serve Defendant with verified responses to the Standard Interrogatories to Plaintiffs within 60 days from the date of this Order.
Page 31
Defendant must serve its verified interrogatory responses and copies of Plaintiff's interrogatory responses on the Cross-Defendant within 30 days of the Cross-Defendant's answer to the cross-complaint.
Defendant shall serve defendant's verified responses to the Standard Interrogatories to Defendant and copies of Plaintiff's responses to the Standard Interrogatories to Plaintiff on Cross-Defendant within 30 days of the service of Cross-Defendant's answer to cross-complaint.
Page 31 | e. Standard Interrogatories Propounded to Defendant
In newly filed cases, Defendant must serve verified responses to the Standard Request for Production of Documents on Plaintiff within 60 days after service of its answer to the complaint.
For newly filed cases, Defendant shall serve Plaintiff with verified responses to the Standard Request for Production of Documents to Defendant within 60 days after service of the answer to complaint.
Page 32 | f. Standard Request for Production of Documents Propounded to Defendant
Defendant must produce its documents simultaneously with serving its responses to the Standard Request for Production of Documents.
Defendant's documents must be produced simultaneously with its responses to the Standard Request for Production of Documents to Defendant.
Page 32 | f. Standard Request for Production of Documents Propounded to Defendant
In pending cases filed after December 31, 2023, Defendant must serve verified responses to the Standard Request for Production of Documents on Plaintiff within 60 days of the Order.
In all pending cases filed after December 31, 2023, Defendant shall serve Plaintiff with verified responses to the Standard Request for Production of Documents Propounded to Defendant within 60 days of this Order.
Page 32 | f. Standard Request for Production of Documents Propounded to Defendant
When a Cross-Defendant is brought into the case, Defendant must re-serve its RFP responses and produced documents, plus copies of Plaintiff's RFP responses and produced documents, on the Cross-Defendant within 60 days of the Cross-Defendant's answer to the cross-complaint.
Should a Cross-Defendant be brought into the case, Defendant shall re-serve Defendant's responses to the Standard Request for Production of Documents Propounded to Defendant and all documents and records produced in connection therewith on the Cross-Defendant, within 60 days of Cross-Defendant serving its answer to the cross-complaint. Defendant shall also serve copies of Plaintiff's responses to the Standard Request for Production Propounded to Plaintiff and all documents and records produced in connection therewith on the Cross-Defendant, within 60 days of Cross-Defendant serving its answer to the cross-complaint.
Page 32 | f. Standard Request for Production of Documents Propounded to Defendant
If plaintiff determines in good faith that medical records are privileged or not subject to disclosure, plaintiff must serve a Notice of Redacted Records on all parties via FSX and on the Vendor via email.
Upon review, should plaintiff determine in good faith that any part of the records are not subject to disclosure and/or are privileged based upon privacy objections or then-existing privilege under California law, plaintiff shall serve a Notice of Redacted Records to all parties via FSX, and to Vendor via email.
Page 65 | First Look Period at Medical Records
Within five days after service of a PMK/Custodian of Records deposition notice, the deponent party must advise the noticing counsel whether the deposition date is confirmed and, if not, must provide two alternative dates.
Within five (5) days after service of a notice of deposition of a Person Most Knowledgeable and/or Custodian of Records, the party whose deposition is noticed must advise counsel who noticed the deposition, whether the date for the deposition is confirmed. If the deponent party of the deposition, deponent counsel must provide two alternative dates when the deposition may be taken.
Page 73 | GENERAL ORDER NO. 18 - 2. Responding to Notice of Deposition
Documents responsive to a deposition notice must be provided at least five days before the deposition.
If documents are sought in connection with the deposition, responsive documents must be provided at least five (5) days before the deposition.
Page 74 | GENERAL ORDER NO. 18 - 3. Time to Produce Documents Responsive to Deposition Notice
All parties must serve expert witness designations no later than 120 days before the trial date, except in cases where a preference trial has been ordered.
Other than cases in which a preference trial has been ordered, all parties shall serve expert witness designations no later than 120 days before the trial date to allow motions regarding expert designations to be briefed before and heard at the final pretrial conference.
Page 79 | GENERAL ORDER NO. 21 - EXPERT DISCOVERY, 1. Timely Designation and Demand
Parties must timely produce all expert witness materials electronically via FSX, Hightail, or Dropbox.
Parties shall timely produce all their expert witnesses' materials via FSX, Hightail, or Dropbox.
