June 20, 2007

PROPOSED REVISIONS TO LOCAL COURT RULES

Pursuant to California Rules of Court, Rule 10.613(g), the following proposed amendments to the Local Rules are hereby distributed for comment. The affected rules are:

Chapter Two: Rules 2.0(e), 2.5(g)

Chapter Seven: Rule 7.3(g)(5)

Chapter Nine: Rules 9.0(c), 9.9(b)

Comments must be submitted in writing by 5:00 p.m. on August 3, 2007, to Bridget T. Hana, Management Systems Analysis Unit, Superior Court, 111 North Hill Street, Los Angeles, CA 90012.

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View LASC Local Rules at http://www.lasuperiorcourt.org

2.0 DISTRICT SESSIONS, FILING AND TRANSFER OF ACTIONS.

(a) Districts. . . . .

(b) Mandatory Filing. . . .

(c) Optional Filing. . . . .

(d) Certificate Required. Other than electronically filed family law cases initiated by the district attorney, a civil action or proceeding presented for filing in any district must be accompanied by a separate page bearing the title of the court and cause, stating which of the grounds specified in this rule authorizes the filing in such district and shall be signed by counsel. If the ground is the residence of a party, his/her name and residence shall be stated. A copy thereof shall be served with the summons and complaint or petition.

(e) Documents, Exhibits and Attachments Presented for Filing. All documents, including attachments and/or exhibits, (limited to paper which can be duplicated) which would render the document and its attachments collectively to exceed 3 inches in thickness shall be subdivided into multiple volumes and tabbed.

(Rule 2.0(e) newly added and effective _____________.)

(e f) Transfer. . . . .

(f g) Master Calendar Departments. . . . .

(Rule 2.0 [1/1/94, 7/1/95, 1/1/98, 7/1/98, 1/1/00, 11/01/00, 1/01/01, 7/1/01, 1/1/02, 1/1/03, 7/1/03, 7/1/04, 1/1/06, 7/1/06] amended and effective ________________.).

2.5 ASSIGNMENTS TO CENTRAL DISTRICT DEPARTMENTS.

In addition to the provisions of the California Rules of Court, the following actions, proceedings and procedures are assigned as follows:

(a) Appellate Division/Department 70. . . . .

(b) Criminal Master Calendar Department. . . . .

(c) Certain Proceedings in Other Criminal Departments. . . . .

(d) Supplemental Proceedings. . . . .

(e) Eminent Domain Department. . . . .

(f) Family Law Department. . . . .

(g) Civil Harassment Petitions.

- Civil harassment petitions in the Central District are heard in Department 76.

(Rule 2.5(g) Civil Harassment Petitions newly added and effective ___________.)

(g h) Mental Health Department. . . . .

(Rule 2.5(h) [originally as (g), 1/1/99, 1/1/2001, 7/1/2001] renumbered and effective ___________.)

(h i) Probate Department. . . . .

(Rule 2.5(i) [originally as (h) [1/1/95] renumbered and effective ____________.)

(i j) Writs and Receivers Department.

(Rule 2.5(j) [originally as (i) [1/1/99, 1/1/2001, 7/1/2001, 1/1/2003, 7/1/05, 1/1/06, 7/1/06] renumbered, amended and effective _____________.)

(j k) Class Actions. . . . .

(Rule 2.5(k) [originally as (j) {Original Class Actions Department REPEALED in conformance with CRC, new subdivision (j) transferred from 15.1, 7/1/2002} 7/1/03] renumbered and effective _____________.)

(k l) Asbestos Department. . . . .

(Rule 2.5(l) [originally as (k) 1/1/94] renumbered and effective _____________.)

(l m) Conciliation Department. . . . .

(Rule 2.5(m) [originally as (l) 1/1/94] renumbered and effective _____________.)

(m n) Juvenile Department. . . . .

(Rule 2.5(n) [originally as (m) 1/1/94] renumbered and effective _____________.)

(n o) Attachments and Writs of Possession Department. . . . .

(Rule 2.5(o) [originally as (n) 1/1/94] renumbered and effective _____________.)

(o p) Long Cause Cases. . . . .

(Rule 2.5(p) [originally as (o) 7/1/99 {Original (p) Temporary Restraining Order and Preliminary Injunction - Central District REPEALED _________________}] renumbered and effective _____________.)

