Los Angeles Superior Court Document Filing Requirements

CRITICALCivil cases

Applies to

Declaration of service efforts

If any defendant remains unserved, plaintiff or plaintiff's counsel must file a declaration five days before the CMC hearing explaining the efforts undertaken to accomplish service.

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. CRC 3.110.

CRITICALCivil cases

Applies to

Trial brief

Trial briefs are required in jury and court trials in Department J and must describe the facts, remaining causes of action, parties' status, defenses, relief claimed, and damages calculation.

Trial briefs are required in jury trials and court trials in Department J. A trial brief should be no longer than 10 pages and contain a brief description of the facts, remaining cause of actions, parties' status (dismissed, defaulted, etc.), a brief description of defenses, a brief statement of the relief claimed, and calculation of damages sought.

CRITICALCivil cases

Applies to

Joint statement of case

Counsel must meet and confer to prepare a brief, neutral joint statement of the case to be read to the jury, even if mini-opening statements are agreed.

BRIEF JOINT STATEMENT OF THE CASE. Even if all parties agree to mini-opening statements; counsel shall meet and confer to prepare a brief, neutral description of the case to be read to the jury. LASCR 3.25(g)(4).

CRITICALCivil cases

Applies to

Motion in limine

Motions in limine must be assembled in binders with MIL, opposition, replies, tabbed, indexed Table of Contents.

MILs must be assembled into binders containing: (1) the MIL; (2) opposition; and (3) replies to the MIL which are tabbed and indexed into a Table of Contents.

CRITICALCivil cases

Applies to

Joint jury instructions

Parties must file joint filled-in sets of agreed and not-agreed CACI jury instructions with headings and no remaining brackets or blanks.

JOINT JURY INSTRUCTIONS: The parties shall file a joint filled in set of proposed agreed upon and a joint filled in set of proposed not agreed upon CACI jury instructions with headings, and no remaining brackets or blanks. LASCR 3.25(g)(7).

CRITICALCivil cases

Applies to

Exhibit binders

Parties must prepare three sets of exhibit binders, each with an exhibit list index in front and divider tabs numbered by exhibit.

The parties shall prepare three (3) sets of exhibit binders, with an exhibit list in the front of each binder to serve as an index, and with divider tabs numbered by exhibit.

CRITICALCivil cases

Applies to

Joint witness list

Joint witness list must be in columns with all expected witnesses, time estimates for direct/cross/redirect, column totals, and percipient/expert designation; witnesses not listed may be excluded or limited to impeachment or rebuttal.

JOINT WITNESS LIST. The list shall be with columns and include all witnesses actually expected to testify with time estimates for direct, cross-examination redirect examination. LASCR 3.25(g)(5). Do not repeat the name of a witness who will be called by more than one party. At the bottom of the list, total each column and all testimony. Specify if the witness is a percipient witness or an expert witness with the area of expertise. Any person 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.

CRITICALCivil cases

Applies to

Joint trial binders

The following documents should be included in the joint trial binders and signed by each counsel for each party:

The following documents should be included in the joint trial binders and signed by each counsel for each party:

CRITICALCivil cases

Applies to

Stipulations

Counsel must file and execute stipulations prior to trial regarding ultimate facts, issues, and exhibit admissibility (foundation/authentication).

Counsel shall file and execute stipulations, if any, prior to trial regarding ultimate facts and issues and the admissibility of exhibits (i.e. foundation and/or authentication).

CRITICALCivil cases

Applies to

Joint exhibit list

Joint exhibit list must have specified columns (Exhibit No., Description, Offered by, Stipulated, Date ID, Date Admit) with all exhibits exchanged and prenumbered; submission does not waive objections.

JOINT EXHIBIT LIST. All exhibits must be exchanged and prenumbered. The parties shall prepare a joint exhibit list which shall have the following columns: Exhibit. No., Description, Offered by, Stipulated, Date ID, and Date Admit. Counsel must meet and 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. LASCR 3.25(g)(6).

CRITICALCivil cases

Applies to

Deposition transcripts and discovery responses

Before trial, counsel must lodge copies of deposition transcripts or other discovery responses with the Court.

