injury, eminent domain, and other civil actions are subject to civil case management. x x x
2. All-purpose judge R303
Rule 303. All-Purpose Assignment to
Judge
Cases which are subject to civil case
management will be randomly assigned GENERAL PROVISIONS to a judicial officer for all purposes, who will thereafter handle all proceedings in the case, including but not limited to, law 2.1 PRINCIPAL DIVISIONS OF and motion, pretrial (settlement) THE COURT conferences, in limine motions and the 2.14 EMERGENCY CLOSURE OF trial. COURTHOUSE 2.15 HOLIDAYS Nothing herein should be construed to 2.16 HOURS OF COURT, interfere with the power of the presiding judge to assign or reassign cases. APPEARANCES OF COUNSEL 2.3 FILING AND TRANSFER OF ACTIONS 3. Rule 309. Improper Re-filing of Cases 2.3 FILING AND TRANSFER OF ACTIONS Rule 309. Improper Re-filing of (a) Filing of Actions. Cases (1) Mandatory and Optional Filing. A party may not dismiss and (A) Mandatory thereafter re-file a case for the purpose Filing: Every unlimited of having such case assigned to a civil tort action for bodily different judicial officer. injury, wrongful death, or damage to personal Whenever a case is dismissed and property (hereinafter thereafter another case is filed referred to as “Personal involving the same, or essentially the Injury Action”) must be filed in the Central District same, parties, facts, or causes of action at the Stanley Mosk as the prior case, the plaintiff in any Courthouse, or in the such subsequently filed case must North District at the disclose such facts on the face page of SUPERIOR COURT OF the new complaint. The subsequently CALIFORNIA COUNTY filed case will be assigned to the same OF LOS ANGELES judicial officer for all purposes as the Michael Antonovich prior case. Antelope Valley Courthouse. The filing court locator on the Los Angeles Superior 4. Rule 315. Meet and Confer Court website Statement (www.lacourt.org) should be used to determine the Rule 315. Meet and Confer appropriate filing location. Statement A “Personal Injury Action” is an unlimited Within 20 days after service of the civil case described on the responsive pleading by the first Civil Case Cover Sheet responding defendant, and thereafter as Addendum and Statement each defendant responds, the parties of Location (LACIV 109) must meet and confer for the following as Motor Vehicle-Personal purposes: Injury/Property Damage/Wrongful Death; 1. To discuss facts which are Personal Injury/Property presently available to Damage/Wrongful Death- support the allegations of the Uninsured Motorist; pleadings filed by each party. Product Liability (other 2. To discuss possible settlement than asbestos or of the action including toxic/environmental); possible arbitration. Medical Malpractice- 3. To exchange preliminary Physicians & Surgeons; schedules of discovery. Other Professional Health 4. Where necessary in multi- Care Malpractice; defendant cases, and upon a Premises Liability; showing of good cause, the Intentional Bodily parties may apply for one Injury/Property extension of time within which Damage/Wrongful Death; to hold said meeting. or Other Personal 5. The parties must file a joint Injury/Property Meet and Confer Statement Damage/Wrongful Death. within 30 days after service An action for intentional of the responsive pleading. It infliction of emotional will be the responsibility of the distress, defamation, civil plaintiff to arrange the rights/discrimination, or conference and to prepare the malpractice (other than joint statement, including areas medical malpractice), is not of disagreement. included in this definition. An action for injury to real Failure to comply with the requirements property is not included in of this rule may result in sanctions this definition. Every pursuant to Rule 381. asbestos-related case must be filed in the Central District. Every class action 5. Rule 316. Mandatory Settlement must be filed in the Central Conference District. All Proceedings under the Probate Code. All Rule 316. Mandatory Conservatorship, Settlement Conference Guardianship, Probate, and Trust proceedings must be All trial counsel and parties must attend filed in the Central District a mandatory settlement conference except in the following set by the assigned judge. Absent any cases which may be filed in objection, the settlement conference the North District: may be held by the assigned judge. Conservatorship and When an objection has been filed, the Guardianship when the case will be referred to the supervising petitioner or proposed judge of the panel for assignment to one conservatee/ward reside in of the other judicial officers on the same the North District, panel for purposes of settlement Decedent’s Estates when the conference only. decedent resided or the Petitioner resides in the Any objection to the assigned judge North District, or Trust conducting the mandatory settlement where the trustee’s principal conference must be filed together with place of administration is the Settlement Conference Statement. If the North District. Every no such objection is filed, any further appeal under Labor Code right to object will be deemed waived. section 98.2 must be filed in the district where the office of the Labor Commissioner rendering the decision appealed from is located. 