Orange Superior Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Joint Exhibit List
- 2 copies
Joint Trial Notebook
- By Noon Wednesday Before Trial
Joint Witness List
- 2 copies
Proposed Jury Instructions
- 1 copy
Adjournments
- If the defendant has not been served, the case may be reset once, and a request to reset must be made at least three court days before the original hearing date.
Communication
Phone
Document Format Requirements10 rules
A court order may specify the reproduction method, and any authorized equipment must be in good working condition and protect the exhibits’ integrity and safety.
Court's wording
A court order granting access to particular exhibits may also authorize an individual to obtain copies of particular exhibits using a specified method of reproduction (e.g. laptop computer, digital camera, document scanner, cell phone, etc.). Any equipment authorized for use must be in good working condition and must not compromise the integrity or safety of the exhibits.
Official pro tempore reporter notes must be delivered to Court Reporter Interpreter Services electronically, as directed by the Court.
Court's wording
The reporting notes of an official pro tempore reporter are the official records of the Court and shall be delivered to Court Reporter Interpreter Services in electronic form as directed by the Court, pursuant to Government Code section 69955.
The Joint Trial Notebook must be tabbed and three-ring; separate notebooks must be used if a notebook would be more than three inches thick.
- Binding
- Tabbed three-ring binder
- Joint trial notebook
Court's wording
By noon on the Wednesday before trial, the parties must deliver to the clerk in the trial department, for the Court, a tabbed three-ring Joint Trial Notebook that contains all of the following items, if applicable. Separate notebooks must be used if any notebook will be more than 3” thick.
Two complete sets of Joint Exhibit Notebooks, not to exceed 3” each.
Any provision for attorney fees must be highlighted within the written contract with a light-colored highlighter pen.
Each exhibit must be separated by a hard 8 ½ x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation.
Only written complaints are investigated; a person seeking an investigation or court action should submit a written complaint.
Court's wording
If the complaint coordinator receives an inquiry, the coordinator must inform the person making the inquiry that the complaint procedure provides for investigation of written complaints only and that the person should submit a written complaint if he or she wants the court to conduct an investigation or take action.
Statement of Compliance 317 Prepared by attorneys Pre-printed form and submitted to “Statement of court by noon of Compliance available Wednesday before in Clerk’s Office
The Settlement Conference Statement must use the pre-printed form available in the Clerk’s Office.
Court's wording
Settlement Conference 316 Prepared by attorneys Pre-print form Statement and lodged with court “Settlement five court days prior Conference to mandatory Statement” available settlement conference in Clerk’s Office
Meet and Confer Statement 315 Signed by attorneys Pre-printed form and filed within 30 “Meet and Confer days after service of Statement” available the first responsive in Clerk’s Office
Document Filing Requirements67 rules
Candidates must nominate themselves in writing and identify the Executive Committee position or positions and seniority group they seek to represent.
Court's wording
Judges and commissioners wishing to be considered for election to serve as a member or alternate member of the Executive Committee shall, beginning on the first court day in July of each election year, nominate themselves in writing to the Chief Executive Officer and indicate their desire to be a candidate for member or alternate member representing their seniority group. Candidates may be considered for the position of member, alternate member or both.
A copy of the request also must be submitted to the Court’s Public Information Office.
Requests for courtroom media coverage must comply with California Rules of Court, rule 1.150(e)(1), and be submitted to the assigned judicial officer using forms MC-500 and MC-510.
Court's wording
With respect to courtroom proceedings, requests for any type of video, still photography, or audio coverage, including pool cameras, must be made in compliance with California Rules of Court, rule 1.150(e)(1), and submitted to the judicial officer assigned to hear the case on Judicial Council forms MC-500 “Media Request to Photograph, Record or Broadcast” and MC-510 “Order on Media Request to Permit Coverage.”
If an exhibit is damaged in the reproduction process, the individual shall prepare an affidavit specifically describing that event and resulting damage.
Use the mandatory Application and Order form to request viewing or reproducing trial exhibits.
Court's wording
A copy of the mandatory use Application and Order for Viewing and/or Photocopying or Photographing of Trial Exhibits form can be found here: https://www.occourts.org/forms/local/l829.pdf. It is also available on the Court’s website at www.occourts.org under the heading Forms & Filing.
Special requests for video recording or photographing empty courtrooms, jury rooms or employee work areas must be made in writing and submitted to the Court’s Public Information Office before the proposed video recording or photographing is to occur.
The request must include the completed Third Party Use of Court Facilities Request Form and a Certificate of Liability Insurance.
Court's wording
The request must also be accompanied by a completed copy of the Third Party Use of Court Facilities Request Form and a Certificate of Liability Insurance, both of which may be obtained by sending an email to thirdpartyuserequest@occourts.org.
The request must be approved by the Presiding Judge.
Actions involving CEQA or Toxic Waste must be designated as complex litigation on the Civil Case Cover Sheet, in addition to actions that may be provisionally designated under California Rules of Court, rule 3.400.
- Document
- Civil case cover sheet
Must include
- •Provisionally designated as complex litigation
Court's wording
All actions involving the California Environmental Quality Act (CEQA) and Toxic Waste must be provisionally designated as complex litigation on the Civil Case Cover Sheet (Judicial Council Form CM-010) in addition to any of the actions which may be provisionally designated as complex litigation under the provisions of California Rules of Court, rule 3.400.
essentially the same, parties, facts, or causes of action as the prior case, the plaintiff in any such subsequently filed case must disclose such facts on the face page of the new complaint.
A judgment or agreement to pay in installments must set forth the date certain of the last payment.
If an agreement, it must provide for the entry of judgment in the event of a default in payments which is not cured within a reasonable time.
In addition, the face page of any subsequent document must also designate the nature of the document, the hearing date, department, the date action was filed and the trial date, if any, which must be below the case and judicial officer designation.
