Los Angeles Superior Court Document Filing Requirements

CRITICAL

Applies to

Exhibit binder

Exhibit Binders must include a description of each exhibit behind the corresponding numerical tab and comply with section XIII(G) (rule continues from the prior page).

description of the exhibit behind the corresponding numerical tab in the Exhibit Binders, and shall comply with XIII(G), below.

CRITICAL

Applies to

Ex parte application

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

Ex parte applications are reserved for exigent circumstances. The applicant shall comply with CRC, 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."

CRITICAL

Applies to

Electronic media exhibit

The submitting party must confirm that a transcript of any audio recording has been filed with the CD/DVD at the time the exhibit is offered to the Court.

If the flash drive or CD/DVD contains a recording, the description on the Exhibit List must state whether it contains an audio file, and the submitting party must confirm that a transcript of the audio has been filed with the CD/DVD at the time the exhibit is offered to the Court. CRC, Rule 2.1040

CRITICAL

Applies to

Exhibit binder

Each party must bring one volume (not a full set) of its Exhibit Binders to the Final Status Conference for the Court's review.

The parties' counsel and any self-represented parties shall each bring one volume (not a full set) of the Exhibit Binders containing their exhibits to the Final Status Conference for the Court to review.

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 binder

Tab A: Trial Briefs Tab B: Joint Witness List Tab C: Joint Exhibit List Tab D: Joint Statement to Be Read to the Jury Tab E: Joint List of Jury Instructions Tab F: Joint and Contested Jury Instructions Tab G: Joint or Contested Verdict Form(s) Tab H: Joint Chart of Page/Line Designations for Deposition/Former Testimony Tab I: Copies of the Current Operative Pleadings (including the operative complaint, answer, cross-complaint, if any, and answer to any cross-complaint).

Tab A: Trial Briefs Tab B: Joint Witness List Tab C: Joint Exhibit List Tab D: Joint Statement to Be Read to the Jury Tab E: Joint List of Jury Instructions Tab F: Joint and Contested Jury Instructions Tab G: Joint or Contested Verdict Form(s) Tab H: Joint Chart of Page/Line Designations for Deposition/Former Testimony Tab I: Copies of the Current Operative Pleadings (including the operative complaint, answer, cross-complaint, if any, and answer to any cross-complaint).

CRITICAL

Applies to

Motion in limine

Parties filing multiple motions in limine must number them consecutively.

Parties filing more than one motion in limine shall number them consecutively.

CRITICAL

Applies to

Exhibit list

The Exhibit List description of a recording must state whether it contains an audio file.

If the flash drive or CD/DVD contains a recording, the description on the Exhibit List must state whether it contains an audio file, and the submitting party must confirm that a transcript of the audio has been filed with the CD/DVD at the time the exhibit is offered to the Court.

CRITICAL

Applies to

Proposed verdict form

For jury trials, counsel and self-represented parties must jointly prepare and file a proposed general or special verdict form acceptable to all parties under Local Rule 3.25(g)(8).

For jury trials, the parties' counsel and any self-represented parties shall work together to prepare and file a joint proposed general verdict form or a joint proposed special verdict form acceptable to all parties. Local Rule 3.25(g)(8).

CRITICAL

Applies to

Exhibit

Every marked exhibit must contain an exhibit tag.

Every exhibit that is marked must contain an exhibit tag.

CRITICAL

Applies to

Trial binder

In bench trials, the Trial Binder need only include the documents listed under Tabs A, B, C, H, and I.

(for trials by the Court without a jury, the Trial Binder shall only include the documents listed under Tabs A, B, C, H, and I)

CRITICAL

Applies to

Joint statement of case

For jury trials, parties' counsel and self-represented parties must jointly prepare and file a concise joint written statement of the case for the Court to read to the jury.

For jury trials, the parties’ counsel and any self-represented parties shall work together to prepare and file a concise, joint written statement of the case for the Court to read to the jury. Local Rule 3.25(g)(4).

CRITICAL

Applies to

Trial brief

Trial briefs must succinctly identify the claims and defenses, legal and factual issues with supporting authorities, relief and damages calculation, stipulated facts/issues, major evidentiary issues, and other information assisting the Court at trial.

