Los Angeles Superior Court Document Filing Requirements

CRITICAL

Applies to

Proposed verdict form

If parties cannot agree on a verdict form, each must submit a proposed verdict form, and any special verdict should be easy for the jury to use without unnecessary questions.

If the parties cannot agree on the verdict form, each party must submit a proposed verdict form. Any proposed special verdict should be in a form that is easily used by the jury, and which does not require the jury to answer unnecessary questions.

CRITICAL

Applies to

Ex parte application

Ex parte applications must comply with CRC 3.1200–3.1207 and LASC Rule 3.26, including proof of the required notice and an affirmative factual showing of good cause, and are commonly denied for failure to prove notice or why the matter could not be a noticed motion.

EX-PARTE APPLICATIONS: Before bringing an ex parte application, all parties should review California Rules of Court 3.1200 – 3.1207 and Los Angeles County Superior court Rule 3.26. Please pay particular attention to the notice requirements and the requirement of an affirmative factual showing of good cause. Among the most common grounds for denial of an ex parte application is the failure to provide proof of the required notice and/or failure to prove why the application could not be brought as a noticed motion. An "emergency" caused by procrastination or other unexcused delay on the part of the applicant is not grounds for ex parte relief.

CRITICAL

Applies to

Motions in limine

Motions in Limine must be drafted in accordance with LASC Rule 3.57 and served and filed.

Motions in Limine, if any, which must be drafted in accordance with LASC Rule 3.57 and served and filed;

CRITICAL

Applies to

Joint exhibits

All exhibits must be exchanged between the parties before trial.

All exhibits must be exchanged prior to trial;

CRITICAL

Applies to

Trial binder

The trial binder must include conformed copies of the operative pleadings, Joint Statement of the Case (jury trials), Motions in Limine complying with LASC Rule 3.57, a Joint Witness List with testimony details, joint exhibits with a Joint Exhibit List, and edited joint proposed jury instructions and verdict forms (jury trials).

i. Copies of the current operative pleadings (including the operative complaint and answer); ii. Joint Statement of the Case (if a jury trial); iii. Motions in Limine, if any, which must be drafted in accordance with LASC Rule 3.57 and served and filed; iv. Joint Witness List disclosing the witnesses who will be called, what they will testify to, whether an interpreter is needed, and how long their testimony will take; v. Joint exhibits in exhibit books, numbered appropriately, and a Joint Exhibit List (See LASC Rules 3.52 and 3.53). All exhibits must be exchanged prior to trial; vi. Edited Joint Proposed Jury Instruction printed out for the Court (if a jury trial);

CRITICAL

Applies to

Ex parte application

The Court may rule on the ex parte papers without any oral argument if a hearing is deemed unnecessary. With that in mind, please include all necessary information and evidence in the ex parte application; waiting to present evidence at oral argument may result in denial of the application.

The Court may rule on the ex parte papers without any oral argument if a hearing is deemed unnecessary. With that in mind, please include all necessary information and evidence in the ex parte application; waiting to present evidence at oral argument may result in denial of the application.

CRITICAL

Applies to

Jury trial fsc filings

a. Motions in Limine (if any), b. Trial Briefs, c. Joint Witness List, d. Joint Exhibit List, e. Joint Statement of the Case, f. Joint Jury Instructions, g. Joint Verdict Form, and,

a. Motions in Limine (if any), b. Trial Briefs, c. Joint Witness List, d. Joint Exhibit List, e. Joint Statement of the Case, f. Joint Jury Instructions, g. Joint Verdict Form, and,

CRITICAL

Applies to

Exhibit list

Parties must jointly prepare and exchange a completed Exhibit List identifying each document and item of physical evidence and any stipulations to authenticity or admissibility.

All parties must jointly prepare and exchange a completed Exhibit List, indicating each document and item of physical evidence, and whether there is a stipulation to authenticity and/or admissibility.

CRITICAL

Applies to

Jury instructions

Jury instructions must be submitted as a jointly submitted packet of unopposed instructions, with each party's disputed instructions separately submitted and inserted into that packet for the Court's consideration.

A jointly submitted packet of all requested and properly edited jury instructions to which there is no objection. Each party shall also submit specifically requested and properly edited instructions not requested by the opposing counsel/party. These instructions shall be inserted into the aforementioned packet of the jointly submitted jury instructions, all to be considered and discussed by the Court at an appropriate time during the pendency of the trial.

CRITICAL

Applies to

Discovery material list

Each party must prepare a list of discovery material intended for use at trial, specifically identifying the date, document, page and line for each item.

Each party must prepare a list of discovery material intended to be used at trial, including but not limited to interrogatories and requests for admissions and any responses thereto as well as deposition(s), all of which shall specifically identify the date, document, page and line.