A stipulated judgment payable in full or in installments or an agreement for periodic payments has been entered into and a copy of said agreement received by the court clearly setting forth the date certain of the last installment payment.
Except for the original summons and original civil complaint, each document filed in a case subject to civil case management must display the specified assignment text on its face page under the case number.
Court's wording
All documents filed in cases subject to civil case management, with the exception of the original summons and original civil complaint, must have clearly typed on the face page of each document, under the case number, the following: ASSIGNED FOR ALL PURPOSES TO: JUDICIAL OFFICER (insert name) DEPARTMENT (insert no.)
A Certificate of Due Diligence has been filed stating why the defendant has not been served;
In civil law-and-motion proceedings, electronically filed motions, oppositions, replies, and supporting papers must clearly display the related Notice of Motion’s Register of Actions number in the specified location and wording.
Court's wording
For proceedings in civil law and motion, as defined in California Rules of Court, rule 3.1103, the first page of the document shall reference the Register of Actions number of the related Notice of Motion on all electronically filed Motion, Opposition, Reply, and supporting papers. The Register of Actions number reference must be made below the nature of the paper statement (required by California Rules of Court, rule 2.111(6)), and above the hearing date, hearing time, and department (required by Rule 314). The documents must have clearly typed: “RELATED TO ROA # (insert number(s)).”
Any electronically filed document that is filed with or in response to another filed document shall include on the first page a reference to the Register of Actions number of the related document. This Rule does not apply to documents filed for trial.
A petition for coordination involving a case subject to civil case management must identify the judicial officer assigned for all purposes in its caption.
- Document
- Petition for coordination
- Placement
- Caption
Court's wording
Any petition for coordination brought pursuant to Code of Civil Procedure, section 404, et seq., or California Rules of Court, rule 3.501, et seq., and rule 3.521, et seq., which involves a case subject to civil case management, must indicate the name of the judicial officer assigned for all purposes in the caption of the document.
The parties must file a joint Meet and Confer Statement within 30 days after service of the responsive pleading. It will be the responsibility of the plaintiff to arrange the conference and to prepare the joint statement, including areas of disagreement.
Any objection to the assigned judge conducting the mandatory settlement conference must be filed together with the Settlement Conference Statement. If no such objection is filed, any further right to object will be deemed waived.
The parties must execute a Settlement Conference Statement in the form adopted by the court, and must lodge it with the Clerk’s Office, no later than five court days prior to the mandatory settlement conference.
The settlement demand and its proof of service must be brought to the hearing and not filed in advance.
Court's wording
At least 5 days prior to the hearing, counsel or self-represented party must serve a settlement demand on all defendants and cross- defendants. The demand, with proof of service attached, is to be brought to the hearing, not filed in advance.
Counsel or a self-represented party must notify potentially covering insurance carriers in writing of the settlement-conference details and the required representative authority, and bring the notice or an attesting declaration to the hearing for submission upon request.
Court's wording
Counsel or self-represented party must notify all insurance carriers which may provide coverage to the client in connection with the matter in litigation in writing of the date, time, and department of the mandatory settlement conference and of the court's requirement that they have present a representative with full and unconditional authority to settle. A copy of such written notification or, a declaration attesting that such written notification was given must be brought to the hearing and submitted to the court upon request.
Plaintiff's and cross-complainant's counsel must give clients written settlement-conference details and bring the notice or an attesting declaration to the hearing for submission upon request.
Court's wording
Counsel must notify their client(s) in writing of the date, time, and department of the mandatory settlement conference and of the court's requirement that they be personally present. A copy of such written notification or, a declaration attesting that such written notification was given must be brought to the hearing and submitted to the court upon request.
The response and its proof of service must be brought to the hearing and not filed in advance.
Court's wording
No more than five days after receipt of the settlement demand described in section 1.b. hereof, the defendant or cross-defendant must serve a response to the settlement demand on plaintiff and cross-complainant. The response, with proof of service attached must be brought to the hearing, not filed in advance.
Prepare a Joint List of Controverted Issues for all issues that are to be determined by the Court rather than by a jury. If all the parties fail to agree that an issue is uncontroverted, then the issue should be listed as controverted.
Prepare a Joint Statement of the Case to be read to prospective jurors (Jury Trials only).
Prepare a Joint Witness List, excluding impeachment and rebuttal witnesses, with a brief description of who each witness is, and time estimates for the direct and cross- examination of each witness.
The above items, including the Statement of Compliance signed by all counsel and self- represented parties, must be filed no later than noon of the Wednesday before trial.
The Joint Trial Notebook must contain the listed applicable pleadings, joint statements and lists, stipulations, jury materials, trial briefs, and proposed voir dire questions.
Court's wording
By noon on the Wednesday before trial, the parties must deliver to the clerk in the trial department, for the Court, a tabbed three-ring Joint Trial Notebook that contains all of the following items, if applicable. 1. Table of Contents. 2. Copies of the operative pleadings (including the operative complaint, answers, cross-complaints, if any, and answers to cross-complaints). 3. Joint Statement of the Case (Jury Trials only). 4. Joint Witness List, with the information set forth in Rule 317A(4), above. Two separate courtesy copies of the Joint Witness List must also be provided to the Clerk. 5. Stipulations of fact, exhibit admissibilityand/or foundation, or of anything else relevant to the trial. 6. Joint List of Controverted Issues, as set forth in Rule 317A(5), above. 7. Joint Exhibit List, with columns for indicating whether the exhibits have been marked and entered. Two separate courtesy copies also must be provided to the Clerk. 8. Proposed Jury Instructions, including all stipulated instructions, non-stipulated instructions proposed by each party, and all proposed special instructions. A separate courtesy copy must also be provided separately to the Court. (Jury Trials only.) 9. Proposed Verdict Forms (Jury Trials only). 10. Any Trial Briefs. 11. Any Proposed Voir Dire Questions for the Court to include in its voir dire (Jury Trials only).
