Los Angeles Superior Court Document Filing Requirements

CRITICAL

Applies to

Trial brief

Each party must file a signed trial brief (in both bench and jury trials) describing the claims, defenses, relief sought, evidentiary disputes, and all issues to be decided at trial, with citations to supporting authorities.

TRIAL BRIEFS for each party, in both bench and jury trials. 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

Request to dismiss class claims

Dismissal of class claims requires court approval under CRC 3.770 and must be accompanied by a sworn declaration setting forth the facts relied upon.

The dismissal of class claims without prejudice must be approved by the Court under California Rules of Court, Rule 3.770. Under CRC 3.770, a request to dismiss class claims must be accompanied by a sworn declaration "setting forth the facts on which the party relies" for the requested dismissal.

CRITICAL

Applies to

Joint witness list and trial schedule

Parties must file a joint witness list with time allocations for each witness's direct, cross, and redirect examination, along with a proposed daily trial schedule with time allocations.

The parties are to file a joint list of all witnesses each party intends to call, which must include a time allocation for each witness for direct, cross examination, and redirect. The parties are to provide a proposed daily trial schedule with appropriate time allocations.

CRITICAL

Applies to

Motion for preliminary approval of class action settlement

Parties seeking preliminary approval of a class action settlement must consult and follow the preliminary approval checklist, though form agreements themselves are recommended but not mandatory.

Although the Court strongly recommends using form agreements, they are not mandatory. However, parties seeking preliminary approval of a class action settlement must consult and follow the preliminary approval checklist.

CRITICAL

Applies to

Joint discovery dispute statement

The joint discovery dispute statement must be a single document signed by both counsel.

The joint discovery dispute statement must be set forth in one document signed by both counsel.

CRITICAL

Applies to

Joint exhibit list

Parties must meet and confer in an effort to resolve objections to the authenticity and admissibility of each exhibit before trial.

As set forth above, the parties' counsel and any self-represented parties shall meet and confer in an effort to resolve objections to the authenticity and admissibility of each exhibit.

CRITICAL

Applies to

Motion to compel further responses

Neither party may file any separate memorandum of points and authorities in connection with the motion other than the permitted supplemental memorandum.

No other separate memorandum of points and authorities may be filed by either party in connection with the motion.

CRITICAL

Applies to

Motion to compel further responses

Parties must prepare joint statements when briefing discovery disputes on motions to compel further responses.

The Court requires parties to prepare joint statements to brief discovery disputes on motions to compel further responses. See Exhibit A.

CRITICAL

Applies to

Settled statement

If the parties cannot agree on a joint settled statement, each party must submit its own version highlighting the differences and lodge the competing proposals the next morning before proceedings resume.

If the parties cannot agree on a joint form of the settled statement, they must each submit their own version and must highlight the differences and lodge their competing proposals the next morning before proceedings resume.

CRITICAL

Applies to

Motion in limine

Multiple motions in limine must be numbered consecutively.

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

CRITICAL

Applies to

Proposed jury instructions

Proposed jury instructions must be organized behind Tab F into three labeled groups in order: agreed 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) the Plaintiff's requested instructions to which the Defendant objects, and (3) the Defendant's requested instructions to which the Plaintiff objects.

CRITICAL

Applies to

Discovery responses

Privilege claims must be asserted no later than the deadline for providing the underlying information and must be supported by a privilege log.

Any claims of privilege relating to the information required to be provided under this Order shall be made no later than the time information is required to be provided under this Order and shall be supported by a privilege log.

CRITICAL

Applies to

Joint witness list

Counsel and self-represented parties must jointly prepare and file a witness list containing only witnesses actually intended to be called at trial, excluding impeachment or rebuttal witnesses.

The parties' counsel and any self-represented parties shall work together to prepare and file a joint list of all witnesses whom any party actually intends to call at Trial and is actually expected to testify (please do not include other potential witnesses), excluding witnesses being called only for impeachment or rebuttal.

CRITICAL

Applies to

Motion to compel further responses

A motion to compel further responses may be supported only by the joint discovery dispute statement and supplemental memoranda; no other memoranda of points and authorities may be filed in support.

The motion shall be supported only by the joint discovery dispute statement and supplemental memoranda described below. No other memoranda of points and authorities shall be filed in support of the motion.