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

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

Trial preparation order documents

Department 5 has a Trial Preparation Order which applies to every case set for trial. The court expects the parties’ counsel and any self-represented parties to work together to jointly prepare and submit the documents and binders required by that order.

Department 5 has a Trial Preparation Order which applies to every case set for trial. The court expects the parties’ counsel and any self-represented parties to work together to jointly prepare and submit the documents and binders required by that order.

CRITICAL

Applies to

Ex parte application

Ex parte applications must affirmatively show irreparable harm, immediate danger, or another statutory basis for ex parte relief, and demonstrate why the relief cannot be sought by other means such as a noticed motion.

PLEASE CAREFULLY REVIEW WHEHTER YOU HAVE A PROPER BASIS TO SEEK EX PARTE RELIEF. There must be an affirmative showing of “irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.” (See Cal. Rules of Court, rule 3.1202(c).) You will need to demonstrate to the court the reason(s) why you cannot seek the requested relief by other means, such as a noticed motion.

CRITICALCivil cases

Applies to

Proposed verdict form

If good-faith efforts do not resolve verdict-form differences, each party must bracket and bold disputed wording or separately file a proposed form when too much is disputed.

If, after making a good faith effort to resolve differences, the parties cannot agree on the verdict form, each party must either (a) insert the disputed wording in bold brackets, or (b) separately file a proposed verdict form if too much of the verdict form is in dispute (e.g., because a ruling on a motion in limine is needed to resolve the issue).

CRITICALCivil cases

Applies to

Joint witness list

The joint witness list must end with the total witness time and time estimates for jury selection, opening, and closing.

At the end of the list, the parties must provide a total time for the witnesses plus the time estimates for jury selection, opening and closing.

CRITICALCivil cases

Applies to

Joint list of proposed jury instructions

The parties must file a numerically organized joint list of proposed jury instructions identifying agreed and contested instructions.

The parties must file a Joint List of Proposed Jury Instructions, organized in numerical order, specifying the instructions upon which all sides agree and the contested instructions, if any.

CRITICALCivil cases

Applies to

Joint statement of relief requested

The parties must file a joint statement of requested relief itemizing each party’s claimed damages and amounts, except emotional-distress and punitive damages need not be itemized.

The parties must file a Joint Statement of Relief Requested, including itemization of all elements of damages claimed, if any, by each party, and the amount; no itemization is required for emotional distress and punitive damages.

CRITICALCivil cases

Applies to

Joint written statement of case

For jury trials, the parties must file a joint written case statement for the Court to read to the jury panel.

For jury trials, the parties must file a Joint Written Statement of the Case for the Court to read to the jury panel.

CRITICALCivil cases

Applies to

Proposed jury instructions

The parties must prepare complete, full-text proposed jury instructions, editing proposed CACI instructions to insert party names and remove blanks and irrelevant material.

The parties must prepare a complete set of full-text proposed Jury Instructions, editing all proposed Judicial Council of California Civil Jury Instructions (“CACI”) to insert party names and eliminate blanks and irrelevant material.

CRITICALCivil cases

Undisclosed witnesses may not be called unless good cause is shown.

Unless good cause is shown, no undisclosed witnesses may be called.

CRITICALCivil cases

Applies to

Proposed joint verdict form

The parties must file a proposed joint general or special verdict form, with interrogatories for a special verdict, acceptable to all sides.

The parties must file a proposed Joint General Verdict form or a proposed Joint Special Verdict form (with interrogatories) acceptable to all sides.

CRITICALCivil cases

Applies to

Exhibit binder

Each nondocumentary exhibit must be marked and accompanied by a brief written description behind its corresponding numerical tab in the exhibit binder.

The parties must mark all nondocumentary exhibits (e.g. a CD) and insert a brief written description of the exhibit behind the corresponding numerical tab in the exhibit binder.

CRITICALCivil cases

Applies to

Joint list of stipulated facts

The parties must file a joint list of all relevant undisputed facts.

The parties must file a joint list of all relevant facts not in dispute.

CRITICALCivil cases

Applies to

Joint exhibit list

The initial joint exhibit-list exchange must state for each exhibit whether it may be admitted without objection or, if not, the ground for objection.