6. Rule 317. Pre-Trial Requirements Every proceeding seeking a writ of prohibition or Rule 317. Pre-Trial mandate (except as provided Requirements in subsection (B) below) must be filed in the Central Issue Conference District. Every petition seeking freedom from An Issue Conference is required in all parental custody and control cases at least 14 days before the date must be filed at the Edmund set for trial, at which time the parties D. Edelman Children’s must meet and confer and exchange Court. Every petition for and/or sign as applicable the documents listed below. adoption must be filed at the Plaintiff/Petitioner must arrange the Edmund D. Edelman Issue Conference at a mutually Children’s Court. Every agreeable time and location. petition for consent to adoption outside California At the Issue Conference the parties must be filed at the Edmund must: D. Edelman Children’s Court. Exchange exhibits and inspect photos and diagrams (to be submitted on the date of trial), CIVIL DIVISION RULES excluding those that will be used only for impeachment or rebuttal. 3.1 APPLICABILITY 3.2 ASSIGNMENT OF CASES Stipulate to all facts amenable to stipulation, and to the 3.2 ASSIGNMENT OF CASES admission of and/or foundation The Supervising Judge, or his or her for as many of the trial exhibits designee, shall decide whether the civil as possible. limited and unlimited cases in a particular district will be assigned to a direct calendar, Prepare a Joint Statement of the master calendar, or Specialized Civil Court. Case to be read to prospective jurors (Jury Trials only). 3.3 ASSIGNMENT OF DIRECT Prepare a Joint Witness List, CALENDAR CASES excluding impeachment and rebuttal witnesses, with a brief 3.3 ASSIGNMENT OF DIRECT description of who each witness CALENDAR CASES is, and time estimates for the (a) Proportionate Assignment. A pro direct and cross- examination of rata share of all cases filed in or transferred each witness. to any district shall be assigned for all purposes to each judge assigned to hear Prepare a Joint List of direct calendar cases in that district. Controverted Issues for all (b) Regulation of Case Assignment. issues that are to be determined The clerk must take all reasonably by the Court rather than by a appropriate steps, including a system of jury. If all the parties fail to random use of case numbers, to ensure that agree that an issue is neither any party nor any counsel will be uncontroverted, then the issue able to anticipate a case assignment. The should be listed as controverted. name of the judge to whom the case is assigned will be designated by the clerk on Exchange all motions in limine. the summons and the complaint.
Discuss any proposed voir dire 3.4 ELECTRONIC FILING
questions for the Court to include in its voir dire (Jury 3.4 ELECTRONIC FILING Trials only). (a) Mandatory Electronic Filing. Pursuant to the operative General Order re Execute a Statement of Mandatory Electronic Filing for Civil Compliance. (“General Order”), represented parties in civil actions must file documents The above items, including the electronically, unless the court exempts Statement of Compliance signed parties from doing so. The electronic filing by all counsel and self- of documents must be effected using an represented parties, must be approved electronic service provider. filed no later than noon of the Electronic service provider information is Wednesday before trial. available on the court’s website at www.lacourt.org. At the discretion of the assigned (b) Exemptions from Mandatory judicial officer, a Pre-Trial Conference Electronic Filing. Self-represented litigants may be scheduled in lieu of or in are exempt from mandatory electronic addition to the Issue Conference. filing requirements. Although not required, self-represented litigants are encouraged to Joint Trial Notebook participate in electronic filing and service. In addition, represented parties may apply By noon on the Wednesday before for exemption from electronic filing trial, the parties must deliver to the requirements as set forth in the operative clerk in the trial department, for the General Order. Court, a tabbed three-ring Joint Trial (c) Timing for Electronic Filing. Notebook that contains all of the Any document received electronically following items, if applicable. before midnight on a court day is Separate notebooks must be used if deemed to have been filed on that court any notebook will be more than 3” day if accepted for filing. Any document thick. The Trial Notebook is a received on a non-court day is deemed to courtesy copy for the Court’s use and have been filed on the next court day if does not relieve the parties of their accepted for filing. (Cal. Rules of Court, obligation to electronically file all rule 2.253(b)(6); Code Civ. Proc., § trial-related documents. 