CRITICAL

Applies to

Joint witness list

The joint witness list must be organized into six specified columns covering witness name/expert status/accommodations, calling party, testimony description, and estimated direct, cross, and total examination times in minutes.

The joint witness list shall be organized with columns (in the format set forth below) which state (1) the name of each witness (in alphabetical order by last name), if the witness is being called to testify as an expert, and any special requirements or accommodations needed for the witness (e.g., interpreter, remote connection), (2) the party calling the witness, (3) a brief description of the witness's expected testimony, (4) an estimate of the length of direct examination (in minutes), (5) an estimate of the length of cross-examination (in minutes), and (6) the total estimated length of examination (in minutes).

CRITICAL

Applies to

Full text proposed jury instructions

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. If there is an appropriate CACI jury instruction on a point of law, the Court expects the parties to request the CACI instruction instead of a specially prepared jury instruction. Any departure from CACI instructions should be clearly explained.

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. If there is an appropriate CACI jury instruction on a point of law, the Court expects the parties to request the CACI instruction instead of a specially prepared jury instruction. Any departure from CACI instructions should be clearly explained.

CRITICAL

Applies to

Joint chart of page and line designations

Counter-designations in the joint chart must include columns for the witness number/name, date and type of testimony, page and line counter-designations, objections, the related designation number, and the Court's ruling.

In the joint chart, each counter-designating party's counter-designations of additional deposition or former testimony of the witness that relates to the designations shall include columns which state: (1) the designation number and name of the witness, (2) the date and type of testimony (e.g., deposition or trial testimony), (3) the page and line counter-designations of the deposition or former testimony requested to be used, (4) any objections, (5) the designation number of the other party's designation to which the counter-designation relates, and (6) the Court's ruling.

CRITICAL

Applies to

Joint discovery dispute statement

The joint statement must contain every disputed discovery request plus each party's contentions and points and authorities as to each request.

The statement must contain all discovery requests in dispute and, as to each such request, the contentions and points and authorities of each party.

CRITICAL

Applies to

Trial binder

Parties must prepare the Motions in Limine Binder, Exhibit Binders, and Trial Binder required under Sections 3-5 of the Trial Preparation Order.

discuss and prepare the documents required in Sections 3.B. – H., below, and the Motions in Limine Binder, Exhibit Binders, and Trial Binder required in Sections 3 - 5, below

CRITICAL

Applies to

Joint discovery dispute statement

The title page of the joint statement must state the discovery cutoff date, final status conference date, and trial date.

The title page of the statement must state the discovery cutoff date, the final status conference date, and the trial date.

CRITICAL

Applies to

Proposed verdict form

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, subd. (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, subd. (g)(8).)

CRITICAL

Applies to

Settled statement

If no court reporter is used at trial, the parties must jointly prepare a summary of the day's proceedings (including detailed witness testimony summaries) and lodge it in the courtroom the next morning before proceedings resume.

If no court reporter is used, the parties must jointly prepare a summary of the day's proceedings, including a detailed summary of the testimony of any witness, and lodge it in the courtroom the next morning before proceedings resume.

CRITICAL

Applies to

Trial notebook

Parties must arrange for a Trial notebook to be delivered to the courtroom and lodged prior to the Final Status Conference, prepared consistently with the Trial Preparation Order.

The parties shall arrange for a Trial notebook to be delivered to the courtroom and lodged prior to the FSC. Los Angeles Superior Court, Local Rule 3.25(g). The notebooks should be prepared consistently with the Trial Preparation Order. See Exhibit B.

CRITICAL

Applies to

Joint chart of page and line designations

Designations in the joint chart must include columns for the witness number/name, date and type of testimony, page and line designations, objections, related counter-designations, and the Court's ruling.

In the joint chart, each designating party's designations of deposition or former testimony shall include columns which state: (1) the designation number and name of the witness, (2) the date and type of testimony (e.g., deposition or Trial testimony), (3) the page and line designations of the deposition or former testimony requested to be used, (4) any objections, (5) whether the other party has counter-designated any additional deposition or former testimony of the witness that relates to the designation, and, if so, the designation number of the counter-designation, and (6) the Court's ruling.

CRITICAL

Applies to

Motion in limine opposition and reply

Opposition and reply papers on motions in limine must identify the corresponding motion number in the caption.

