LOS ANGELES SUPERIOR COURT LOCAL RULES

Transcription

1 LOS ANGELES SUPERIOR COURT LOCAL RULES Effective July 1, 2011 Table of Contents Local Rules Chapters 1-9 Appendices Index Conversion Tables for Old Rules and New Rules

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3 CHAPTER ONE DEFINITIONS AND GOVERNANCE DEFINITIONS DEFINITIONS AND USE OF TERMS GOVERNANCE PRESIDING JUDGE ASSISTANT PRESIDING JUDGE ACTING PRESIDING JUDGE ELECTION OF PRESIDING, ASSISTANT PRESIDING JUDGE (a) Nomination (b) Distribution of Ballots (c) Voting (d) Absentee Ballots (e) Count of Vote (f) Majority Vote (g) Less Than Majority Vote Run-off Election (h) Term of Office (i) Vacancy in Office of Presiding Judge (j) Uncontested Offices (k) Removal of Presiding Judge or Assistant Presiding Judge (l) Filling Mid-Year Vacancy in Office of Assistant Presiding Judge EXECUTIVE OFFICER/CLERK OF THE SUPERIOR COURT (a) Intent of Rule (b) Overall Administrative Supervision (c) Selection (d) Qualifications (e) Powers and Duties (f) Directives to the Executive Officer (g) Executive Officer Pro Tempore i

4 1.7 EXECUTIVE COMMITTEE (a) Powers (b) Meetings (c) Minutes (d) Submission by Non-Member (e) Eligibility (f) Nomination (g) Membership and Representation (h) Distribution of Ballots (i) Voting by Judges (j) Count of Vote (k) Majority Vote (l) Failure to Elect (m) Second Ballot (n) Vacancies (o) Ex officio members (p) Commissioner members (q) Cumulative Voting Not Permitted STANDING COMMITTEES COURT COMMISSIONERS (a) Eligibility (b) Application Form (c) Selection Process (d) Vacancy (e) Optional Procedure (f) Voting (g) Removal from the List (h) Order of Appointment (i) Expiration of List (j) Bail Setting Duty (k) Temporary Telephonic Restraining Orders/Emergency Protective Orders (TRO/EPO) (l) Status and Benefits (m) Ninety Days to Determine Matters (n) Complaints Re Commissioners (o) Procedures for Suspension or Removal MEETING OF JUDGES APPLICATION OF AND AMENDMENT TO OR REPEAL OF LOCAL RULES RESERVED ii

5 1.13 BENEFITS SENIORITY CHAPTER TWO DISTRIBUTION OF COURT BUSINESS AND GENERAL PROVISIONS DISTRIBUTION OF COURT BUSINESS PRINCIPAL DIVISIONS OF THE COURT (a) Civil Division (b) Probate Division (c) Family Law Division (d) Juvenile Division (e) Criminal Division (f) Appellate Division (g) Authority of Supervising Judges (h) Courts of Divisional and District Supervising Judges DISTRICTS AND COURT SESSION LOCATIONS (a) Districts (b) Location of Court Sessions FILING AND TRANSFER OF ACTIONS (a) Filing of Actions (b) Transfer of Actions to Another District MASTER CALENDAR DEPARTMENTS GENERAL PROVISIONS FOR SECTION CHALLENGES (a) Direct Calendar Case (b) Master Calendar Case (c) Challenges Under Code of Civil Procedure Section Following Reversal on Appeal (d) Civil Division Challenges (e) Criminal Division Section Challenges (f) Family Law Division Section Challenges (g) Probate Division Section Challenges (h) Juvenile Court Division Section Challenges iii

6 2.6 DESIGNATION OF DEPARTMENTS TO HANDLE SPECIFIC TYPES OF MATTERS ASSIGNMENT OF MATTERS TO CENTRAL DISTRICT DEPARTMENTS (a) APPELLATE DIVISION (b) CIVIL DIVISION (c) CRIMINAL DIVISION (Including Mental Health Matters) (d) FAMILY LAW DIVISION (e) JUVENILE DIVISION (f) PROBATE DIVISION RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED GENERAL PROVISIONS EMERGENCY CLOSURE OF COURTHOUSE HOLIDAYS HOURS OF COURT, APPEARANCES OF COUNSEL (a) Hours (b) Opening of Sessions (c) Conflicting Appearances; Precedence PHOTOGRAPHING, RECORDING AND BROADCASTING IN COURT (a) Definitions (b) Court Order Required (c) No Obstruction of Public Access (d) Written Media Requests Required (e) Submission of Media Requests to Public Information Office (f) Responsibility for Compliance with Rules (g) No Restriction On Judicial Discretion APPLICATION TO PROCEED IN FORMA PAUPERIS (Cal. Rules of Court, rule 3.50 et seq.) (a) Central District (b) Other Districts iv