Each party shall file a trial brief, not to exceed 15 pages, succinctly identifying: (1) the claims and defenses subject to litigation; (2) the legal and factual issues to be decided (with supporting points and authorities); (3) the relief claimed and the calculation of damages sought; (4) the ultimate facts or issues to which they will stipulate; (5) the major evidentiary issues anticipated; and (6) any other information that may assist the Court at trial.

CRITICAL

Applies to

Exhibit list

If a CD/DVD is in an envelope, sleeve, or case, the Exhibit List description must use language similar to the specified example.

If a CD/DVD is in an envelope, sleeve, or case, the description on the Exhibit List must state language similar to the following: "Plaintiff's 1 – DVD in a white sleeve containing 5 photographs of the defendant."

CRITICAL

Applies to

Proposed jury instructions

For jury trials, counsel and self-represented parties must jointly prepare a complete set of full-text proposed jury instructions edited from CACI, with party names inserted and blanks 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

Joint chart deposition designations

If a party intends to use deposition or former trial testimony, all parties must meet and confer and jointly prepare and file a joint chart of page and line designations in the required format.

If any party intends to use deposition testimony or former trial testimony in lieu of or in addition to a witness's live testimony, all parties' counsel and any self-represented parties shall meet and confer to discuss, and work together to prepare and file, a joint chart in the format set forth below.

CRITICAL

Applies to

Proposed jury instructions

Proposed jury instructions must be organized behind Tab F, labeled by cover sheets, in the order of agreed-upon instructions, plaintiff's requested instructions to which defendant objects, and defendant's requested instructions to which plaintiff objects.

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) plaintiff's requested instructions to which defendant objects; and (3) defendant's requested instructions to which plaintiff objects.

CRITICAL

Applies to

Exhibit

Parties must place the Court's yellow evidence tags (showing only the case number and exhibit number) on each exhibit in the Judicial Assistant's copy of the Exhibit Binder.

The parties' counsel and any self-represented parties shall also place the Court's yellow evidence tags (with only the case number and exhibit number filled in) on each exhibit in the Judicial Assistant's copy of the Exhibit Binder.

CRITICAL

Applies to

Electronic media exhibit

A flash drive or CD/DVD offered into evidence must be listed on the Exhibit List, have a placeholder in the Exhibit Book, and be marked as an exhibit.

If a flash drive or CD/DVD is offered into evidence, it must be listed on the Exhibit List, with a placeholder in the Exhibit Book identifying the exhibit and exhibit number, and the flash drive or CD/DVD must be marked as an exhibit.

CRITICAL

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.

CRITICAL

Applies to

Powerpoint slides

Counsel must inform the Court at the Final Status Conference if using PowerPoint 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 proposed jury instructions

For jury trials, parties' counsel and self-represented parties must jointly prepare and file a joint list of proposed jury instructions stating each instruction's number, title, requesting party, agreed/contested status, any objection, and whether it was given.

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: (1) 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

Remote testimony appearance

Remote testimony via LACC must be by video, not telephone.

If a party/witness appears via LACC for testimony (ie: trial/default prove up/minor's compromise, etc.), appearance MUST be through video

CRITICAL

Applies to

Final status conference appearance

Trial attorneys must appear in person for Final Status Conferences and trials.

Trial attorneys MUST appear in person for Final Status Conferences and trials

CRITICALCivil cases

Applies to

Motion in limine

Must include

certificate of conference

Motions in limine must include a declaration with a certificate of conference, else will be summarily denied.

The motion must be accompanied by a declaration that includes, among other items, a representation that the motion has been discussed with opposing counsel. If not, the motion will be summarily denied.

CRITICALCivil cases

Applies to

Joint jury instructions

Parties must file a joint CACI jury instruction document listing all requested instructions by CACI number, including a same-document list of instructions requested by one party and objected to by the other, without printing instruction text.

CACI JURY INSTRUCTIONS - The parties shall file a joint document which provides a list of all requested jury instructions, by CACI ... lists (all on the same document) of all jury instructions requested by one party and objected to by the other. The parties need not print the text of each requested CACI instruction.

