Los Angeles Superior Court Document Filing Requirements

CRITICALCivil cases

Applies to

Joint posting

A joint posting is required even if one side contends that an IDC is premature or unnecessary.

Judge Cunningham requires the parties to make a joint posting even if one side contends that an IDC is premature or unnecessary.

CRITICALCivil cases

Applies to

PAGA settlement approval motion

A motion or application for PAGA settlement approval must establish the settlement is fair to the aggrieved employees, the LWDA, the employer, the plaintiff, and plaintiff's counsel, and a PAGA plaintiff may only release civil penalties recoverable for violations alleged in the original LWDA notice.

Court approval is required for "any proposed settlement of any civil action filed pursuant to" PAGA. (Labor Code § 2699(1)(2). To obtain court approval, the parties must demonstrate that the terms of the settlement are "fair to those affected." (Williams v. Superior Court (2017) 3 Ca.5th 531, 549.) A motion or application for approval must therefore establish the settlement is fair to the aggrieved employees, the LWDA, the employer, the plaintiff and plaintiff's counsel. A PAGA plaintiff can only release claims for civil penalties that the LWDA could have recovered for the violations alleged in the plaintiff's original notice to the LWDA.

CRITICALCivil cases

Applies to

Bulletin board posting

The Court requires the parties to make joint postings rather than unilateral postings on the bulletin boards because the Court cannot ethically receive ex parte communications from one side or the other. Even though both sides can view the bulletin board postings, unilateral postings are technically ex parte communications.

The Court requires the parties to make joint postings rather than unilateral postings on the bulletin boards because the Court cannot ethically receive ex parte communications from one side or the other. Even though both sides can view the bulletin board postings, unilateral postings are technically ex parte communications.

CRITICALCivil cases

Applies to

Joint exhibit list

Parties must prepare and file a joint exhibit list with columns identifying exhibits offered without objection or each party's evidentiary objections to admission.

The parties shall prepare and file a joint exhibit list that includes columns identifying each exhibit offered without objection or specifying each party's evidentiary objections to its admission.

CRITICALCivil cases

Applies to

Request to dismiss class claims

Requests to dismiss class claims must comply with CRC 3.770, including filing a declaration describing the consideration in detail.

Parties seeking to dismiss class claims must carefully follow Rule 3.770 which, among other things, requires a filed declaration describing the consideration "in detail."

CRITICALCivil cases

Applies to

Paga trial management plan

Plaintiffs must prepare a PAGA trial management plan, analogous to the class certification trial management plan.

The Court similarly requires plaintiffs to prepare a PAGA trial management plan.

CRITICALCivil cases

Applies to

Joint witness list

Parties must file a joint witness list identifying each witness and expert witness by name (excluding impeachment and rebuttal witnesses); calling an unlisted witness requires a showing of good cause.

The parties shall file a joint list of all witnesses that each party intends to call (excluding impeachment and rebuttal witnesses). Local Rule 3.25(i)(5). The joint witness list shall identify each witness by name, each expert witness, the expected ... any potential scheduling problems or special requirements. Any party who seeks to elicit testimony from a witness not identified on the joint witness list will have to make a showing of good cause.

CRITICALCivil cases

Applies to

Joint statement of case

In jury trials, parties must file a joint statement of the case to be read to the jury, or may alternatively agree to mini-opening statements of five minutes or less per side.

For jury trials only, the parties shall file a joint statement of the case to be read to the jury (Los Angeles County Court Rules, Rule ("Local Rule") 3.25(i)(4)). Alternatively, the parties may agree to provide Mini-Opening Statements (five minutes or less per side).

CRITICALCivil cases

Applies to

Opposition

Must include

caption

Opposition papers to motions in limine must identify in the caption the number of each motion being responded to.

Parties filing opposition papers shall identify, in the caption, the number of each motion to which it responds.

CRITICALCivil cases

Applies to

Joint isc statement

Upon assignment to Department 11, an ISC Order stays all proceedings and the parties must submit a joint ISC statement as directed in that Order.

As soon as a new case is assigned to Department 11, the Court issues an Initial Status Conference ('ISC") Order that stay all proceedings pending the parties' appearance at the ISC. The Parties must submit a joint ISC statement as directed in that Order.

CRITICALCivil cases

Applies to

Joint status conference statement

The Court requires the parties to file a joint statement outlining recent progress in the case five court days prior to every status conference.

The Court requires the parties to file a joint statement outlining recent progress in the case five court days prior to every status conference.

CRITICALCivil cases

Applies to

Application to file overlength memorandum

An application under CRC Rule 3.113(e) is required to obtain permission to file a memorandum longer than 15 pages (20 pages for summary adjudication motions).

