Los Angeles Superior Court Document Filing Requirements

CRITICAL

Applies to

Witness designation chart

The parties shall cooperate in preparing a chart for each witness that includes a column for each of the following: (1) the proponent's designations by page and line; (2) counter-designations by other parties; (3) objections to specific language included in the designations; and (4) a blank column for the Court's rulings.

The parties shall cooperate in preparing a chart for each witness that includes a column for each of the following: (1) the proponent's designations by page and line; (2) counter-designations by other parties; (3) objections to specific language included in the designations; and (4) a blank column for the Court's rulings.

CRITICAL

Applies to

Trial brief

Trial briefs must describe the claims, defenses, relief sought, evidentiary disputes, and all trial issues (with supporting authorities for novel issues of law) and must be signed, filed with the Court, and served on all parties.

These briefs should include a description of the claims, defenses, relief sought, evidentiary disputes, and all issues to be decided at trial along with a discussion of any novel or unusual issues of law, with citations to supporting authorities. The briefs must be signed, filed with the Court and served on all parties.

CRITICAL

Applies to

Exhibit list

The joint exhibit list must be prepared in chart format, signed by all parties, and filed with the Court.

Exhibit List must be prepared jointly by the parties. It should be prepared in chart format with each exhibit identified by title and its assigned exhibit number. Additional columns should indicate whether the exhibit will be admitted by stipulation, authenticated by stipulation, or challenged with objections, which shall be set forth in a column for objections. A final column should be included on the right for the Court's notation of whether the exhibit was admitted at trial. The joint exhibit list must be signed by all parties and filed the Court.

CRITICAL

Applies to

Statement of the case

For jury trials, the parties must jointly prepare a short, non-argumentative Statement of the Case, signed by all parties and filed with the Court.

Statement of the Case must be prepared jointly by the parties for use in any jury trial. It should be a short, non-argumentative written statement of the case to be read to the jury. It must be signed by all parties and filed with the Court.

CRITICAL

Applies to

Witness list

The parties must jointly prepare a witness list including witness names, descriptions of proposed testimony (lay or expert), direct and cross-examination time estimates, and interpreter needs, signed by all parties and filed with the Court.

Witness List must be prepared jointly by the parties. The list must include all witnesses' names, a brief description of the proposed testimony, including whether it will be lay testimony or expert opinion, time estimates for direct and cross examination, and whether the witness will be assisted by an interpreter. The joint witness list must be signed by all parties and filed the Court.

CRITICAL

Applies to

Case management statement

Parties and counsel must submit Case Management Statements in advance of the CMC as required by California Rules of Court Rule 3.725.

The parties and their counsel must comply with (a) Rule 3.725 of the California Rules of Court, which requires them to submit Case Management Statements in advance, and (b) Rule 3.724, which requires them to meet and confer—in person or by telephone, not by email— and specifically consider each of the items in Rule 3.727 and in Rule 3.724(1)-(9). The court takes this obligation seriously.

CRITICAL

Applies to

Joint daily summary of testimony

In trials without a court reporter, the parties must compile a joint daily summary of testimony.

For trials in which there is no court reporter, the Court requires that the parties compile a joint daily summary of testimony.

CRITICAL

Applies to

Proposed jury instructions list

The joint list of proposed jury instructions must be in chart format identifying proponents and opponents of each instruction, signed by all parties, and filed with the Court.

List of Proposed Jury Instructions must be prepared jointly by the parties. It should be prepared in chart format and include all CACI and special jury instructions that are jointly proposed by the parties as well as those that are proposed by only some of the parties but opposed by another party. A column in the chart must indicate the proponent(s) and opponent(s) of each proposed instruction. A final column should be included on the right for the Court's notation of whether the instruction was given at trial. The joint list of jury instructions must be signed by all parties and filed the Court.

CRITICAL

Applies to

Idc statement

The IDC statement must include a short case description, the discovery dispute and requests/objections/answers at issue, informal resolution attempts, and legal authority, and is generally the only document the Court reads in preparation for the IDC.

The IDC statement should include (a) a short description of the case, (b) a description of the discovery dispute including a list or summary of the discovery requests, objections, and/or answers at issue, (c) a description of the parties' informal attempts to resolve the dispute, and (d) any legal authority the Court should consider. Generally, the IDC statement is the only document the Court will read in preparation for the IDC.