7 2.19 SELECTION OF TRIAL JURORS (a) Source of Names; Method (b) Competency of Prospective Jurors (c) Excuse from Jury Duty (d) Jurors' Meals Expense; Limitations (e) Deposit of Civil Jury Fees (f) Forfeiture of Fees JUROR INTERFERENCE COURT REPORTING IN CIVIL, FAMILY LAW, AND PROBATE CASES (a) Unlimited Civil Cases (b) Limited Civil Cases (c) Court Reporting in Family Law Cases (d) Court Reporting in Probate Cases (e) Notice of Nonavailability of Court Reporter for Non-Trial Matters (f) Procedure for Court Reporter Services (g) Party May Procure Reporter (h) No Additional Charge if Party Arranges for Reporter FACSIMILE FILING IN CIVIL, FAMILY LAW, AND PROBATE CASES (a) Authorization to Accept Facsimile Filing (b) Facsimile Filing Procedure APPLICATION TO RECONSIDER, VACATE, OR MODIFY ORDERS OR JUDGMENT WHEN ORIGINAL JUDGE UNAVAILABLE TRIALS BEFORE TEMPORARY JUDGES AND REFERENCES (a) Definitions of Temporary Judge and Referee (b) Proceedings Open to the Public (c) Court File Open for Public Inspection (d) Sealing Orders and Confidentiality Agreements (e) Scheduling of Hearings (f) Appointment of Temporary Judge (g) Representations by the Stipulating Parties (h) Application of Trial Court Delay Reduction Rules (i) Deadline for Completion of Proceedings (j) Use of Public Facilities (k) Exhibits (l) Filing of Original Papers and Orders (m) Court Approval Required (n) Listing of Referred Issues (o) Deadline for Completion CIVIL GRAND JURY v

8 (a) Drawn and Impaneled Yearly (b) Nominations by Judges Each November (c) List of Nominees, Distribution and Filing (d) Committee on Selection of Grand Jurors (e) Investigation of Nominees; Objections; Withdrawal of Nomination (f) Written Report and Approval of Nominees ADVERTISING IN COURTROOMS RESERVED RESERVED RESERVED RESERVED CHAPTER THREE CIVIL DIVISION RULES APPLICABILITY GENERAL PROVISIONS ASSIGNMENT OF CASES ASSIGNMENT OF DIRECT CALENDAR CASES (a) Proportionate Assignment (b) Regulation of Case Assignment (c) Notice of Case Assignment (d) Improper Refiling (e) Duty of Counsel (f) Related Cases (g) Consolidation of Cases (h) Coordination of Non-Complex Cases (i) Assignment for All Purposes (j) Effect of Judge Unavailability (k) Complex Litigation TIME FOR FILING PAPERS (a) Time for Filing (b) Lodged Materials vi

9 3.5 TIME FOR HEARINGS (a) Time of Hearing (b) Districts Other Than Central District TELEPHONIC APPEARANCES (a) Compliance with California Rules of Court (b) Private Vendor for Appearances (c) Timing of Appearance EVIDENCE AT HEARING JUDICIAL NOTICE (a) Court Files (b) Files from Other Courts JUDICIAL REFERENCE (Code Civ. Proc., 638 et seq.; Cal. Rules of Court, rules 3.900, 3.920; Local Rule 2.24.) (a) Availability of Referee (b) Form for Approval (c) Judgment SANCTIONS CONTEMPT (a) Order to Show Cause (b) Trial (c) Punishment RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED CASE MANAGEMENT AND DISPOSITION CASE REMOVED TO FEDERAL COURT vii