1010.6(b)(3).) This Rule does not affect the timing requirements for any documents that Table of Contents. must be filed by a designated time on the due date. Copies of the operative pleadings (including the operative complaint, answers, cross- complaints, if any, 3.5 TIME FOR HEARINGS and answers to cross-complaints). 3.5 TIME FOR HEARINGS Joint Statement of the Case (Jury Time of Hearing. In the Central Trials only). District, except as stated below, unlimited civil law and motion matters, including ex Joint Witness List, with the parte applications, will be heard by the information set forth in Rule 317A(4), above. Two separate Direct Calendar, Specialized Civil Court, courtesy copies of the Joint Witness and Master Calendar Court judges in their List must also be provided to the respective departments at 8:30 a.m. each Clerk. day. Stipulations of fact, exhibit admissibility and/or foundation, or of anything else relevant to the 3.7 EVIDENCE AT HEARING trial. 3.10 SANCTIONS Joint List of Controverted Issues, as 3.11 CONTEMPT set forth in Rule 317A(5), above. CASE MANAGEMENT AND Joint Exhibit List, with columns for DISPOSITION indicating whether the exhibits have been marked and entered. Two separate courtesy copies also 3.22 CASE REMOVED TO must be provided to the Clerk. FEDERAL COURT 3.23 EXEMPTION FROM CASE Proposed Jury Instructions, including all stipulated instructions, MANAGEMENT RULES non-stipulated instructions proposed by each party, and all 3.23 EXEMPTION FROM CASE proposed special instructions. A MANAGEMENT RULES separate courtesy copy must also be Pursuant to California Rules of provided separately to the Court. Court, rule 3.720(b), all limited civil cases (Jury Trials only.) and all Personal Injury Actions (as defined Proposed Verdict Forms (Jury in Rule 2.3(a)(1)(A)) are exempted from Trials only). the case management rules of Title 3, Division 7, Chapter 3 of the California Any Trial Briefs. Rules of Court. The court will set trial dates and make other case management orders, Any Proposed Voir Dire Questions including orders concerning compliance for the Court to include in its voir with Code of Civil Procedure sections dire (Jury Trials only). 1141.10 et seq. and 1775 et seq. (concerning mandatory judicial arbitration Any motions in limine exchanged and mediation in unlimited civil cases in at the issue conference, along with which the amount in controversy does not all then-filed oppositions and replies thereto. exceed $50,000), by issuing orders in individual cases subject to this exemption. Exhibit Notebooks; Motion in A “Personal Injury Action” is an Limine Notebooks unlimited civil case described on the Civil Case Cover Sheet Addendum and On the date set for trial, the parties Statement of Location (LACIV 109) as also must bring with them: Motor Vehicle-Personal Injury/Property Damage/Wrongful Death; Personal Two complete sets of Joint Exhibit Injury/Property Damage/Wrongful Death- Notebooks, not to exceed 3” each. Uninsured Motorist; Product Liability The original set will be for the (other than asbestos or witness, pre-marked with Court Exhibit tags, and one set will be for toxic/environmental); Medical Malpractice- the Court. Each exhibit must be Physicians & Surgeons; Other Professional marked with a discrete number and Health Care Malpractice; Premises must be accurately identified on the Liability; Intentional Bodily Joint Exhibit List. Injury/Property Damage/Wrongful Death; or Other Personal Injury/Property For all opposed motions in limine, a separate notebook containing Damage/Wrongful Death. An action for those Motions in Limine, grouping intentional infliction of emotional distress, together all documents relevant to defamation, civil rights/discrimination, or each motion in order (motion malpractice (other than medical followed by opposition and any malpractice), is not included in this reply). definition. An action for injury to real property is not included in this definition. Failure to conduct the Issue Conference, submit a Joint Trial Notebook, or complywith any other provisions of this 3.24 CASE MANAGEMENT rule as required may result in sanctions pursuant to Rule 381. 3.24 CASE MANAGEMENT (a) Purpose. The court adopts the following rules concerning case management for all civil cases pursuant to 7. Rule 318. Uninsured California Rules of Court, rule 3.