7.0 INTRODUCTION
(a) Los Angeles Superior Court Delay Reduction Program. In accordance with the provisions of the Trial Court Delay Reduction Act of 1986 (commencing at Government Code Section 68600), as amended by AB 3820 (1990), ("Act") the judges of the Superior Court for the County of Los Angeles do hereby adopt the following rules ("Rules") implementing the Los Angeles Superior Court Delay Reduction Program. Specifically, the Rules are adopted pursuant to the authority of Government Code Section 68612 and Code of Civil Procedure Section 575.1. The Rules contained in this Chapter 7 supercede previously adopted Delay Reduction Rules, to wit, Chapters 11, 12 and 13 of Los Angeles Superior Court Rules that existed prior to the effective date of the adoption of this Chapter 7.
(b) Construction. The Rules are adopted and shall be liberally construed so as to implement the goals as expressed in Government Code Section 68607. That section imposes upon the judges assigned to delay reduction programs the ". . . responsibility to eliminate delay in the progress and ultimate resolution of litigation, to assume and maintain control over the pace of litigation, to actively manage the processing of litigation from commencement to disposition, and to compel attorneys and litigants to prepare and resolve all litigation without delay, from the filing of the first document invoking court jurisdiction to final disposition of the action." The Judicial Council has set forth the following statement of general principles which shall guide this Court in the implementation of its program:
"Trial courts should be guided by the general principle that from the commencement of litigation to its resolution, whether by trial or settlement, any elapsed time other than reasonably required for pleadings, discovery, and court events is unacceptable and should be eliminated. To enable the just and efficient resolution of cases the court, not the lawyers or litigants, should control the pace of litigation. A strong judicial commitment is essential to reducing delay and, once achieved, maintaining a current docket."
The Court will make every effort to commence trials on the first date assigned for trial, consistent with the resources of the Court and the demands of the criminal calendar.
(c) Scope. It is the purpose of the Rules to set forth the procedures, standards and policies which will be used in the program, including time standards for the conclusion of all critical steps in the litigation process. Further, the Rules are intended to insure absolute uniform application by the Court. Unless for good cause shown, no department may adopt rules, procedures or guidelines inconsistent with these Rules.
(d) Time Standards. This Court adopts the case disposition time standards recommended by the American Bar Association and adopted by the Judicial Council which specify as an ultimate goal the disposition of 90% of all civil cases within one year of filing, 98% within 18 months of filing and 100% within two years of filing. The court recognizes that some cases are more complex than others; accordingly the court will take this into consideration at the time of the status conferences.
(Rule 7.0 effective 1/1/94.)
7.1 DEFINITIONS
(a) "Department One", shall refer to the judge presiding in Department One in the Central District.
(b) "I/C Judge", shall refer to those judges assigned to handle cases on an individual or all purpose calendar. "I/C Cases", shall refer to the cases so assigned.
(c) "M/C Judge", shall refer to those judges who will handle cases on direct assignment from a Master calendar court in accordance with procedures established in a district other than Central. "M/C Cases", shall refer to the cases so assigned.
(d) "Counsel", shall refer to attorney of record and parties in pro per unless otherwise indicated.
(Rule 7.1 effective 1/1/94.)
7.2 APPLICATION
(a) Civil Cases. The Rules contained in this Chapter shall apply to all unlimited and limited jurisdiction civil cases filed in the Los Angeles Superior Court.
(Rule 7.2(a) [11/01/00] amended and effective 1/1/2003.)
(b) Cases Exempted. The Rules shall not apply to any Juvenile, Probate or Domestic (Family Law) cases. In addition, the following matters will not be subject to the Rules, except as noted: (1) small claims matters, (2) name change petitions, (3) pretrial proceedings in all eminent domain cases and, in the Central District, trial of any bifurcated issue as agreed to by the I/C judge and the judge assigned to the Eminent Domain Department (Ref. LASCR, Rules 2.5(e) and 16.11(a)), (4) pretrial proceedings in all property damage cases based on exposure to asbestos products, (5) cases stayed because of a bankruptcy, or an installment settlement, or having been removed to federal court, (6) writs of mandate, and (7) uninsured motorist cases for 180 days after filing, and (8) such other cases as may be designated by the Presiding Judge or Supervising Judge of a district.
An "Uninsured Motorist Case" is a civil action for damages filed against a defendant who is an uninsured motorist, where the plaintiff's claim is subject to an arbitration provision as defined by Government Code section 68609.5 and Insurance Code section 11580.2. Plaintiff shall identify the case as "Uninsured Motorist" by so stating on the face of the complaint or by filing a subsequent "Notice of Uninsured Motorist Designation" as soon as that fact becomes known. The Rules shall apply to Uninsured Motorist Cases 180 days after filing. (Cal. Rules of Court, rule 3.712.)
As to writs of mandate, Rules 7.6 herein will be applied by the Writs and Receivers Department or the appropriate district/department which may be assigned a local mandate in accordance with Rule 2.0(c).
(Rule 7.2(b) [7/1/99, 1/1/2000, 11/01/00, 1/1/2003, 1/1/2004, 7/1/2004] amended and effective 1/1/08.)
(c) Priority Over Other Rules. To the extent that other Local Rules are inconsistent with any of these Rules, the latter shall control. No rule is to be interpreted to controvert any of the provisions of Government Code section 68616(a) through (i) or the California Rules of Court.
(Rule 7.2(c) amended and effective 1/1/2003.)
(d) Criminal Cases. Nothing in these rules shall in any way alter the primary responsibility of judges to handle on a priority basis those criminal cases, as are assigned.
(Rule 7.2 [1/1/94, 1/1/95, 3/1/96, 7/1/99, 1/1/2000, 11/01/00, 1/1/2003, 1/1/2004, 7/1/2004] amended and effective 1/1/08.)
7.3 ASSIGNMENT OF I/C CASES
(a) Proportionate Assignment. A pro rata share of all cases filed in or transferred to any district shall be assigned for all purposes to each civil bench officer assigned to hear I/C cases in that district.
(Rule 7.3(a) amended and effective 1/1/2000.)
