Judge Lee L. Gabriel
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
In Limine Motion, Opposition
Statement Of Compliance
- As Part Of Trial Notebook
Communication
Phone
Chambers
Document Format Requirements3 rules
The proposed order submitted with an ex parte application must be in Word format.
4. Proposed Order in Word format.
DOCX
Two complete sets of exhibits must be submitted in 3-ring binders with number tabs and an identifying exhibit list.
Two (2) complete sets of exhibits in 3-ring binders with the exhibit list identifying each such exhibit, and with number tabs separating each exhibit, shall be submitted to the Court (one for the Court and one for the witness stand). Each tab should bear the corresponding exhibit number.
Word-editable versions of any contested instructions or verdict forms must be emailed to the Clerk at the commencement of trial.
Word editable versions of any contested instructions or verdict form must also be emailed to the Clerk at the commencement of trial.
DOCX
Document Filing Requirements13 rules
Ex parte moving papers must demonstrate proper notice with admissible evidence and state whether the other parties will oppose the application.
The moving papers must demonstrate with admissible evidence that the moving party gave proper notice and must state whether the other parties to the case will oppose the application.
Document Type
Ex Parte Application
Ex parte applications must comply with CRC 3.1200-3.1207 and include a notice declaration, an irreparable harm declaration, a memorandum of points and authorities, and a proposed order.
Ex parte applications must comply with CRC 3.1200 through 3.1207. Applications must be in writing and include the following: 1. Declaration setting forth details of the notice given to opposing counsel of the ex parte hearing and stating whether the application will be opposed. 2. Declaration, based on personal knowledge, describing the irreparable harm that would occur if the relief requested is not granted. 3. Memorandum of Points and Authorities in support of the application. 4. Proposed Order in Word format.
Document Type
Ex Parte Application
Counsel must jointly prepare a trial notebook for the court containing specified separately tabbed documents.
In addition to the exhibit binders required for trial exhibits, counsel shall jointly prepare a trial notebook for the court. The trial notebook is a courtesy copy for the Court's use; it does not absolve the parties of the need to e-file all trial-related documents. The Court's trial notebook shall contain the following documents, each separately tabbed:
Document Type
Trial Notebook
Video or audio tape evidence may only be introduced if accompanied by a separately marked transcript or still-picture representation.
Video tape or audio tape evidence may not be introduced unless accompanied by a separately marked audio transcript and/or “still picture” representation of what the proponent seeks to present as evidence.
Document Type
Video Audio Evidence
Each in limine motion must show a number, the moving party's identity, and a short description on its face page.
Each in limine motion shall be assigned a number, which must be set forth on the face page of the motion, along with the identity of the party bringing the motion and a short description of the motion (e.g. “Plaintiff’s Motion In Limine No. 1 to Exclude Reference to Plaintiff’s 2013 Theft Conviction”).
Document Type
In Limine Motion
Every exhibit in the witness copy must have a filled-out exhibit tag attached.
Every exhibit in the witness copy must have an exhibit tag filled out and attached.
Document Type
Exhibits
The Statement of Compliance must be accompanied by a Joint Statement of Case, Joint Witness List, Stipulated Facts, Requested Voir Dire Questions, and List of Controverted Issues.
Please attach to this Statement of Compliance: Joint Statement of Case, Joint Witness List, Stipulated Facts, Requested Voir Dire Questions and List of Controverted Issues.
Document Type
Statement Of Compliance
The Statement of Compliance must be executed by all counsel and filed with the clerk in the assigned judge's department.
This Statement of Compliance shall be executed by all counsel and filed with the court clerk in the department of the judge to whom the case has been assigned for trial.
Document Type
Statement Of Compliance
Written evidentiary objections must comply with CRC 3.1354.
Document Type
Evidentiary Objections
Separate statements must comply with CRC 3.1350.
Document Type
Separate Statement
All proposed jury instructions and verdict forms must be submitted to the clerk as part of the Joint Trial Notebook.
All proposed jury instructions and verdict forms must be submitted to the clerk as party of the “Joint Trial Notebook”.
Document Type
Jury Instructions
Before trial, the parties must give the Court a separately indexed joint compendium of agreed-upon and contested jury instructions and verdict forms, organized by proponent with competing verdict forms appended collectively.
Prior to the commencement of trial, the parties shall also provide the Court with a separately indexed joint compendium identifying all agreed upon and contested instructions or verdict forma, with all instructions attached and organized by proponent and competing verdict forms appended collectively (e.g., attachment A consists of jointly requested instructions, attachment B consists of instructions requested by Plaintiff but disputed by Defendant, attachment C consists of instructions requested by Defendant but disputed by Plaintiff, attachment D consists of the parties competing verdict forms:
Document Type
Jury Instruction Compendium
The parties must submit a joint witness list.
Parties are required to submit a joint witness list.
Document Type
Witness List
Filing & Service rules
Electronic Filing Rules
Ex parte applications and related papers must be filed electronically.