(Rule 2.5 [1/1/94, 1/1/95, 1/1/99, 7/1/99, 1/1/2000, 4/1/2000, 1/1/2001, 7/1/2001, 1/1/2002, 7/1/2002, 1/1/2003, 7/1/03, 1/1/04, 1/1/05, 7/1/05, 1/1/06, 7/1/06, 1/1/07] subdivision (j) renumbered, amended & new text added, subd. (p) Temporary Restraining Order and Preliminary Injunction - Central District REPEALED and effective __________________.)

7.3 ASSIGNMENT OF I/C CASES

(a) Proportionate Assignment. . . . .

(b) Regulation of Case Assignment. . . . .

(c) Notice of Case Assignment. . . . .

(d) Improper Refiling. . . . .

(e) Duty of Counsel. . . . .

(f) Related Cases. . . . .

(g) Consolidation of Cases.

(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 _________________.)

(h) Coordination of Cases. . . . .

(i) Assignment for All Purposes. . . . .

(j) Effect of Judge Unavailability. . . . .

(k) Complex Litigation. . . . .

(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, 1/1/06] amended and effective _________________.)

9.0 TIME OF HEARING AND FILING OF PAPERS

(a) Time for Filing. All fee documents are to be filed at the filing window no later than 4:30 p.m. Opposition or reply papers shall be filed in the court department not later than 4:30 p.m., or other time or location ordered, on the last day permitted.

Clerk's offices shall open to the public for filing of documents other than opposition or reply papers, and for other official public services, no later than 8:30 a.m., and close at 4:30 p.m. of each court business day. Except for those persons remaining within the offices upon closing, the clerk shall not allow the public to enter the offices for the purposes of filing papers or obtaining other official services after this 4:30 p.m. closing time except as directed by the court.

(Rule 9.0(a) amended and effective 7/1/2002.)

(b) Lodged Materials. As an alternative to submitting a self-addressed envelope with lodged material, an attorney-service pick-up slip may be submitted with the lodged materials so long as the attorney service is instructed by counsel to pick up the papers without reminder from the clerk. All exhibits (i.e., deposition transcripts, bulky items, etc.) except those attached to papers, presented for motions and trials shall be lodged with the court in time for the hearing or at such other time as the court may order. All exhibits so lodged will be returned to counsel after the hearing for preservation unless ordered by the court.

(c) Documents, Exhibits and Attachments Presented for Filing. All documents, including attachments and/or exhibits, (limited to paper which can be duplicated) which would render the document and its attachments collectively to exceed 3 inches in thickness shall be subdivided into multiple volumes and tabbed.

(Rule 9.0(c) newly added and effective _____________.)

(c d) Time of Hearing. In the Central District, except in Departments 85 and 86 (see, LASCR, Rule 9.4), all law and motion matters shall be heard by the I/C Judges in their respective departments at 8:30 a.m. each day. Law and motion matters on cases assigned to districts will be heard at the designated times and places.

(Rule 9.0(d) [originally as (c) 7/1/04] renumbered and effective _____________.)

(Rule 9.0 [as Rule 9.8 1/1/94, 3/1/96, 7/1/98, as Rule 9.0 7/1/2000, title & subd. (a) and (b) amended and effective July 1, 2002, 7/1/04] amended and effective ______________.)

9.9 TIME OF EX PARTE HEARINGS

(a) Ex parte hearings in Central District. In the Central District all ex parte matters shall be heard by the I/C and Departments 85 and 86 Judges in their respective departments at 8:30 a.m. each day. Ex parte matters on cases assigned to other districts shall be heard at the designated times and places.

(Rule 9.9 (a) subdivision title added and effective _________________.)

(b) Civil Harassment Applications: Applications for civil harassment Restraining Orders are heard each court day from 8:30 a.m. to noon, and from 1:30 p.m. to 4:00 p.m. Applications for such restraining orders must be filed in the Clerk's Office by 3:30 p.m. in order to be heard on that day.

(Rule 9.9(b) newly added _________________.)

(Rule 9.9 [as Rule 9.41 1/1/94 renumbered 7/1/2000] subdivision (a) title added and new subdivision (b) added and effective _________________.)