(b) Regulation of Case Assignment. The Clerk of the Superior Court ("Clerk") shall take allreasonably appropriate steps, including a system of random use of case numbers, to ensure that neither any party nor any counsel will be able to anticipate case assignment. The name of the judge to whom the case is assigned will be designated by the Clerk on the Summons and the original Complaint.
(c) Notice of Case Assignment. At the time that a civil case is filed, the Clerk shall provide a Notice of Case Assignment, which shall indicate the name of the Judge to whom the case has been assigned. It shall be the duty of each plaintiff (and cross-complainant) to serve a copy of the Notice, with the complaint (and cross-complaint), and give notice of any date set for a status conference.
(Rule 7.3 [1/1/94, 7/1/98] amended and effective 1/1/07.)
(d) Improper Refiling. It shall not be permissible to dismiss and thereafter refile any case for the purpose of obtaining a different Judge. Whenever a case is dismissed by a party or by the court prior to judgment and thereafter the same or essentially the same claims, involving the same or essentially the same parties, are alleged in another action, the later filed action shall be assigned, unless the Presiding Judge for good cause orders otherwise, to the Judge to whom the first filed case had theretofore been assigned. When multiple cases involving the same or essentially the same claims, and the same or essentially the same parties, are filed on the same date, the cases shall be assigned to the judge to whom the low numbered case (or first filed case) has been assigned, whether or not that case has been dismissed.
(Rule 7.3(d) [1/1/94] amended and effective 7/1/07.)
(e) Duty of Counsel. It shall be the duty of every counsel in such later filed action referred to in subdivision (d) above immediately to bring the fact of such dismissal and refiling to the attention of the court. Counsel for plaintiff or cross-complainant (if the earlier action is renewed in a cross-complaint) shall give such notice at the time such pleading is filed. Counsel for all other parties shall give such notice upon their appearance, or as soon thereafter as they discover the facts. Such notice shall be given in a written pleading designated as a "Notice of Related Case" as provided in subdivision (f) below.
(f) Related Cases.
(1) Definition. A civil case may be ordered related to other case(s), including Probate and Domestic (Family Law) cases, by the court when it appears that the cases:
a) Arise from the same or substantially identical transactions, happenings or events; or
b) Require a determination of the same or substantially identical questions of law and/or fact; or
c) Are likely for other good reasons to require substantial duplication of labor if heard by different judges.
d) Are the same or substantially similar to a prior case in the Superior Court that has been dismissed, either with or without prejudice.
(2) Notice. It is the obligation of counsel to file and serve a Notice of Related Case(s) when the cases are related as defined in subsection (1) above.
a) This Notice must be filed not later than 15 days after facts concerning the existence of related cases become known to counsel.
b) This Notice must:
i) list all cases that may be considered as being related;
ii) identify which case has the earliest filing date and the department in which such case is pending;
iii) be filed in each of the cases listed in the Notice;
iv) be served on each of the parties in every one of the cases listed in the Notice with a proof of such service attached;
v) set forth facts and attach relevant complaint(s) and/or cross-complaint(s) demonstrating the relationship between the cases.
c) This Notice is not required under the circumstances set forth in subsection (6) below. (Rule 7.3(f)(2) [1/1/2000, 1/1/2003] amended and effective 7/1/2004.)
(3) Procedure Regarding Assignment of Related Cases.
a) Where all the cases listed in the Notice are all unlimited civil cases, or all limited civil cases, the judge, who has the earliest filed case, shall determine whether the cases shall be ordered related and assigned to such department;
b) Where the cases listed in the Notice are unlimited and limited civil cases, the judge, who has the earliest filed unlimited civil case, shall determine whether the cases shall be ordered related and assigned to such department. Where one of the cases listed in the Notice has been assigned to one of the departments designated as a Complex Litigation department, the judge in the Complex Litigation department shall determine whether the cases shall be ordered related and assigned to such department;
c) Where the cases listed in the Notice contain a Probate or Domestic (Family Law) case: if the cases are all pending in the Central District, or if the cases are pending in different districts, Department One shall determine whether the cases shall be ordered related and, if so, to which department they shall be assigned. If the cases are all pending in the same district, other than the Central District, the Supervising Judge of that district shall determine whether the cases shall be ordered related and, if so, to which department they shall be assigned;
d) In the event any of the cases set forth in the Notice are not ordered related pursuant to subsections (3)a) or (3)b), any party in any of the cases set forth in the Notice may file an application to have the cases related. If the cases are all pending in the Central District, or if the cases are pending in different districts, the Application must be filed in Department One. If the cases are all pending in the same district, other than the Central District, the Application must be filed with the Supervising Judge of that district. Such Application must be served on each party in every one of the cases listed in the Notice, with proof of such service attached.
e) In the event, for any reason, a case is not ordered related under these provisions, then such case shall remain assigned to the department in which it was pending at the time of the filing of the Notice.
(Rule 7.3(f)(3) [Procedure Regarding Assignment of Related Cases newly added 1/1/2003] amended and effective 1/1/07.)
(4) Opposition. Any party who wishes to oppose a Notice of Related Case(s), must, within 5 days of the service of a Notice of Related Case(s), file directly in the appropriate department designated in subsections (3)a), b) or c) above, and serve on all parties of record in each of the cases listed in the Notice a brief pleading which shall set forth the reasons why one or more of such cases is not a related case or why other good cause exists for the court not to make a transfer of a particular case to or from a particular department.
(Rule 7.3(f)(4) [originally (3)] renumbered, amended and effective 1/1/2003.)
(5) Ruling on Notice of Related Case(s).
Upon the ruling on the Notice of Related Case(s) by the department designated pursuant to these provisions, Notice of Ruling shall be given to all counsel and filed in each of the cases identified in the Notice of Related Case(s).
Cases should be reviewed for pending ADR referrals and the court should ensure the ADR process is for all the related cases and notify parties as such.
(Rule 7.3(f)(5) [as (4) 1/1/2000, 7/1/2002, old text repealed, new text added and effective 1/1/2003], 7/1/04.)
(6) When Notice of Related Case(s) is not required.
a) The Notice of Related Cases described in subsection (f)(2) above is not required when all the cases to be related are assigned to the same department.
b) When Notice of Related Cases is not required pursuant to this subsection, motions to consolidate must be filed in accordance with LASCR, Rule 7.3(g) below.