12. Any motions in limine exchanged at the issue conference, along with all then-filed oppositions and replies thereto.
An application for a writ of execution on an installment judgment must be supported by the judgment creditor’s declaration or affidavit setting out the specified principal, interest, and changed-circumstance information.
Court's wording
Application for issuance of a writ of execution on orders or judgments payable in installments must be by declaration or affidavit of the party in whose favor the judgment was rendered, setting forth: (1) the pertinent provisions of such order or judgment, (2) the total principal matured, (3) the total principal paid, (4) the total principal unpaid, (5) if interest is claimed, the date of maturity of each installment on which interest is claimed, (6) the amount of interest claimed and (7) that no change of condition affecting the monetary amount due under the order or judgment, or any installment thereof, has occurred. If there has been any such change, the circumstances thereof must be fully disclosed.
On the trial date, the parties must bring two complete Joint Exhibit Notebook sets: one pre-marked for the witness and one for the Court.
Court's wording
On the date set for trial, the parties also must bring with them: 1. Two complete sets of Joint Exhibit Notebooks, not to exceed 3” each. The original set will be for the witness, pre-marked with Court Exhibit tags, and one set will be for the Court.
Each exhibit must be marked with a discrete number and must be accurately identified on the Joint Exhibit List.
Those cases in which an action is filed against a defendant who is an uninsured motorist, and where the plaintiff’s claim is subject to an arbitration provision, must be identified as “Uninsured Motorist” on the face of the complaint at the time of filing, or as soon thereafter as it becomes known.
For all opposed motions in limine, a separate notebook containing those Motions in Limine, grouping together all documents relevant to each motion in order (motion followed by opposition and any reply).
All parties must bring to the conference a Pretrial Conference Brief/Statement which must contain the material facts and damages.
A small claims case is commenced by the filing of a Plaintiff’s Claim and ORDER to Go to Small Claims Court and the scheduling by the clerk of a hearing date.
Local form #L-31, At-Issue Memorandum for Trial Setting, is a mandatory form for trial setting for any limited civil matter other than an Unlawful Detainer action.
Pursuant to California Rules of Court rule 2.111(1), forms and papers filed at the court are to provide an email address on the first page.
The original notice must be filed with the ADR Administrator.
A written declaration must be submitted concurrently with the motion stating the reason for the extended setting.
A written declaration must be submitted concurrently with the stipulation, stating the reason for the delayed setting.
The stipulation must be titled "Stipulation and Order for Continuance of Arbitration" and include, below the attorney signatures, the language "IT IS SO ORDERED", followed by a date and signature line for the judge who signed the Arbitration Referral Order.
The original copy of the stipulation must be filed with the ADR Administrator.
The stipulation must be filed with the ADR Administrator.
If a party has requested a trial de novo after arbitration, the request may not be withdrawn except by a written stipulation, signed by all parties appearing in the case, expressly agreeing that a non- appealable judgment may be entered on the arbitration award.
must file a stipulation showing good cause and indicating the date of the future mediation session, which stipulation must be approved by the Court.
No later than 15 calendar days prior to the case management conference, each party must file a case management statement as detailed in California Rules of Court, rule 3.725. The statement may be filed jointly.
A. The petition must contain a full disclosure of all information which has any bearing upon the reasonableness of the compromise or settlement, such as the sums, if any, to be paid to the other claimants in the same case.
C. When the Court orders the sum to be received for the benefit of the minor to be deposited pursuant to Probate Code Section 3600, the order approving the compromise must contain the further order "that a certified copy of this order be delivered to the manager of the depository, together with the sum to be deposited".
The parties are ordered to comply with California Rules of Court, rule 3.1385, by filing a dismissal upon completion of settlement terms or by notifying the department of the assigned judicial officer if the stay is vacated or upon dismissal or judgment following binding arbitration.
Statement of Compliance 317 Prepared by attorneys Pre-printed form and submitted to “Statement of court by noon of Compliance available Wednesday before in Clerk’s Office
Settlement Conference 316 Prepared by attorneys Pre-print form Statement and lodged with court “Settlement five court days prior Conference to mandatory Statement” available settlement conference in Clerk’s Office
Meet and Confer Statement 315 Signed by attorneys Pre-printed form and filed within 30 “Meet and Confer days after service of Statement” available the first responsive in Clerk’s Office
Those cases which involve causes of action for construction defect or toxic pollution should be identified accordingly on the face of the complaint at the time of filing so that such cases may immediately be assigned to a judicial officer on the civil complex panel.
Filing of an election by all plaintiffs in which each plaintiff agrees that the arbitration award will not exceed $50,000 as to that plaintiff.
The parties must make the selection of a mediator on the Alternative Dispute Resolution (ADR) Neutral Selection and Party List form.
In such case, the parties must request that the Case Management Conference be taken off calendar.
Filing & Service rules
Electronic Filing Rules
The parties must electronically file all trial-related documents; the courtesy Joint Trial Notebook does not replace that obligation.
The Trial Notebook is a courtesy copy for the Court’s use and does not relieve the parties of their obligation to electronically file all trial-related documents.
Civil cases
Page 12 | Rule 317.B
Represented parties in limited, unlimited, and complex civil actions must electronically file documents and allow for electronic service unless excused by the Court.
Pursuant to Code of Civil Procedure section 1010.6(d), documents filed by represented parties in all limited, unlimited, and complex civil actions must be filed electronically and allow for service electronically, unless the Court excuses parties from doing so.
Civil cases
Page 18 | Rule 352. Electronic Filing in Civil Cases
Electronic filing must be completed using the court’s electronic service providers; provider information is available on the Court’s website.
The electronic filing of documents must be effected using the court’s electronic service providers. Electronic service provider information is available on the Court’s website at www.occourts.org.
Civil cases
Page 18 | Rule 352. Electronic Filing in Civil Cases
An initiating party depositing cash or check is excused from mandatory e-filing and must file the notice of appeal and deposit directly with the court in person.
