Los Angeles Superior Court Document Filing Requirements

CRITICAL

Applies to

Motion in limine

Must include

certificate of conference

Every motion in limine must include a sworn declaration attesting to conferral with the opposing party and stating their position, and must be filed with timely statutory notice to be heard at the FSC.

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.

CRITICAL

Applies to

Joint witness list

Counsel and self-represented parties must meet and confer to prepare and file a joint list of intended trial witnesses, excluding impeachment and rebuttal witnesses.

4. JOINT WITNESS LIST: File and lodge five (5) court days before the FSC The parties’ counsel and any self-represented parties shall meet and confer to prepare and file a joint list of all witnesses whom any party intends to call at trial, excluding impeachment and rebuttal witnesses.

CRITICAL

Applies to

Trial brief

Trial briefs are mandatory and must contain a brief description of the claims, defenses, and issues, along with ultimate facts or issues for stipulation.

1. TRIAL BRIEFS: File and lodge five (5) court days before the FSC and shall not exceed fifteen (15) pages. Trial briefs are mandatory in all cases and shall include: 1. A brief description of the claims and defenses presented and the issues to be decided. 2. Statement of ultimate facts or issues to which you will stipulate.

CRITICAL

Applies to

Trial brief

Trial briefs must also address established facts, contested factual and legal issues, evidentiary issues, requested relief and damages, other helpful information, opening-statement time, and any intended mini opening in jury trials.

3. Those facts established by admissions in pleadings, by discovery and/or stipulation by counsel. 4. All contested issues of fact. 5. All contested issues of law, together with points and authorities supporting the party’s position. 6. A list of major evidentiary issues anticipated and points and authorities in support of the party’s position. 7. A detailed statement of the relief claimed including a breakdown of the elements of damages claimed. 8. Any other information that will assist the Court. 9. Time estimate of opening statement. 10. Confirm whether the party and/or counsel intends to make a mini opening statement (applies only to jury trials).

CRITICAL

Applies to

Joint chart of page and line designations

The designating party’s portion of the joint chart must include columns for each specified designation, witness, testimony, objection, counter-designation, and ruling detail.

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

Non-documentary exhibits must be marked, with a simple written description placed behind the corresponding numerical tab.

The parties’ counsel and any self- represented parties shall mark all non-documentary exhibits and insert a simple written description of the exhibit behind the corresponding numerical tab in the Exhibit Binders.

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

Opposition and reply papers must identify the corresponding motion number in their captions.

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

CRITICAL

Applies to

Joint chart of page and line designations

The counter-designating party’s portion of the joint chart must include columns for each specified counter-designation, witness, testimony, objection, related designation, and ruling detail.

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

Statement of the case

Counsel must meet and confer to prepare a joint, short, non-argumentative statement suitable for reading to the jury and lodge it five court days before the FSC.

2. STATEMENT OF THE CASE: File and lodge five (5) court days before the FSC Counsel shall meet and confer to prepare a JOINT short, non-argumentative written statement of the case suitable to be read to the jury and shall lodge the Statement of the Case five (5) court days prior to the FSC.

CRITICAL

Applies to

Trial binder

No later than five court days before the Final Status Conference, the parties’ counsel and any self-represented parties shall jointly prepare and lodge in Department B a Trial Binder, consisting of one-sided, conformed copies, tabbed and organized in a three-ring binder with a table of contents that includes the following (for trials by the court without a jury, the Trial Binder shall include only the documents listed under Tabs A, B, C, H, and I): 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 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).

No later than five court days before the Final Status Conference, the parties’ counsel and any self-represented parties shall jointly prepare and lodge in Department B a Trial Binder, consisting of one-sided, conformed copies, tabbed and organized in a three-ring binder with a table of contents that includes the following (for trials by the court without a jury, the Trial Binder shall include only the documents listed under Tabs A, B, C, H, and I): 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 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

Proposed voir dire questions

The parties must serve and file proposed voir dire questions for the Court five court days before the FSC.

Five (5) court days prior to the FSC the partes shall serve and file proposed Voir Dire questions for the Court.

CRITICAL

Applies to

Jury instructions

Proposed jury instructions behind Tab F must be grouped in the specified order and labeled with cover sheets.

The parties shall organize proposed jury instructions into groups behind Tab F in the following order (labeled by cover sheets): (1) 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

Verdict form

Counsel must meet and confer to prepare a joint general or special verdict form for the jury.

