Los Angeles Superior Court Service and Proof of Service Rules

CRITICAL

A copy of PowerPoint slides must be shared with opposing counsel before the presentation, leaving sufficient time to object.

If a PowerPoint is to be used, a copy of the slides must be shared with the opposing counsel prior to the presentation leaving sufficient time to object.

CRITICAL

Ex parte hearings are held Monday through Friday at 1:30 p.m. in Department 25, and applications must be noticed for that time with proper notice of the date, time, and department.

Ex partes are heard Monday to Friday at 1:30 PM in Department 25. Proper notice of the ex parte date, time and department must be given. Ex parte applications must be noticed for 1:30 p.m. in Department 25.

CRITICAL

Service

Electronic service

Electronic service is required except when personal service is required by law or any party is self-represented.

service, except in those circumstances when personal service is required by law or where any of the parties are self-represented.

CRITICAL

Notice of an ex parte application must be given by 10:00 a.m. on the court day before the hearing unless there is good cause (CRC 3.1203).

Absent good cause, notice must be given by 10:00 a.m. on the court day before the hearing as required by CRC, Rule 3.1203.

CRITICAL

Service

Electronic service

Parties using e-filing must accept electronic service except when personal service is required by law or any party is self-represented.

Pursuant to Code of Civil Procedure §1010.6, local Rule 3.4, and General Order 2019-GEN-014-00 issued May 3, 2019, the Court orders all parties who use e-filing to accept electronic service, except in those circumstances when personal service is required by law or where any of the parties are self-represented.

CRITICAL

Service

Electronic service

All parties who use e-filing must accept electronic service, except where personal service is required by law or where any party is self-represented.

Pursuant to Code of Civil Procedure §1010.6, local Rule 3.4, and General Order 2019-GEN-014-00 issued May 3, 2019, the Court orders all parties who use e-filing to accept electronic service, except in those circumstances when personal service is required by law or where any of the parties are self-represented.

CRITICAL

Applies to

Order granting motion to be relieved as counsel

An order granting a motion to be relieved as counsel is effective only upon filing proof of service of the order on all parties and the client(s).

Orders are effective only upon filing the proof of service of the Order Granting Motion to be Relieved on all parties and the client(s).

CRITICAL

Applies to

Memorandum

IDC memoranda must be served and filed at least two court days before the conference.

At least two court days before the IDC, each side shall serve and file a memorandum of no longer than two pages setting forth the outstanding issues.

CRITICAL

Each side must serve the IDC memorandum on the opposing side in addition to filing it.

At least two court days before the IDC, each side shall serve and file a memorandum of no longer than two pages setting forth the outstanding issues.

CRITICALCivil cases

Applies to

Complaint

The Complaint must be served within 60 days of filing.

The Complaint must be served within 60 days of the filing of the Complaint.

CRITICAL

Deadline

18 calendar days

Applies to

Exhibits

All trial exhibits must be exchanged between the parties no later than 18 calendar days before the Final Status Conference.

No later than 18 calendar days before the Final Status Conference, the parties counsel and any self-represented parties shall exchange all exhibits they intend to introduce at trial.

CRITICAL

Applies to

Response to notice of related case

Responses to a Notice of Related Case must be filed and served in accordance with CRC 3.300(g).

Any response to the Notice of Related Case must be filed and served in accordance with CRC 3.300(g) with a courtesy copy submitted to the Department 534 resource account at SMCDept534@lacourt.ca.gov.

CRITICAL

Applies to

Trial brief

Trial briefs must be served on all parties.

The briefs must be signed, filed with the Court and served on all parties.

CRITICAL

Papers required to be served under this order must reach the other party no later than the deadline indicated in the order; parties are encouraged to agree on the service method (e-mail, fax, or overnight delivery).

Any papers required to be served on another party pursuant to this order must be served in a manner calculated to reach that party no later than the date indicated in this order. The parties are encouraged to agree on the method of service, e.g., by e-mail, fax, or overnight delivery.

CRITICAL

Counsel intending to use PowerPoint must inform the Court at the Final Status Conference and share a copy of the slides with opposing counsel before the presentation.

If counsel intends to use PowerPoint, the Court shall be informed at the Final Status Conference and a copy of the slides must be shared with opposing counsel prior to the presentation.

CRITICAL

All defendants must be served with the complaint no later than the case management conference.

All defendants must be served with the complaint by the case management conference.

CRITICAL

At the end of each court day, counsel must notify opposing counsel of the witnesses to be called the next day and the order of their testimony.

At the conclusion of each court day, counsel must advise opposing counsel of the witnesses to be called the next day and the order in which they will testify. (LASCR 3.81)

CRITICAL

The moving party is ordered to provide notice of this standing order.

Moving Party is ordered to provide notice of this Standing Order.

CRITICAL

Applies to

Complaint

All defendants must be served with the complaint by the case management conference.

All defendants must be served with the complaint by the case management conference.