CRITICAL

Applies to

Ex parte application

Must include

proposed order

The Court will not consider an Ex Parte application unless it is submitted with a proposed order.

Please note that the Court may not consider Ex Parte applications submitted/filed without a proposed order.

CRITICAL

Applies to

Trial brief

Trial briefs are mandatory for all court and jury trials and must include eight specified content items, including descriptions of causes of action and defenses, stipulated facts, contested issues of fact and law with points and authorities, anticipated evidentiary issues, and a detailed damages breakdown.

Trial briefs are mandatory for all (both Court and jury) trials and must include the following information and not exceed 20 pages: 1) A brief description of each cause of action and key affirmative defenses presented and the issues to be decided; 2) Statement of ultimate facts or issues to which you will stipulate; 3) Those facts established by admissions in pleadings; admissions by discovery and/or stipulation of the parties; 4) All contested issues of fact; 5) All contested issues of law, together with points and authorities supporting the position of the parties; 6) A list of major evidentiary issues anticipated, any relevant points and authorities supporting the position of the parties; 7) A detailed statement of the damages and relief claimed, including a specific breakdown of the elements of damages claimed and the amount sought; and, 8) Any other information that will assist the Court.

CRITICAL

Applies to

Depositions

Originals of depositions or other discovery responses intended for use at trial must be lodged with the Court at the time of trial.

If depositions or other discovery responses are intended to be used at trial, originals shall be lodged with the Court at the time of trial.

CRITICAL

Applies to

Jury instruction

Each proposed jury instruction must identify who requested it, whether it is to be given as requested or modified, whether it is withdrawn, and must include a signature line for the Court.

requesting the instruction; B) Whether the instruction is to be given as requested or modified; C) Whether the instruction is withdrawn; and D) A signature line for the Court.

CRITICAL

Applies to

Special verdict form

A joint special verdict form is mandatory and must be prepared in final form adapted to CACI.

A special verdict form is mandatory and shall be jointly prepared in final form. This special verdict form shall be adapted to CACI with proper spacing, particularly noted to allow for both clarity and direction.

CRITICAL

Applies to

In limine motion

Objections to the use of discovery material must be raised by way of an in limine motion.

Any objections to the use of discovery material shall be done by way of an in limine motion.

CRITICAL

Applies to

Ex parte application

Must include

proposed order

Ex parte applications must include a proposed order and be e-filed by 10:00 a.m. the court day before the hearing.

Ex Parte applications, supporting documents, and a proposed order must be electronically filed no later than 10:00 a.m. the court day before the Ex Parte hearing.

CRITICAL

Applies to

Exhibit binder

The exhibit binders must include the exhibit list.

The exhibit list must be included in the binders.

CRITICAL

Applies to

Joint statement of the case

Parties must submit a printed copy of a jointly prepared, short, non-argumentative written statement of the case to be read to the jury.

The parties shall submit a printed copy of the jointly prepared, short, non-argumentative written statement of the case to be read to the jury.

CRITICAL

Applies to

Final status conference preparation

All parties must meet and confer and/or exchange information at least 15 court days before the FSC, and failure to timely comply with any item of the FSC order may result in sanctions including monetary sanctions, exclusion of evidence, issue preclusion, denial of a claim or defense, dismissal, or contempt.

All parties shall meet and confer and/or exchange information at least fifteen (15) court days before the FSC as required by this order and Los Angeles County Court Rules, Rule 3.25(g). Any failure to timely comply with any item required by this order shall subject any such non-complying party to the imposition of appropriate sanctions, including but not limited to monetary, exclusion of evidence, issue preclusion, denial of a claim or defense, dismissal, or contempt (pursuant to CCP §§128.5, 177.5, 575.5 and 583.410; Government Code §68608, CRC Rule 526).

CRITICAL

Applies to

Discovery designation

A proffering party must identify in writing the deponent's name and the page and line numbers of any deposition video excerpt proposed for use at trial.

For example, if a party proposes to read or show a video excerpt from a deposition, the proffering party must identify in writing the name of the deponent, page, and line numbers to opposing counsel

CRITICAL

Applies to

Ex parte application

Must include

proposed order

Ex parte filings must include a proposed order.

Ex Parte applications, supporting documents, and a proposed order must be electronically filed no later than 10:00 a.m. the court day before the Ex Parte hearing.

CRITICAL

Applies to

Court trial fsc filings

Court trials require the filing of Motions in Limine (if any), Trial Briefs, a Joint Witness List, and a Joint Exhibit List before the FSC.

a. Motions in Limine (if any), b. Trial Briefs, c. Joint Witness List, and d. Joint Exhibit List.

CRITICAL

Applies to

Motion in limine

Motions in limine must be noticed for hearing at the Final Status Conference and must comply with Code of Civil Procedure section 1005 notice provisions and Local Rule 3.57(a) declaration requirements.

