Los Angeles Superior Court Document Filing Requirements

CRITICALCivil cases

Applies to

Motion to compel discovery

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)).

CRITICALCivil cases

Applies to

Pleading

Must include

caption

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:

CRITICALCivil cases

Applies to

Cumulative case list

Must include

case number

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.

CRITICALCivil cases

Applies to

Plaintiff authorizations

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 YN Defendant to obtain Plaintiffs medical, employment, social security, Medicare, disability insurance, unemployment insurance, and workers' compensation EAMS records.

CRITICALCivil cases

Applies to

Notice of redacted records

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.

CRITICALCivil cases

Applies to

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;

CRITICALCivil cases

Applies to

Defendant preliminary fact sheet

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.

CRITICALCivil cases

Applies to

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.

CRITICALCivil cases

Applies to

Discovery responses

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 DA 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 ~T verification to co discovery responses.

CRITICALCivil cases

Applies to

Proposed jury instructions

Proposed jury instructions must include an index in column format showing instruction number, title, requesting party, stipulated/contested status, basis of any objection, and a court ruling column left blank.

1. An index of proposed jury instructions which shall include in column format: a. Jury instruction number (listed in numeric order) b. Title of jury instruction c. Party requesting the jury instruction d. Whether instruction is stipulated or contested e. Basis of any objection f. Court ruling on instruction (to be left blank)

CRITICALCivil cases

Applies to

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;

CRITICALCivil cases

Applies to

Sealed filing envelope

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.”

CRITICALCivil cases

Applies to

Notice of petition for coordination of add on case

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.

CRITICALCivil cases

Applies to

Inadvertent production notice

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”).

CRITICALCivil cases

Applies to

Expert acknowledgment

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.

CRITICALCivil cases

Applies to

Pleading

Must include

case number

Pleadings must identify the JCCP Coordination Proceeding No. 5378.

identify the JCCP Coordination Proceeding No. 5378;

CRITICALCivil cases

Applies to

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;

CRITICALCivil cases

Applies to

Pretrial trial binder

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

CRITICALCivil cases

Applies to

Designation objections

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”).

CRITICALCivil cases

Applies to

Complaint

Must include

certificate of service

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.

CRITICALCivil cases

Applies to

Pleading

Must include

caption

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;

CRITICALCivil cases

Applies to

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.

CRITICALCivil cases

Applies to

Notice of appearance

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

CRITICALCivil cases

Applies to

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;

CRITICALCivil cases

Applies to

Document production

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.

CRITICALCivil cases

Applies to

Deposition designation

Parties must prioritize deposition and former testimony designations into three tiers for submission to the court for admissibility rulings.

Parties intending to introduce deposition and/or former testimony into evidence at trial shall prioritize their deposition and former testimony designations into three tiers for submission to the court for ruling on admissibility.

CRITICALCivil cases

Applies to

Pleading

Must include

case number

Pleadings must identify the lowest numbered JCCP case number, 21STCV06984.

identify the lowest numbered JCCP Case Number (21STCV06984);

CRITICALCivil cases

Applies to

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

CRITICALCivil cases

Applies to

Petition for coordination add on cases

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

CRITICALCivil cases

Applies to

Pleading

Pleadings must identify the hearing date, time, and department.

identify the hearing date, time, and the department.

CRITICALCivil cases

Applies to

Destruction notice

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.

CRITICALCivil cases

Applies to

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.

CRITICALCivil cases

Applies to

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;

CRITICALCivil cases

Applies to

Caption page

Must include

caption, case number

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.

CRITICALCivil cases

Applies to

Document served via fsx

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.

CRITICALCivil cases

Applies to

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.

CRITICAL

Applies to

Motions in limine binder

If more than five motions in limine were collectively filed, the first volume of the Motions in Limine Binder must include a joint table of motions listing motion numbers, descriptions of evidence to be excluded, opposition status, and a blank column for the court.

If more than five motions in limine have been collectively filed by the parties, the parties are required to include at the front of the first volume of the Motions in Limine Binder a joint table of motions in limine filed with columns listing the moving party/motion number (i.e. mil m/2, n#3, !J.#1, !J.#2, !J.#3, etc.), a brief description of the evidence sought to be excluded, whether the motion is opposed in full or in part, and a blank column for the court's use.

CRITICAL

Applies to

Jury instructions

Proposed jury instructions must be grouped behind Tab F in order (labeled by cover sheets): agreed-upon instructions, plaintiff's requested instructions objected to by defendant, and defendant's requested instructions objected to by plaintiff.

The parties shall organize proposed jury instructions into groups behind Tab F in the following order (labeled by cover sheets): (1) the agreed-upon instructions, (2) plaintiffs requested instructions to which defendant objects, and (3) defendant's requested instructions to which plaintiff objects.