CRITICAL

Applies to

Final jury instructions

Once instructions are finalized, the parties must submit a full set of all instructions given at trial without titles or numbers for use during jury deliberations.

When the instructions are finalized, the parties are to submit a full set of all instructions given at trial without any titles or number so these instructions can be presented to the jury to be used during deliberations.

CRITICAL

Applies to

Verdict form

Verdict forms must be jointly prepared (or separately proposed if pending rulings may affect format), and each proposed form must be signed, filed with the Court, and served on the other parties.

Verdict Forms must be jointly prepared by the parties. If rulings on evidentiary issues or pre-trial motions may impact on the proper format for the verdict forms, the parties may each submit their own proposed verdict forms. Each proposed verdict form must be signed by the party or counsel proposing it, filed with the Court and served on the other parties.

CRITICAL

Applies to

Motion in limine

Each party's motions in limine must be numbered sequentially (e.g., Plaintiff's Motion in Limine No. 1, et seq.; Defendant's Motion in Limine No. 1, et seq.).

Each party's motions in limine must be labeled sequentially, i.e., Plaintiff's Motion in Limine No. 1, et seq., and Defendant's Motion in Limine No. 1, et seq.

CRITICAL

Applies to

Joint brief

A joint brief must be filed that summarizes the discovery dispute(s) at issue so the Court understands each side's position and the remaining discovery issues.

Third, a joint brief – less than five-pages in length that summarizes the discovery dispute(s) at issue – shall be filed and provided to the Court at least two court days prior to the hearing. The purpose of this short summary is to provide the Court with an understanding of each sides' position and to identify the remaining discovery issues.

CRITICAL

Applies to

Powerpoint slides

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

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

CRITICAL

Applies to

Declaration

Declarations regarding unserved defendants must explain the efforts undertaken to serve the complaint on all defendants.

If all defendants have not been served, plaintiff or plaintiff’s counsel must submit a declaration to the court five (5) days prior to the hearing explaining what efforts have been undertaken to accomplish service.

CRITICAL

Applies to

Trial brief

Trial briefs are required for court trials (filed 5 court days before FSC) and optional for jury trials.

Trial briefs are not required in jury trials but can be useful to the Court. They are required in court trials and must be filed at least five (5) court days before the FSC.

CRITICAL

Applies to

Witness list

Each morning of trial, counsel must give the Court Attendant a written list of that day's witnesses with full correctly-spelled names and the order of testimony.

Each morning counsel must provide the Court Attendant with a written list of witnesses to be called that day including their full names with correct spellings and the order in which they will be called.

CRITICAL

Applies to

Joint exhibit list

Counsel must confer before filing the joint exhibit list to resolve foundation and admissibility objections with stipulations where feasible, and submission of the list does not waive any objections.

confer prior to filing of the Joint Exhibit List in an effort to resolve any objections as to the foundation and admissibility of exhibits, with stipulations as to foundation and admissibility where feasible. Submission of the joint exhibit list shall not be deemed a waiver of any objection to the admission into evidence at trial of any exhibit on the list.

CRITICAL

Applies to

Joint witness list

Absent good cause, total estimated testimony time may not exceed the trial estimate given at the case management conference (e.g., a 5-day trial estimate allows no more than 3 days of testimony).

Absent good cause, the total number of hours listed for testimony should not exceed the trial estimate given at the case management conference, including the allocation of 1 day for jury selection and motions in limine and 1 day for deliberations. For example, a 5-day trial estimate means no more than 3 days of testimony.

CRITICAL

Applies to

Trial documents

Parties must file operative pleadings, joint witness list, joint exhibit list, and trial briefs in court trials, with plaintiffs responsible for filing joint documents unless the parties agree otherwise.

The parties shall file the operative pleadings, joint witness list, joint exhibit list and trial briefs for a court trial. Plaintiff(s) shall be responsible for filing joint documents unless the parties agree otherwise.

CRITICAL

Applies to

Jury instructions

Joint proposed CACI jury instructions must be filed with headings and all information completed, no remaining brackets or blanks, no tear sheets, and no disposition box on individual instruction pages.