(Rule 7.3(f)(6) [{originally (5)} 1/1/2000] renumbered, amended and effective 1/1/2003.)
(7) Authority of Presiding Judge. Notwithstanding anything contained herein, the presiding judge has the final authority to manage the court's business, including apportioning the business of the court and assigning or reassigning cases to departments. See Code of Civil Procedure section 402, Government Code section 69508, and Rule 10.603(b)(1)(B) of the Judicial Administration Rules.
(Rule 7.3(f)(7) [Authority of Presiding Judge 1/1/2003] amended and effective 1/1/08.)
(Rule 7.3(f) [1/1/2003, 1/1/07] amended and effective 1/1/08.)
(g) Consolidation of Cases.
(1) Cases in the same department. If any party seeks to consolidate Superior Court cases pending in the same department, a motion to consolidate shall be noticed to be heard in that department, even if there has been no order by the court relating the cases.
(2) Cases in different departments. If the cases have been ordered related pursuant to LASCR, Rule 7.3(f), and any party seeks to consolidate Superior Court cases filed in different departments, the motion to consolidate shall be noticed to be heard in the department to which the related case(s) have been assigned.
(3) Cases should be reviewed for pending ADR referrals and the court should ensure the ADR process is for all the consolidated cases and notify parties as such.
(4) Upon consolidation of cases, the first filed case shall be the lead case, unless otherwise ordered by the court. After consolidation, all future papers to be filed in the consolidated case shall be filed only in the case designated as the lead case.
(5) Before consolidation of a limited case with an unlimited case, the limited case must be reclassified as an unlimited case and the reclassification fee paid.
(Rule 7.3(g) [1/1/2000, 11/01/00, (3) added 1/1/2003, (4) added 1/1/07] (5) added and effective 1/1/08.)
(h) Coordination of Cases.
(1) A civil case which is not complex as defined by Standard 3.10 of the Standards of Judicial Administration may be transferred on motion from another court to the Los Angeles Superior Court, if it involves a common question of fact or law within the meaning of Code of Civil Procedure section 404. The motion shall be made in compliance with the procedures established by the Code of Civil Procedure section 403 et seq. Coordination Motions seeking to transfer a case or cases to the central district shall be filed and heard in Department 1. Coordination Motions seeking to transfer a case or cases to a district court shall be heard by the Supervising Judge of the applicable district.
(2) In the event that any party seeks to coordinate a case assigned to a Judge under Code of Civil Procedure section 403 et seq., with one or more actions pending in different courts, such party shall file a petition in accordance with the procedures established by law. A copy of such petition shall be lodged contemporaneously with the Judge assigned to the case.
(3) Cases should be reviewed for pending ADR referrals and the court should ensure the ADR process is for all the coordinated cases and notify parties as such.
(Rule 7.3(h) [1/1/2000, 1/1/2003] amended and effective 1/1/08.)
(i) Assignment for All Purposes. Cases are assigned for all purposes, including trial. Except as the presiding judge may otherwise direct, each judge shall schedule, hear and decide all matters, including law and motion, default prove-ups and minor's compromises for each case assigned.
(j) Effect of Judge Unavailability. Whenever a judge is unavailable to serve in such capacity, whether by reason of death, retirement, resignation, elevation, or is otherwise unavailable, the cases previously assigned to such judge shall be reassigned to another or replacement judge, as the presiding judge shall determine.
(k) Complex Litigation.
(1) The Complex Litigation Program of the Los Angeles Superior Court shall consist of the departments designated by Order of the Presiding Judge. Complex cases shall be filed in the districts designated according to Local Rule 2.0, subdivisions (b) and (c). Complex cases shall be designated or counter-designated as such in the civil cover sheet as provided by California Rules of Court, rules 3.401-3.402.
(2) The Managing Judge of the Complex Litigation Program (or his/her designee) shall review all cases in which a plaintiff/petitioner or a defendant/respondent has designated or counter-designated the case as complex pursuant to the California Rules of Court, rules 3.401-3.402, and all cases that are designated on the civil cover sheet as "provisionally" complex (see California Rules of Court, rule 3.400(c)). This review is to be conducted as soon as possible after the case is filed, in consultation with the judge to whom the case is assigned. The Managing Judge (or his/her designee) shall determine (with or without a hearing) whether or not the case shall be designated as complex pursuant to California Rules of Court, rule 3.403. If the matter is designated as complex and if all parties have not yet paid the complex fee provided for by Government Code section 26826.4, the court shall order payment of that fee.
(3) If the Managing Judge of the Complex Litigation Program (or his/her designee) designates a case as complex, he or she shall determine whether or not the judge to whom the case has been assigned elects to keep the case and handle it for all purposes, including trial. If the judge to whom the case has been assigned does not elect to keep the case for all purposes, the case will be assigned to a judge sitting in a department that has been designated as a complex litigation department. Whether or not a complex case is reassigned to a complex litigation department, the case should be managed with due consideration to California Standards of Judicial Administration section 19 and the case management concepts set forth in the Deskbook on Complex Civil Litigation published by the Judicial Council of California.
(4) Nothing in this rule shall be construed to alter the continuing power of the judicial officer assigned to the case to decide at a later date that a civil action is a complex case or that an action previously declared to be a complex case is not a complex case. (See Cal. Rules of Court, rule 3.403(b).)
(5) In the event that the judge to whom a case is assigned determines that the case is complex even though it was not designated as complex by the Managing Judge of the Complex Litigation Program (or his/her designee), the judge may seek to transfer the case to the ComplexLitigation Program in the following manner. The judge to whom the case is assigned or the parties, on order of the court, shall complete the Complex Civil Case Questionnaire designated by the Managing Judge of the Complex Litigation Program. The Managing Judge of the Complex Litigation Program (or his or her designee) shall determine (with or without a hearing), whether or not the case should be assigned to the Complex Litigation Program in light of the caseload of the Program, the relative complexity of the case compared with cases then assigned to the Program, and the length of time the case has been pending.