Page 80 | GENERAL ORDER NO. 21 - EXPERT DISCOVERY, 3. Production of Expert Materials
Counsel or parties seeking to be added to or removed from the service list must notify both FSX and Plaintiffs' counsel.
Any counsel or party seeking to be removed from or added to the service list shall notify both FSX and Plaintiffs' counsel.
Page 9 | GENERAL ORDER NO. 4 DESIGNATED ELECTRONIC SERVICE PROVIDER — ¶ 5 (All Party Service List)
Within one hour of a document being posted to the JCCP No. 5378 website, FSX must email all registered users on the applicable service list a notification containing hyperlinks to the document.
Within one (1) hour of a document being posted to the JCCP No. 5378 website, FSX shall send an email to all registered users on the applicable service list, notifying them of the posting. The email shall contain hyperlink(s) to the document location(s) on the JCCP No. 5378 website.
Page 9 | GENERAL ORDER NO. 4 DESIGNATED ELECTRONIC SERVICE PROVIDER — ¶ 7 (Notification of Service of Documents by FSX)
All initial data, additions, deletions, or changes to the service list must be approved by the affected party, while FSX personnel perform system administrative functions.
FSX personnel shall perform all administrative functions for the system, but all initial data, additions, deletions, or changes to the service list must be approved by the affected party.
Page 10 | GENERAL ORDER NO. 4 DESIGNATED ELECTRONIC SERVICE PROVIDER — ¶ 9 (Access)
Self-represented parties are exempt from electronic service and may serve documents under the California Code of Civil Procedure and other applicable rules.
Parties not represented by counsel are not required to electronically serve documents and may serve documents in accordance with the California Code of Civil Procedure and other applicable rules.
Page 13 | Paragraph 11 - Parties Not Represented by Counsel
Service on parties located outside the United States should be made within 40 days of filing of the complaint/cross-complaint.
For parties located outside the United States, service should be made within forty (40) days of filing of the complaint/cross-complaint.
Page 18 | GENERAL ORDER NO. 8 - 1. Service of Complaint/Cross-Complaint
FSX must maintain an 'all counsel' service list of all counsel in the JCCP 5378 proceedings and update it regularly from the individual case service lists.
FSX shall designate a unique case number to be designated the 'all counsel' service list and maintain a service list including all counsel involved in the JCCP 5378 proceedings. This list should be updated regularly by FSX by combing the service lists for all individual cases active on FSX.
Page 9 | GENERAL ORDER NO. 4 DESIGNATED ELECTRONIC SERVICE PROVIDER — ¶ 5 (All Party Service List)
Correspondence may also be uploaded to FSX (permitted in addition to required document service).
Correspondence may also be uploaded to FSX.
Page 11 | GENERAL ORDER NO. 5 ELECTRONIC SERVICE - 2. Other Communications
Parties and counsel are not required to file or serve a Notice of Remote Appearance.
Parties and their counsel need not file and/or serve Notice of Remote Appearance.
Page 17 | 3. Notice of Remote Appearance Not Necessary
Upon setting of an initial trial date, each party is automatically deemed to have demanded exchange of expert witness information and depositions of designated experts under CCP 2034.230 and 2034.260(b)(1).
Upon the setting of an initial trial date, each party is deemed to have made a demand of each other party for the exchange of information concerning expert trial witnesses under the Code of Civil Procedure section 2034.230. Each party is deemed to have demanded the deposition of any person identified by any other party as an expert trial witness under Code of Civil Procedure section 2034.260(b)(1).
Page 79 | GENERAL ORDER NO. 21 - EXPERT DISCOVERY, 1. Timely Designation and Demand
Filing Fees and Waivers
The party noticing an expert deposition must prepay expert witness fees for the time it intends to use and must arrange payment for any extended deposition time before continuing the deposition.
The party noticing the deposition of an expert witness shall prepay the expert witness fees for the time the party, in good faith, intends to use for examination of the witness. In the event the deposition needs to be extended beyond the prepaid time, prior to the continuation of the deposition the party noticing the deposition must make arrangements with the witness (or the witness's counsel) for the payment for the extended deposition time.
Page 80 | GENERAL ORDER NO. 21 - EXPERT DISCOVERY, 7. Expert Deposition Time Fees
Court reporting service fees at hearings must be split evenly between each side presenting at the hearing.
The cost of the court reporting services at court hearings shall be split evenly between each side presenting at the hearing.
Page 15 | 3. Payment of Designated Court Reporting Service Fees
No filing fee is assessed for the electronic filing of an add-on petition.