CRITICAL

Applies to

Deposition transcripts

Before reading any deposition, interrogatory, or request for admission into evidence, counsel must advise the Court and opposing counsel of the specific pages, lines, or numbers to be read.

Before reading into evidence any portion of a deposition, interrogatory or request for admission, counsel shall advise the Court and opposing counsel of the page and the line of the deposition or the numbers of the interrogatories or requests for admission to be read or shown to the witness. (LASCR 3.158)

CRITICAL

Service

Email to all parties

Ex parte applications must be served by email on all parties who have appeared in the case.

Ex parte applications must comply with CRC 3.1200 et seq. and must be electronically filed by 10:00 a.m. the business day before the hearing and served by email on all parties who have appeared in the case.

CRITICAL

Service

Electronic service

Written opposition to an ex parte application must be e-served by 8:30 a.m. on the day of the hearing.

Any written opposition to an ex parte application shall be electronically filed and e-served by 8:30 a.m. the day of the hearing.

CRITICAL

Applies to

Plaintiff document production

Within 30 days of the CMC order, plaintiff must provide copies of specified documents (purchase/lease contracts, vehicle registration, finance/account information, repair orders, incidental damages documents, market value information, and pre-suit communications) to the opposing side(s).

Within 30 days of this order plaintiff shall provide copies of the following documents, which are in Plaintiff's possession, custody and/or control, to the opposing side(s):

CRITICAL

Applies to

Discovery production

The party producing documents in discovery must serve verifications along with the produced documents.

The producing party shall serve verifications with the documents produced.

CRITICAL

Applies to

Jury questionnaire

Proposed jury questionnaires must be filed with the Court and served on all parties.

Proposed jury questionnaires shall be filed with the Court and served on all parties.

CRITICAL

Papers required to be served under this order must be served in a manner calculated to reach the other party by the deadline stated in the order, and the parties are encouraged to agree on a service method (e-mail, fax, or overnight delivery).

Any papers required to be served on another party pursuant to this order must be served in a manner calculated to reach that party no later than the date indicated in this order. The parties are encouraged to agree on the method of service, e.g., by e-mail, fax, or overnight delivery.

CRITICAL

Applies to

Complaint

All defendants must be served with the complaint no later than the case management conference date.

All defendants must be served with the complaint by the case management conference.

CRITICAL

Papers required to be served must be served to reach the party by the date specified in the order; parties are encouraged to agree on service method (email, fax, overnight delivery).

Any papers required to be served on another party pursuant to this order must be served in a manner calculated to reach that party no later than the date indicated in this order. The parties are encouraged to agree on the method of service, e.g., by e-mail, fax, or overnight delivery.

CRITICAL

Applies to

Complaint

All defendants must be served with the complaint no later than the case management conference.

All defendants must be served with the complaint by the case management conference.

CRITICALCivil cases

Applies to

Trial brief

Trial briefs must be served on all parties because they are not settlement briefs.

Trial briefs are not settlement briefs; they must be served on all parties.

CRITICALCivil cases

Applies to

Trial brief

Jury trial briefs must be served on all parties.

Trial briefs are not settlement briefs; they must be served on all parties.

CRITICALCivil cases

Deadline

5 court days

Applies to

Joint documents

The parties should meet and confer in person at least five court days before the FSC to prepare the joint notebooks, and must serve, sign, and file all joint documents.

At least five (5) court days prior to FSC, the parties should meet & confer in person to exchange discuss and prepare a Joint Trial Notebook and Joint Exhibit Notebook. The parties must serve, sign and file all joint documents.

CRITICALCivil cases

Deadline

5 calendar days

The parties must exchange exhibits at least five calendar days before the FSC.

The exhibits must be exchanged at least five (5) calendar days before the FSC.

CRITICAL

Applies to

Opposition

Self-represented parties must bring ex parte oppositions to the courtroom on the hearing day with sufficient copies for the Court and all other parties.

Oppositions by self- represented parties shall be brought to the courtroom on the day of the ex parte hearing. Self-represented parties shall bring a sufficient number of copies of the opposition to provide to the Court and all other parties.

CRITICAL

Applies to

Powerpoint slides

Visual aids may not be used in opening statement unless opposing counsel has had the opportunity to review them before trial, and PowerPoint slides must be shared with opposing counsel before presentation with the Court informed at the FSC.

No visual aids shall be used in opening statement without opposing counsel first having been given the opportunity to review the visual aids prior to trial. (LASCR 3.97.) If counsel intends to use PowerPoint, the Court shall be informed at the FSC and a copy of the slides must be shared with opposing counsel prior to the presentation.

CRITICAL

Each party must provide a set of properly marked exhibits to each opposing party before trial begins.

A set of properly marked exhibits must also be provided to each opposing party prior to the start of trial.

CRITICAL

Ex parte applications require proof of notice, affirmative factual showing of good cause, and cannot be based on emergency from procrastination.

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

Ex parte application

Ex parte applications must include proof of the required notice and an affirmative factual showing of good cause; lack of notice proof or a procrastination-based emergency are common grounds for denial.