The initial exchange of the Joint Exhibit List must include a column in which the parties indicate whether the particular exhibit may be admitted without objection or, if not, the ground for the objection.

CRITICALCivil cases

Applies to

Joint list of proposed jury instructions

The joint jury-instruction list must provide a space for the Court’s disposition of each instruction and a place for the Court to date and sign it.

The Joint List of Jury Instructions must include a space by each instruction for the Court to indicate whether the instruction was given, not given or given as modified. It must also provide a place for the Court to date and sign the list.

CRITICALCivil cases

Applies to

Opening statement exhibit or aid

Counsel must show each other party any exhibit or visual or auditory aid intended for use in opening statement at or before the FSC.

Any exhibit or other visual or auditory aid that counsel wishes to use in opening statement must be shown to each other party at or in advance of the FSC.

CRITICALCivil cases

Applies to

Notice declaration

Declarations regarding ex parte notice must contain all information required by CRC 3.1204(b).

The declarations regarding notice must contain all the information listed in CRC 3.1204(b).

CRITICALCivil cases

Applies to

Trial documents

Trial Documents must comply with Los Angeles Superior Court Rule 3.25(f)–(h).

The Trial Documents must comply with LA Superior Court Rule 3.25 (f)-(h).

CRITICALCivil cases

Applies to

FSC

Trial counsel must attend the FSC.

Trial counsel must attend the FSC.

CRITICALCivil cases

Applies to

Joint witness list

The parties must file a joint witness list identifying each party’s intended witnesses, excluding impeachment witnesses.

The parties must file a Joint Witness List, identifying the witnesses each party intends to call, except for impeachment witnesses.

CRITICALCivil cases

Applies to

Joint witness list

The parties must identify potential witness scheduling issues and special requirements.

The parties must identify any potential witness scheduling issues and special requirements.

CRITICALCivil cases

Applies to

Motion in limine

Each party must use a distinct numbering or lettering designation for its motions in limine to avoid duplication and confusion.

THE PARTIES MUST ASSIGN DIFFERENT NUMBERS OR LETTERS TO THEIR MOTIONS IN LIMINE (e.g., Plaintiff’s motions in limine may be numbered 1-5; Defendant’s motions in limine may be lettered A-E; additional parties may use double numbers or letters or some other agreed-upon designation to avoid duplication and confusion.)

CRITICALCivil cases

Applies to

Jury questionnaire

A requested jury questionnaire must be exchanged sufficiently before the FSC for opposing parties to propose questions, and the filed questionnaire must be joint.

If either party requests a jury questionnaire, it must be exchanged sufficiently in advance of the FSC so the opposing parties may propose additional questions. The questionnaire filed must be a joint questionnaire.

CRITICALCivil cases

Applies to

Joint written statement of case

If the parties cannot agree on a sentence in the joint case statement, they must put alternative versions in brackets and bold for the Court to resolve.

If for some reason the parties cannot agree upon the wording of a sentence, they must put the alternative versions of the sentence in brackets and bold and the Court will rule on it.

CRITICALCivil cases

Applies to

Joint witness list

The joint witness list must identify each testifying witness’s name and type and estimate the time for each examination and for the witness overall.

The Joint Witness List must include the name of each witness who is actually going to testify, whether that person is a fact witness or an expert witness, and the expected length of the direct and redirect, the cross-examination and recross-examination, and the total time for that witness.

CRITICAL

Applies to

Joint statement of the case

In jury trials, the parties must prepare a joint statement of the case, kept short, factual, and neutral, to be read to prospective jurors during jury selection.

JOINT STATEMENT OF THE CASE in the case of a jury trial, which will be read to the prospective jurors during jury selection. It should be short, factual and as neutral as possible.

CRITICAL

Applies to

Bifurcation motion

Must include

certificate of conference

Parties filing bifurcation and in limine motions must comply with LASC Rule 3.57, including its declaration and meet-and-confer requirements.

Parties must comply with LASC 3.57, including the declaration and meet and confer requirements.

