Judge Michael Small
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Exhibits
- 4 copies • Not Specified In Source
Motion In Limine Motions
- 1 copy • Chambers Drop Off • No Later Than One Day Before Fsc
Binding: Tabbed Three Ring
Trial Readiness Documents
- Day Before Fsc
Binding: Three Ring Binder
All filings
Court-wide- Chambers Drop Off • Upon Filing
- Hand Delivery
Adjournments
- Attorneys and parties are expected to grant reasonable requests for extensions of time to respond to pleadings, discovery, or other matters.
- A trial continuance at the further status conference requires a collective request by all sides, evident good cause, and available calendar time to adjust the trial date.
Request must include
Communication
Chambers6 contacts
- sscdept27@lacourt.ca.gov
- sscd@t28@lacourt.ca.gov
- (213) 310-7011
- 213-310-7127
- 213-310-7128
- (213) 633-0689
Clerk2 contacts
- 213-830-0800 (Stanley Mosk); 213-310-7000 (Spring St)
- 213-830-0845
Document Format Requirements2 rules
Exhibits must be separately numbered to match the joint exhibit list, multi-page exhibits must be internally numbered (e.g., 3.1, 3.2, 3.3), and documents with original or deposition-transcript page numbers must be renumbered for trial.
Each exhibit must be separately numbered, with the numbers corresponding to the number of the exhibit on the joint exhibit list. If an exhibit contains more than one page, the pages must be internally numbered, i.e., 3.1, 3.2, 3.3 etc. Documents with original page numbers or that were attached to deposition transcripts shall be renumbered for use at trial.
Proposed special jury instructions and addenda to form instructions must leave at least four inches of blank space at the top of every page.
Leave at least four inches of blank space of the top of every page of any proposed special jury instructions, or any addenda to form instructions.
Document Filing Requirements11 rules
IDC requests on form LACIV094 must describe the nature of the dispute in appropriate detail or the request will be denied.
If an IDC is requested, the party requesting it must describe in appropriate detail the nature of the dispute on form LACIV094. Vague and amorphous descriptions of the dispute (for example, “the other side is not complying with my discovery requests”) will result in the denial of the IDC request.
Document Type
Idc Request
The joint exhibit list must allocate number blocks by party and include each exhibit's number, a brief description, and three columns headed 'Stipulation: Authenticity/Admission', 'Date Identified', and 'Date Admitted', with counsel asked to attempt stipulations to admissibility or foundation.
Counsel are to agree on a block of numbers to be allocated to each party for exhibits. The exhibit list shall include the exhibit number and a brief description of the exhibit. There shall be three columns to the right of the description. The first of these should be a column headed "Stipulation: Authenticity/Admission." The second of these should be a column headed "Date Identified." The third should be a column headed "Date Admitted." The Court requests that counsel attempt to stipulate to the admissibility or foundation of exhibits contained on the list.
Document Type
Joint Exhibit List
Parties must submit a joint witness list showing each witness's estimated total testimony time (direct, cross, redirect, recross) plus a total of all time estimates.
The parties must submit a joint list of all witnesses each party actually intends to call. Next to each witness, the parties must indicate the total time estimated for that witness's testimony (including direct, cross, redirect, and recross). Counsel shall make realistic time estimates. At the end of the list, counsel must total the time estimated for testimony.
Document Type
Joint Witness List
Strict compliance with CRC Rule 2.1055's form and format requirements for proposed jury instructions will be enforced, and counsel are strongly encouraged to use the CACI instructions without deviation.
CRC Rule 2.1055 contains specific requirements regarding the filing and submission of proposed jury instructions, including form and format. Strict compliance with CRC 2.1055 will be enforced. The Court strongly encourages counsel to adhere to the proposed CACI instructions and not deviate from them.
Document Type
Proposed Jury Instructions
Parties using deposition or former testimony in lieu of live testimony must meet and confer and jointly file a designation chart with columns for designations, objections, counter-designations, responses, and the Court's ruling.
If the parties intend to use deposition testimony or former trial testimony in lieu of any witness's live testimony, counsel shall meet and confer and jointly prepare and file a chart with columns for: 1) the line and page designations of the deposition or former testimony requested, 2) objections, 3) counter-designations, 4) any responses to the objections, and 5) the Court's ruling.
Document Type
Deposition Designation Chart
Parties must submit a joint set of agreed jury instructions plus each side's objected-to instructions, providing full text of all requested instructions with blanks completed and compliance with LR 3.170–3.171.
The parties are to submit a joint set of agreed-upon instructions, plus a set of instructions from each side to which there are objections. The parties shall provide the full text of all requested instructions (not just a list). Before submitting the instructions, counsel must fill in the blanks in the form instructions, make any appropriate modifications, and comply with LR 3.170 – 3.171.
Document Type
Proposed Jury Instructions
Motions in limine must comply with LR 3.57, including its declaration and meet-and-confer requirements, and boilerplate or form motions in limine are disfavored.
Compliance with LR Rule 3.57, including the declaration and meet and confer requirements, is mandatory. Boilerplate or form motions in limine are disfavored.
Document Type
Motion In Limine
If no court reporter is used at trial, the parties must jointly prepare a settled statement summarizing the day's proceedings and lodge it in the courtroom the next morning before proceedings resume.
The Court strongly encourages the parties to use a court reporter for trial. If no court reporter is used, the parties must jointly prepare a settled statement summarizing the day's proceedings, and lodge it in the courtroom the next morning before proceedings resume.