Where the party initiating a labor commissioner appeal will be depositing cash or check to satisfy the requirements of Labor Code section 98.2(b), that party is excused from the mandatory e-filing requirements set forth in Local Rule 352. In such case, the notice of appeal must be filed directly with the court in-person, and the cash or check must be filed directly with the court at the same time as the notice of appeal.
Civil cases
Page 45 | Rule 393. Labor Commissioner Appeals
When the initiating party has obtained a bond or undertaking and must e-file the notice of appeal, a copy of the bond or undertaking documentation must also be e-filed.
Where the party initiating a labor commissioner appeal is required to e-file the notice of appeal and the initiating party has obtained a bond or undertaking, a copy of the bond or undertaking documentation must be e-filed at the same time the notice of appeal is e-filed in order to comply with Labor Code section 98.2(b).
Civil cases
Page 45 | Rule 393. Labor Commissioner Appeals
Self-represented parties are encouraged, but not required, to participate in electronic filing and service.
Although not required, self-represented parties are encouraged to participate in electronic filing and service.
Civil cases
Page 18 | Rule 352. Electronic Filing in Civil Cases
Filing Timing and Cure Windows
Executive Committee nomination papers must be filed with the Office of the Court Executive Officer by the first Friday in September of an election year.
The nomination papers must be filed with the Office of the Court Executive Officer no later than the first Friday in September of an election year.
Page 11 | Rule 168. Nomination and Election Process – Executive Committee
A written request by 10% of the court’s sitting judges must be filed with the Presiding Judge within 10 court days after publication of the minutes to vacate the Executive Committee action.
Any action taken by the Executive Committee must be vacated immediately upon filing with the Presiding Judge the written request of 10% of the total number of sitting judges of the court made within 10 court days of publication of the minutes pursuant to Rule 170C, and the Presiding Judge must place the subject matter on the agenda for consideration of the next meeting of all the judges.
Page 14 | Rule 170. Meetings of the Executive Committee
The original affidavit must be filed within five days of the damage.
An original affidavit shall be filed within five (5) days of the occurrence of the damage.
Page 17 | Trial exhibits
A motion disputing whether a matter is a collection case must be filed within 30 days after service is completed on the first defendant if brought by the plaintiff, or on the moving defendant.
Disputes regarding whether or not a matter is a collection case may be resolved by the trial judge on the motion of any party, filed not later than 30 days after service has been completed on the first defendant, if the motion is by the plaintiff, or on the moving party if the motion is by a defendant.
Civil cases
Page 5 | Rule 313(A)
If the defendant remains unserved and there is no periodic-payment agreement, the Certificate of Due Diligence must be re-filed every 90 days unless an Application for Order for Publication is pending.
If the defendant has neither been served nor an agreement for periodic payments has been entered into, a Certificate of Due Diligence must be re-filed every 90 days unless there is an Application for Order for Publication pending.
Civil cases
Page 6 | Rule 313(D)
The Settlement Conference Statement must be lodged with the Clerk’s Office no later than five court days before the mandatory settlement conference.
The parties must execute a Settlement Conference Statement in the form adopted by the court, and must lodge it with the Clerk’s Office, no later than five court days prior to the mandatory settlement conference.
Civil cases
Page 8 | Rule 316. Mandatory Settlement Conference
The joint Meet and Confer Statement must be filed within 30 days after service of the responsive pleading.
The parties must file a joint Meet and Confer Statement within 30 days after service of the responsive pleading.
Civil cases
Page 8 | Rule 315. Meet and Confer Statement
Exhibits, photos, and diagrams must be submitted on the trial date, except those used only for impeachment or rebuttal.
Exchange exhibits and inspect photos and diagrams (to be submitted on the date of trial), excluding those that will be used only for impeachment or rebuttal.
Civil cases
Page 11 | Rule 317.A.1
The items required for the Issue Conference, including the signed Statement of Compliance, must be filed by noon on the Wednesday before trial.
The above items, including the Statement of Compliance signed by all counsel and self- represented parties, must be filed no later than noon of the Wednesday before trial.
Civil cases
Page 12 | Rule 317.A
Counsel and self-represented parties must appear at the case management conference unless, at least five court days beforehand, an At-Issue Memorandum for Trial Setting or Notice of Settlement was filed, a disposition was achieved, or an Alternative Dispute Resolution stipulation was filed.
Appearance at the case management conference is required by all counsel and self- represented parties unless one of the following occurred not less than five court days prior: A. An At-Issue Memorandum for Trial Setting has been filed; B. A disposition of the case has been achieved by the parties. A voluntary dismissal, judgment or transfer constitutes a disposition of the case. C. A Notice of Settlement has been filed. D. An Alternative Dispute Resolution stipulation has been filed.
Civil cases
Page 14 | Rule 321. Case Management Conference – Appearance
Proof of service must be filed in the Clerk’s Office at least five calendar days before the hearing, or the case may be dismissed.
Plaintiff must file proof of service on the defendant in the Clerk’s Office at least five calendar days before the hearing or the case may be dismissed.
Civil cases
Page 16 | Rule 341. Small Claims – Return of Service
Electronic filing does not excuse compliance with other filing deadlines or requirements, including deadlines requiring filing by a set time on the due date.
This provision concerns only the method and effective date of filing; any document that is electronically filed must satisfy all other legal filing deadlines and requirements. This Rule does not affect the timing requirements for any documents that must be filed by a set time on the due date.
Civil cases
Page 18 | Rule 352. Electronic Filing in Civil Cases
An electronic filing received before midnight on a court day is deemed filed that day; one received at midnight or on a noncourt day is deemed filed on the first court day after receipt, and filing occurs when the Court receives the document and creates a receipt confirmation.