Counsel shall meet and confer to prepare a JOINT General Verdict Form or Special Verdict Form to be presented to the jury.

CRITICAL

Applies to

Proposed jury instructions

For jury trials, the parties must prepare complete full-text proposed instructions, editing CACI instructions to insert party names and remove blanks and inapplicable material.

For jury trials, the parties’ counsel and any self-represented parties shall meet and confer 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 of page and line designations

The parties must attach the designated transcript pages to the joint chart, using numbered tabs to separate each deposition or trial transcript.

The parties shall attach copies of the pages of the transcripts of the deposition or former testimony they are designating or counter-designating to the Joint Chart of Page and Line Designations for Deposition and Former Testimony, with numbered tabs separating each deposition or trial transcript.

CRITICAL

Applies to

Joint exhibit list

Counsel and self-represented parties must meet and confer to prepare and file a joint exhibit list in the specified column format.

5. JOINT EXHIBIT LIST: File and lodge five (5) court days before the FSC The parties’ counsel and any self-represented parties shall meet and confer to prepare and file a joint exhibit list organized with columns (in the format set forth below) which state, as to each exhibit any party intends to offer

CRITICAL

Applies to

Exhibits

One set of Exhibit Binders must be brought to the Final Status Conference for the court’s review.

The parties’ counsel and any self-represented parties shall bring one set of the Exhibit Binders to the Final Status Conference for the court to review.

CRITICAL

Applies to

Joint list of proposed jury instructions

For jury trials, the parties must prepare and file a joint list of proposed instructions in numerical order with the specified information for each instruction.

For jury trials, the parties’ counsel and any self-represented parties shall meet and confer 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.

CRITICAL

Applies to

Motion in limine

Each motion in limine caption must concisely identify the evidence the moving party seeks to exclude.

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

CRITICAL

Applies to

Motion in limine

Counsel and self-represented parties must comply with the specified statutory notice provisions and file declarations meeting the cited local rule.

The parties’ counsel and any self represented parties shall comply with the statutory notice provisions of Code of Civil Procedure section 1005 and file declarations that comply with the requirements of Los Angeles County Court Rule 3.57, subdivision (a).

CRITICAL

Applies to

Exhibits

The Judicial Assistant’s Exhibit Binder copy must have a yellow evidence tag on each exhibit, filled in only with the case number and exhibit number.

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

Trial binder

Tab J of the Trial Binder must contain motions in limine unless they are too voluminous and require a separate binder.

Tab J: Motions in Limine, unless they are too voluminous and require their own binder.

CRITICAL

Applies to

Meet and confer

Counsel and self-represented parties must meet and confer no later than 11 calendar days before the Final Status Conference on the specified trial-preparation matters.

No later than 11 calendar days before the Final Status Conference, the parties’ counsel and any self-represented parties shall meet and confer to do the following: (1) discuss and prepare the documents required in Sections 2.B-H below, and the Motions in Limine Binder, Exhibit Binders, and Trial Binder required in Sections 3-5 below, (2) discuss and make a good faith effort to stipulate to the authenticity and admissibility of each trial exhibit, (3) discuss and make a good faith effort to stipulate to resolve each motion in limine, (4) discuss and make a good faith effort to stipulate to ultimate facts and legal issues, and (5) discuss and make a good faith effort to settle the case.

CRITICAL

Applies to

Joint witness list

The joint witness list must use the specified columns for witness identity and accommodations, calling party, expected testimony, testimony description, and estimated examination times.

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), if the witness is being called to testify as an expert, and any special requirements or accommodations needed for the witness (e.g., interpreter), (2) the party calling the witness, (3) whether the witness is actually expected to testify, (4) a brief description of the witness’s expected testimony, (5) an estimate of the length of direct examination (in hours), (6) an estimate of the length of cross-examination (in hours), and (7) the total estimated length of examination (in hours).

CRITICAL

Applies to

Joint witness list

The joint witness list must include the grand total of estimated witness testimony time in its last column.

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

CRITICAL

Applies to

Joint statement of the case

For jury trials, the parties must prepare and file a brief joint written case statement for the court to read to the jury.

For jury trials, the parties’ counsel and any self-represented parties shall meet and confer to prepare and file a brief, joint written statement of the case for the court to read to the jury.