CRITICAL

Applies to

Joint chart deposition designations

Parties may not designate an entire deposition transcript under a single entry in the joint chart.

A party may not collectively designate an entire deposition transcript under one entry, as a record is required for the court's rulings on any evidentiary objections.

CRITICAL

Applies to

Joint exhibit list

The parties, including self-represented parties, must jointly prepare and file a joint exhibit list stating eight required items for each trial exhibit, per Local Rule 3.25(g)(6).

The parties' counsel and any self-represented parties shall work together to prepare and file a joint exhibit list organized with columns (in the format set forth below) which state, as to each exhibit any party intends to offer at trial: (1) the exhibit number, (2) a brief description of the exhibit, (3) which party is offering the exhibit, (4) whether the parties have stipulated to authentication of the exhibit, (5) whether the parties have stipulated to admissibility of the exhibit, (6) any evidentiary objections to admission of the exhibit with reference to the applicable evidence code section(s) or other legal authority, (7) the date the exhibit was marked for identification, and (8) the date the exhibit was admitted into evidence. (Local Rule 3.25, subd. (g)(6).)

CRITICAL

Applies to

Joint list of proposed jury instructions

For jury trials, the parties must jointly prepare and file a joint list of proposed jury instructions stating six required items for each proposed instruction.

For jury trials, the parties' counsel and any self-represented parties shall work together to prepare and file a joint list of proposed jury instructions (in the format set forth below) which states, as to each proposed jury instruction: (I) the jury instruction number (listed in numerical order), (2) the title of the jury instruction, (3) the party/parties requesting the jury instruction, (4) whether the jury instruction is agreed upon or contested, (5) a concise statement of any objection, and (6) whether the jury instruction was given by the court

CRITICAL

Applies to

Joint witness list

The joint witness list must state the grand total of estimated testimony times for all witnesses in the last column.

At the end of the joint witness list, the parties and any self-represented parties shall add up the estimated times for all witnesses' testimony and state the grand total in the last column.

CRITICAL

Applies to

Motion in limine

Must include

caption

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

The caption of each motion in limine shall concisely identify the evidence that the moving party seeks to exclude.

CRITICAL

Applies to

Proposed verdict form

If the parties cannot agree on a joint verdict form after meet and confer, each party must separately file a proposed verdict form and bring an electronic Word copy to the FSC ready to be edited in the courtroom.

If after exhaustive meet and confer efforts the parties carmot agree on a joint verdict form, each party must separately file a proposed verdict form, and bring an electronic copy of their proposed verdict form in Word to the FSC, ready to be edited in the courtroom.

CRITICAL

Applies to

Powerpoint slides

A copy of the PowerPoint slides must be lodged with the court.

A copy of the slides must be lodged with the court.

CRITICAL

Applies to

Trial brief

Each trial brief must identify the disputed claims and defenses, major legal issues with supporting authorities, relief and damages calculation, and any other information assisting the court at trial.

Each party is required to file a trial brief not to exceed 15 pages succinctly identifying: (I) the claims and defenses that remain in dispute for trial; (2) the major legal issues (with supporting points and authorities); (3) the relief and calculation of any damages sought; and (4) any other information that may assist the court at trial.

CRITICAL

Applies to

Proposed jury instructions

For jury trials, the parties must jointly prepare a complete set of full-text proposed jury instructions using edited CACI instructions with party names inserted and blanks or irrelevant material removed.

For jury trials, the parties' counsel and any self-represented parties shall work together to prepare a complete set of full-text proposed jury instructions, editing all proposed Judicial Council of California Civil Jury Instructions ("CACI") instructions, inserting party names, and eliminating blanks and other irrelevant or inapplicable material.

CRITICAL

Applies to

Ex parte application

Ex parte applications must comply with California Rules of Court, rules 3.1200-3.1207.

Ex parte applications must comply with the requirements of California Rules of Court, rules 3.1200-3.1207.

CRITICAL

Applies to

Exhibit list

For recordings on a flash drive, the Exhibit List must state whether it contains an audio file and the submitting party must confirm a transcript of the audio was filed with the flash drive when the exhibit is offered (CRC Rule 2.1040).

If the flash drive contains a recording, the description on the Exhibit List must state whether it contains an audio file, and the submitting party must confinn that a transcript of the audio has been filed with the flash drive at the time the exhibit is offered to the court. [CRC, Rule 2.1040],

CRITICAL

Applies to

Joint witness list

Witnesses not identified on the joint witness list may be excluded from testifying except for impeachment or rebuttal, and calling an unlisted witness requires a prior showing of good cause.

Any witness who is not included on the joint witness list is subject to being excluded from testifying at trial other than for purposes of giving actual impeachment or rebuttal testimony. Any party who seeks to elicit testimony from a witness not identified on the witness list must first make a showing of good cause to the court.