Electronically filed documents filed prior to midnight on a court day will be deemed filed as of that day, pursuant to Code of Civil Procedure section 1010.6(b)(3) and California Rules of Court, rule 2.253(b)(7). For purposes of this Rule, filing occurs at the time the document is received by the court and a confirmation of receipt is created. (See Cal. Rules of Court, rule 2.259(a)(1) and (c).) Any electronically filed document received by the Court at midnight, or filed on a noncourt day, will be deemed filed on the first court day after it is received.
Civil cases
Page 18 | Rule 352. Electronic Filing in Civil Cases
In an unlawful detainer case, if none of the listed events occurs within 30 days after the complaint is filed, the court will set an order-to-show-cause hearing about dismissal.
If any of the following has not occurred within 30 days of the filing of a complaint for unlawful detainer, consistent with the policy set forth in Rule 353, the court will notice a hearing on an order to show cause why the complaint should not be dismissed: A. A request to set case for trial has been filed; B. The case has been designated as a general civil matter; C. A disposition of the case has been entered. (A dismissal, judgment or transfer constitutes a disposition of the case); or, D. A notice of settlement has been filed.
Civil cases
Page 20 | Rule 356. Delay Reduction – Unlawful Detainer
Within 15 days after appointment, the arbitrator must set the hearing’s time, date, and place and notify each party and the ADR Administrator in writing.
Within 15 days after the appointment of the arbitrator, the arbitrator must set the time, date, and place of the arbitration hearing and notify each party and the ADR Administrator in writing of the time, date, and place set.
Civil cases
Page 23 | 6. Arbitrator’s Duties and Responsibilities — Hearings, Notice, When and Where Held
The parties may submit a written stipulation naming their chosen arbitrator to the ADR Administrator within 10 days after the case is ordered to arbitration.
The parties may stipulate to an arbitrator within 10 days after the case is ordered to arbitration by submitting a written stipulation for the arbitrator of their choice to the ADR Administrator.
Civil cases
Page 23 | Appointment of Arbitrators
If no arbitrator stipulation is received within 10 days after the case is ordered to arbitration, the ADR Administrator appoints an arbitrator at random from the panel.
If no stipulation for an arbitrator is received within 10 days after the case is ordered to arbitration, the ADR Administrator will appoint an arbitrator at random from the panel of arbitrators.
Civil cases
Page 23 | Appointment of Arbitrators
The arbitration hearing must be scheduled 35 to 90 days after assignment of the case to the arbitrator, including time attributable to continuances.
The hearings must be scheduled to take place not sooner than 35 days and not later than 90 days from the date of the assignment of the case to the arbitrator, including any time due to continuances;
Civil cases
Page 23 | 6. Arbitrator’s Duties and Responsibilities — Hearings, Notice, When and Where Held
The new hearing date must be set within 90 days from the date the arbitrator was appointed.
The new hearing date must be set within 90 days from the date the arbitrator was appointed.
Civil cases
Page 24 | 7. Continuances
A party may request a trial de novo by filing with the ADR Administrator within 30 days after the award is filed, and this deadline cannot be extended.
Within 30 days after the arbitration award is filed, any party may request a trial de novo by filing with the ADR Administrator a request for trial, with proof of service of a copy upon all other parties appearing in the case. The 30 day period within which to request trial may not be extended.
Civil cases
Page 25 | 11. Trial de Novo
Arbitration discovery must be completed at least 15 days before the hearing, unless the Court grants a good-cause extension or the parties stipulate to an extension.
The parties to the arbitration have the right to conduct discovery, and to that end may exercise all of the same rights, remedies and procedures, and will be subject to all of the same duties, liabilities, and obligations as provided in Part 4, Title 3, Chapter 3 of the Code of Civil Procedure for unlimited civil cases, and as provided in Part 1, Title 1, Chapter 5.1 of the Code of Civil Procedure for limited cases, except that all arbitration discovery must be completed no later than 15 days prior to the date set for the arbitration hearing unless the Court, upon a showing of good cause, makes an order granting an extension of the time within which discovery must be completed. The parties may also stipulate to an extension of time.
Civil cases
Page 25 | 9. Discovery
The parties must complete mediation within 90 days of referral.
The parties must complete the mediation process within 90 days of the date of referral.
Civil cases
Page 26 | 4. Timing of Mediation and Trial Dates
The case management statement is due no later than 15 calendar days before the case management conference.
No later than 15 calendar days prior to the case management conference, each party must file a case management statement as detailed in California Rules of Court, rule 3.725. The statement may be filed jointly.
Civil cases
Page 35 | Rule 369. Case Management Statement and Conference
The bond or undertaking documentation must be e-filed at the same time as the notice of appeal.
Where the party initiating a labor commissioner appeal is required to e-file the notice of appeal and the initiating party has obtained a bond or undertaking, a copy of the bond or undertaking documentation must be e-filed at the same time the notice of appeal is e-filed in order to comply with Labor Code section 98.2(b).
Civil cases
Page 45 | Rule 393. Labor Commissioner Appeals
The original bond or undertaking must be filed with the court within 10 calendar days.
Pursuant to California Rules of Court, rule 2.252(e), the original bond or undertaking must then be filed with the court within ten (10) calendar days.
Civil cases
Page 45 | Rule 393. Labor Commissioner Appeals
A dismissal must be filed when settlement terms are complete.
The parties are ordered to comply with California Rules of Court, rule 3.1385, by filing a dismissal upon completion of settlement terms or by notifying the department of the assigned judicial officer if the stay is vacated or upon dismissal or judgment following binding arbitration.
Civil cases
Page 45 | Rule 392. Settlement, Federal Removal, Binding Arbitration
The cash or check deposit must be filed directly with the court at the same time as the notice of appeal.
Where the party initiating a labor commissioner appeal will be depositing cash or check to satisfy the requirements of Labor Code section 98.2(b), that party is excused from the mandatory e-filing requirements set forth in Local Rule 352. In such case, the notice of appeal must be filed directly with the court in-person, and the cash or check must be filed directly with the court at the same time as the notice of appeal.