Parties filing opposition and reply papers shall identify the corresponding motion number in the caption of their papers.

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, for each instruction, its 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 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 (Joint List of Proposed Jury Instructions).

CRITICAL

Applies to

Joint discovery dispute statement

Disputed interrogatories and answers must be quoted verbatim in the joint statement, followed by each party's separately stated contentions.

For example, if the sufficiency of an answer to an interrogatory is at issue, the statement must contain, verbatim, both the interrogatory and the allegedly insufficient answer, followed by each party's contentions as to that particular interrogatory, separately stated.

CRITICAL

Applies to

Joint discovery dispute statement

The joint discovery dispute statement may not refer the Court to any other documents.

The statement may not refer the Court to any other documents.

CRITICAL

Applies to

Joint statement of the case

For jury trials, counsel and self-represented parties must jointly prepare and file a brief written statement of the case for the Court to read to the jury, focusing on their own contentions rather than the other parties' wording.

For Jury Trials, the parties' counsel and any self-represented parties shall work together to prepare and file a brief, joint written statement of the case for the Court to read to the jury. (Local Rule 3.25, subd. (g)(4).) Parties should not insist on particular wording for the other parties' contentions but should simply focus on their own contentions and their responses.

CRITICAL

Applies to

Motion in limine

Motions in limine must be noticed for hearing at the Final Status Conference, comply with CCP §1005 notice provisions, and include declarations complying with Local Rule 3.57.

Motions in Limine shall be noticed for hearing at the Final Status Conference. The parties’ counsel and any self-represented parties shall comply with the statutory notice provisions of Code of Civil Procedure §1005 and file declarations that comply with the requirements of Local Rule 3.57

CRITICAL

Applies to

Trial binder

Trial binders must include the specified documents under Tabs A through I, with bench (non-jury) trials requiring only Tabs A, B, C, H, and I.

following (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): Tab A: Trial Briefs (Optional. If no Trial briefs are filed, leave Tab A empty.) 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 (full text adapted to the case and with all decisions as to bracketed matter duly incorporated). Tab G: Joint or Contested Verdict Form(s) Tab H: Joint Chart of Page and Line Designations for Deposition and 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

Joint exhibit list

Counsel and self-represented parties must jointly prepare and file an exhibit list with eight specified columns for each exhibit any party actually intends to offer at trial.

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 actually 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, (7) the date the exhibit was marked for identification, and (8) the date the exhibit was admitted into evidence.

CRITICAL

Applies to

Trial binder

Must include

caption, case number

The trial binder must be labeled on its front and spine with the notebook title, case caption, and case number.

The Trial binder shall be labelled on its FRONT and SPINE with the notebook title, the case caption, and case number.

CRITICAL

Applies to

Joint chart of page and line designations

Parties intending to use deposition or former trial testimony must meet and confer and jointly file a chart of page and line designations; testimony used only for impeachment need not be included.

If any parties intend to use deposition testimony or former Trial testimony in lieu of or in addition to a witness's live testimony, the 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 (Joint Chart of Page and Line Designations for Deposition and Former Testimony). The parties do not, however, need to include in the joint chart deposition testimony or former Trial testimony they plan on using for impeachment purposes only.

CRITICAL

Applies to

Joint witness list

The joint witness list must end with a grand total of all estimated witness testimony times, stated in weeks, days, hours, and minutes as appropriate.

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 in weeks, days, hours and minutes as appropriate.

CRITICAL

Applies to

Joint appendix

The joint appendix must include the agency decision followed by all pages cited in the briefs, arranged in numerical Bates-stamped order regardless of which party cited the page.

The joint appendix shall include the agency decision followed by the pages actually cited in the parties’ briefs. The pages in the joint appendix must be in numerical Bates-stamped order no matter which party cited the page.

CRITICAL

Applies to

Joint appendix

Petitioner is responsible for timely lodging a complete joint appendix even if opposing counsel fails to provide cited pages; if Petitioner is self-represented, Respondent or Real Party must prepare and lodge it.

Unless otherwise ordered, Petitioner has the responsibility to ensure that the joint appendix including all pages cited in the parties’ briefs is timely lodged with the court. The failure of opposing counsel to provide copies of the relevant pages cited in their opposition does not excuse this responsibility. Where the Petitioner is self-represented, Respondent or Real Party will be tasked to prepare and lodge the joint appendix.