(6) It is the policy of the Los Angeles Superior Court, consistent with California Rules of Court, rule 3.403, that it should be decided as soon as reasonably practicable after a case is filed whether the action is a complex case.
(Rule 7.3(k) [Complex Litigation newly added 1/1/06]
subs. (k)(2),(3),(4),(5),(6) old text REPEALED, new text added, (7)&(8) REPEALED 1/1/07, amended and effective 1/1/08.)
(Rule 7.3(k) Temporary Restraining Order and Preliminary Injunction -- Central District [1/1/2000] moved to Rule 2.5(p) 4/1/2000.)
(l) Default Matters. Requests for entry of default judgment pursuant to Code of Civil Procedure section 585 may be heard by a default department to be determined by the Supervising Judge without otherwise affecting the assignment of the underlying case to the I/C judge for all purposes.
(Rule 7.3(l) newly added and effective 1/1/08.)
(Rule 7.3 [1/1/94, 1/1/95, 1/1/96, 3/1/96, 7/1/96, 1/1/97, 7/1/98,
1/1/2000, 4/1/2000, 11/01/00, 7/1/2002, 1/1/2003, 7/1/2004, 1/1/2006, 1/1/07, 7/1/07]
amended and effective 1/1/08.)
7.4 ASSIGNMENT OF CASES - DISTRICTS OTHER THAN CENTRAL
In districts other than Central, civil cases shall be assigned as directed by the Supervising Judge. Each district is free to choose whether the civil case will be assigned for all purposes or through a master calendar or a combination thereof. Nevertheless, these Rules, unless otherwise indicated, are applicable to cases filed in the districts. If a district chooses an I/C system then LASCR, rule 7.3, will be implemented by the Supervising Judge of the district rather than the Presiding Judge or Department One, except that the procedure relating to coordination or related cases involving cases in different districts will be handled by Department One of the Central District. (Amended and effective 1/1/95.)
(Rule 7.4 [1/1/94] amended and effective 1/1/95.)
7.5 CHALLENGE TO ASSIGNED JUDGE
(a) Time Limitation--I/C Cases. A challenge to an I/C Judge under Code of Civil Procedure Section 170.6 must be made within 15 days of the party's first appearance (Government Code Section 68616(i)).
(b) Manner of Challenge -- I/C Cases. In I/C cases such challenge must be made orally in open court or in writing before the assigned I/C Judge. The written declaration required by Code of Civil Procedure Section 170.6 shall accompany the challenge.
(c) Time Limitation--M/C Cases. A challenge to an M/C Judge under Code of Civil Procedure Section 170.6 must be made in accordance with the time limitations and procedures set forth therein. A reassignment of a case for trial from one judge to another made by the Presiding Judge or Assistant Presiding Judge is an assignment from the Master Calendar for purposes of Code of Civil Procedure Section 170.6.
(Rule 7.5(c) amended and effective 1/1/98.)
(d) Manner of Challenge -- Assignment of cases for trial. When an M/C case is assigned for trial, challenge must be made orally in open court or in writing in the Master Calendar Department from which the case is assigned. If counsel have been placed on call and the assignment is made by telephone, the challenge must be stated orally during the telephone call in which the assignment is made, and must be confirmed in writing within four court hours by delivering a written challenge to the Master Calendar Department from which the case was assigned. Court hours are as prescribed by Rule 4.0(a).
When a case is reassigned, by or upon the authority of Department One or another Master Calendar department, from an I/C court to another court for trial or other limited purposes, the following rules apply: if the reassignment is made while counsel are present in the I/C courtroom, the challenge must be made orally in open court or in writing at the time of reassignment. If counsel have been placed on call and the assignment is communicated by telephone, the challenge must be stated orally during the telephone call in which the assignment is communicated, and must be confirmed within four court hours by delivering a written challenge to the court from which the telephone call was made. Court hours are as prescribed by Rule 4.0(a).
(Rule 7.5(d) [1/1/98] 1st ¶ amended, 2nd ¶ added and effective 1/1/2001.)
(e) Effect of Challenge or Recusal. Upon the making of a timely and proper challenge under Code of Civil Procedure Section 170.6 to an I/C Judge, the Judge shall immediately transfer the case to Department One or the appropriate District Supervising Judge for reassignment. In no event shall the assertion of a proper challenge, whether under Code of Civil Procedure Section 170.6, or any other statute, or any recusal by an I/C Judge, result in the case being redesignated as an M/C Case.
(Rule 7.5 [1/1/94] amended and effective 1/1/98.)
(f) Challenges Under Code of Civil Procedure section 170.6 following Reversal on Appeal. Upon reversal of any decision of a trial court judge by the court of appeal, and remand to the trial court for further proceedings, the case shall be returned to the last assigned judge. The time for filing any motion under Code of Civil Procedure section 170.6, after reversal and remand, shall begin to run from the date of issuance of the remittitur by the court of appeal.
(Rule 7.5(f) newly added and effective 7/1/07.)
(Rule 7.5 [1/1/94, 1/1/98, 1/1/2001] amended and effective 7/1/07.)
7.6 DIFFERENTIAL CASE MANAGEMENT RULES
(a) Purpose. In accordance with Rules 3.710 to 3.715 of the California Rules of Court, this rule is adopted to advance the goals of Section 68603 of the Government Code and Standard 2.1 of the Standards of Judicial Administration.
(Rule 7.6(a) [1.1.94] amended and effective 1/1/08.)
(b) Application. This rule shall apply to all civil cases not exempt under Rule 7.2(b).
(c) Differentiation of Cases to Achieve Goals.
(1) Evaluation and assignment. At the first status conference or at an earlier time deemed appropriate by the court, the court shall evaluate each case as provided in subdivision (d) below. After evaluation, the court shall assign each case to one of the three case-management plans in subdivision (c)(2) or exempt the case under subdivision (c)(3) from the case-disposition time goals provided under Section 2.1 of the Standards. The court may modify the assigned case-management plan at any time for good cause shown.
(2) Case-management plans. The goals for disposition under the following case-management plans shall be from the date of filing:
(a) Plan 1, disposition within 12 months,
(b) Plan 2, disposition within 18 months,
(c) Plan 3, disposition within 24 months.