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 section 1005 and file declarations that comply with the requirements of Local Rule 3.57, subdivision (a).

CRITICAL

Applies to

Joint designation chart

Parties intending to use deposition or former trial testimony must meet and confer and file a joint designation chart with five required columns; testimony used for impeachment purposes only 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 of former testimony the parties intend to use. 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. In the joint chart, each designating party's designations (or counter-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 testimony requested to be used, (4) any objections, and (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.

CRITICAL

Applies to

Proposed jury instructions

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

For jury trials, the parties' counsel and any self-represented parties shall work together to prepare a complete set of full-text proposed jury instructions, editing all proposed Judicial Council of California Civil Jury Instructions (CACI) instructions, inserting party names, and eliminating blanks and other irrelevant or inapplicable material.

CRITICAL

Applies to

Joint proposed jury instructions

For jury trials, counsel and self-represented parties must jointly prepare and file a list of proposed jury instructions stating, for each instruction, the 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 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

Trial binder

A jointly prepared, tabbed physical Trial Binder with conformed copies and a table of contents (including tabs for operative pleadings, optional trial briefs, joint witness list, joint statement of the case, jury instruction lists, verdict forms, and the deposition designation chart) must be lodged in Department P on the date of the Final Status Conference.

On the date of the Final Status Conference, the parties' counsel and any self-represented parties must jointly prepare and lodge in Department P a physical Trial Binder, consisting of conformed copies, tabbed and organized in a three-ring binder with a table of contents that includes the following: Tab: Copies of the Operative Pleadings (Complaint, Answer, Cross-Complaint, etc.) Tab: Trial Briefs (optional but recommended) Tab: Joint Witness List Tab: Joint Short Statement of the Case to Be Read to the Jury Tab: Joint List of Jury Instructions Tab: Joint and Contested Jury Instructions Tab: Joint or Contested Verdict Form(s) Tab: Joint Chart of Page and Line Designations for Deposition and Former Testimony.

CRITICAL

Applies to

Proof of service

OSC set concurrent with CMC for case prosecution, proof of service filing, and CMC statement submission; failure to file CMC statement with no proof of service triggers sanctions.

An OSC will be set concurrently with the CMC date regarding 1) prosecution of the case, 2) filing a proof of service of the summons and complaint; and 3) filing a case management statement. A represented Plaintiff’s failure to file a CMC statement when no proof of service has been filed will result in monetary sanctions against Plaintiff’s counsel.

CRITICAL

Applies to

Written showing

Written showing must be filed prior to OSC hearing for failure to comply with court order; oral explanations are not accepted.

If the court sets an order to show cause for a failure to comply with a direct court order, sanctions will be imposed unless a written showing is filed prior to the hearing on the OSC. Oral explanations will neither be sought nor accepted.

CRITICAL

Applies to

Joint witness list

Counsel and self-represented parties must jointly prepare and file a witness list covering all trial witnesses (excluding impeachment and rebuttal witnesses) organized to include each witness's name, expert status, accommodations, calling party, expected-testimony status and description, and estimated direct, cross, and total examination times in minutes.

The parties' counsel and any self-represented parties must work together to prepare and file a joint witness list of all witnesses whom any party intends to call at trial, excluding impeachment and rebuttal witnesses. (Los Angeles County Court Rule (Local Rule) 3.25, subd. (g)(5).) The joint witness list shall be organized to include: (1) the name of each witness, whether 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 minutes); (6) an estimate of the length of cross-examination (in minutes), and; (7) the total estimated length of examination (in minutes).

CRITICAL

Applies to

Proposed jury instructions

Proposed jury instructions must be organized into three cover-sheet-labeled groups: agreed-upon instructions, plaintiff's requested instructions to which defendant objects, and defendant's requested instructions to which plaintiff objects.

The parties shall organize proposed jury instructions into groups in the following order (labeled by cover sheets): (1) the agreed-upon instructions, (2) plaintiff's requested instructions to which defendant objects, and (3) defendant's requested instructions to which plaintiff objects.

CRITICAL

Applies to

Motions in limine binder

Jointly prepared Motions in Limine Binders containing conformed copies of all motions in limine, opposition papers, and reply papers must be lodged in Department P no later than five court days before the Final Status Conference.

No later than five (5) court days before the Final Status Conference, the parties' counsel and any self-represented parties shall jointly prepare and lodge in Department P Motions in limine Binders). The Motions in limine Binder(s) shall include conformed copies of all motions in limine, opposition papers, and reply papers, organized in one or more three-ring binders, tabbed in numerical order with the opposition papers and reply papers for each motion placed directly behind the moving papers with a colored sheet of paper separating the moving, opposition, and reply papers.

CRITICAL

Applies to

Joint statement of 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.

For jury trials, the parties' counsel and any self-represented parties must 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).)