Parties must file an application under Rule 3.113(e) to obtain permission to file a memorandum longer than 15 pages (20 pages for summary adjudication motions).

CRITICALCivil cases

Applies to

Proposed verdict form

Parties must jointly file a proposed general or special verdict form with interrogatories; if they cannot agree, each party must separately file a proposed verdict form.

The parties shall prepare and jointly file a proposed general or special verdict form with interrogatories. If the parties cannot agree on a joint verdict form, each party must separately file a proposed verdict form. Local Rule 3.25(i)(7) and (8).

CRITICALCivil cases

Applies to

Evidentiary objections

In summary judgment/adjudication filings, each evidentiary objection must be directed to a single objectionable sentence with specific identification of the statement and the basis, and the Court will overrule objections aimed at paragraphs or series of sentences.

Please carefully review and strictly comply with California Rules of Court Rule 3.1350. Please remember to address evidentiary objections to a single objectionable sentence using one of the formats set forth in CRC 3.1354 (requiring specific identification of each "objectionable statement" and the basis for each objection "to that statement"). The Court will overrule multiple objections directed to a paragraph or to a series of sentences because this formatting improperly delegates to the Court Counsel's obligation to specify which objection is made to each statement.

CRITICALCivil cases

Applies to

Motion for class certification

Any motion for class certification must attach, as an exhibit, a Duran-compliant class action trial management plan identifying witnesses, offers of proof, common proof, and treatment of affirmative defenses.

Before granting motions for class certification, Judge Cunningham requires the moving party to submit a class action trial management plan as described by the California Supreme Court in Duran v. U.S. Bank National Association (2014) 59 C. 4th 1 and its progeny. The trial management plan should identify witnesses and make specific offers of proof on each element of each cause of action and the damages to be tried. It should identify matters of common proof and address presentation of evidence for relevant affirmative defenses whether or not the defenses turn on individualized issues. Please attached the trial management plan as an exhibit to any motion for class certification.

CRITICALCivil cases

Applies to

Motion in limine

Must include

caption

Each motion in limine caption must concisely identify the subject of the motion and designate the specific evidence sought to be precluded.

The caption of each motion in limine shall concisely identify the subject of the motion and designate the specific evidence sought to be precluded.

CRITICALCivil cases

Applies to

Trial readiness documents

Before the TRC, the parties must meet and confer to jointly prepare the Trial Readiness Documents and work toward stipulations on ultimate facts, legal issues, motions in limine, and exhibit authenticity/admissibility.

In preparation for the TRC, the parties shall meet and confer and jointly prepare the Trial Readiness Documents to be filed and lodged with the court. The parties shall also work to reach stipulations to ultimate facts, legal issues, motions in limine and the authenticity/admissibility of exhibits.

CRITICALCivil cases

Applies to

Trial brief

Each party must file a trial brief succinctly identifying the claims and defenses, the major legal issues with supporting points and authorities, the relief claimed and damages calculation, and any other information assisting the Court at trial.

Each party shall file a trial brief succinctly identifying: i) the claims and defenses subject to litigation; ii) the major legal issues (with supporting points and authorities); iii) the relief claimed and calculation of damages sought; and iv) any other information that may assist the Court at trial.

CRITICALCivil cases

Applies to

Proposed jury instructions

Parties must jointly prepare and file a list of jury instructions and a complete set of full-text proposed instructions, editing CACI instructions to insert party names and remove blanks and irrelevant material.

The parties shall jointly prepare and file a list of jury instructions and a complete set of full-text proposed jury instructions, editing all CACI instructions to insert party names, remove blanks and remove irrelevant material.

CRITICAL

Applies to

Ex parte application

Ex parte applications must comply with California Rules of Court, rules 3.1203 and 3.1204.

Counsel and self-represented litigants must comply with California Rules of Court, rule 3.1203. Please carefully review California Rules of Court, rule 3.1204 regarding “notice.”

CRITICALCivil cases

Applies to

Joint witness list

The parties must file a signed joint witness list (excluding impeachment and rebuttal witnesses) identifying each witness by name, expert status, estimated examination times, total testimony hours, and any scheduling issues or special requirements.

Joint Witness List - The parties shall work together and file a joint list of all witnesses that each party intends to call, excluding impeachment and rebuttal witnesses. The joint witness list shall identify each witness by name, specify which witnesses are experts, estimate the length of direct examination, cross-examination, and re-direct examination of each, and include a total of the number of hours for all witness testimony. The parties shall identify all potential witness scheduling issues and special requirements. The parties/counsel shall sign the joint witness list.

CRITICALCivil cases

Applies to

Joint exhibit list

The parties must meet and confer and then file a signed joint exhibit list with columns for the exhibit, offering party, stipulations or objections to authenticity/admissibility, and identification and admission dates.