No fee will be assessed at the time of the electronic filing of the add-on petition.
Page 7 | GENERAL ORDER NO. 3 ADD-ON CASES
Sealing & Redaction Procedures
A party may designate material as 'Highly Confidential' only if the material is non-public and the party in good faith believes disclosure would create a substantial risk of serious financial or other injury that cannot be avoided by less restrictive means.
The Designating Party shall have the right to designate as "Highly Confidential" only the non-public Documents, Testimony, or Information that the Designating Party in good faith believes would create a substantial risk of serious financial or other injury, if Disclosed to another Party or non-Party, and that such risk cannot be avoided by less restrictive means.
Page 102 | Protective Order ¶ 2
Upon receipt of an Inadvertent Production Notice, the receiving party must promptly destroy or return the inadvertently produced material and all copies.
Upon receipt of such Inadvertent Production Notice, the Party that received the inadvertently produced Document, Testimony, or Information shall promptly destroy the inadvertently produced Document, Testimony, or Information and all copies thereof, or, at the expense of the producing Party, return such together with all copies of such Document, Testimony or Information to counsel for the producing Party and shall retain only the "Confidential" or "Highly Confidential" materials.
Page 104
Confidential Materials may be accessed or disclosed only to the enumerated persons/entities: the Court; attorneys of record and their affiliated staff; in-house counsel and staff; officers, directors, partners, members, employees and agents of non-designating parties; court reporters; certain witnesses; mock jury participants; and outside experts or expert consultants.
Access to and/or Disclosure of Confidential Materials shall be permitted only to the following persons or entities:
Page 105 | Stipulation and Protective Order ¶ 7 — Access to and/or Disclosure of Confidential Materials
Before disclosing Confidential Materials to an officer, director, partner, member, employee, or agent of a non-designating party, counsel must deliver a copy of the Protective Order to the person, explain that they are bound by it, and obtain their signature on the Exhibit A acknowledgment.
provided, however, that prior to the Disclosure of Confidential Materials to any such officer, director, partner, member, employee or agent, counsel for the Party making the Disclosure shall deliver a copy of this Protective Order to such person, shall explain that such person is bound to follow the terms of such Order, and shall secure the signature of such person on a statement in the form attached hereto as Exhibit A
Page 105 | Stipulation and Protective Order ¶ 7(c)
Confidential material whose designation objections are neither timely resolved by agreement nor timely addressed in a Designation Motion will be de-designated.
In the event that the Designation Objections are neither timely agreed to nor timely addressed in the Designation Motion, then such Documents, Testimony, or Information shall be de-designated in accordance with the Designation Objection applicable to such material.
Page 105 | Stipulation and Protective Order — Confidentiality Designations
Counsel has an affirmative obligation upon learning of any breach or threatened breach of the Protective Order by a person given access to Confidential Materials (provision continues beyond this excerpt).
It shall be the obligation of counsel, upon learning of any breach or threatened breach of this Protective Order by any such
Page 106 | Stipulation and Protective Order ¶ 7(h)
Before disclosing Confidential Materials to outside experts or expert consultants, counsel must deliver a copy of the Protective Order, explain its terms, and obtain a signed Exhibit A acknowledgment.
outside experts or expert consultants consulted by the undersigned Parties or their counsel in connection with the Proceeding, whether or not retained to testify at any oral hearing; provided, however, that prior to the Disclosure of Confidential Materials to any such expert or expert consultant, counsel for the Party making the Disclosure shall deliver a copy of this Protective Order to such person, shall explain its terms to such person, and shall secure the signature of such person on a statement in the form attached hereto as Exhibit A.
Page 106 | Stipulation and Protective Order ¶ 7(h)
Before disclosing Confidential Materials to mock jury participants, counsel must deliver a copy of the Protective Order, explain that the participant is bound by its terms, and obtain a signed Exhibit A acknowledgment.
mock jury participants, provided, however, that prior to the Disclosure of Confidential Materials to any such mock jury participant, counsel for the Party making the Disclosure shall deliver a copy of this Protective Order to such person, shall explain that such person is bound to follow the terms of such Order, and shall secure the signature of such person on a statement in the form attached hereto as Exhibit A.
Page 106 | Stipulation and Protective Order ¶ 7(g)
Access to and disclosure of Highly Confidential Materials is restricted to trial counsel (outside retained counsel, excluding in-house counsel) and their staff, outside experts who have signed the protective order acknowledgment, persons previously familiar with the designated materials, court reporters, and the Court.