CRITICAL

Applies to

Jury instructions

Each counsel must submit the additional jury instructions they requested that were not agreed to by opposing counsel, edited to conform to the specifics of the case.

Each counsel is responsible to submit those additional instructions requested by them and not agreed to by opposing counsel, edited to conform to the specifics of the case.

CRITICAL

Applies to

Joint witness list

Counsel and self-represented parties must jointly prepare and file a witness list (excluding impeachment and rebuttal witnesses) organized in the specified column format.

The parties' counsel and any self-represented parties shall work together to prepare and file a joint witness list, excluding impeachment and rebuttal witnesses. The joint witness list shall be organized with columns in the format set forth below:

CRITICAL

Applies to

Declaration of service efforts

If not all defendants have been served, plaintiff must file a declaration explaining the service efforts undertaken.

If all defendants have not been served, plaintiff or plaintiff's counsel must submit a declaration to the court at least five (5) days prior to the hearing explaining what efforts have been undertaken to accomplish service. CRC 3.110.

CRITICAL

Applies to

Joint summary of testimony and evidence

If no court reporter is provided, the parties must jointly prepare a daily summary of testimony and admitted evidence for the court's use in preparing a settled statement for appeal.

Should the parties not provide a court reporter, the parties will be required to provide a joint summary of the testimony and evidence admitted each day for the court's use in preparing a settled statement for appeal purposes.

CRITICAL

Applies to

Exhibit list

Each party must prepare an exhibit list using the specified column format.

Each party must prepare an exhibit list with columns in the format set forth below:

CRITICAL

Applies to

Motion in limine

Before filing motions in limine, parties must comply with CCP section 1005 notice provisions and Los Angeles County Local Rule 3.57(a).

Before filing motions in limine, the parties/counsel shall comply with the statutory notice provisions of Code of Civil Procedure section 1005 and the requirements of Los Angeles County Local Rule 3.57(a).

CRITICAL

Applies to

Joint witness list

Parties must file a signed joint witness list (excluding impeachment and rebuttal witnesses) identifying each witness by name, expected testimony, expert status, estimated direct/cross/re-direct time, total testimony hours, scheduling issues, and special requirements, with no duplicate names.

The parties/counsel shall work together and file a joint list of all witnesses that each party intends to call, excluding impeachment and rebuttal witnesses. (Local Rule 3.25(g)(5).) The joint witness list shall identify each witness by name, a general description of expected testimony, specify which witnesses are experts, estimate the length of direct examination, cross-examination, and re-direct examination of each, and include a total of the number of hours for all witness testimony at the end. There should be no duplicate names on the list. The parties shall identify all potential witness scheduling issues and special requirements. The parties/counsel shall sign the joint witness list.

CRITICAL

Applies to

Joint statement of case

For jury trials, the parties must file a signed, neutral joint statement of the case of no more than 2 paragraphs for the Court to read to the jury.

For jury trials, the parties/counsel shall prepare a joint written statement of the case for the Court to read to the jury. (Local Rule 3.25(g)(4).) The joint statement shall be a neutral short statement of the case and not exceed 2 paragraphs. The parties/counsel shall sign the joint statement.

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 the motions consecutively.

CRITICAL

Applies to

Opposition and reply brief

Must include

caption

Oppositions and replies to motions in limine must identify the corresponding motion number in the caption of their pages.

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

CRITICAL

Applies to

Deposition designation chart

Parties using deposition or former trial testimony must meet and confer and file a signed designation chart with columns for page/line designations, objections, counter-designations, responses, and Court rulings.

If the parties intend to use deposition testimony or former trial testimony in lieu of any witness's live testimony, the parties shall meet-and-confer and jointly prepare and file a chart with columns for each of the following: (1) the page and line designations of the deposition or former testimony requested for use, (2) objections, (3) counter-designations, (4) any responses thereto, and (5) the Court's rulings. The objecting party shall specify all objections in the respective column. The parties/counsel shall sign the designations.

CRITICAL

Applies to

Jury instructions

Special jury instructions must be jury-ready showing only number, title, and text (no requesting-party indication); CACI instructions are preferred over substitutes; substantively modified CACI instructions must be prominently identified; and uncontested and contested instructions must be separated into subsections.