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

Discovery production

Each party must serve verifications together with the documents it produces under the discovery order.

Plaintiff and Defendant shall serve verifications with the documents each produces.

CRITICAL

In Song-Beverly litigation, parties must exchange specified vehicle-related documents within 30 days of case becoming at issue.

Within 30 days of the case becoming "at issue" Plaintiff(s) and Defendant(s) shall provide copies of the following documents, which are in their respective possession, custody and/or control, to the opposing side(s): a. Purchase or lease contracts concerning the subject vehicle... b. Work orders, repair orders, and invoices... c. Rental car or loaner agreements... d. Records of communications... e. Warranty claims... f. Procedures published by Defendant(s)... g. Defendant's written statements of policy... h. A list or compilation of customer complaints... i. Technical Service Bulletins and Recall Notices... j. Copies of any repair instruction... k. Any documents supporting Plaintiff's claim for incidental and/or consequential damages.

CRITICAL

Applies to

Summons complaint cross complaint

Summonses, complaints, and cross-complaints must be served within 60 days of filing.

Parties shall serve summonses, complaints and/or cross-complaints within 60 days of filing of a complaint or cross-complaint. (Cal. Rules of Court, rule 3.110(b).)

CRITICAL

Deadline

15 calendar days

CMC statements (Judicial Council Form CMC-110) must be served on all attorneys and self-represented parties no later than 15 calendar days before the CMC date.

CMC statements (Judicial Council Form CMC-110) shall be filed and served on all attorneys and self-represented parties no later than 15 calendar days before the date of the CMC.

CRITICAL

Summonses, complaints, and/or cross-complaints must be served within 60 days of filing, with sanctions including dismissal possible for failure unless cause is shown.

Parties shall serve summonses, complaints and/or cross-complaints within 60 days of filing of a complaint or cross-complaint. (Cal. Rules of Court, rule 3.110(b).) Failure to do so may result in the imposition of sanctions (Code Civ. Proc., §§ 128, 177.5; Cal. Rules of Court, rule 2.30), including dismissal of the complaint or cross-complaint (Code Civ. Proc., §§ 583.210, et seq.), unless parties show cause why the Court should not make such an order.

CRITICAL

Deadline

15 calendar days

Applies to

Cmc statement

CMC statements must be served on all attorneys and self-represented parties no later than 15 calendar days before the CMC.

CMC statements (Judicial Council Form CMC-110) shall be filed and served on all attorneys and self-represented parties no later than 15 calendar days before the date of the CMC.

CRITICAL

Deadline

18 calendar days

Applies to

Exhibits

All counsel and self-represented parties must exchange all exhibits they intend to introduce at trial no later than 18 calendar days before the Final Status Conference.

No later than 18 calendar days before the Final Status Conference, the parties’ counsel and any self-represented parties shall exchange all exhibits they intend to introduce at trial.

CRITICAL

Applies to

Motion in limine

Motions in limine must be served on all opposing parties and counsel.

All motions in limine, if any, must be in writing, numbered, and shall be served on all opposing parties and counsel and electronically filed at least ten (10) calendar days before the FSC.

CRITICAL

Applies to

Discovery excerpts

All parties must serve written excerpts of depositions and discovery responses to be used at trial (except solely for impeachment) on the opposing party no later than 10 court days before the FSC, marking each excerpt as an exhibit.

All parties must serve on the opposing attorney/in pro per party in writing and no later than 10 court days before the FSC all excerpts from depositions, responses to interrogatories, responses to requests for admissions, or other discovery responses to be used for any purpose at trial other than solely for impeachment and mark each excerpt as an exhibit.

CRITICAL

Applies to

Discovery material

Parties intending to use discovery at trial must exchange written particulars (e.g., deponent name, page and line numbers) no later than 10 court days before the FSC or risk a Court order prohibiting use of the discovery.

If the parties intend to use any discovery during trial, the parties must exchange in writing no later than 10 court days prior to the FSC the particulars of any such discovery. For example, if a party proposes to read or show a video excerpt from a deposition, the proffering party must identify in writing by name the deponent, page, and line numbers to opposing counsel no later than 10 court days prior to the FSC. Failure to provide the specific discovery intended to be used at trial in writing and on a timely basis may result in a Court order prohibiting the use of said discovery.

CRITICAL

Deadline

10 court days

Discovery excerpts for trial use must be served on opponents 10 court days before FSC.

All parties must serve on the opposing attorney/in pro per party in writing and no later than 10 court days before the FSC all excerpts from depositions, responses to interrogatories, responses to requests for admissions, or other discovery responses to be used for any purpose at trial other than solely for impeachment and mark each excerpt as an exhibit.

CRITICAL

Applies to

Request for dismissal or notice of settlement

Parties exempt from e-filing must file and serve a printed copy of the Request for Dismissal or Notice of Settlement at least 2 court days before the FSC.

If a party is exempt from the electronic filing requirements, that party shall file and serve a printed copy of the Request for Dismissal or Notice of Settlement at least two (2) court days before the scheduled FSC.