Document Type
Settled Statement
Parties must submit proposed general or special verdict forms, should submit alternative forms if they cannot agree on a single form, and must identify areas of disagreement, with strong encouragement to use the CACI verdict forms.
submit proposed general or special verdict forms. If counsel cannot agree advance on a single verdict form, alternative verdict forms should be submitted. Counsel shall identify for the Court the areas of disagreement with respect to the verdict form. Counsel are strongly encouraged to use the suggest verdict forms in the CACI instructions and not deviate from them.
Document Type
Proposed Verdict Forms
Ex parte applications must comply with CRC 3.1200 et seq. and be properly calendared in Department 517 per LR 2.8 and 2.9.
Please consult Local Rules (“LR”) 2.8 and 2.9 to determine whether the ex parte application is properly calendared in Department 517. Ex parte applications must comply with CRC 3.1200 et seq.
Document Type
Ex Parte Application
The joint statement of the case must be prepared by meet-and-confer and be a brief, neutral document informing the jury about the parties and their claims/defenses without favoring either side.
JOINT STATEMENT OF THE CASE. This statement will be read by the Court to the prospective jurors. Counsel must meet and confer to prepare the statement, which shall bea brief and neutral document that informs the jury about the parties and their claims/defenses without favoring one side.
Document Type
Joint Statement Of The Case
Filing & Service rules
Filing Timing and Cure Windows
Ex parte applications must be filed by 10:00 am on the court day before the ex parte hearing, absent an exception.
Absent an exception, ex parte applications must be filed by 10:00 am on the court day prior to the ex parte hearing.
Page 3 | Ex Parte Applications
Case Management Statements must be filed at least 7 calendar days before the scheduled Case Management Conference.
Case Management Statements must be filed at least 7 calendar days before the date scheduled for the conference.
Page 3 | Case Management
Joint trial readiness documents must be filed at least five court days before the FSC, and failure to participate may preclude a party from calling witnesses, presenting exhibits, or having a jury trial.
Trial readiness documents must be jointly filed at least five court days prior to the FSC. Failure by a party to participate in the exchange and filing of trial readiness documents may result in theparty being precluded from calling witnesses, presenting exhibits, or (if the other party wants a bench trial) having a jury trial.
Page 4 | Trial Procedure
Motions in limine must be filed and served with proper statutory notice and set for hearing on the FSC date.
Motions in limine must be filed and served with proper statutory notice and set for hearing on the FSC date. LR 3.25 (f)(2).
Page 6 | MOTIONS IN LIMINE
Filing Fees and Waivers
Jury trial fees must be posted before the Case Management Conference if a jury trial has been requested.
If a jury trial has been requested, jury trial fees must be posed prior to the Case Management Conference.
Page 3 | Setting of the Trial and Status Conferences
Courtesy Copy Requirements
Hard copies of trial readiness documents must be assembled in three-hole binders and delivered to the Court the day before the FSC.
In addition to the filing and service of the documents, hard copies of the documents must be assembled in three-hole binders and delivered to the Court the daybefore the FSC.
Page 4 | Trial Procedure
Counsel must prepare separate sets of trial exhibits for the Court, the opposing party(ies), the witness stand, and the Judicial Assistant.
Counsel must prepare a separate set of exhibits for the Court, the opposing party(parties), the witness stand, and the Judicial Assistant.
Page 5 | 2. JOINT EXHIBIT LIST AND EXHIBITS
No later than one day before the FSC, the moving party on each motion in limine must lodge directly in Dept. 517 an indexed, tabbed three-ring binder containing conformed copies of all moving, opposition, and reply papers.
No later than one day before the FSC, the moving party for each motion in limine must lodge directly in Dept. 517 an indexed and tabbed three-ring binder containing conformed copies of all moving, opposition, and reply papers.
Page 6 | MOTIONS IN LIMINE
Pre-Motion Conference Requirements
Counsel must meet and confer no later than 15 calendar days before each Case Management Conference to address the issues in CRC Rules 3.724 and 3.727.
Counsel are required to meet and confer by videoconference, telephone or in person no later than 15 calendar days before the date set for the initial and any succeeding Case Management Conference to consider each of the issues identified in CRC Rules 3.724 and 3.727.
Page 3 | Case Management
Trial counsel must meet by videoconference, telephone, or in person well before the FSC regarding joint trial readiness documents.
The Court requires trial counsel to meet by videoconference, telephone or in person well before the final status conference concerning the submission of joint trial readiness documents. LR 3.25 (g).
Page 4 | Trial Procedure
An informal discovery conference (IDC) is not required before filing a discovery motion; if requested and granted, the Court sets the IDC date.
It is not necessary to reserve a date for the IDC on CRS. If the Court grants the request for an IDC, the Court will set a date for the IDC. It is not necessary to request an IDC before filing a discovery motion.
Page 3 | Discovery Motions and Informal Discovery Conferences
Adjournment & Extension Requirements
A trial continuance at the further status conference requires a collective request by all sides, evident good cause, and available calendar time to adjust the trial date.
For a trial continuance to be given at a further status conference, there has to be a collective request by all sides for a continuance; it has to be evident to the Court that that there is good cause for a continuance; and there has to be time on the calendar at the further status conference to adjust the trial date.
Page 4 | Setting of the Trial and Status Conferences
Attorneys and parties are expected to grant reasonable requests for extensions of time to respond to pleadings, discovery, or other matters.
In that vein, the Court expects all attorneys and parties to grant reasonable requests for professional courtesies, such as requests for reasonable extensions of time for deadlines to respond to pleadings, discovery, or other matters.
Page 1 | Civility and Professionalism