CRITICALCivil cases

Applies to

Joint statement of the case

Parties must file a Joint Statement of the Case to be read to the jury.

STATEMENT OF THE CASE - The parties must file a Joint Statement of the Case to be read to the jury.

CRITICALCivil cases

Applies to

Proposed special verdict form

Counsel are urged to agree on a special verdict, and if they cannot, each counsel must submit a proposed special verdict form.

SPECIAL VERDICT - Counsel are urged to agree upon a special verdict. If counsel cannot agree, each counsel is required to submit a proposed special verdict form.

CRITICALCivil cases

Applies to

Motion in limine

Motions in limine must be in writing and numbered.

MOTIONS IN LIMINE must be in writing, numbered, and shall be filed and served on opposing parties in accordance with Local Rule 3.25(f)(2).

CRITICALCivil cases

Applies to

Trial brief

Trial briefs are mandatory in all cases and must describe claims, defenses, and issues; stipulated facts; major evidentiary issues with points and authorities; relief claimed with a breakdown of damages elements; and any other information assisting the Court.

TRIAL BRIEFS – Trial Briefs are mandatory in all cases and must include: a. Brief description of the claims and defenses presented and the issues to be decided. b. Brief statement of ultimate facts or issues to which you will stipulate. c. List of major evidentiary issues anticipated, with succinct points and authorities. d. Statement of the relief claimed, including a succinct breakdown of the elements of damages claimed. (Do not hesitate to use bullet points.) e. Any other information that will assist the Court.

CRITICALCivil cases

Applies to

Joint witness list

Parties must submit a joint witness list on the attached form including witness name, brief description of testimony, time estimates for direct and cross, potential scheduling problems, and any special requirements such as an interpreter.

WITNESS LIST - The parties shall submit a joint witness list in the attached form must include the name, a brief description of the testimony, a time estimate on direct and cross, any potential scheduling problem, and any special requirements (e.g., interpreter, etc.).

CRITICALCivil cases

Applies to

Joint statement of case

Parties must file a joint statement of the case to be read to the jury.

STATEMENT OF THE CASE - The parties must file a Joint Statement of the Case to be read to the jury.

CRITICALCivil cases

Applies to

Final status conference submissions

At the final status conference, plaintiff's and cross-complainant's counsel must deliver copies of the operative pleadings to the Court and be prepared to state on the record the claims to be pursued at trial, with possible sanctions for noncompliance.

G. Plaintiff's counsel and Cross-Complainant's counsel shall provide the Court at the FSC with a copy of the operative pleading(s) and be prepared to state on the record the claims that will be pursued during trial. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN SANCTIONS.

CRITICALCivil cases

Applies to

Operative pleading

Plaintiff and cross-complainant counsel must provide operative pleadings at the FSC and state claims pursued.

Plaintiff’s counsel and Cross-Complainant's counsel shall provide the Court at the FSC with a copy of the operative pleading(s) and be prepared to state on the record the claims that will be pursued during trial.

CRITICALCivil cases

Applies to

Joint exhibit list

Parties must file a joint exhibit list on the attached form, with exhibits numbered rather than designated by letters.

EXHIBIT LIST - The parties shall file a joint exhibit list in the attached form. Exhibits should be numbered and not designated by letters.

CRITICALCivil cases

Applies to

Trial brief

Trial briefs are mandatory and must include specified sections on claims, facts, evidence, and relief.

TRIAL BRIEFS – Trial Briefs are mandatory in all cases and must include: a. Brief description of the claims and defenses presented and the issues to be decided. b. Brief statement of ultimate facts or issues to which you will stipulate. c. List of major evidentiary issues anticipated, with succinct points and authorities. d. Statement of the relief claimed, including a succinct breakdown of the elements of damages claimed. (Do not hesitate to use bullet points.) e. Any other information that will assist the Court.

CRITICALCivil cases

Applies to

Motion in limine

Each motion in limine must be accompanied by a declaration representing that the motion was discussed with opposing counsel, or it will be summarily denied.