10 3.23 TRIAL DELAY REDUCTION CASE MANAGEMENT (a) Purpose (b) Cases Exempted (c) Differentiation of Cases to Achieve Goals (Cal. Rules of Court, rule 3.714) (d) Case Evaluation Factors (Cal. Rules of Court, rule 3.715) CASE MANAGEMENT CONFERENCE (a) Case Management Conference/Review (b) Conduct of Case Management Conference/Review (c) Setting the Trial Date (d) Alternative Dispute Resolution (e) Settlement Conference (f) Written Statements for Settlement Conferences (g) Notification of Settlement (h) Final Trial Preparation (i) Discretionary Final Status Conference Preparation Orders (j) Reasonable Trial Time Estimate LITIGATION CONDUCT RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED CIVIL TRIAL PROCEDURE ENFORCEMENT AND SANCTIONS RESERVED RESERVED RESERVED RESERVED viii

11 GENERAL COURTROOM DECORUM INAPPROPRIATE CONDUCT INAPPROPRIATE DRESS RESERVED RESERVED RESERVED RESERVED PRETRIAL PREPARATION AND RULINGS TRIAL CONFERENCE (a) Voir Dire Examination (b) Statement of Case Read to Jury Panel (c) Fewer Than Twelve Jurors (d) Number of Alternate Jurors (e) Stipulation to Excuse Jurors (f) Determination of Sides and Allocation of Peremptory Challenges STIPULATIONS (a) Request For Stipulation (b) Other Judge Acting after Submission (c) Stay of Execution REQUESTS FOR JUDGE TO ASK SPECIFIC QUESTIONS PERSONS WITH DISABILITIES MARKING OF EXHIBITS UNIFORM METHOD OF MARKING EXHIBITS DOCUMENTS PRODUCED THROUGH A NONPARTY LIST OF CHANGES IN DEPOSITION SIGNING, CERTIFICATION AND LODGING OF DEPOSITIONS MOTIONS IN LIMINE (a) Required Declaration (b) Summary Adjudication Improper ix

12 (c) Bifurcation of Issues Improper (d) Timing of Ruling MOTIONS FOR A VIEW TO BE TAKEN RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED JURY SELECTION NUMBER OF JURORS AND ALTERNATES FILLING THE JURY BOX QUESTIONING JURY PANEL ON HARDSHIP STATEMENT OF THE CASE TO PROSPECTIVE JURORS CHALLENGES FOR CAUSE (Code Civ. Proc., 227) PEREMPTORY CHALLENGES EXCUSING PROSPECTIVE JURORS VOIR DIRE OF REPLACEMENTS SELECTING ALTERNATE JURORS ADMONITIONS TO JURORS ADMONITION UPON SEPARATION OF JURORS EXCHANGE OF INFORMATION ABOUT FUTURE SCHEDULING x

13 3.82 RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED TRIAL DECORUM AND OPENING STATEMENTS SEATING OF COUNSEL MULTIPLE COUNSEL TRAVERSING "WELL" ADDRESSING THE JUDGE ADDRESSING OTHERS USE OF GRAPHIC DEVICES IN OPENING STATEMENTS JUROR REPLACEMENT MOTIONS RESERVED RESERVED RESERVED RESERVED RESERVED WITNESSES USE OF INTERPRETERS "ON-CALL" WITNESSES ANTICIPATION OF SENSITIVE AREAS OF INQUIRY xi

14 3.108 ADMONITION TO WITNESSES EXAMINATION FROM COUNSEL TABLE APPROACHING A WITNESS QUESTIONS NOT BE INTERRUPTED EFFECT OF ASKING ANOTHER QUESTION COMPLETION OF WITNESS TESTIMONY CONSULTATION WITH WITNESS ON THE STAND RESERVED RESERVED RESERVED RESERVED RESERVED CONDUCT OF COUNSEL AND PARTIES POLICY AGAINST INDICATION AS TO TESTIMONY STAND TO OBJECT AND ARGUE ARGUMENT ADDRESSED TO COURT ARGUMENTS TO BE OUT OF JURY'S HEARING OFFERS OF PROOF TO BE OUT OF JURY'S HEARING OFFERS TO STIPULATE TO BE OUT OF JURY'S HEARING REQUESTS TO ADVERSARIES TO BE OUT OF JURY'S HEARING REQUESTS TO THE REPORTER ADDRESSED TO COURT COMMUNICATION TO COURT BY PARTIES AND WITNESSES ADDRESS TO COURT BY REPRESENTED PARTY OR WITNESS COMMUNICATION TO JURORS BY PARTIES AND WITNESSES xii