The parties shall file a joint set of proposed agreed and not agreed CACI jury instructions with headings and all information filled in (e.g., singular or plural, gender, etc.), and no remaining brackets or blanks. See, LASCR 3.25(g)(7). Do not use tear sheets for the instructions and do not include the disposition box on the page of the individual instruction.

CRITICAL

Applies to

Stipulation

Stipulations regarding ultimate facts, issues, and admissibility of exhibits must be filed and executed no later than the time of filing trial documents.

Counsel shall file and execute stipulations, if any, regarding ultimate facts and issues and the admissibility of exhibits (i.e. foundation and/or authentication) on or before the time of filing trial documents.

CRITICAL

Applies to

Joint witness list

Witnesses not listed on the joint witness list will be excluded from testifying or limited to impeachment or rebuttal only.

Any person who is not listed on the joint witness list shall be either excluded from testifying or his or her testimony shall be limited to only impeachment or rebuttal.

CRITICAL

Applies to

Disputed jury instructions

Instructions as to which there are disagreements should be provided in separate sets. However, disputed jury instructions may be filed only if counsel have met and conferred.

Instructions as to which there are disagreements should be provided in separate sets. However, disputed jury instructions may be filed only if counsel have met and conferred.

CRITICAL

Applies to

Revised exhibit list

At the end of trial, counsel must lodge a revised exhibit list reflecting only admitted exhibits, which will be provided to the jury during deliberations.

At the end of the trial, counsel will be required to prepare and lodge with the court a revised exhibit list that reflects only those exhibits that have been admitted.

CRITICAL

Applies to

Joint summary of testimony

If no court reporter is present, counsel must jointly provide the court a daily summary of the testimony and evidence admitted by the morning following the testimony.

If the parties do not have a court reporter, counsel will be required to provide the court with a joint summary of the testimony and evidence admitted on a daily basis by the morning following the testimony.

CRITICAL

Applies to

Deposition transcript

Copies of deposition transcripts or other discovery responses must be lodged with the Court before trial.

Before trial, copies of deposition transcripts or other discovery responses shall be lodged with the Court. (LASCR 3.56)

CRITICAL

Applies to

Powerpoint slides

Counsel intending to use PowerPoint must inform the Court at the FSC and share a copy of the slides with opposing counsel before the presentation.

If counsel intends to use PowerPoint, the Court shall be informed at the FSC and a copy of the slides must be shared with opposing counsel prior to the presentation.

CRITICAL

Applies to

Joint witness list

The joint witness list must list all witnesses once, with columns for estimated direct, cross, and redirect time, a bottom-line total time estimate, and designation of each witness as percipient or expert with area of expertise.

The parties shall list all witnesses, with realistic estimates for direct and cross-examination on one list. See, LASCR 3.25(g)(5). Do not repeat the name of a witness who will be called by more than one party. The witness list should have columns that indicate for each witness the total time expected for direct, cross, and redirect testimony. At the bottom of the list, provide the total the time estimated for all testimony. Make realistic time estimates. The list should specify if the witness is percipient or expert (with area of expertise).

CRITICAL

Applies to

Motion in limine

Motions in limine must comply with LASC Rule 3.57.

MILs must comply with LASC Rule 3.57.

CRITICALCivil cases

Applies to

Joint deposition chart

Parties must file a joint deposition chart, arranged witness by witness, with page/line designations, offering party(s), and stated (unargued) objections, including rebuttal deposition testimony.

3. Deposition Chart. A JOINT chart setting forth all deposition testimony that any party intends to offer, arranged witness by witness. Each entry will include: (1) a specific page and line designation of the testimony to be offered; (2) the name of the party or parties intending to offer the testimony; and (3) any objections to that testimony (and the party making the objection). Do not argue the objection or respond to it. Note that this chart must include "rebuttal" deposition testimony—that is, testimony that a party intends to offer to rebut other deposition testimony.

CRITICALCivil cases

Applies to

Witness list

Parties must file a joint witness list with specified details for each witness.