(3) Exceptional cases. The court may in the interest of justice exempt a general civil case from the case-disposition time goals if it finds the case involves exceptional circumstances that will prevent the court and the parties from meeting the goals and deadlines imposed by the program. In making the determination, the court shall be guided by subdivision (d) below. If the court exempts the case from the case-disposition time goals, the court shall establish a case-progression plan and monitor the case to ensure timely disposition consistent with the exceptional circumstances, with a goal for disposition within three years.
(d) Case Evaluation Factors. In applying subdivision (c) above, the court shall estimate the maximum time that will reasonably be required to dispose of each case in a just and effective manner. The court shall consider the following factors and any other information the court deems relevant, understanding that no one factor or set of factors shall be controlling and that cases may have unique characteristics incapable of precise definition:
(1) Type and subject matter of the action,
(2) Number of causes of action or affirmative defenses alleged,
(3) Number of parties with separate interests,
(4) Number of cross-complaints and the subject matter,
(5) Complexity of issues, including issues of first impression,
(6) Difficulty in identifying, locating, and serving parties,
(7) Nature and extent of discovery anticipated,
(8) Number and location of percipient and expert witnesses,
(9) Estimated length of trial,
(10) Whether some or all issues can be arbitrated, or should be referred to any other form of Alternative Dispute Resolution,
(11) Statutory priority for the issues,
(12) Likelihood of review by writ or appeal,
(13) Amount in controversy and the type of remedy sought, including measure of damages,
(14) Pendency of other actions or proceedings which may affect the case,
(15) Nature and extent of law and motion proceedings anticipated,
(16) Nature and extent of the injuries and damages,
(17) Pendency of under-insured claims, and
(18) Any other factor that would affect the time for disposition of the case.
(Rule 7.6(d) [1/1/94] amended and effective 1/1/2003.)
(Rule 7.6 [1/1/94, 1/1/2003] amended and effective 1/1/08.)
7.7 RESERVED
(Rule 7.7 DISPOSITION OF CASES [1/1/94, 7/1/95, 7/1/98, 1/1/03] REPEALED 1/1/2004.)
7.8 CASE REMOVED TO FEDERAL COURT
In the event a case is removed to federal court, the court will order a date, not earlier than 90 days from the date of removal, by which counsel shall file a Notice of Status of Removed Case. If the case has not remanded to the trial court by that time, it will be recorded as completed without the need to conduct a further status conference.
(Rule 7.8 effective 1/1/94.)
7.9 CASE MANAGEMENT CONFERENCES
(a) Case Management Conference/Review.
(1) Except for cases exempt under California Rules of Court, rule 3.721, in all unlimited civil cases, the case management conference shall be held not later than 180 days after the complaint is filed. At the case management conference, counsel (and any party in propria persona) shall appear and be fully prepared to discuss, and the court may make orders concerning, the matters set forth in California Rules of Court, rule 3.727.
(2) In all limited civil cases, the court shall conduct a case management review no later than 180 days after the complaint is filed. A case management conference shall not be held and counsel and self-represented parties need not attend a case management conference, unless otherwise ordered by the court.
(3) After the case management conference or review, the court must enter a case management order in accordance with California Rules of Court, rule 3.728.
(4) This rule shall not apply to family law, probate, juvenile court, small claims, unlawful detainer, and civil petition cases.
(Rule 7.9(a) [re-titled, (1) amended, (2) through (4) newly added 1/1/2003] amended and effective 1/1/08.)
(b) Conduct of Case Management Conference/Review.
(1) Unless the court orders another time period, no later than 30 calendar days before the date set for the case management conference or review, the parties shall meet and confer, in person or by telephone, to consider each of the issues identified in California Rules of Court, rules 3.724 and 3.727.
(2) No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement using Judicial Council Form CM-110, and serve it on all parties in the case. (Cal. Rules of Court, rule 3.725.)
(Rule 7.9(b)(1)&(2) [newly added 1/1/2003] amended and effective 1/1/08.)
(c) Alternative Dispute Resolution. The court shall refer all appropriate cases to judicial arbitration or mediation consistent with Government Code section 68616 (g). When a case is referred to arbitration or mediation, counsel shall select the arbitrator or mediator and if they cannot agree, the court will designate the arbitrator or mediator and alternates by the end of the day. The ADR Office shall maintain a list of arbitrators and mediators. The list of mediators shall be composed of persons who have completed a minimum of 25 hours of mediation training. The list of arbitrators shall be composed of active members of the state bar and retired judges of courts of record. The court will set the dates for completion of the arbitration or mediation and any further status conference following arbitration or mediation. Consistent with California Rules of Court, rules 3.821 and 3.825, the arbitrator's award must be filed within 10 days of the arbitration hearing. Consistent with California Rules of Court, rules 3.875 and 3.876, the mediator's statement of agreement or non-agreement must be filed within 10 days after the completion of the mediation. An arbitration report shall be filed by plaintiff in the appropriate court five court days before the furtherstatus conference. Other alternative dispute procedures should be considered, such as mini-trials. Counsel should ensure compliance with all ADR Rules set forth in Chapter Twelve.
(Rule 7.9(c) [as (b)(1) 1/1/2001, renumbered, (2)&(3) repealed 1/1/03, 7/1/03] amended and effective 1/1/08.)
(d) Setting of Settlement Conference. The court may set a settlement conference on its own motion or at the request of any party.
(1) Attendance. Unless expressly excused for good cause by the judge, all persons whose consent is required to effect a binding settlement shall be personally present at a scheduled settlement conference. Included among such persons are: the litigants (unless consent of the particular litigant is not required for the settlement); an authorized representative of any insurance company which has coverage involved in the case; and an authorized representative of a corporation or other business or government entity which is a litigant. Such persons shall have full authority to make decisions or negotiate concerning the settlement of the case.
(2) Excuse From Attendance. Any request to the court to excuse attendance of any such person shall be by written stipulation of the parties or by an ex parte application that complies with Rule 9.9. A person excused by the court shall be immediately available for telephone communication with counsel and the court at the time set for the settlement conference.
(3) Familiarity With Case. Attorneys for all parties appearing in the action shall attend the conference and be intimately familiar with the pertinent available evidence involving both liability and damages. Such attorney shall be prepared to discuss the case in depth and, except for good cause shown, shall be the attorney who will try the case.