Access to and/or Disclosure of Highly Confidential Materials shall be permitted only to the following persons or entities:
Page 107 | Paragraph 8
Confidential and Highly Confidential Materials may be used only for preparing for, conducting, and participating in this Proceeding, and not for any business or other purpose.
Confidential Materials and Highly Confidential Materials shall be used by the persons or entities receiving them only for the purposes of preparing for, conducting, participating in the conduct of, and/or prosecuting and/or defending the Proceeding, and not for any business or other purpose whatsoever.
Page 108 | Paragraph 9
Motions or proceedings containing confidential materials that are governed by California Rules of Court Rules 2.550 and 2.551 must follow those sealing rules.
Where any Confidential Materials or Highly Confidential Materials, or Information derived therefrom, is included in any motion or other proceeding governed by California Rules of Court, Rules 2.550 and 2.551, the Parties and any involved non-party shall follow those rules.
Page 110 | Protective Order ¶ 17
Confidential materials submitted to the Court in connection with discovery motions must be separately filed under seal with the clerk in an envelope marked 'CONFIDENTIAL – FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED.'
If Confidential Materials, Highly Confidential Materials, or Information derived therefrom are submitted to or otherwise disclosed to the Court in connection with discovery motions and proceedings, the same shall be separately filed under seal with the clerk of the Court in an envelope marked: "CONFIDENTIAL – FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER AND WITHOUT ANY FURTHER SEALING ORDER REQUIRED."
Page 110 | Protective Order ¶ 17
Financial information for the punitive damages trial phase must be aggregated by the defendant, placed in a sealed package, and lodged with the trial court on the first day of trial, with access governed by Civil Code section 3295 or other court order.
damages trial phase shall be aggregated by the defendant, placed in a sealed package, and lodged with the trial court on the first day of trial. The trial court shall permit access to such information as applicable under Civil Code section 3295, or as otherwise ordered.
Page 132 | GENERAL ORDER NO. 36 - FINANCIAL INFORMATION FOR PUNITIVE DAMAGES TRIAL PHASE
Redaction of produced medical records is triggered when the records are privileged or not subject to disclosure based on privacy objections or privilege under California law.
Upon review, should plaintiff determine in good faith that any part of the records are not subject to disclosure and/or are privileged based upon privacy objections or then-existing privilege under California law, plaintiff shall serve a Notice of Redacted Records to all parties via FSX, and to Vendor via email.
Page 65 | First Look Period at Medical Records
Tangible items and non-document Information must be marked 'Confidential' or 'Highly Confidential' on the exterior of their containers, with specific protected portions identified where practicable.
For Information produced in some form other than Documents, and for any other tangible items, including, without limitation, compact discs or DVDs, the Designating Party must affix in a prominent place on the exterior of the container or containers in which the Information or item is stored the legend "Confidential" or "Highly Confidential." If only portions of the Information or item warrant protection, the Designating Party, to the extent practicable, shall identify the "Confidential" or "Highly Confidential" portions.
Page 103
Testimony designated for protection before the deposition concludes may have more specific protected portions identified within 30 days after receipt of the deposition transcript.
"Confidential" or "Highly Confidential" (before the deposition is concluded) with the right to identify more specific portions of the Testimony as to which protection is sought within 30 days following receipt of the deposition transcript.
Page 103
Existing confidentiality designations remain in effect pending the Court's resolution of the Designation Motion.
Pending a resolution of the Designation Motion by the Court, any and all existing designations on the Documents, Testimony, or Information at issue in such Motion shall
Page 104
Each non-lawyer given access to Confidential Materials must first be advised that the materials are disclosed under, and subject to, the Protective Order and may not be disclosed other than pursuant to its terms.
Provided, however, that each non-lawyer given access to Confidential Materials shall be advised that such materials are being Disclosed pursuant to, and are subject to, the terms of this Stipulation and Protective Order and that they may not be Disclosed other than pursuant to its terms
Page 105 | Stipulation and Protective Order ¶ 7(b)
The Designating Party bears the burden of proving that its "Confidential" or "Highly Confidential" designation applies in any Designation Motion.
The Designating Party shall have the burden on any Designation Motion of establishing the applicability of its "Confidential" or "Highly Confidential" designation.