Civil cases
Page 45 | Rule 393. Labor Commissioner Appeals
The Settlement Conference Statement must be lodged with the court five court days before the mandatory settlement conference.
Settlement Conference 316 Prepared by attorneys Pre-print form Statement and lodged with court “Settlement five court days prior Conference to mandatory Statement” available settlement conference in Clerk’s Office
Civil cases
Page 46 | Appendix A — Summary of Required Filings
The Statement of Compliance must be submitted to the court by noon on the Wednesday before the trial date.
Statement of Compliance 317 Prepared by attorneys Pre-printed form and submitted to “Statement of court by noon of Compliance available Wednesday before in Clerk’s Office
Civil cases
Page 46 | Appendix A — Summary of Required Filings
The Meet and Confer Statement must be filed within 30 days after service of the first responsive pleading.
Meet and Confer Statement 315 Signed by attorneys Pre-printed form and filed within 30 “Meet and Confer days after service of Statement” available the first responsive in Clerk’s Office
Civil cases
Page 46 | Appendix A — Summary of Required Filings
The request should be made a minimum of five calendar days prior to the requested date, and include the amount of time needed to complete the activity.
The request should be made a minimum of five calendar days prior to the requested date, and include the amount of time needed to complete the activity.
Page 18 | G. Non-case Related Requests to Film in Justice Center Facilities
A party who disagrees with the memorandum's information or estimates may serve and file a counter-memorandum within 10 days after service of the memorandum.
A party not in agreement with the information or estimates given in the memorandum may serve and file a counter-memorandum within 10 days after service of the memorandum.
Civil cases
Page 16 | Rule 339. Civil Cases at Issue
Filing the ADR Stipulation form with the Clerk’s Office at least 10 days before the Case Management Conference makes an appearance at that hearing unnecessary.
If the parties file the Alternative Dispute Resolution (ADR) Stipulation form with the Clerk’s Office at least 10 days before the Case Management Conference, then no appearance will be necessary at that hearing.
Civil cases
Page 26 | 2. Attendance at Case Management Conference
Parties should file default packets in the Clerk’s Office within five court days prior to a scheduled hearing.
Parties should file such default packets in the Clerk’s Office within five court days prior to any scheduled hearing date.
Civil cases
Page 44 | Rule 384. Default Judgments
A party may file an At-Issue Memorandum for Trial Setting once the case is at issue and before the case management conference.
An At-Issue Memorandum for Trial Setting (Local form #L-31) may be filed when the case is at issue any time before the case management conference.
Civil cases
Page 16 | Rule 339. Civil Cases at Issue
Service and Proof of Service Rules
The defendant or cross-defendant must serve a response on the plaintiff and cross-complainant no more than five days after receiving the settlement demand, with proof of service attached.
No more than five days after receipt of the settlement demand described in section 1.b. hereof, the defendant or cross-defendant must serve a response to the settlement demand on plaintiff and cross-complainant. The response, with proof of service attached must be brought to the hearing, not filed in advance.
Civil cases
Page 9 | F. Duties of Counsel or Self-Represented Party — 2.c. Duties of Defendant's and Cross-Defendant's Counsel
Counsel or a self-represented party must serve the settlement demand on all defendants and cross-defendants at least five days before the hearing, with proof of service attached.
At least 5 days prior to the hearing, counsel or self-represented party must serve a settlement demand on all defendants and cross- defendants. The demand, with proof of service attached, is to be brought to the hearing, not filed in advance.
Civil cases
Page 9 | F. Duties of Counsel or Self-Represented Party — 1.b. Duties of Plaintiff's and Cross-Complainant's Counsel
The plaintiff must file proof of service on the defendant in the Clerk’s Office at least five calendar days before the hearing, or the case may be dismissed.
Plaintiff must file proof of service on the defendant in the Clerk’s Office at least five calendar days before the hearing or the case may be dismissed.
Civil cases
Page 16 | Rule 341. Small Claims – Return of Service
After receiving notice of the CMC, the initiating party must serve CMC notice on all other named parties.
Upon receiving notice of the CMC, the party initiating the case (e.g. Plaintiff/Petitioner) must serve notice of the CMC to all other named parties (e.g., Defendant/Respondent).
Civil cases
Page 19 | Rule 355. Delay Reduction – General Civil
The specified email address is deemed proper for service, subject to the cited statutes and rules.
email address will be deemed to be the proper email address for service subject to the provisions set forth in Code of Civil Procedure section 1010.6(d). This rule is subject to the provisions set forth in California Rules of Court, rules 2.250 to 2.259.
Civil cases
Page 19 | Rule 352
A party adding parties through a pleading must serve CMC notice on the newly added parties when serving that pleading.
Parties who file pleadings that add parties to the case must serve notice of the CMC to the newly added parties when serving the pleading.
Civil cases
Page 19 | Rule 355. Delay Reduction – General Civil
The arbitrator must serve the ADR Session notice on all counsel of record and self-represented parties at least 30 days before the hearing.
The arbitrator must serve a "Notice of Alternative Dispute Resolution (ADR) Session" upon all counsel of record and self-represented parties at least 30 days prior to the hearing date.
Civil cases
Page 23 | 6. Arbitrator’s Duties and Responsibilities — Hearings, Notice, When and Where Held
A trial de novo request must include proof that a copy was served on all other parties appearing in the case.
Within 30 days after the arbitration award is filed, any party may request a trial de novo by filing with the ADR Administrator a request for trial, with proof of service of a copy upon all other parties appearing in the case.
Civil cases
Page 25 | 11. Trial de Novo
Parties intending to appear remotely at a non-evidentiary proceeding must notify all parties or persons entitled to notice by the time the hearing commences.
By the commencement of the hearing, parties intending to appear remotely for non-evidentiary proceedings must provide notice to all parties or persons entitled to receive notice.