The parties shall prepare special instructions printed in a format ready for submission to the jury with the instruction number, title, and text only (i.e. there should be no boxes or other indication on the printed instruction itself as to the requesting party). Where there is an available CACI instruction, the Court will generally not give a substituted special instruction. Substantively modified CACI instructions beyond bracketed language must be prominently identified. Uncontested and contested instructions shall be separated into subsections, with all uncontested instructions together, and all contested instructions together.

CRITICAL

Applies to

Case management conference

Must include

declaration

Plaintiff must submit a declaration of service efforts 5 days before case management conference if defendants not served.

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. Cal. Rules of Court, rule 3.110.

CRITICAL

Applies to

Motion in limine

Each motion in limine must identify the specific evidence or witness sought to be limited or excluded, and lack of specificity may result in summary denial.

Each motion in limine must identify a specific item or category of evidence, or a specific witness, that is sought to be limited or excluded. Lack of specificity in the request may result in a summary denial of the motion.

CRITICAL

Applies to

Discovery motion

In Song-Beverly Warranty Act discovery disputes, parties must identify each disputed item, quote the corresponding Dept. 410 guideline, and explain what dispute remains, or the motion to compel hearing may be continued.

Any discovery dispute that comes before the Court in a Song-Beverly Warranty Act case, either in a MCC or in a discovery motion, shall identify with specificity each discovery item in dispute, cross-reference and quote the corresponding relevant Dept. 410’s Courtroom guideline for Song-Beverly discovery disputes (if any), and advise the Court as to what dispute remains after reviewing the relevant corresponding guideline, which party asserts the remaining dispute, and why it contends a dispute remains beyond the Courtroom’s corresponding guideline. The failure to do so may result in the hearing on the motion to compel being continued until after such identification is made.

CRITICAL

Applies to

Ex parte application

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

Ex parte applications are reserved for exigent circumstances and must comply with Cal. Rules of Court, 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

Verdict form

Parties must file a joint proposed verdict form; if they cannot agree, the Court prefers one joint form with redlines showing disputed language, and parties should bring an editable electronic copy to the FSC and trial.

The parties/counsel shall prepare and file a joint proposed general verdict form or special verdict form acceptable to all sides. (Local Rule 3.25(g)(8).) If the parties/counsel cannot agree on a joint verdict form, and if feasible, the Court prefers a single proposed joint verdict form with redlines identifying each party's proposed language where the language is disputed. The parties should bring an electronic copy of their proposed verdict form to the FSC and to trial, ready to be edited in the courtroom.

CRITICAL

Applies to

Motion in limine

Motions in limine must comply with Local Rule 3.57, including the required declaration if applicable.

When filing motions in limine, the parties must comply with Local Rule 3.57, including the required declaration, if applicable.

CRITICAL

Applies to

Joint exhibit list

Parties must file a signed joint exhibit list with columns for exhibits, stipulations, and objections, after meeting and conferring on each exhibit and marking the results of that conference.

The parties/counsel shall prepare and file a joint exhibit list organized with columns identifying each exhibit, stipulations as to admissibility and/or authenticity, and specifying each party's evidentiary objections, if any, to admission of each exhibit. The parties/counsel shall meet and confer as to each individual exhibit in an effort to resolve objections to the authenticity and admissibility of each individual exhibit, and thereafter mark the appropriate box to advise the Court of the results of that meet and confer. The parties/counsel shall sign the joint exhibit list.

CRITICAL

Applies to

Proposed jury instructions list

Parties must jointly file a signed list of proposed jury instructions in numerical order identifying agreed and contested instructions, with a space for the Court to note whether each instruction was given.

The parties/counsel shall jointly prepare and file a list of proposed jury instructions, organized in numerical order, specifying the instructions upon which all sides agree and the contested instructions, if any. The list of proposed jury instructions must include a space by each instruction for the Court to indicate whether the instruction was given. The parties/counsel shall sign the joint list of proposed jury instructions.

CRITICAL

Applies to

Stipulated request for order

Must include

proposed order

A separately filed proposed order is required for a stipulated request for an order.

A separately filed proposed order is required for a stipulated request for an order.

CRITICAL

Applies to

Motion in limine

Must include

caption

Each motion in limine's caption must concisely identify the evidence the moving party seeks to preclude.

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

CRITICAL

Applies to

Ex parte application

Must include

declaration

Ex parte applications must include a declaration with affirmative factual showing of exigent circumstances per CRC 3.1202(c).

Ex parte applications are reserved for exigent circumstances and must comply with Cal. Rules of Court, 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.”