Page 105 | Stipulation and Protective Order — Confidentiality Designations
Deposition or non-trial hearing witnesses without prior access to Confidential Materials may receive them only after being advised that the materials are governed by the Protective Order and may not be disclosed outside its terms.
any deposition or non-trial hearing witness in the Proceeding who previously did not have access to the Confidential Materials; provided, however, that each such witness given access to Confidential Materials shall be advised that such materials are being Disclosed pursuant to, and are subject to, the terms of this Protective Order and that they may not be Disclosed other than pursuant to its terms
Page 106 | Stipulation and Protective Order ¶ 7(f)
Inadvertent production of material without a confidentiality designation does not waive claims that the material is 'Confidential' or 'Highly Confidential.'
The inadvertent production by any of the undersigned Parties or non-Parties to the Proceedings of any Document, Testimony, or Information during discovery in this Proceeding without a "Confidential" or "Highly Confidential" designation, shall be without prejudice to any claim that such item is "Confidential" or "Highly Confidential" and such Party shall not be held to have waived any rights by such inadvertent production.
Page 103
The inadvertent production procedure does not apply to material protected by attorney-client or work product privileges.
This provision is not intended to apply to any inadvertent production of any Document, Testimony, or Information protected by attorney-client or work product privileges.
Page 104
Filing Bundling Requirements
All papers relating to a particular motion must be electronically served in a single service transaction.
All papers relating to a particular motion shall be electronically served in a single service transaction.
Page 11 | GENERAL ORDER NO. 5 ELECTRONIC SERVICE - 3. Format
Joint motions or oppositions on behalf of all joining parties are encouraged where appropriate and feasible.
Where appropriate and/or feasible, motions or oppositions should be filed jointly on behalf of all joining parties.
Page 25 | GENERAL ORDER NO. 12 - JOINT MOTIONS AND JOINDERS
Parties should avoid filing duplicative motions or joinders that differ in form only.
Parties should avoid filing duplicative motions and joinders in form only.
Page 25 | GENERAL ORDER NO. 12 - JOINT MOTIONS AND JOINDERS
Pre-Motion Conference Requirements
Parties must meet and confer before filing a joinder to another party's motion or opposition.
Parties seeking to join another party’s motion or opposition must meet and confer prior to filing a joinder.
Page 25 | GENERAL ORDER NO. 12 - JOINT MOTIONS AND JOINDERS
Parties must meet and confer in good faith on any discovery dispute and, if unresolved, must request an Informal Discovery Conference before filing a motion on the dispute.
Before the filing of a motion concerning a discovery dispute, the parties are required to meet and confer, in good faith, to attempt to resolve the dispute. In the event the dispute cannot be resolved after a good faith meet and confer discussion, the parties must request an informal discovery conference (IDC).
Page 81 | GENERAL ORDER NO. 22 INFORMAL DISCOVERY CONFERENCE PROTOCOL
Plaintiff's counsel must provide written Preference Notice to the Committee and case defendants at least 10 days before filing a motion for trial preference, along with the required preference information.
Plaintiff's counsel who has a good faith basis for asserting entitlement to a preferential trial setting in a case under Code of Civil Procedure §36 should provide written notice ("Preference Notice") to the Committee and the case defendants of the potential claim of preferential trial setting eligibility at least 10 days before a motion for preference is filed. At the time this Preference Notice is given, the submitting plaintiff's counsel shall also submit to the Committee and Defendants the information set forth below in section (c).
Page 86 | GENERAL ORDER NO. 25 - PREFERENTIAL TRIAL SETTING, 1.b Preference Notice
Counsel seeking preferential trial setting must submit specified information to the Committee, including bases for preference, supporting facts, discovery status, expert status, anticipated motions, claimed prejudice, and for CCP 36(a)/(d) motions the primary treating physician's identity and plaintiff's prognosis.
Plaintiff's counsel who seeks to present a case to the Court for preferential trial setting shall submit to the Committee the following information: • Bases for preference invoked (e.g., C.C.P. §36(a) age, §36(b) minor, §36(d) health); • Short statement of facts supporting Plaintiff's eligibility for preference; • Fact discovery status (party, non-party, third party medical records) and key gaps in discovery still required; • Expert status (names/fields, report timing, depositions anticipated); • Anticipated or outstanding dispositive, Sargon, or summary judgment motions; • Claimed prejudice from denial of preference; and • For preference motions based on C.C.P. §36(a) or (d): o Identity of plaintiff's primary treating physician, defined as the physician providing the primary care and treatment to Plaintiff ("Primary care physician"); o Plaintiff's prognosis, including expected progression, life expectancy, and risk of further deterioration;
Page 86 | GENERAL ORDER NO. 25 - PREFERENTIAL TRIAL SETTING, 1.c Preference Information
A plaintiff may serve a motion for trial preference only after the Committee submits its recommendation or fails to report within 5 days, and the motion must comply with Code of Civil Procedure section 36.