Civil cases
Page 39 | (e) Appearances in Non-Evidentiary Proceedings
After service under Code of Civil Procedure Section 708.110 et seq., proof of service must be filed with the Clerk of the Court no later than three court days immediately preceding the hearing, unless the court orders otherwise.
After a party has been served pursuant to Section 708.110 et seq. of the Code of Civil Procedure, the proof of service must be filed with the Clerk of the Court no later than three court days immediately preceding the hearing date, unless otherwise ordered by the court.
Civil cases
Page 44 | Rule 386. Examination of Judgment Debtors and Third Persons
Filing Fees and Waivers
A party with a fee waiver is exempt from electronic filing fees and costs when filing documents electronically.
If a party with a fee waiver files documents electronically, that party is exempt from the fees and costs associated with electronic filing.
Civil cases
Page 18 | Rule 352. Electronic Filing in Civil Cases
Courtesy Copy Requirements
The parties must deliver a Joint Trial Notebook to the trial-department clerk for the Court by noon on the Wednesday before trial; it is a courtesy copy and does not replace electronic filing.
By noon on the Wednesday before trial, the parties must deliver to the clerk in the trial department, for the Court, a tabbed three-ring Joint Trial Notebook that contains all of the following items, if applicable. Separate notebooks must be used if any notebook will be more than 3” thick. The Trial Notebook is a courtesy copy for the Court’s use and does not relieve the parties of their obligation to electronically file all trial-related documents.
Civil cases
Page 12 | Rule 317.B
Two separate courtesy copies of the Joint Witness List must be provided to the Clerk.
Two separate courtesy copies of the Joint Witness List must also be provided to the Clerk.
Civil cases
Page 12 | Rule 317.B.4
Two separate courtesy copies of the Joint Exhibit List must be provided to the Clerk.
Two separate courtesy copies also must be provided to the Clerk.
Civil cases
Page 12 | Rule 317.B.7
For jury trials, a separate courtesy copy of the proposed jury instructions must be provided to the Court.
A separate courtesy copy must also be provided separately to the Court. (Jury Trials only.)
Civil cases
Page 12 | Rule 317.B.8
Sealing & Redaction Procedures
The Settlement Conference Statement is confidential, must be sealed at the conference’s conclusion, and may be opened only by party stipulation or subsequent court order.
The statement will be confidential, must be sealed at the conclusion of the conference, and may be opened only by stipulation of the parties or subsequent court order.
Civil cases
Page 8 | Rule 316. Mandatory Settlement Conference
The parties may request that the copy of the payment agreement be confidential.
(The copy of said agreement, at the request of the parties, may be confidential.)
Civil cases
Page 6 | Rule 313(B)(3)
Filing Bundling Requirements
Requests for entry of default, default-judgment declarations, supporting evidence, and judgments must be submitted together in one packet.
All Requests for Entry of Default, declarations for entry of default judgment, supporting evidence, and judgments must be submitted together as a single packet.
Civil cases
Page 44 | Rule 384. Default Judgments
Pre-Motion Conference Requirements
A motion to continue the hearing beyond 90 days must be set before the judicial officer who signed the Arbitration Referral order.
Such motions must be set for hearing before the judicial officer who signed the Arbitration Referral order.
Civil cases
Page 24 | 7. Continuances
Adjournment & Extension Requirements
If the defendant has not been served, the case may be reset once, and a request to reset must be made at least three court days before the original hearing date.
If the defendant is not served, the Clerk’s Office will reset the case once. Any request for resetting must be done at least three court days before the original hearing date.
Civil cases
Page 17 | Rule 343. Delay Reduction – Small Claims
A status conference may be continued only by motion to the court.
Status conferences may only be continued by motion to the court.
Civil cases
Page 20 | Rule 358. Delay Reduction – Continuance of Settlement Conference
A hearing may be continued by a written stipulation signed by all parties and consented to by the assigned arbitrator.
By written stipulation, signed by all parties, with the consent of the assigned arbitrator.
Civil cases
Page 24 | 7. Continuances
If the desired hearing date is more than 90 days after the arbitrator’s appointment, a continuance may be sought by noticed motion.
By noticed motion, if the desired hearing date exceeds 90 days from the date the arbitrator was appointed.
Civil cases
Page 24 | 7. Continuances
By written stipulation of all parties, and approval by the Court, if the hearing date exceeds 90 days from the date the arbitrator was appointed.
By written stipulation of all parties, and approval by the Court, if the hearing date exceeds 90 days from the date the arbitrator was appointed.
Civil cases
Page 24 | 7. Continuances
If the party or attorney who procured the order fails to appear while the named person, firm, or corporation appears, the examination may be vacated without costs to the party who secured the order, and no further hearing will be scheduled earlier than 120 days after the vacated date unless good cause is shown in writing.
If the party or attorney who procured the order fails to appear, but the person, firm or corporation named in the order appears, the examination may be vacated without costs being awarded to the party who secured the order and no further hearing will be scheduled earlier than 120 days from the date of such vacated date unless good cause shown in writing.
Civil cases
Page 44 | Rule 386. Examination of Judgment Debtors and Third Persons
If the rule is not followed, the examination may be vacated without costs to the party who secured the order, and no further hearing will be scheduled earlier than 120 days after the originally scheduled hearing unless good cause is shown in writing.
If there is a failure to comply with this rule, the examination may be vacated without costs being awarded to the party who secured the order and no further hearing will be scheduled earlier than 120 days from the date of the originally scheduled hearing, except for good cause shown in writing.
Civil cases
Page 44 | Rule 386. Examination of Judgment Debtors and Third Persons
Unless these rules specifically allow otherwise, parties may not modify, extend, or continue a hearing date or deadline by stipulation without the judicial officer’s written approval.
Except as specifically allowed by these rules, no hearing date or deadline specified by the rules of this division may be modified, extended, or continued by stipulation of the parties, without the written approval of the judicial officer.