Counsel must read and be familiar with Local Rule 3.57. The motion must be accompanied by a declaration that includes, among other items, a representation that the motion has been discussed with opposing counsel. If not, the motion will be summarily denied.

CRITICALCivil cases

Applies to

Witness list

Joint witness lists must include name, testimony description, time estimates, scheduling issues, and special requirements.

WITNESS LIST - The parties shall submit a joint witness list in the attached form must include the name, a brief description of the testimony, a time estimate on direct and cross, any potential scheduling problem, and any special requirements (e.g., interpreter, etc.).

CRITICALCivil cases

Applies to

Motion in limine

Parties filing more than one motion in limine must number the motions consecutively.

Parties filing more than one motion in limine shall number them consecutively.

CRITICALCivil cases

Applies to

Motion in limine

The caption (or notice) of each motion in limine must concisely identify the motion's subject and designate the specific evidence or argument sought to be precluded.

The caption (or notice) of each motion in limine must concisely identify the subject of the motion and designate the specific evidence or argument sought to be precluded.

CRITICALCivil cases

Applies to

Joint ISC statement

The parties must submit a joint Initial Status Conference (ISC) statement as directed in the ISC Order.

The Parties must submit a joint ISC statement as directed in that Order.

CRITICALCivil cases

Applies to

Motion to dismiss class claims

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

Parties seeking do 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 settlement approval motion

A PAGA settlement approval motion 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 within the scope of the original LWDA notice.

Court approval is required for “any proposed settlement of any civil action filed pursuant to” PAGA. (Labor Code § 2699(l)(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 Cal.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

Opposition

Opposition papers to motions in limine must identify in the caption the number of each motion to which they respond.

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

CRITICAL

Applies to

Joint exhibit list

Joint exhibit lists must include pre-numbered exhibits, internal pagination for multi-page exhibits, and certified translations for foreign language exhibits.

Pursuant to California Rule of Court 3.1110(f) and Los Angeles County Superior Court Rules 3.52 and 3.53, all exhibits must be exchanged and pre-numbered, except for those anticipated in good faith to be used for impeachment or during rebuttal. Documentary exhibits consisting of more than one page must be internally paginated in sequential numerical order. Exhibits written in a foreign language must be accompanied by a certified English translation.

CRITICAL

Applies to

Motion in limine

Must include

certificate of conference

Every motion in limine must include a sworn meet-and-confer declaration stating the opposing party's position or the motion will be summarily denied.

All motions in limine must be accompanied by a sworn declaration attesting that the subject of the motion has been discussed with the opposing party and setting forth the opposing party's position regarding the motion(s). Failure to include such a declaration will result in summary denial of MIL.

CRITICAL

Applies to

Exhibits

All exhibits must be exchanged and pre-numbered, except exhibits anticipated in good faith for impeachment or rebuttal.

Pursuant to California Rule of Court 3.1110(f) and Los Angeles County Superior Court Rules 3.52 and 3.53, all exhibits must be exchanged and pre-numbered, except for those anticipated in good faith to be used for impeachment or during rebuttal.

CRITICAL

Applies to

Bench trial submissions

In bench trials, the parties must submit a joint exhibit list and joint witness list as described in the order.

The parties must submit a joint exhibit list and joint witness list as described above.

CRITICAL

Applies to

Motion in limine

Must include

certificate of conference

Motions in limine must include a sworn declaration attesting to meet and confer with opposing party, or face summary denial.

All motions in limine must be accompanied by a sworn declaration attesting that the subject of the motion has been discussed with the opposing party and setting forth the opposing party’s position regarding the motion(s). Failure to include such a declaration will result in summary denial of MIL.

CRITICAL

Applies to

Trial binder

For all jury trials, the parties must jointly lodge a tabbed trial binder in 3-ring binders with a Table of Contents at least two calendar days before the FSC (discretionary for court trials).

For all jury trials, the parties/counsel shall jointly prepare and lodge a trial binder with the Court at least two (2) calendar days before the FSC, containing the required trial documents, tabbed and organized into 3-ring binders, with a Table of Contents in the front of each binder, as follows: