Los Angeles Superior Court Document Filing Requirements

CRITICAL

Applies to

Trial briefs and joint lists

Parties must submit trial briefs, a joint exhibit list, and a joint witness list as described earlier in the order.

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

CRITICAL

Applies to

Proposed verdict form

The proposed special verdict form must be joint, easy for the jury to use without unnecessary questions, submitted electronically in Word on a thumb drive, or the Court may use a general verdict form.

The proposed special verdict form must be joint. Any proposed special verdict should be in form that is easily used by the jury, and which does not require the jury to answer unnecessary questions. Submit an electronic version of the verdict form in Word on a thumb drive. Failure of the parties to agree on a proper special verdict form may result in the Court's using a general verdict form.

CRITICAL

Applies to

Revised exhibit list

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

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

CRITICAL

Applies to

Motion in limine

Motions in limine seeking to preclude inadmissible or prejudicial matters before the jury must be accompanied by a declaration complying with Local Rule 3.57 and Kelly v. New West Federal Savings.

Each motion in limine for the purpose of precluding the mention or display of inadmissible and prejudicial matters in the presence of the jury shall be accompanied by a declaration in compliance with the requirements of Rule 3.57 of the Local Rules and must comply with Kelly v. New West Federal Savings (1996) 49 Cal. App.4th 659, 670-71.

CRITICAL

Applies to

Trial readiness binder

A Trial Readiness Binder containing conformed copies of specified trial documents must be presented to the Court at the Final Status Conference.

A Trial Readiness Binder must be presented to the Court at the FSC. The binder must contain conformed copies of the trial briefs, joint statement of the case. joint witness list, joint exhibit list, joint list of jury instructions, joint full-text jury instructions, joint verdict form, joint page-line designation chart, motions in limine, and current operative pleadings (including the operative complaint, answer, cross-complaint, if any, and answer to any cross-complaint).

CRITICAL

Applies to

Joint motion in limine document

If the parties file, collectively, more than five (5) motions in limine, they must file a joint document at least four (4) court days before the final status conference that (a) describes the motion, (b) has a one- paragraph argument in support and (c) has a one-paragraph argument in opposition.

If the parties file, collectively, more than five (5) motions in limine, they must file a joint document at least four (4) court days before the final status conference that (a) describes the motion, (b) has a one- paragraph argument in support and (c) has a one-paragraph argument in opposition.

CRITICAL

Applies to

Jury instructions

Parties must jointly prepare a complete set of full text proposed CACI jury instructions with party names inserted, blanks filled, and all brackets and irrelevant bracketed language eliminated.

The parties/counsel shall jointly prepare a complete set of full text proposed jury instructions, editing all proposed CACI, inserting party name(s) and all other information, filling in all blanks, and eliminating all brackets and irrelevant bracketed language.

CRITICAL

Applies to

Exhibit list

The exhibit list must identify each exhibit by number and brief description, include an 'Objections' column with objecting party and grounds, and far-right 'DATE ID'd' and 'DATE ADMITTED' columns, after a meet and confer on admissibility objections.

impeachment or rebuttal, must be listed on the list, identified by a number and brief description. The parties/counsel shall meet and confer in an effort to resolve objections to the admissibility of each exhibit. The exhibit list must have a column labeled "Objections". If any party has any objection to the admissibility of any exhibit, the objecting party must be identified, and the grounds for the objection must be set forth in the "Objections" column next to that exhibit. The exhibit list must have two columns on the far right labeled "DATE ID'd" and "DATE ADMITTED" in which the Court Clerk may note the dates of identification and admission of each exhibit.

CRITICAL

Applies to

Daily settled statement

Parties must meet and confer about court reporter arrangements, and if none is arranged, counsel must prepare daily settled statements summarizing each day's witness testimony.

The parties must meet and confer to discuss whether they plan to have a court reporter transcribe the trial proceedings. In order to ensure a proper record for appellate purposes, if the parties do not arrange for a court reporter, then Counsel for the parties will be required to prepare a daily settled statement summarizing witnesses' testimony who have testified each day at trial.

CRITICAL

Applies to

Jury instruction list

Parties must jointly file one list of proposed jury instructions in CACI numerical order with five specific columns for CACI number, title, proposer, objector, and court ruling.

The parties/counsel shall jointly prepare and file one list of proposed jury instructions, organized in CACI numerical order. The instruction list must have 5 columns labeled: "CACI #," "Title," "Proposed by," "Objections By," and "Given." If all parties agree on an instruction, indicate "joint" in the "Proposed By" column, and leave the "Objections By" column blank. Otherwise, indicate the party proposing the instruction in the "Proposed By" column and the party objection to the instruction in the "Objections By" column. Leave the "Given" column blank for the Court to decide whether the instruction was given.