-711, and Motorist/Construction to advance the goals of Government Code Defect/Toxic Pollution Cases section 68603 and Standard 2.1 of the Standards of Judicial Administration. Rule 318. Uninsured (b) Cases Exempted. The following Motorist/Construction Defect/Toxic civil matters are not subject to case Pollution Cases management conference or review: (1) limited civil cases and all Personal Injury Those cases in which an action is Actions (see Local Rule 3.23); (2) small filed against a defendant who is an claims matters; (3) matters assigned for all uninsured motorist, and where the purposes based on subject matter (e.g., plaintiff’s claim is subject to an mandamus, name change petitions, civil arbitration provision, must be identified harassment petitions); (4) cases stayed as “Uninsured Motorist” on the face of because of a bankruptcy, an installment the complaint at the time of filing, or as settlement, or having been removed to soon thereafter as it becomes known. federal court; (5) uninsured motorist cases Uninsured motorist cases will not be for 180 days after filing; (6) "collections assigned to a judicial officer for all cases" (defined as an action for the purposes. recovery of not more than $25,000 of money owed in a sum stated to be certain arising from a credit transaction) where there has been no responsive pleading filed 8. Rule 360. Alternative Dispute under California Rules of Court, rule 3.712(d); and (7) cases coordinated by a Resolution (ADR) petition for coordination under California Rules of Court, rule 3.501 et seq. (Cal. Rule 360. Alternative Dispute Rules of Court, rule 3.721; Gov. Code., § Resolution (ADR) 68608(a).) An “Uninsured Motorist Case” is a A. Available ADR Programs civil action for damages filed against a defendant who is an uninsured motorist The Superior Court of where the plaintiff’s claim is subject to an California, County of arbitration provision as defined by Orange, encourages and Government Code section 68609.5 and supports the use of Insurance Code section 11580.2. Plaintiff Alternative Dispute must identify the case as “Uninsured Resolution (ADR) in all Motorist” by so stating on the face of the civil cases. The Court complaint or by filing a subsequent “Notice recognizes the value of of Uninsured Motorist Designation” as early case management soon as that fact becomes known. The case intervention and the use management rules shall apply to Uninsured of alternative dispute Motorist Cases 180 days after filing. (Cal. resolution options for Rules of Court, rule 3.712.) amenable and eligible cases. It is the Court’s 3.25 CASE MANAGEMENT expectation that litigants CONFERENCE will utilize the Court’s mediation and arbitration programs as a means of CIVIL TRIAL PROCEDURE case settlement before trial. 3.37 ENFORCEMENT AND SANCTIONS B. ADR Administrator
A Civil Operations staff GENERAL COURTROOM
member will serve as the DECORUM Alternative Dispute Resolution (ADR) 3.47 MULTIPLE COUNSEL – Administrator, supervise MOTIONS the selection of arbitrators and mediators for the Court’s panels, generally PRETRIAL PREPARATION AND supervise the operation of RULINGS the ADR programs, and employ such staff as are 3.48 TRIAL CONFERENCE necessary to fulfill this 3.49 STIPULATIONS responsibility. 3.50 REQUESTS FOR JUDGE TO C. ADR Committee ASK SPECIFIC QUESTIONS 3.51 PERSONS WITH The ADR DISABILITIES Committee of the 3.52 MARKING OF EXHIBITS Court will have the 3.53 UNIFORM METHOD OF duties and MARKING EXHIBITS responsibilities as 3.54 DOCUMENTS PRODUCED specified by THROUGH A NONPARTY California Rules of 3.55 LIST OF CHANGES IN Court, rule 10.783. DEPOSITION D. Judicial Arbitration 3.56 SIGNING, CERTIFICATION AND LODGING OF 1. Authority DEPOSITIONS 3.57 MOTIONS IN LIMINE a. The Superior Court is TRIAL DECORUM AND authorized OPENING STATEMENTS to refer civil 3.99 MOTIONS actions, except DEFAULT JUDGMENT those heard in the Small 3.200 REQUEST TO ENTER Claims DEFAULT Court, to 3.201 PROCEDURES FOR judicial OBTAINING DEFAULT arbitration JUDGMENT (Cal. Rules of Court, pursuant to Code of rule 3.1800.) Civil 3.202 PENDING MOTIONS TO Procedure VACATE DEFAULT section 3.203 SERVICE BY PUBLICATION 1141.11(a). 3.204 WRITTEN OBLIGATIONS TO PAY MONEY xxx 3.206 INTEREST 2. Referral to 3.207 ATTORNEYS’ FEES Arbitration FORM AND EXECUTION OF a. Any case JUDGMENT; ATTORNEYS’ FEES will be submitted to 3.213 FORM OF JUDGMENT arbitration pursuant ENFORCEMENT OF to this rule JUDGMENT upon the order of 3.220 POST-JUDGMENT ORDERS the Court where, in JUDICIAL ARBITRATION the opinion of the Court, 3.292 SUMMARY DESCRIPTION the OF ARBITRATION amount 3.293 CASES SUBJECT TO ARBITRATION 3.294 CASES EXEMPT FROM ARBITRATION 9. Civil Mediation Program under 3.295 WITHDRAWAL FROM R360 ARBITRATION 3.296 HEARINGS 3.297 APPEARANCES REQUIRED 10.Rule 369. Case Management AT ARBITRATION Statement and Conference 3.298 DISCOVERY DURING 11.Rule 384. Default Judgments ARBITRATION 12. Rule 388. No Extensions without 3.299 SUBMISSION OF Court Approval BRIEFS/EVIDENCE 3.300 DISPOSITION OF EXHIBITS 3.301 ADR REPORTS 3.302 ARBITRATION