All papers in support of an ex parte application (including the proposed order) must be e-filed no later than noon the business day before the ex parte hearing.
Page 2 | Ex Parte Applications
Withdrawal paperwork must be e-filed even when a motion is taken off calendar.
This does not absolve the parties of e-filing the necessary paperwork regarding withdrawal of the motion.
Page 3 | LAW AND MOTION
All trial-related documents must be e-filed even though a trial notebook is provided to the court.
The trial notebook is a courtesy copy for the Court's use; it does not absolve the parties of the need to e-file all trial-related documents.
Page 4 | TRIAL PROCEDURES
Statement of Compliance and attachments must be e-filed.
A Statement of Compliance and its required attachments shall be e-filed and a courtesy copy provide to the court as part of the court's trial notebook.
Page 4 | TRIAL PROCEDURES
Filing Timing and Cure Windows
Ex parte applications must be e-filed by noon the day before the hearing.
Ex parte applications shall be e-filed by noon the day before the hearing.
Page 1 | Calendar Information
Written opposition must be e-filed by 3:00 p.m. the day before the hearing.
Written opposition shall be e-filed by 3:00 p.m. the day before the hearing.
Page 2
Oppositions to ex parte applications must be e-filed no later than 3:00 p.m. the day before the hearing.
Oppositions to ex parte applications must be e-filed no later than 3:00 p.m. the day before the hearing.
Page 2 | Ex Parte Applications
All ex parte papers, including the proposed order, must be e-filed by noon on the business day before the hearing.
All papers in support of an ex parte application (including the proposed order) must be e-filed no later than noon the business day before the ex parte hearing.
Page 2 | Ex Parte Applications
All motion papers must be filed within 24 hours of reserving a motion date, except for summary judgment motions.
Motions dates must be reserved on the Court Public Website at www.occourts.org. All motion papers must be filed within 24 hours of the reservation, except for summary judgment motions.
Page 3 | LAW AND MOTION
The Issue Conference must take place at least 14 days before trial.
Note that Rule 317 requires that the Issue Conference take place at least 14 days before the trial date.
Page 4 | TRIAL PROCEDURES
In limine motions must be exchanged and discussed no later than the Issue Conference.
In limine motions must be exchanged and discussed no later than the Issue Conference.
Page 4 | TRIAL PROCEDURES
Motions for summary judgment and/or adjudication are exempt from the 24-hour e-filing rule that applies to other motions.
Motions for Summary Judgment and/or Adjudication are the only Motions that do not adhere to the 24-hour rule for e-filing.
Page 1 | Calendar Information
Courtesy Copy Requirements
A courtesy copy of the Statement of Compliance must be provided to the court as part of the trial notebook.
A Statement of Compliance and its required attachments shall be e-filed and a courtesy copy provide to the court as part of the court's trial notebook.
Page 4 | TRIAL PROCEDURES
Courtesy copies of in limine motions and oppositions must be included in the court's trial notebook.
Courtesy copies of the in limine motions (including oppositions) shall be included in the court’s trial notebook.
Page 5 | In Limine Motions
Department C32 does not require courtesy copies.
Department C32 does not require courtesy copies.
Page 3 | LAW AND MOTION
Filing Bundling Requirements
Declarations in summary judgment motions must be filed separately, not attached to the motion or memorandum.
Declarations filed in support of or in opposition to a motion for summary judgment and/or adjudication must be separately filed, i.e. not attached to or made part of the notice of motion and motion or the memorandum of points and authorities.
Page 3 | LAW AND MOTION
If there are 3 or more in limine motions, they must be bound separately from the trial notebook and delivered to the Courtroom Clerk with it.
If there are 3 or more in limine motions, they must be placed in a binder separate from the trial notebook and delivered to the Courtroom Clerk with the trial notebook.
Page 5 | In Limine Motions
Pre-Motion Conference Requirements
Counsel must meet and confer in good faith to resolve as many in limine motions as possible before trial.
counsel shall meet and confer in a good faith effort to resolve as many in limine motions as possible before trial.
Page 5 | In Limine Motions
Chambers Communication Rules
Ex parte hearing reservations must be made with the department by 10:00 a.m. the day before the hearing.
Reservations must be made with the department no later than 10:00 a.m. the day before the hearing.
Page 1 | Calendar Information
Telephone notice to the courtroom must be given by 10:00 a.m. the day before the ex parte hearing.
Telephone notice to the Courtroom must be given by 10:00 a.m. the day before the Ex parte hearing.
Page 2 | Ex Parte Applications
Counsel must immediately advise the Court when taking a law and motion matter off calendar.
If for any reason counsel wish to take a Law and Motion matter off calendar (e.g. the case settled while the motion was pending or the motion has become moot) counsel must advise the Court immediately.
Page 3 | LAW AND MOTION
Counsel may not reserve more than one date for the same motion.
Counsel may not, however, reserve more than one date for the same motion.
Page 3 | LAW AND MOTION