(4) Liens. Plaintiff's attorney shall ascertain whether there are liens which bear on a potential settlement and, if so, request the claimants or their representatives to attend the conference or be available for telephone communication during the conference.
(Rule 7.9(d)(1) through (4) renumbered, amended and effective 1/1/2003.)
(e) Written Statements for Settlement Conferences. Each party shall submit to the court and serve upon adversaries a written statement not later than five calendar days before the conference.
The written statement shall contain a concise statement of the material facts of the case and the factual and legal contentions in dispute. The statement also shall identify all parties and their capacities in the action and contain citations of authorities which support legal propositions important to resolution of the case. The written statement of a party claiming damages shall contain a list of all special damages claimed as well as a statement of any amounts claimed as general and punitive damages and the total amount claimed as damages.
The written statement shall be submitted directly to the courtroom in which the settlement conference is calendared and shall not be sent to the court generally or to the clerk's office. The written statements will not be filed since they are only used at the settlement conference and will be returned to counsel at the conclusion of the conference.
In a personal injury action the special damages shall be listed. The list shall include all such expenses incurred to the time of the settlement conference. The statements shall also include the general status of the case including offers for settlement in place.
(Rule 7.9(e) renumbered and effective 1/1/2003.)
(f) Court to be Notified of Settlement. Reference California Rules of Court, rule 3.1385. If a case is settled, the plaintiff or plaintiff's counsel must immediately file written notice of the settlement or other disposition with the Court and serve a copy of said notice on the ADR neutral and the ADR Clerk involved in the case. The plaintiff must also immediately give oral notice to allof the above, if a hearing, conference or trial is imminent. If the plaintiff or other party seeking affirmative relief does not notify the court-connected ADR neutral involved in the case of a settlement at least 2 days before a scheduled hearing or session, the court may order the party to compensate the neutral. The amount of compensation may not be less than $150 and may not exceed $450.
The Application and Motion for Compensation must be filed by the neutral within 5 court days of the scheduled hearing or session. If a dismissal has been filed, the court maintains jurisdiction to hear the Application and Motion for Compensation.
(Rule 7.9(f) [renumbered as (b) 11/01/00, 1/01/2001, renumbered as (f) 1/1/03, 7/1/03, new text 1/1/05]
amended and effective 1/1/08.)
(g) Setting of the Trial Date. A trial date shall be set in accordance with the goals as set forth in Rule 7.0(d) and with those priorities authorized or mandated by law. There will be no delay in setting the case for trial because counsel have delayed conducting discovery or otherwise delayed processing the case.
(Rule 7.9(g) renumbered from (c) and effective 1/1/2003.)
(h) Final Trial Preparation. The court shall require counsel to attend a final status conference, which shall be held not more than 10 days prior to the trial date. The conference on I/C cases will be held before the assigned I/C judge; on M/C cases, the conference will be held in a department to be designated. At least 5 days prior to this conference, counsel must have exchanged and filed lists of pre-marked exhibits (See Rules 8.61-8.63) to be used at trial, jury instruction requests, trial witness lists, and a proposed short statement of the case to be read to the jury panel explaining the case. Failure to exchange and file these items may result in not being able to call witnesses, present exhibits at trial, or have a jury trial. If actual trial does not commence within 30 days of the set trial date any party has the right to request a modification of any final status conference order or any previously submitted required exchange list.
In an I/C case, the parties shall file and serve any trial preparation motions and dispositive motions, other than summary judgment motions, including motions in limine or bifurcation motion, with timely statutory notice so as to be heard on the day of this final status conference. Unless the court orders otherwise, lead trial counsel must attend the final status conference. At this conference, the court will also consider, inter alia, major evidentiary issues and special verdict issues. In M/C cases, the parties shall file and serve any such trial preparation motions at least five days before the final status conference and they shall be set for hearing on the first day of trial.
In addition, at the final status conference the court shall consider severing for trial all unserved or recently served fictitiously named parties.
(Rule 7.9(h) [renumbered from (d) 1/1/2003, 1/1/05] amended and effective 1/1/06.)
(i) Discretionary Final Status Conference Preparation Orders. Notwithstanding the provisions of Rule 7.9, subdivision (h), pursuant to the case differentiation principles of case management (Cal. Rules of Court, rule 3.710 et seq.), the court in its discretion may order, among other case management techniques, one or more of the following procedures:
(1) A final status conference to be held more than 10 days before the trial date;
(2) An `in person' meeting of the parties before the final status conference concerning the submission to the court of joint trial documents;
(3) The submission of trial documents to the court more than 5 days before the final status conference;
(4) A joint statement to be read to the jury;
(5) A joint witness list;
(6) A joint exhibit list;
(7) A set of agreed jury instructions (and, if necessary, a separate set of instructions to which there is disagreement), in the proper format with all changes and modifications applicable to the case in accordance with California Rules of Court, rule 2.1055, (i.e., correct references to the parties, no blanks, brackets, empty spaces or inapplicable options);
(8) An agreed special verdict form with interrogatories, unless the court has ordered a general verdict form. (Rule 7.9(i) newly added 1/1/06.)
(Rule 7.9 [1/1/94, 1/1/95, 7/1/95, 7/1/97, 1/1/98, 7/1/98, 11/01/00, 1/1/2001,
re-titled & amended 1/1/2003, 7/1/03, 1/1/05, 1/1/06] amended and effective 1/1/08.)
7.10. (RESERVED)
(Rule 7.10(b) 30-Day Stipulated Continuance [1/1/94] REPEALED effective 1/1/2003.)
(Rule 7.10(a) Stipulations [1/1/94, 1/1/2003] REPEALED effective 1/1/2005.)
(Rule 7.10 [1/1/94, 1/1/2003] REPEALED effective 1/1/2005.)
7.11 CIVIL TRIALS PROCEDURE
The provisions of Chapter Eight (Civil Trial Procedure) apply to all I/C and M/C cases, except to the extent that they are inconsistent with these Rules. Counsel are expected to be thoroughly familiar with Chapter 8 and should understand that it is the Court's intention to strictly enforce the same.