Joint Exhibit List - The parties shall prepare and file a joint exhibit list organized with columns identifying: (1) the exhibit, (2) which party is offering the exhibit, (3) whether there is a stipulation to authenticity and/or admissibility of the exhibit, (4) the date on which the exhibit was identified, and (5) the date on which the exhibit was admitted. Prior to filing the joint exhibit list, the parties shall meet-and-confer to determine whether they will stipulate to the authenticity and/or admissibility of each exhibit or whether there are objections to any exhibit. If there are stipulations, the parties shall note that in the respective column. If not, the objecting party shall specify all objections in the respective column. The parties/counsel shall sign the joint exhibit list.

CRITICALCivil cases

Applies to

Jury instructions

The parties must prepare a complete set of full-text proposed jury instructions, with special instructions formatted for submission to the jury containing only the instruction number, title, and text.

Jury Instructions (Joint and Contested) - The parties shall prepare a complete set of full-text proposed jury instructions. The parties shall prepare special instructions in a format ready for submission to the jury with the instruction number, title, and text only.

CRITICALCivil cases

Applies to

Trial brief

Each party's trial brief must succinctly identify the claims and defenses, major legal issues with supporting authorities, relief claimed and damages calculation, and any other trial-assisting information.

Trial Briefs - Each party shall file a trial brief succinctly identifying: (1) the claims and defenses subject to litigation, (2) the major legal issues (with supporting points and authorities), (3) the relief claimed and the calculation of damages sought, and (4) any other information that may assist the Court at trial.

CRITICALCivil cases

Applies to

Deposition designation chart

If deposition or former testimony will be used in lieu of live testimony, the parties must meet and confer and file a signed chart of page/line designations, objections, counter-designations, responses, and the Court's rulings.

Page and Line Designations for Deposition and Former Testimony-If the parties intend to use deposition testimony or former trial testimony in lieu of any witness's live testimony, the parties shall meet-and-confer and jointly prepare and file a chart with columns for each of the following: (1) the page and line designations of the deposition or former testimony requested for use, (2) objections, (3) counter-designations, (4) any responses thereto, and (5) the Court's rulings. The objecting party shall specify all objections in the respective column. The parties/counsel shall sign the designations.

CRITICALCivil cases

Applies to

Joint list of proposed jury instructions

The parties must jointly file a signed list of proposed jury instructions in numerical order identifying agreed and contested instructions, with a space by each instruction for the Court to indicate whether it was given.

Joint List of Proposed Jury Instructions -The parties shall jointly prepare and file a list of proposed jury instructions, organized in numerical order, specifying the instructions upon which all sides agree and the contested instructions, if any. The list of proposed jury instructions must include a space by each instruction for the Court to indicate whether the instruction was given. The parties/counsel shall sign the joint list of proposed jury instructions.

CRITICALCivil cases

Applies to

Motions in limine binder

The motions in limine binder must include a table of contents identifying each motion, opposition, and reply with its corresponding tab.

The binder also must contain a table of contents identifying each motion in limine, opposition, and reply, and the corresponding tab for each.

CRITICALCivil cases

Applies to

Verdict form

The parties must file a joint proposed general or special verdict form; if they cannot agree, each party must separately file a proposed verdict form.

Joint Verdict Forms -The parties shall prepare and file a joint proposed general verdict form or special verdict form (with interrogatories). If the parties cannot agree on a joint verdict form, each party must separately file a proposed verdict form.

CRITICALCivil cases

Applies to

Stipulation requesting idc

A stipulation requesting an informal discovery conference must include a brief joint report describing the dispute, the necessity for the discovery, the justification for nonproduction, the status of discovery, and any dispositive issues.

If the parties cannot resolve the issue, they may request an IDC by filing a stipulation. The stipulation shall include a brief joint report that succinctly sets forth the nature of the dispute, the necessity for the discovery, the justification for its nonproduction, and the overall status of discovery, as well as any dispositive issues.

CRITICALCivil cases

Applies to

Joint statement of case

In jury trials, the parties must prepare and sign a joint written statement of the case for the Court to read to the jury.

Joint Statement - For jury trials, the parties shall prepare a joint written statement of the case for the Court to read to the jury. The parties/counsel shall sign the joint statement.

CRITICALCivil cases

Applies to

Ex parte application

Ex parte applications are reserved for exigent circumstances and must include a declaration with an affirmative factual showing of irreparable harm, immediate danger, or another statutory basis for ex parte relief.

Ex parte applications are reserved for exigent circumstances. The applicant shall comply with Cal. Rules of Court, rule 3.1202(c): "An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte."

CRITICALCivil cases

Applies to

Joint trial binder

Counsel must provide a joint trial binder to the Court at the FSC organized with the mandated Tabs A through J.

