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1.

Classification of cases for case LA


management R301

Rule 301. Classification

All cases described as personal


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

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