(Rule 7.11 effective 1/1/94.)
7.12 LITIGATION CONDUCT
The following "guidelines" adopted by the Los Angeles County Bar Association are adopted as civility in litigation recommendations to members of the bar.
(Rule 7.12 opening amended and effective July 1, 2000.)
(a) Continuances and Extensions of Time.
(1) First requests for reasonable extensions of time to respond to litigation deadlines, whether relating to pleadings, discovery or motions, should ordinarily be granted as a matter of courtesy unless time is of the essence. A first extension should be allowed even if the counsel requesting it has previously refused to grant an extension.
(2) After a first extension, any additional requests for time should be dealt with by balancing the need for expedition against the deference one should ordinarily give to an opponent's schedule of professional and personal engagements, the reasonableness of the length of extension requested, the opponent's willingness to grant reciprocal extensions, the time actually needed for the task, and whether it is likely a court would grant the extension if asked to do so.
(3) A lawyer should advise clients against the strategy of granting no time extensions for the sake of appearing "tough".
(4) A lawyer should not seek extensions or continuances for the purpose of harassment or prolonging litigation.
(5) A lawyer should not attach to extensions unfair and extraneous conditions. A lawyer is entitled to impose conditions such as preserving rights that an extension might jeopardize or seeking reciprocal scheduling concessions. A lawyer should not, by granting extensions, seek to preclude an opponent's substantive rights, such as his or her right to move against a complaint.
(b) Service of Papers.
(1) The timing and manner of service of papers should not be used to the disadvantage of the party receiving the papers.
(2) Papers should not be served sufficiently close to a court appearance so as to inhibit the ability of opposing counsel to prepare for that appearance or, where permitted by law, to respond to the papers.
(3) Papers should not be served in order to take advantage of an opponent's known absence from the office or at a time or in a manner designed to inconvenience an adversary, such as late on Friday afternoon or the day preceding a secular or religious holiday.
(4) Service should be made personally or by facsimile transmission when it is likely that service by mail, even when allowed, will prejudice the opposing party.
(c) Written Submissions to a Court, Including Briefs, Memoranda, Affidavits and Declarations.
(1) Written briefs or memoranda or points and authorities should not rely on facts that are not properly part of the record. A litigant may, however, present historical, economic, or sociological data if such data appear in or are derived from generally available sources.
(2) Neither written submissions nor oral presentations should disparage the intelligence, ethics, morals, integrity or personal behavior of one's adversaries, unless such things are directly and necessarily in issue.
(d) Communications With Adversaries.
(1) Counsel should at all times be civil and courteous in communicating with adversaries, whether in writing or orally.
(2) Letters should not be written to ascribe to one's adversary a position he or she has not taken or to create "a record" of events that have not occurred.
(3) Letters intended only to make a record should be used sparingly and only when thought to be necessary under all the circumstances.
(4) Unless specifically permitted or invited by the court, letters between counsel should not be sent to judges.
(e) Depositions.
(1) Depositions should be taken only where actually needed to ascertain facts or information or to perpetuate testimony. They should never be used as a means of harassment or to generate expense.
(2) In scheduling depositions, reasonable consideration should be given to accommodating schedules or opposing counsel and of the deponent, where it is possible to do so without prejudicing the client's rights.
(3) When a deposition is noticed by another party in the reasonably near future, counsel should ordinarily not notice another deposition for an earlier date without the agreement of opposing counsel.
(4) Counsel should not attempt to delay a deposition for dilatory purposes but only if necessary to meet real scheduling problems.
(5) Counsel should not inquire into a deponent's personal affairs or question a deponent's integrity where such inquiry is irrelevant to the subject matter of the deposition.
(6) Counsel should refrain from repetitive or argumentative questions or those asked solely for purposes of harassment.
(7) Counsel defending a deposition should limit objections to those that are well founded and necessary for the protection of a client's interest. Counsel should bear in mind that most objections are preserved and need be interposed only when the form of a question is defective or privileged information is sought.
(8) While a question is pending, counsel should not, through objections or otherwise, coach the deponent or suggest answers.
(9) Counsel should not direct a deponent to refuse to answer questions unless they seek privileged information or are manifestly irrelevant or calculated to harass.
(10) Counsel for all parties should refrain from self-serving speeches during depositions.
(11) Counsel should not engage in any conduct during a deposition that would not be allowed in the presence of a judicial officer.
(f) Document Demands.
(1) Demands for production of documents should be limited to documents actually and reasonably believed to be needed for the prosecution or defense of an action and not made to harass or embarrass a party or witness or to impose an inordinate burden or expense in responding.
(2) Demands for document production should not be so broad as to encompass documents clearly not relevant to the subject matter of the case.
(3) In responding to document demands, counsel should not strain to interpret the request in an artificially restrictive manner in order to avoid disclosure.
(4) Documents should be withheld on the grounds of privilege only where appropriate.
(5) Counsel should not produce documents in a disorganized or unintelligible fashion, or in a way calculated to hide or obscure the existence of particular documents.
(6) Document production should not be delayed to prevent opposing counsel from inspecting documents prior to scheduled depositions or for any other tactical reason.
(g) Interrogatories.
(1) Interrogatories should be used sparingly and never to harass or impose undue burden or expense on adversaries.
(2) Interrogatories should not be read by the recipient in an artificial manner designed to assure that answers are not truly responsive.
(3) Objections to interrogatories should be based on a good faith belief in their merit and not be made for the purpose of withholding relevant information. If an interrogatory is objectionable only in part, the unobjectionable portion should be answered.
(h) Motion Practice.
(1) Before filing a motion, counsel should engage in more than a mere pro forma discussion of its purpose in an effort to resolve the issue.
(2) A lawyer should not force his or her adversary to make a motion and then not oppose it.
(i) Dealing with Non-Party Witness.
(1) Counsel should not issue subpoenas to non-party witnesses except in connection with their appearance at a hearing, trial or deposition.
(2) Deposition subpoenas should be accompanied by notices of deposition with copies to all counsel.
(3) Where counsel obtains documents pursuant to a deposition subpoena, copies of the documents should be made available to the adversary at his or her expense even if the deposition is canceled or adjourned.