CRITICAL

Applies to

Joint witness list

The joint witness list must identify each witness by name, specify which witnesses are experts, and estimate the length of the direct, cross examination and re-direct examination (if any) of each witness. In an additional column, the parties must total the time estimated for each witness's testimony. At the bottom of the witness list, the parties must total the time for all witnesses on direct, cross, and redirect. Make realistic time estimates. Absent good cause, the total number of hours listed for testimony should not exceed the trial estimate given at the CMC, including an allocation of one day for jury selection and one day for instructions, closing arguments, and deliberations. Identify all potential witness scheduling issues and special requirements, including interpreters on the witness list.

The joint witness list must identify each witness by name, specify which witnesses are experts, and estimate the length of the direct, cross examination and re-direct examination (if any) of each witness. In an additional column, the parties must total the time estimated for each witness's testimony. At the bottom of the witness list, the parties must total the time for all witnesses on direct, cross, and redirect. Make realistic time estimates. Absent good cause, the total number of hours listed for testimony should not exceed the trial estimate given at the CMC, including an allocation of one day for jury selection and one day for instructions, closing arguments, and deliberations. Identify all potential witness scheduling issues and special requirements, including interpreters on the witness list.

CRITICAL

Applies to

Daily proceedings summary

If no court reporter is used at trial, the parties must jointly prepare a daily proceedings summary 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, and lodge it in the courtroom the next morning before proceedings resume.

CRITICAL

Applies to

Joint witness list

Parties must submit a joint witness list with per-witness time estimates (direct, cross, redirect) and a total estimated testimony time at the end.

The parties must submit a joint list of all witnesses each party actually intends to call. Next to each witness, indicate the total time estimated for that witness's testimony (including direct, cross, redirect). Make realistic time estimates. At the end of the list, total the time estimated for testimony.

CRITICAL

Applies to

Jury instructions

Jury instructions must be submitted in full text (not just a list), with blanks filled in and modifications made in compliance with SCLAC 3.170-3.171, using CACI for form instructions.

The parties shall provide the full text of all requested instructions (not just a list). Before submitting the instructions, counsel must fill in the blanks, make any appropriate modifications, and comply with SCLAC 3.170 - 3.171. Use CACI for form instructions.

CRITICAL

Applies to

Ex parte application

An ex parte application must affirmatively show irreparable harm, immediate danger, or another statutory basis for ex parte relief under CRC 3.1202(c).

PLEASE CAREFULLY REVIEW WHETHER 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).)

CRITICAL

Applies to

Motion in limine

Must include

certificate of conference

Motions in limine must comply with SCLAC Rule 3.57's mandatory declaration and meet and confer requirements, and boilerplate or form motions are disfavored.

Compliance with SCLAC Rule 3.57, including the declaration and meet and confer requirements, is mandatory. Boilerplate or form motions in limine are disfavored.

CRITICAL

Applies to

Deposition designation chart

Parties using deposition or former trial testimony must meet and confer and jointly file a chart containing designations, objections, counter-designations, responses, and the Court's ruling.

If the parties/counsel intend to use deposition testimony or former trial testimony in lieu of any witness's live testimony, the parties/counsel shall meet and confer and jointly prepare and file a chart with columns for: 1) the line and page designations of the deposition or former testimony requested, 2) objections, 3) counter-designations, 4) any responses to the objections, and 5) the Court's ruling.

CRITICAL

Applies to

Ex parte application

Ex parte applicants must demonstrate why the requested relief cannot be obtained by other means, such as a noticed motion or continuance of the trial.

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, or continuance of the trial.

CRITICAL

Applies to

Special verdict form

The Court requires a single, finalized special verdict form, initialed by all counsel, using CACI model forms where applicable.

Use CACI model verdict forms where applicable. The Court requires a single, finalized special verdict form, initialed by all counsel, for use by the jury.

CRITICAL

Applies to

Joint witness list

Absent good cause, total listed testimony hours cannot exceed the trial estimate from the case management conference, including one day for jury selection and time for opening and closing arguments.

Absent good cause, the total number of hours listed for testimony shall not exceed the trial estimate given at the case management conference, including the allocation of one day of the trial estimate for jury selection and sufficient time for opening statements and closing arguments.

CRITICAL

Applies to

Motion

Must include

proposed order

If you have motions reserved under the Court Reservation System (CRS) for multiple hearing dates, please submit a proposed order for the motions to be heard on one date.

If you have motions reserved under the Court Reservation System (CRS) for multiple hearing dates, please submit a proposed order for the motions to be heard on one date.

CRITICAL

Applies to

Motion in limine

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 identify concisely the evidence the moving party seeks to preclude.

CRITICAL

Applies to

Joint witness list

Counsel must jointly prepare a witness list of all intended trial witnesses (excluding impeachment and rebuttal), identifying each witness by name and expert status.

Counsel shall cooperate in the preparation of a joint list of all witnesses each party intends to call (excluding impeachment and rebuttal witnesses). (Local Rules, rule 3.25(g)(5).) The joint witness list shall identify each witness by name, specify which witnesses are experts, identify which

CRITICAL

Applies to

Witness list

Counsel must deliver a written witness list to the clerk each morning listing that day's witnesses with their full correct names and the order in which they will be called.

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

CRITICAL

Applies to

Trial brief

Each party must file a trial brief, unless the parties instead file a joint trial brief.

Each party must file a trial brief, or the parties may file a joint trial brief if they wish.

CRITICAL

Applies to

Transcripts of audio recordings

Under CRC rule 2.1040, the parties must prepare transcripts of all audio recordings.

Transcripts: California Rules of Court (“CRC”), rule 2.1040 requires the parties to prepare transcripts of all audio recordings.

CRITICAL

Applies to

Joint list of proposed jury instructions

Parties must jointly prepare and file a list of proposed jury instructions organized in numerical order that identifies the agreed-upon and contested instructions.

The parties shall prepare and file jointly a list of proposed jury instructions, organized in numerical order, specifying the instructions upon which all sides agree and the contested instructions, if any.

CRITICAL

Applies to

Daily summaries of testimony

In trials without a court reporter or electronic recording, counsel must provide the court with daily summaries of testimony.

For trials in which there is no court reporter or electronic recording, counsel are required to provide the court with daily summaries of testimony.

CRITICAL

Applies to

Motion in limine

Motions in limine must identify the specific evidence targeted, may not substitute for statutorily authorized dispositive motions, and boilerplate forms are strongly discouraged.

Motions in limine may not be used as substitutes for statutorily authorized dispositive motions. (Amtower v. Photon Dynamics, Inc. (2008) 158 Cal.App.4th 1582, 1594.) A motion in limine must identify the specific evidence to which it is directed. Form or boilerplate motions in limine are strongly discouraged.

CRITICAL

Applies to

Evidentiary objections

Evidentiary objections filed in connection with a motion for summary judgment or summary adjudication must comply with CRC, rule 3.1354.

Evidentiary objections. Counsel filing evidentiary objections in connection with a motion for summary judgment or summary adjudication shall comply with CRC, rule 3.1354.

CRITICAL

Applies to

Meet and confer declaration

If counsel cannot secure another party's participation in the meet and confer, counsel must file a declaration detailing the efforts taken to initiate meet and confer discussions.

If counsel cannot secure the participation of another party/counsel in the meet and confer discussions, counsel must (1) file a declaration detailing the efforts taken to initiate meet and confer discussions, and (2) file a separate set of Trial Readiness Documents and Trial Exhibits.

CRITICAL

Applies to

Non caci proposed jury instructions

Proposed Non-CACI jury instructions must include case citations supporting the request for their inclusion.

For Non-CACI instructions, the proposed instructions must contain case citations that support the party’s request for inclusion of the instruction.

CRITICAL

Applies to

Full text proposed jury instructions

For jury trials, parties must jointly prepare a complete set of full-text proposed jury instructions, editing all CACI instructions, inserting party names, and eliminating blanks and inapplicable material.

For jury trials, the parties shall work together to prepare a complete set of full-text proposed jury instructions, editing all proposed CACI instructions, inserting party names, and eliminating blanks and other irrelevant or inapplicable material.

CRITICAL

Applies to

Joint exhibit list

Evidentiary objections not stated in writing on the joint exhibit list are deemed waived unless the party shows good cause.

Objections not stated in writing on the exhibit list shall be deemed waived except upon a showing of good cause.

CRITICAL

Applies to

Document production

Both plaintiff and defendant must serve verifications together with the documents they produce in discovery.

Plaintiff and defendant shall serve verifications with the documents they produce.

CRITICAL

Applies to

Joint witness list

The joint witness list must include time estimates for witnesses presented via video deposition excerpts or transcript reading, comply with Local Rule 3.25(h)'s reasonable and accurate estimate requirement, and provide a grand total of estimated examination time.

The joint witness list must also include time estimates for any witness whose testimony is intended to be presented by playing video deposition excerpts or by reading transcripts of depositions or former testimony. All time estimates must comply with Local Rules, rule 3.25(h), which requires counsel to provide the Court with reasonable and accurate time estimates. The list must also provide a calculation of the total estimated time for the examination of all listed witnesses (i.e., a grand total).

CRITICAL

Applies to

Jury instructions

Counsel must fill in the blanks and remove unnecessary brackets in CACI instructions before submitting them.

Counsel are to fill in the blanks and to remove unnecessary brackets in the CACI instructions.

CRITICAL

Applies to

Recording transcript

The proponent of a recording must bring the transcript to the Final Status Conference so the Court can rule on any objections.

The proponent of the recording must bring their transcripts to the FSC so the Court may rule on any objections to the transcripts.

CRITICAL

Applies to

Daily proceedings summary

If no court reporter is used at trial, the parties must jointly prepare a daily proceedings summary including detailed witness testimony and lodge it the next morning before proceedings resume.

The Court strongly encourages the parties to arrange for a court reporter for trial. If no court reporter is used, the parties must jointly prepare a summary of the day’s proceedings, including a detailed summary of any witness testimony, and lodge the daily summary the next morning before proceedings resume.

CRITICAL

Applies to

Joint witness list

The joint witness list must identify scheduling issues, special requirements (interpreters, ADA accommodations), remote-testimony status, and expert witnesses, and should include only witnesses who will actually be called.

The list must identify potential witness scheduling issues and special requirements, including whether any interpreters will be necessary and whether any ADA accommodation is anticipated. The list must identify whether the witness will testify remotely. A witness who is being called as expert must be identified as an expert. Counsel should include only those witnesses who are going to be called.

CRITICAL

Applies to

Joint exhibit list

The parties must prepare and file a joint exhibit list with columns identifying each exhibit and stating each party's evidentiary objections.

The parties shall prepare and file a joint exhibit list organized with columns identifying each exhibit and specifying each party's evidentiary objections, if any, to the admission of each exhibit.

CRITICAL

Applies to

Exhibits

Demonstrative evidence, blow-ups, and transcripts must be marked for identification and included on the joint exhibit list.

Demonstrative evidence, blow-ups, and transcripts must be marked for identification and included on the exhibit list.

CRITICAL

Applies to

Joint statement of the case

In jury trials the parties must file a joint written statement of the case (brief and non-argumentative) for the court to read to the jury, or separate statements if they cannot agree after meet and confer.

For jury trials, the parties shall prepare and file a joint written statement of the case for the Court to read to the jury. (Local Rules, rule 3.25(g)(4).) The purpose of the joint statement is to inform prospective jurors of the identities of the parties and the general subject matter of the trial; as such, it should be brief and should not be argumentative. If, after efforts to meet and confer, the parties cannot agree on a written joint statement, each party shall file a separate statement of the case.

CRITICAL

Applies to

Joint exhibit list

Failure to file a timely joint exhibit list may result in the Court prohibiting use of exhibits at trial, per Local Rule 3.25(g)(3).

A failure to file a timely exhibit list may result in the Court prohibiting the use of exhibits at trial. (Local Rules, rule 3.25(g)(3).)

CRITICAL

Applies to

Recording transcript

Counsel must bring copies of recording transcripts to distribute to the jury and alternates.

Counsel is responsible for bringing copies of the transcript to pass out for the jury and alternates.

CRITICAL

Applies to

Joint chart of page and line designations

If deposition or former trial testimony will be used in lieu of or in addition to live testimony, the parties must meet and confer and jointly prepare and file a Joint Chart of Page and Line Designations for Deposition and Former Testimony.

If the parties intend to use deposition testimony or former trial testimony in lieu of or in addition to a witness’s live testimony, the 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”).

CRITICAL

Applies to

Joint witness list

The joint witness list must include time estimates for each witness who will be presented through prior testimony.

In addition to preparing a chart of designations and counter-designations, counsel must ensure that the joint witness list (described above) includes time estimates for each witness who will be presented through prior testimony.

CRITICAL

Applies to

Transcripts of audio recordings

The parties must meet and confer on transcript contents before the FSC to resolve objections, and the transcript proponent must bring copies to the FSC so the Court can rule on objections.

The parties must meet and confer regarding the contents of any such transcripts prior to the FSC to resolve any objections. The proponent of the transcript must bring a copy of the transcripts to the FSC so the Court may rule on any objections.

CRITICAL

Applies to

Operative pleadings

Parties must submit conformed copies of the operative pleadings, including the operative complaint, answer, and any cross-complaints and answers thereto.

The parties must submit conformed copies of the operative pleadings (including the operative complaint, answer, cross-complaint, if any, and answer to any cross-complaint.)

CRITICAL

Applies to

Joint witness list

Witnesses not on the joint witness list are excluded except for impeachment or rebuttal testimony, both parties must ensure attendance of a mutually desired listed witness, and eliciting testimony from an unlisted witness requires a prior showing of good cause.

Any witness who is not included on the joint witness list is subject to exclusion other than for purposes of giving actual impeachment or rebuttal testimony. If a party includes a witness on the list and the opposing party similarly wants the witness to be called, both parties must ensure the witness’s attendance in case the original designating party decides not to call the witness. Any party who seeks to elicit testimony from a witness not identified on the witness list must first make a showing of good cause.