Civil cases
Page 44 | Rule 388. No Extensions without Court Approval
The completion time for a stipulated judgment or periodic-payment agreement may be extended for good cause on noticed motion.
The time within which a stipulated judgment or agreement for periodic payments is required to be completed may be extended for good cause upon noticed motion.
Civil cases
Page 6 | Rule 313(C)
In a multi-defendant case, the parties may apply for one extension to hold the meeting upon a showing of good cause.
Where necessary in multi-defendant cases, and upon a showing of good cause, the parties may apply for one extension of time within which to hold said meeting.
Civil cases
Page 7 | Rule 315. Meet and Confer Statement
For good cause shown, the Court may extend the time for arbitration.
provided, however, for good cause shown the Court may extend the time for arbitration.
Civil cases
Page 23 | 6. Arbitrator’s Duties and Responsibilities — Hearings, Notice, When and Where Held
The Court may extend the discovery-completion period upon a showing of good cause, and the parties may stipulate to an extension.
The parties to the arbitration have the right to conduct discovery, and to that end may exercise all of the same rights, remedies and procedures, and will be subject to all of the same duties, liabilities, and obligations as provided in Part 4, Title 3, Chapter 3 of the Code of Civil Procedure for unlimited civil cases, and as provided in Part 1, Title 1, Chapter 5.1 of the Code of Civil Procedure for limited cases, except that all arbitration discovery must be completed no later than 15 days prior to the date set for the arbitration hearing unless the Court, upon a showing of good cause, makes an order granting an extension of the time within which discovery must be completed. The parties may also stipulate to an extension of time.
Civil cases
Page 25 | 9. Discovery
Chambers Communication Rules
The arbitrator must promptly notify the ADR Administrator of known grounds for disqualification, after which another arbitrator will be appointed under the rules.
The arbitrator must promptly notify the ADR Administrator of any grounds for disqualification known to him/her, and another arbitrator will be appointed as provided in these rules.
Civil cases
Page 23 | 6. Arbitrator’s Duties and Responsibilities — Disqualification
If the arbitrator cannot hold the hearing within the specified time limits, a notification must be submitted to the ADR Administrator, who returns the case to the pending-appointment list and appoints a new arbitrator.
If the arbitrator cannot hold a hearing within the time limitations set forth supra, a notification must be submitted to the ADR Administrator who will return the case to the list of cases pending appointment of an arbitrator and will appoint a new arbitrator pursuant to section D.6 of this Rule.
Civil cases
Page 24 | 6. Arbitrator’s Duties and Responsibilities — Hearings, Notice, When and Where Held
Counsel and parties may not communicate ex parte with the arbitrator, except to schedule the arbitration hearing or request a continuance.
There may not be any ex parte communication by counsel or the parties with the arbitrator except for the purposes of scheduling the arbitration hearing or requesting a continuance.
Civil cases
Page 24 | 8. Communication with the Arbitrator
No party’s settlement offers may be disclosed to the arbitrator before the award is filed.
Disclosure of any offers of settlement made by any party may not be made to the arbitrator prior to the filing of the award.
Civil cases
Page 24 | 8. Communication with the Arbitrator
A party planning to appear by telephone must provide notification in accordance with California Rules of Court, rule 3.670.
Notification that a party will appear telephonically must be made in accordance with rule 3.670, California Rules of Court.
Civil cases
Page 37 | Rule 373. Telephonic Appearances
For covered non-evidentiary proceedings, a party seeking to appear remotely must notify the Court online through its hyperlink on the hearing day; doing so also requests and agrees to remote appearance.
For non-evidentiary proceedings, parties shall provide notice of remote appearance to the Court online by clicking on a court provided hyperlink on the day of the hearing. By so clicking, a party is also making a request to appear remotely and agreeing to the remote appearance.
Civil cases
Page 39 | (e) Appearances in Non-Evidentiary Proceedings
A party seeking to appear remotely at a gun violence restraining order hearing must notify the Court online through its hyperlink and agree to the remote appearance.
Parties shall provide notice of remote appearance to the Court online by clicking on a court-provided hyperlink and agreeing to the remote appearance.
Civil cases
Page 40 | (i) Gun Violence Restraining Orders
The parties must notify the assigned judicial officer’s department if the stay is vacated or after dismissal or judgment following binding arbitration.
The parties are ordered to comply with California Rules of Court, rule 3.1385, by filing a dismissal upon completion of settlement terms or by notifying the department of the assigned judicial officer if the stay is vacated or upon dismissal or judgment following binding arbitration.
Civil cases
Page 45 | Rule 392. Settlement, Federal Removal, Binding Arbitration
Inquiries and complaints should be submitted or referred to the complaint coordinator.
All inquiries and complaints should be submitted or referred to the complaint coordinator.
Civil cases
Page 29 | d. Submission of inquiries and complaints to the complaint coordinator
Anyone experiencing technology or audibility issues during a remote proceeding must alert the court by calling the courtroom; courtroom phone numbers are listed in the Civil Phone Department Directory.
In the event any party, witness, official reporter, official reporter pro tempore, court interpreter, or other court personnel experiences technology or audibility issues that arise during any remote conference, hearing, proceeding, or trial, that person is to alert the court by calling the courtroom. Phone numbers for the courtrooms can be found at Civil Phone Department Directory (https://www.occourts.org/directory/civil/CivilPhoneDepartmentDirectory.pdf).
Civil cases
Page 42 | Technology or Audibility Issues
The individual department advises parties whether telephonic appearance calls should be placed directly to the department or through a private telephone vendor.
Individual departments will advise the parties whether telephone calls are to be placed directly to the department or through a private telephone vendor.
Civil cases
Page 37 | Rule 373. Telephonic Appearances
If a proceeding is conducted entirely remotely, the press and public may contact the courtroom to obtain public access.
In the event any proceeding is conducted entirely remotely, the press and public can obtain public access by contacting the courtroom.
Civil cases
Page 42 | Public Access