1. Witness List. The parties must file a JOINT witness list. The list shall include the name of each witness to be called. For each witness on the list, please include: (1) the witness’s name; (2) a 1-10 word description of who the witness is; (3) the party (or parties) that intend to call the witness (including any party intending to call the witness adversely); (4) a good faith estimate of the amount of time each party intends to spend examining the witness (to be provided by each party—no one is to challenge another party’s estimate).

CRITICALCivil cases

Applies to

Proposed jury instructions

Parties must submit proposed jury instructions organized per the operative rules in the appropriate format, and are strongly encouraged (not required) to meet and confer to maximize stipulated instructions.

2. Proposed Jury Instructions. Make sure to organize the proposed instructions as set forth in the operative rules and to submit them in the appropriate format. The parties are STRONGLY encouraged to meet and confer to maximize the number of stipulated instructions.

CRITICALCivil cases

Applies to

Deposition transcript

All deposition transcripts must be lodged with the Court.

Transcripts of all depositions must be lodged with the Court.

CRITICALCivil cases

Applies to

Joint exhibit list

Parties must file a joint exhibit list with unique exhibit numbers, non-argumentative descriptions, the proffering party, and authenticity stipulation status.

2. Exhibit List. The parties must file a JOINT list. The exhibit list must include: (1) a unique exhibit number (the parties are to meet and confer so as to eliminate duplicate exhibits); (2) a brief and non-argumentative description of the exhibit (e.g. "1/5/20 email from plaintiff to defendant regarding the property"); (3) the identity of the party or parties proffering the exhibit; (4) whether the parties have stipulated as to authenticity

CRITICALCivil cases

Applies to

Joint statement of the case

1. Short Statement of the Case. This should be a JOINT submission that explains the case in one or two non-argumentative paragraphs that can be read to the jury or the venire.

1. Short Statement of the Case. This should be a JOINT submission that explains the case in one or two non-argumentative paragraphs that can be read to the jury or the venire.

CRITICALCivil cases

Applies to

Joint statement unusual issues

Parties must file a joint statement of unusual issues before trial, including any special technology to be used and whether a technology person will need to be present.

5. A JOINT statement of any unusual issues of which the Court should be aware before trial. In addition, this statement should set forth any special technology that will be used at trial and whether a technology person will need to be present.

CRITICALCivil cases

Applies to

Deposition transcripts

Transcripts of all depositions must be lodged with the Court.

Transcripts of all depositions must be lodged with the Court.

CRITICALCivil cases

Applies to

Joint statement unusual issues

Parties must file a joint statement of unusual issues and trial technology plans.

5. A JOINT statement of any unusual issues of which the Court should be aware before trial. In addition, this statement should set forth any special technology that will be used at trial and whether a technology person will need to be present. The Court notes that there will not be room for such a person at counsel table during Covid-19.

CRITICALCivil cases

Applies to

Exhibit list

Parties must file a joint exhibit list with specified details, excluding impeachment exhibits.

2. Exhibit List. The parties must file a JOINT list. The exhibit list must include: (1) a unique exhibit number (the parties are to meet and confer so as to eliminate duplicate exhibits); (2) a brief and non-argumentative description of the exhibit (e.g. “1/5/20 email from plaintiff to defendant regarding the property”); (3) the identity of the party or parties proffering the exhibit; (4) whether the parties have stipulated as to authenticity (the Court STRONGLY encourages the parties to stipulate as to authenticity unless there is a good faith reason to believe that the exhibit is not to the exhibit’s admission into evidence if offered on any other ground and if so, the specific objection and the party making the objection (a lack of objection does NOT mean that the exhibit is in evidence; it means that if a party offers the exhibit at trial it will be admitted without objection). The exhibit list need not contain exhibits that are truly to be used only for impeachment. There should be no argument or response to an objection; the Court only requires the objection to be stated so that everyone knows what it is.

CRITICALCivil cases

Applies to

Settled statement proposal

Must include

certificate of conference

Settled statement proposals must be accompanied by a declaration attesting that the parties met and conferred in good faith for at least three hours on the day of trial (unnecessary if a court reporter is present).

These proposals will be accompanied by a declaration stating that the parties have met and conferred in good faith for no less than three hours on the day of trial to arrive at a settled statement as well as a memorandum, not exceeding 5 pages in length, explaining why a particular proposed settled statement is more accurate. Of course, this is unnecessary if there is a court reporter.