15 3.131 COUNSEL'S USE OF CHALKBOARD AND PAPER DURING PRESENTATION OF EVIDENCE "OFF-THE-RECORD" CONFERENCES EVIDENCE ADMITTED FOR A LIMITED PURPOSE QUESTIONING BY JUDGE EXCLUSION OF EVIDENCE ON COURT'S OWN MOTION ADVICE TO JURY ABOUT COURT-APPOINTED EXPERT ADVICE BY COURT AS TO SELF-INCRIMINATION RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED EXHIBITS LARGE, DANGEROUS AND BULKY EXHIBITS ORAL IDENTIFICATION OF EXHIBITS AT FIRST REFERENCE EXHIBITS TO HAVE BEEN SHOWN TO ADVERSARIES BEFORE FIRST REFERENCE MARKING OF EXHIBITS FIRST DISCLOSED DURING TRIAL WHEN EXHIBITS OFFERED MAPS, PLANS AND DIAGRAMS RETURN OF EXHIBITS xiii

16 3.155 WHEN EXHIBITS TO BE PUBLISHED TO JURORS EXHIBITS NOT TO BE PLACED IN JURORS' HANDS EXHIBITS ADMITTED IN PART USE OF DEPOSITIONS, INTERROGATORIES AND REQUESTS FOR ADMISSION CUSTODY OF TRIAL EXHIBITS AFTER TRIAL RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED JURY INSTRUCTIONS DUTY OF COUNSEL TO MODIFY CACI INSTRUCTIONS FORM OF PROPOSED JURY INSTRUCTIONS (Code Civ. Proc., 607a, 609.) JURY INSTRUCTION CONFERENCE WHEN INSTRUCTIONS TO BE READ TO THE JURY USE OF JURY INSTRUCTIONS IN JURY ROOM RESERVED RESERVED RESERVED RESERVED RESERVED FINAL ARGUMENT xiv

17 3.180 GRAPHIC DEVICES USED IN ARGUMENT CLOSING ARGUMENTS FAMILIARITY WITH JURORS TO BE AVOIDED OBJECTIONS TO CLOSING ARGUMENT RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED JURY DELIBERATION QUESTIONS BY JURORS WHEN JURY UNABLE TO AGREE RECEIVING VERDICTS AND POLLING JURY DISCHARGE OF JURY RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED DEFAULT JUDGMENT REQUEST TO ENTER DEFAULT (a) Failure to Answer (b) Other Defaults PROCEDURES FOR OBTAINING DEFAULT JUDGMENT (Cal. Rules of Court, rule ) (a) Submission on Declarations Preferred xv

18 (b) Live Testimony Prove-up Hearings PENDING MOTIONS TO VACATE DEFAULT SERVICE BY PUBLICATION WRITTEN OBLIGATIONS TO PAY MONEY EVIDENTIARY STANDARDS (a) Court to Hear Evidence (b) Authentication (c) Hearsay (d) Foundation INTEREST ATTORNEYS FEES (a) Fee Schedule (b) Contractual Provision RESERVED RESERVED RESERVED RESERVED RESERVED FORM AND EXECUTION OF JUDGMENT; ATTORNEYS FEES FORM OF JUDGMENT (a) Original and Copy (b) Form of Judgment (c) Execution by Clerk of Documents (d) Entry of Judgments, Orders, and Decrees (e) Possession Plus Money ATTORNEYS FEES (a) Contract Provision or Note (b) Mortgage or Trust Deed (c) Foreclosure of Assessment or Bond Lien (d) Itemization as to Extraordinary Services (e) Services Benefitting a Minor RESERVED RESERVED xvi

19 3.217 RESERVED RESERVED RESERVED ENFORCEMENT OF JUDGMENT POST-JUDGMENT ORDERS (a) Application for Money Deposited (Code Civ. Proc., ) (b) Property Otherwise Deposited (c) Execution on Installment Order or Judgment JUDGMENT DEBTOR PROCEEDINGS (a) Application (b) Proof of Service (c) Failure to Appear at Hearing by Applicant (d) Failure to Appear at Hearing by Person Ordered to Appear (e) Continuance (f) Claims of Non-Service (g) Claims That Statements in the Application Are Untrue WRITS OF EXECUTION, POSSESSION AND SALE (a) Papers Required (b) Location of Filing WRIT OF EXECUTION ON A DWELLING (a) Evidence Required (b) Certified Order RESERVED RESERVED RESERVED RESERVED RESERVED RESERVED SPECIAL PROCEEDINGS SMALL CLAIMS (a) Trial Preparation (b) Failure to Appear for Trial PREROGATIVE WRITS (a) Alternative Writ or Noticed Motion for a Peremptory Writ xvii