After the Committee submits its recommendation to the court, or if the Committee fails to submit its report within five (5) days, plaintiff may serve a motion for trial preference that complies with the provisions of Code of Civil Procedure section 36.
Page 87 | 2. Trial Preference Evaluation Protocol - b. Motion For Preference
When multiple preference motions are filed, the parties must confer on their appropriateness and order of consideration, present recommendations to the Court, and unresolved disputes are decided by the Court.
If multiple preference motions are filed, then the parties shall confer regarding the appropriateness of multiple motions, as well as the order in which the motions for trial preference should be considered, and present their recommendations to the Court. Any unresolved disputes among the parties will be decided by the Court.
Page 87 | 2. Trial Preference Evaluation Protocol - b. Motion For Preference
Parties must meet and confer on a proposed Preference Case Trial Setting Order at least 5 court days before the hearing on any motion for a preferential trial date.
At least five (5) court days prior to hearing on any motion for a preferential trial date, the parties shall meet and confer on a proposed Preference Case Trial Setting Order (in the event the motion is granted).
Page 88 | 3. Preference Case Trial Setting Order - a. Counsel Conference
Before filing a motion in limine, parties must comply with LASC Local Rule 3.57's meet and confer requirement, which must be in real time (in person, by telephone, or video conference) — correspondence exchanges are insufficient — and must address possible stipulations on the limited purpose for admitting certain evidence.
Parties must adhere to the provisions of LASC Local Rule 3.57. including the ... the motion being filed. Such meet and confer must be in real time and in person, by telephone, or by video conference. Exchange of correspondence is not sufficient. Among the issues to be discussed in any meet and confer is whether a stipulation may be reached concerning the limited purpose for which certain evidence may be admitted.
Page 128 | GENERAL ORDER NO. 35 - MOTIONS IN LIMINE
In punitive damages cases, counsel must meet and confer before the final status conference to determine the documents/information needed to establish the defendant's financial condition, and any disagreement must be presented to the court at the Final Status Conference.
In cases in which plaintiff asserts a claim for punitive damages against a defendant, counsel for the parties shall meet and confer before the final status conference to determine the type of documents and/or other information reasonably necessary to establish the financial condition of the defendant, in the event the finder of fact returns a verdict in phase one of a bifurcated trial relative to fraud, oppression, and/or malice. Should the parties not be able to agree on the necessary documents/information, the parties shall present the issue to the court at the Final Status Conference.
Page 131 | GENERAL ORDER NO. 36 - FINANCIAL INFORMATION FOR PUNITIVE DAMAGES TRIAL PHASE
A defendant seeking redacted records must first meet and confer in good faith with plaintiff and, if unresolved, the parties must comply with the General Order's Informal Discovery Conference procedure.
Should a defendant wish to obtain the subject redacted records, defendant shall contact plaintiff to meet and confer in good faith, to resolve the related issues. If parties are unable to resolve the issues and defendant still desires to obtain the subject records, the parties shall comply with the provisions of the General Order regarding an Informal Discovery Conference.
Page 65 | First Look Period at Medical Records
Adjournment & Extension Requirements
Hearing continuances require a stipulation and proposed order (or an unopposed ex parte application if time requires), and hearing dates may not otherwise be changed without a court order.
Parties may present a stipulation and proposed order to continue a hearing or, if time requires, an unopposed ex parte application for a continuance. No hearing date may otherwise be changed absent a court order.
Page 24 | GENERAL ORDER NO. 11 - 3. Stipulations Regarding Motion Scheduling
Chambers Communication Rules
Counsel must document all remote appearances by emailing attorney name, representation, and contact information to the Coordination Department's Resource Account (sscdept6@lacourt.org) and the appointed court reporter.
All remote appearances shall be documented by counsel emailing to the Coordination Department's Resource Account, sscdept6@lacourt.org, and appointed court reporter the following information: attorney's name, representation, and contact information.
Page 16 | GENERAL ORDER NO. 7 REMOTE APPEARANCES - 2. Remote Appearance Attendance
FSX must maintain a 24-hour, 365-day technical support line for counsel of record and the Court at (888)-529-7587.
FSX shall maintain a 24hour, 365-day technical support line available to counsel of record and the Court at (888)-529-7587 and at http://www.fileandservexpress.com/support.
Page 10 | GENERAL ORDER NO. 4 DESIGNATED ELECTRONIC SERVICE PROVIDER — ¶ 10 (FSX Help)