(j) Ex Parte Communications with the Court.
(1) A lawyer should avoid ex parte communication on the substance of a pending case with a judge (or his or her law clerk) before whom such case is pending.
(2) Even where applicable laws or rules permit an ex parte application or communication to the court, before making such an application or communication, a lawyer should make diligent efforts to notify the opposing party or a lawyer known to represent or likely to represent the opposing party and should make reasonable efforts to accommodate the schedule of such lawyer to permit the opposing party to be represented on the application.
(3) Where the rules permit an ex parte application or communication to the court in an emergency situation, a lawyer should make such an application or communication (including an application to shorten an otherwise applicable time period) only where there is a bona fide emergency such that the lawyer's client will be seriously prejudiced by a failure to make the application or communication on regular notice.
(k) Settlement and Alternative Dispute Resolution.
(1) Except where there are strong and overriding issues of principle, an attorney should raise and explore the issue of settlement in every case as soon as enough is known about the case to make settlement discussions meaningful.
(2) Counsel should not falsely hold out the possibility of settlement as a means for adjourning discovery or delaying trial.
(3) In every case, counsel should consider and discuss with the client whether the client’s interest could be adequately served and the controversy more expeditiously and economically disposed of by arbitration, mediation or other forms of alternative dispute resolution.
(4) Counsel are encouraged to discuss the various ADR processes with their clients and explain the confidentiality and non-binding nature of the selected process.
(5) The court ADR program may be used for 1 pro bono ADR process through an ADR hearing. The court ADR program is available for an additional ADR process, if the parties want to retain the court ADR Neutral on a private basis.
(Rule 7.12(k) amended and effective 1/1/2003.)
(l) Trials and Hearings.
(1) Counsel should be punctual and prepared for any court appearance.
(2) Counsel should always deal with parties, counsel, witnesses, jurors or prospective jurors, court personnel and the judge with courtesy and civility.
(Rule 7.12 [1/1/94, REPEALED in part by CRC 981.1 7/1/2000]
amended and effective 1/1/2003.)
7.13 SANCTIONS
The court may impose appropriate sanctions for the failure or refusal (1) to comply with the Rules, (2) to comply with any order made hereunder or (3) to meet the time standards and/or deadlines established herein. Counsel are directed to Code of Civil Procedure sections 128, 128.7, 177.5, 575.2, 583.150, 583.430, 2016 through 2036, Government Code section 68609(d), and Rule 2.30 of the California Rules of Court. Such sanctions may be imposed on a party and/or, if appropriate, on counsel for such party. While the court may impose sanctions for specified conduct, the court should do so sparingly and only when clearly warranted.
(Rule 7.13 [1/1/94, 7/1/06] amended and effective 1/1/08.)
7.14 EXCEPTION ORDERS
Nothing in the Rules shall be interpreted to prevent the court in an individual case from issuing an exception order based on a specific finding that the interests of justice require a modification of the routine procedures prescribed herein.
(Rule 7.14 effective 1/1/94.)
MISCELLANEOUS
7.15 RESERVED
(Rule 7.15 [1/1/94] DATA PROCESSING CONTROL FORMS REPEALED 7/1/98.)
7.16 TRANSCRIPT OF PROCEEDINGS
(a) Whenever a party requests a transcript of all or a part of a trial or proceedings, the reporter or electronic recording monitor shall forthwith inform all other parties of such request and inquire whether any of such parties desire a copy of such transcript.
(b) The Court, as depository of fees, shall charge for administering the Court Report Trust Fund. The fee shall be assessed at the time the Court Reporter's Fees are deposited with the Court. (Rule 7.16(b) added & effective 3/1/96.)
(Rule 7.16 [1/1/94] amended and effective 3/1/96.)
7.17 ARBITRATION PROCEEDINGS, IMPOSITION OF SANCTIONS RE SETTLEMENT -- REPEALED. Duplicated in Rule 12.5
(Rule 7.17 [1/1/94] REPEALED 7/1/95.)
7.18 RESERVED
(Rule 7.18 [1/1/94] DATA PROCESSING CONTROL FORMS REPEALED 7/1/98.)
7.19 RESERVED
(Rule 7.19 [1/1/94] CONFIDENTIALITY AGREEMENTS AND PROTECTIVE ORDERS
REPEALED July 1, 2002.)
7.20 TELEPHONIC APPEARANCES
(a) Counsel for any party may request to appear by telephone at any pretrial hearing at which no evidence will be taken, except the following:
(1) A status conference that is held for any purpose other than, or in addition to, setting the case for trial;
(2) A settlement conference;
(3) A mediation or judicial arbitration proceeding;
(4) An application for a Temporary Restraining Order;
(5) An ex parte application for any order other than:
a) permission to file Points & Authorities in excess of the applicable page limits;
b) to set hearing dates on alternative writs and orders to show cause;
c) to obtain approval of a stipulation or other proposed order of the court;
(6) Any hearing at which the judge or hearing officer decides that the personal appearance of counsel will materially assist in a determination of the proceeding or in resolution of the case.
(b) Counsel desiring to appear by telephone shall request to do so in the time and in the manner required by California Rules of Court, Rule 3.670. The request will be deemed approved, unless the court gives notice to the contrary.
(Rule 7.20(b) [1/1/2000] amended and effective 1/1/08.)
(c) The court has entered into a contract with a private vendor who may provide teleconferencing services for court appearances, but only for hearings before those judges who elect to participate in the contractor's program. Counsel who are contacted by the contractor shall follow the contractor's instructions with respect to implementation of the telephonic appearance. The contractor may charge counsel appearing by telephone a reasonable fee, specified in the contract, for the contractor's services. Unless notified to the contrary by the contractor or by the clerk, a party requesting to appear by telephone shall telephone the clerk in the department in which the hearing is calendared no less than 15 minutes before the time at which the hearing is set, and said party shall follow the instructions of the clerk with respect to the implementation of the telephonic appearance.
(d) A hearing in which a telephonic appearance is noticed shall be set on the court's regular calendar at the same time as all similar matters not involving telephonic appearances are heard.
(Rule 7.20 [1/1/2000] amended and effective 1/1/08.)
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