20 (b) Noticed Motion for a Peremptory Writ (c) Alternative Writ (d) Service of a Board or Commission (e) Request for Stay (f) Pleadings (g) Preparation of the Record (h) Preparation of Evidence in Traditional Mandamus (i) Briefing (j) Joint Appendix (k) Lodging the Record (l) Trial; No Default (m) Judgment CEQA ACTIONS (a) Application of Mandamus Rules (b) Where Filed (c) Notice of Preparation of the Administrative Record (d) Preparing the Administrative Record (e) Certifying the Record (f) Disputes Over the Contents of the Administrative Record (g) Lodging the Record (h) Trial Setting (i) Mediation (j) Settlement Meeting (k) Statement of Issues (l) Trial Notebook (m) Trial RESERVED RESERVED RESERVED RESERVED RESERVED EMINENT DOMAIN EMINENT DOMAIN ACTIONS PRE-FILING TESTING FOR CONTAMINATION OR OTHER CONDITIONS INITIAL CASE MANAGEMENT CONFERENCE (a) Joint Case Management Statement (b) Date for Exchange of Expert Witness Lists and Appraisals (c) Trial Date xviii

21 (d) Case Management Order EXPERT WITNESS LISTS APPRAISALS (a) When Required (b) Content of Appraisal AMENDMENT OF EXPERT LISTS AND APPRAISALS AFTER EXCHANGE EXCLUSION OF WITNESSES OR TESTIMONY FOR FAILURE TO PROPERLY EXCHANGE EXPERT LISTS AND APPRAISALS MANDATORY SETTLEMENT CONFERENCE FINAL OFFER AND FINAL DEMAND RESERVED RESERVED RESERVED RESERVED RESERVED ALTERNATIVE DISPUTE RESOLUTION APPLICABLE LAW ADR ADMINISTRATOR ADR REFERRALS AND FURTHER STATUS CONFERENCE ADR NEUTRAL SELECTION AND QUALIFICATIONS FOR ADR NEUTRAL PANELS RECUSAL AND DISQUALIFICATION OF ADR NEUTRAL RELATED/COORDINATED/CONSOLIDATED CASES INTERPRETERS EX PARTE COMMUNICATION WITH ADR NEUTRAL CONFIDENTIALITY xix

22 3.261 NOTICE OF SETTLEMENT BEFORE ADR HEARING (Cal. Rules of Court, rule ) SURVEY FORM RESERVED RESERVED RESERVED RESERVED RESERVED MEDIATION SUMMARY DESCRIPTION OF MEDIATION CASES WHICH MAY BE ORDERED INTO MEDIATION CASES WHICH MAY BE REFERRED TO MEDIATION HEARINGS (a) Setting Time and Place of Mediation (b) Notice of Mediation (c) Continuance of Mediation APPEARANCES REQUIRED AT MEDIATION SUBMISSION OF BRIEFS ADR REPORTS (a) Attendance Sheet (b) Statement of Agreement/Non-Agreement RESERVED RESERVED RESERVED RESERVED RESERVED NEUTRAL EVALUATION SUMMARY DESCRIPTION OF NEUTRAL EVALUATION xx

23 3.281 CASES ELIGIBLE FOR NEUTRAL EVALUATION HEARINGS (a) Setting Time and Place of Evaluation Meeting (b) Notice of Evaluation Meeting (c) Continuance of Evaluation Meeting APPEARANCES REQUIRED AT THE EVALUATION MEETING SUBMISSION OF STATEMENTS AND DOCUMENTS (a) Time for Submission (b) Prohibition Against Filing (c) Content of Statement DISPOSITION OF STATEMENTS AND DOCUMENTS ADR REPORT RESERVED RESERVED RESERVED RESERVED RESERVED JUDICIAL ARBITRATION SUMMARY DESCRIPTION OF ARBITRATION CASES SUBJECT TO ARBITRATION CASES EXEMPT FROM ARBITRATION WITHDRAWAL FROM ARBITRATION HEARINGS (a) Pre-Arbitration Conference (b) Setting Time and Place of Arbitration (c) Notice of Arbitration (d) Continuance of Arbitration APPEARANCES REQUIRED AT ARBITRATION DISCOVERY DURING ARBITRATION xxi