CRITICAL

Applies to

Notice of related case

In freestanding PAGA actions, parties must file a timely Notice of Related Cases under Rule 3.300.

Parties must file a timely Notice of Related Cases pursuant to Cal. Rules of Court, rule 3.300.

CRITICAL

Applies to

Proposed jury instructions

Parties must submit a list of proposed jury instructions showing which side requested each instruction and any objections, and must print and file a joint set of agreed instructions plus each side's objected-to instructions.

The parties must submit a list of proposed jury instructions indicating which instructions are requested by each side or jointly and noting any objections raised on an opposing party. In addition, a joint set of agreed-upon instructions, and a set of instructions from each side to which there are objections, shall be printed and filed.

CRITICAL

Applies to

Deposition designation chart

Parties must jointly prepare a per-witness deposition chart with columns for designations by page and line, counter-designations, objections, and 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

Deposition designations

Deposition testimony offered in lieu of live testimony must be designated by the proponent in advance of trial.

Deposition testimony to be presented at trial, in lieu of live testimony, must be designated by the proponent of such testimony in advance of trial.

CRITICAL

Applies to

Proposed verdict form

The parties are to meet and confer to prepare and file the proposed special verdict form. If the parties cannot agree, each party should file and serve its proposed version of the verdict form. The parties should make a copy of the final verdict form for each juror to utilize during deliberations.

The parties are to meet and confer to prepare and file the proposed special verdict form. If the parties cannot agree, each party should file and serve its proposed version of the verdict form. The parties should make a copy of the final verdict form for each juror to utilize during deliberations.

CRITICAL

Applies to

Joint exhibit list

Parties must meet and confer to determine which documents will be admitted by stipulation or without objection and whether to stipulate to authentication of each exhibit.

The parties are to meet and confer to determine which documents will be admitted by stipulation or, at least, without objection and whether there will be a stipulation to authenticate each exhibit.

CRITICAL

Applies to

Notice of related case

Parties must serve and file a Notice of Related Case in each allegedly related case as soon as possible and have a continuing duty to file such notices upon learning of related cases.

Rules of Court, Rule 3.300(b) requires that when a party "knows or learns that the action or proceeding is related to another action or proceeding pending, dismissed, or disposed of by judgment in any state or federal court in California, the party must serve and file a Notice of Related Case." The Notice must be filed in each allegedly related case. This must be done as soon as possible, and parties have a continuing duty to file such a notice when additional knowledge becomes available. (Rules of Court, Rule 3.300(e) and (g).)

CRITICAL

Applies to

Sworn declaration

The declaration supporting a class-claim dismissal must clearly state whether consideration is being given and describe the consideration in detail, if applicable.

In addition, if applicable, the declaration "must clearly state whether consideration, direct or indirect, is being given for the dismissal and must describe the consideration in detail." (CRC 3.770(a).)

CRITICAL

Applies to

Motion to seal

Must include

proposed order

A proposed order accompanying a motion to seal must be narrowly tailored to seal only information protected by privacy, trade secrets law, or other applicable principles.

The proposed order accompanying the motion to seal must be narrowly tailored to seal only the specific information that is protected by the right to privacy, trade secrets law, or other applicable principles.

CRITICAL

Applies to

Proposed jury instructions

Before submitting jury instructions, counsel must fill in blanks, make appropriate modifications, remove extraneous material, comply with LASC Rules 3.170-3.171, and use CACI for form instructions.

Before submitting the instructions, counsel must fill in the blanks, make any appropriate modifications, remove any irrelevant or extraneous material, and comply with LASC Rules 3.170 – 3.171. The parties must utilize CACI for form instructions.

CRITICAL

Applies to

Deposition transcript

Parties must lodge a copy of the deposition transcript so the Court can rule on designations, counter-designations, and objections.

The parties shall lodge a copy of the deposition transcript to allow the Court to rule on the designations, counter-designations, and objections.

CRITICAL

Applies to

Final jury instructions

Citations of authority and requesting-party identities must be removed from instructions before jury deliberations, and parties must submit a full set of final instructions without titles or numbers for jury use.

Citation of authority and identity of the party requesting the instruction must be removed before submission to the jury for deliberation. 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.