CRITICAL

Applies to

Trial notebook and memory stick

Petitioner must timely prepare and lodge the trial notebook and memory stick; if Petitioner is self-represented, Respondent or Real Party must prepare them instead.

Unless otherwise ordered, Petitioner has the responsibility to timely prepare and lodge the trial notebook and memory stick. Where the Petitioner is self-represented, Respondent or Real Party will be tasked to prepare the trial notebook and memory stick.

CRITICAL

Applies to

Declaration

OSC cause must be in a written declaration based on personal knowledge, filed at least five days before hearing.

The Court requires cause to be presented in a written declaration, based upon personal knowledge, filed at least five days before the hearing date.

CRITICAL

Applies to

Memorandum

IDC memorandum opening paragraph must include neutral dispute statement and non-argumentative summary of each party's position.

The opening paragraph shall include: (1) a neutral statement of the dispute; and (2) a concise, non-argumentative summary of each party’s position.

CRITICAL

Applies to

Joint jury instructions

A disposition table listing all jury instructions by number, the proposing party or parties, and columns for the Court to mark given, modified, withdrawn, or refused must be submitted.

Submit a disposition table which lists all jury instructions by number, the identity of the party or parties proposing the instruction, and columns for the Court to indicate whether the instruction is given, modified, withdrawn, or refused.

CRITICAL

Applies to

Informal discovery conference memorandum

The IDC memorandum's opening paragraph must include a neutral statement of the dispute and a concise, non-argumentative summary of each party's position.

The opening paragraph shall include: (1) a neutral statement of the dispute; and (2) a concise, non-argumentative summary of each party’s position.

CRITICAL

Applies to

Joint jury instructions

Joint jury instructions must be submitted as fully completed CACI instructions with no remaining brackets or blanks, with disputed instructions submitted in separate sets identifying the proposing and opposing parties.

Submit a joint set of CACI instructions will all information filled in – no remaining brackets or blanks. If instructions are disputed, submit a separate set or sets indicating the party proposing and opposing the instruction.

CRITICAL

Applies to

Joint exhibit list

For exhibits a party intends to admit into evidence, please indicate the moving party, stipulations on authentication in one column and stipulations on admissibility in the next column. If there are no objections, please state the basis for any objection i.e., hearsay, etc.

For exhibits a party intends to admit into evidence, please indicate the moving party, stipulations on authentication in one column and stipulations on admissibility in the next column. If there are no objections, please state the basis for any objection i.e., hearsay, etc.

CRITICAL

Applies to

Order to show cause

For an order to show cause, the cause must be presented in a written declaration based upon personal knowledge.

The Court requires cause to be presented in a written declaration, based upon personal knowledge, filed at least five days before the hearing date.

CRITICAL

Applies to

Joint witness list

The joint witness list must include each witness once, with estimated total testimony time (direct, cross, re-direct) indicated for each witness.

All witnesses must be listed on one list. Do not repeat the name of a witness. Indicate the total time expected for that testimony, including direct, cross, and re-direct. At the end of the list, state the total time estimated for each witness’s testimony.

CRITICAL

Applies to

Ex parte application

An ex parte application must affirmatively show irreparable harm, immediate danger, or another statutory basis for relief, and must demonstrate why the relief cannot be obtained through other means such as a noticed motion.

Parties are advised to carefully evaluate whether a proper basis exists for 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).) The applicant shall demonstrate why the requested relief cannot be obtained through other means, such as a noticed motion.

CRITICAL

Applies to

Foreign language exhibit

Foreign-language exhibits must be accompanied by a certified English translation.

Exhibits written in a foreign language must be accompanied by a certified English translation.

CRITICAL

Applies to

Ccp 2034 260 expert declaration

By the FSC, counsel must present to the Court and opposing counsel a CCP section 2034.260 declaration stating the substance of each expert's proffered opinion.

As to all experts counsel intends to call at trial, no later than the FSC, Counsel shall present to the Court and opposing counsel a copy of the Code of Civil Procedure section 2034.260 declaration that states the substance of the proffered opinion.

CRITICAL

Applies to

Motion in limine

Must include

certificate of conference

Motions in limine must include a sworn declaration of meet and confer and opposing party's position.

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) and must be submitted with timely statutory notice to be heard at the final status conference.