CRITICAL

Applies to

Proposed verdict form

For jury and court trials, the parties must jointly file a proposed general or special verdict form, or if they cannot agree, each party must separately file a proposed verdict form, using CACI special verdict forms where appropriate.

For jury and court trials, the parties' counsel and any self-represented parties must 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).) If the parties cannot agree on a joint verdict form, each party must separately file a proposed verdict form. When a special verdict form is requested, if there is an appropriate CACI special verdict form for a cause of action, affirmative defense, or other finding, the court expects the parties to use the CACI special verdict form.

CRITICAL

Applies to

Joint exhibit list

Counsel and self-represented parties must jointly prepare and file a joint exhibit list containing eight required columns: exhibit number, description, offering party, authentication stipulation, admissibility stipulation, objections, date marked, and date admitted.

The parties' counsel and any self-represented parties shall work together to prepare and file a joint exhibit list organized with columns which state, as to each exhibit any party 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. (Local Rule 3.25, subd. (g)(6).)

CRITICAL

Applies to

Exhibit binders

One set of the Exhibit Binders must be brought to the Final Status Conference for the court to 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

Opposition and reply papers

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 trial documents

All listed trial documents should be jointly prepared and submitted, but if no joint document is agreed upon, each party must prepare and submit its own documents.

All of the above listed documents should be jointly prepared and submitted. However, in the absence of agreed-upon joint documents, each party must prepare and submit the party's own documents.

CRITICAL

Applies to

Motion in limine

The caption of each motion in limine 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

Written showing

For OSCs based on failure to comply with a direct court order, a written showing must be filed before the OSC hearing or sanctions will be imposed, and oral explanations will not be accepted.

If the court sets an order to show cause for a failure to comply with a direct court order, sanctions will be imposed unless a written showing is filed prior to the hearing on the OSC. Oral explanations will neither be sought nor accepted.

CRITICAL

Applies to

Case management statement

Represented plaintiffs' counsel face monetary sanctions if no CMC statement is filed when no proof of service has been filed.

A represented Plaintiff's failure to file a CMC statement when no proof of service has been filed will result in monetary sanctions against Plaintiff's counsel.

CRITICAL

Applies to

Exhibit binders

Parties must jointly prepare at least three sets of tabbed, numerically organized exhibit binders in three-ring binders for the Court, the Judicial Assistant, and the witnesses, plus any sets needed for each party.

The parties' counsel and any self-represented parties shall work together to jointly prepare at least three sets of tabbed exhibit binders organized numerically in three-ring binders (Exhibit Binders): a set for the Court, a set for the Judicial Assistant, and a set for the witnesses, in addition to any sets necessary for each party.

CRITICAL

Applies to

Joint witness list

Witnesses not included on the joint witness list may be excluded from testifying at trial except for actual impeachment or rebuttal testimony, and a party must first show good cause to the court to call an unlisted witness.

Any witness who is not included on the joint witness list is subject to being excluded from testifying at trial other than for purposes of giving actual impeachment or rebuttal testimony. Any party who seeks to elicit testimony from a witness not identified on the witness list must first make a showing of good cause to the court.

CRITICALCivil cases

Applies to

Joint witness list

The joint witness list must include all witnesses on one list with realistic time estimates for direct, cross, and redirect testimony, totals at the bottom, no duplicate names, and designation of each witness as percipient or expert with area of expertise.

JOINT WITNESS LIST. The parties shall list all witnesses, with realistic estimates for direct and cross-examination on one list. See, LASCR 3.25(g)(5). Do not repeat the name of a witness who will be called by more than one party. The witness list should have columns that indicate for each witness the total time expected for direct, cross, and redirect testimony. At the bottom of the list, provide the total the time estimated for all testimony. Make realistic time estimates. The list should specify if the witness is percipient or expert (with area of expertise).

CRITICALCivil cases

Applies to

Daily witness list

Each morning, counsel must give the Court Attendant a written list of that day's witnesses with full correct spellings and the order of calling.

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

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Continuance stipulation

Must include

proposed order

All hearings and conference dates, including trial dates, may be considered for continuance via stipulation and proposed order (filed on eCourt).

All hearings and conference dates, including trial dates, may be considered for continuance via stipulation and proposed order (filed on eCourt).

CRITICALCivil cases

Applies to

Motion

Parties must reserve a hearing date for any motion through the Court Reservation System before the motion can be heard.

Parties must reserve a hearing date for any motion through the Court Reservation System.

CRITICALCivil cases

Applies to

Ex parte application

If an ex parte pertains to a law and motion matter, the motion must be reserved in the Court Reservation System (or E-Court) before the ex parte is filed.

If the Ex Parte pertains to a Law and Motion matter, the Motion must be reserved in the Court Reservation System (or E-Court) prior to the Ex Parte filing.