CRITICALCivil cases

Applies to

Trial length estimate

Parties must file an updated estimate of the trial's length, which may be binding under appropriate circumstances.

6. An updated estimate as to the trial's length. This estimate may, under appropriate circumstances, be binding.

CRITICALCivil cases

Applies to

Short statement of case

1. Short Statement of the Case. This should be a JOINT submission that explains the case in one or two non-argumentative paragraphs that can be read to the jury or the venire.

1. Short Statement of the Case. This should be a JOINT submission that explains the case in one or two non-argumentative paragraphs that can be read to the jury or the venire.

CRITICALCivil cases

Applies to

Proposed jury instructions

2. Proposed Jury Instructions. Make sure to organize the proposed instructions as set forth in the operative rules and to submit them in the appropriate format. The parties are STRONGLY encouraged to meet and confer to maximize the number of stipulated instructions.

2. Proposed Jury Instructions. Make sure to organize the proposed instructions as set forth in the operative rules and to submit them in the appropriate format. The parties are STRONGLY encouraged to meet and confer to maximize the number of stipulated instructions.

CRITICALCivil cases

Applies to

Electronic exhibit

5. Electronic exhibits (such as an audio or video file) should be available on a thumb drive. Any such drive should be certified by counsel or the party that it contains no malicious materials or programs.

5. Electronic exhibits (such as an audio or video file) should be available on a thumb drive. Any such drive should be certified by counsel or the party that it contains no malicious materials or programs.

CRITICALCivil cases

Applies to

Deposition chart

Parties must file a joint deposition chart and lodge all deposition transcripts with the Court.

3. Deposition Chart. A JOINT chart setting forth all deposition testimony that any party intends to offer, arranged witness by witness. Each entry will include: (1) a specific page and line designation of the testimony to be offered; (2) the name of the party or parties intending to offer the testimony; and (3) any objections to that testimony (and the party making the objection). Do not argue the objection or respond to it. Note that this chart must include “rebuttal” deposition testimony—that is, testimony that a party intends to offer to rebut other deposition testimony. Transcripts of all depositions must be lodged with the Court. Deposition testimony to be used solely for impeachment need not be included.

CRITICALCivil cases

Applies to

Trial length estimate

Parties must file an updated trial length estimate, which may be binding.

6. An updated estimate as to the trial’s length. This estimate may, under appropriate circumstances, be binding.

CRITICALCivil cases

Applies to

Joint witness list

Parties must file a joint witness list listing each witness's name, a 1-10 word description, the calling party(s), and each party's good-faith examination time estimate.

1. Witness List. The parties must file a JOINT witness list. The list shall include the name of each witness to be called. For each witness on the list, please include: (1) the witness's name; (2) a 1-10 word description of who the witness is; (3) the party (or parties) that intend to call the witness (including any party intending to call the witness adversely); (4) a good faith estimate of the amount of time each party intends to spend examining the witness (to be provided by each party—no one is to challenge another party's estimate).

CRITICALCivil cases

Applies to

Proposed verdict forms

3. Proposed Verdict Forms and objections. The objection to a verdict form should be because the form used is improper (for example, that the question to be answered is not properly framed or that the form is insufficient to result in a valid verdict); no

3. Proposed Verdict Forms and objections. The objection to a verdict form should be because the form used is improper (for example, that the question to be answered is not properly framed or that the form is insufficient to result in a valid verdict); no

CRITICALCivil cases

Applies to

Proposed jury questionnaire

Jury trial parties must meet and confer on proposed jury questionnaires and submit stipulated or separate proposals.

4. Proposed Jury questionnaires, if any. Remember that we are already asking a lot of our jurors—especially in the Covid-19 era. Asking them to fill out lengthy questionnaires could be a problem for them. That said, jury questionnaires are appropriate in some cases so as to reduce the amount of time for voir dire and to avoid or minimize inquiry into potentially embarrassing subjects with potential jurors. The parties must meet and confer and attempt to arrive at a stipulated questionnaire if one is requested. If the meet and confer is unsuccessful, the parties should prepare a list of questions to which all stipulate and then a separate filing setting forth each party’s proposed additional questions and objections to the other party’s questions.