Counsel must provide a joint trial binder for the Court at the FSC. The trial binder shall be organized as follows: Tab A: Trial Briefs Tab B: Blank Tab C: Joint Statement of the case Tab D: Joint Witness List Tab E: Joint List of Jury Instructions Tab F: Joint and Contested Jury Instructions Tab G: Joint and/or Contested Verdict Forms Tab H: Joint Exhibit List Tab I: Page and Line Designations for Deposition and Former Testimony Tab J: Stipulations

CRITICALCivil cases

Applies to

Ex parte application

Must include

proposed order

Ex parte applicants must submit a proposed order and pay the filing fee before appearing in court.

Applicants must comply with California Rules of Court, rule 3.1200, et seq., submit a proposed order, and pay the filing fee before appearing in court.

CRITICALCivil cases

Applies to

Motion in limine

The caption of each motion in limine must concisely identify the evidence the moving party seeks to admit or exclude.

Motions in Limine - The caption of each motion in limine shall concisely identify the evidence that the moving party seeks to admit or exclude.

CRITICALCivil cases

Applies to

Trial time estimate

Counsel must provide reasonable trial time estimates and be familiar with Local Rule 3.25(h).

Counsel must provide the court with reasonable time estimates and be familiar with Local Rule 3.25(h) regarding trial time estimate.

CRITICALCivil cases

Applies to

Jury instructions

Parties must submit a joint set of agreed jury instructions plus each side's objected-to instructions, with blanks filled in and modifications made before delivery.

A joint set of agreed upon instructions and a set of instructions from each side to which there are objections shall be submitted. Before delivery of instructions, counsel shall fill in the blanks and make all modifications.

CRITICALCivil cases

Applies to

Long cause trial package

Long Cause Trial Package must include reasonable trial time estimates complying with Local Rule 3.25(h).

The parties are to meet and confer and submit a Long Cause Trial Package to the Court. TRIAL TIME ESTIMATE: Counsel must provide the court with reasonable time estimates and be familiar with Local Rule 3.25(h) regarding trial time estimate.

CRITICALCivil cases

Applies to

Proposed verdict forms

The parties must meet and confer and file proposed general or special verdict forms.

The parties are to meet and confer and file any proposed general or special verdicts.

CRITICALCivil cases

Applies to

Long cause trial package

The parties must meet and confer and submit a Long Cause Trial Package to the Court.

The parties are to meet and confer and submit a Long Cause Trial Package to the Court.

CRITICALCivil cases

Applies to

Joint witness list

Parties must submit an updated joint witness list by the final status conference.

Parties are to submit an updated joint list of all witnesses that each party intends to call by the final status conference.

CRITICAL

Applies to

Exhibit binder

The exhibit list must be included in the exhibit binders.

The exhibit list must be included in the binders.

CRITICAL

Applies to

Statement of the case

Counsel must meet and confer to prepare a joint, short, non-argumentative Statement of the Case suitable to be read to the jury and lodge it five court days before the FSC.

Counsel shall meet and confer to prepare a JOINT short, non-argumentative written statement of the case suitable to be read to the jury and shall lodge the Statement of the Case five (5) court days prior to the FSC. (See SCLAC Rules 3.25(g)(4); 3.73)

CRITICAL

Applies to

Trial brief

Trial briefs are mandatory in all cases and must include ten specified elements, including description of claims and defenses, stipulated facts, contested issues of fact and law, relief and damages breakdown, and opening statement time estimates.

Trial briefs are mandatory in all cases and shall include: 1. A brief description of the claims and defenses presented and the issues to be decided. 2. Statement of ultimate facts or issues to which you will stipulate. 3. Those facts established by admissions in pleadings, by discovery and/or stipulation by counsel. 4. All contested issues of fact. 5. All contested issues of law, together with points and authorities supporting the party’s position. 6. A list of major evidentiary issues anticipated and points and authorities in support of the party’s position. 7. A detailed statement of the relief claimed including a breakdown of the elements of damages claimed. 8. Any other information that will assist the Court. 9. Time estimate of opening statement. 10. Confirm whether the party and/or counsel intends to make a mini opening statement (applies only to jury trials).

CRITICAL

Applies to

Motion in limine

Motions in limine seeking to preclude inadmissible or prejudicial matter in the jury's presence must be accompanied by a declaration complying with LACCR Rule 3.57(a).

Each motion in limine for the purpose of precluding the mention or display of inadmissible and prejudicial matter in the presence of the jury shall be accompanied by a declaration in compliance with the requirements of Rule 3.57(a) of the LACCR.

CRITICAL

Applies to

Ex parte application

Must include

proposed order

Every ex parte application must include a proposed order submitted separately from the application.

All ex parte applications require a proposed order, which shall be submitted separate from the ex parte application.