8.0 ENFORCEMENT AND SANCTIONS
The court may impose appropriate sanctions for the failure or refusal to comply with the Rules, including possible dismissal, striking of pleadings, vacation of trial date, and/or monetary sanctions against the party in violation in the amount of costs and actual expenses, including attorneys fees incurred by any and all other parties. Monetary sanctions also may be imposed for such violation against any party, party's attorney or witness payable to the County of Los Angeles. In the discretion of the trial judge, upon application in a particular case these rules herein may be applied differently or not at all.
(Rule 8.0 effective 1/1/94.)
8.1 TALKING, SMOKING, CHEWING GUM AND EATING, ETC.
(Rule 8.1,Title amended and effective 7/1/95.)
Persons in the courtroom shall not converse, smoke, read newspapers, chew gum or eat food, etc. while court is in session. Counsel shall so instruct parties they represent, witnesses they call and persons accompanying them to the courtroom.
(Rule 8.1 [1/1/94] amended and effective 7/1/95.)
8.2 INAPPROPRIATE DRESS
Persons in the courtroom should not dress in a inappropriate manner such as to be distracting to others of usual sensibilities. Counsel shall so instruct parties they represent, witnesses they call and persons accompanying them.
Attorneys and court personnel should be dressed in accordance with current customs as to their business or work attire.
(Rule 8.2 [1/1/94, 7/1/95] title & text amended and effective 7/1/05.)
8.3 TRAVERSING "WELL" (Rule 8.3,Title amended and effective 7/1/95.)
Except with approval of the court, persons in the courtroom should not traverse the area between the bench and counsel table. Counsel shall so instruct parties they represent, witnesses they call and persons accompanying them.
(Rule 8.3 [1/1/94] amended and effective 7/1/95.)
8.4 SEATING OF COUNSEL
Unless otherwise indicated by the court, plaintiff's counsel will be seated adjacent to the jury box.
(Rule 8.4 effective 1/1/94.)
8.5 ADDRESSING THE JUDGE
When addressing the trial judge in court, "Your Honor" is proper; "Judge", "Judge (Name)", "ma'am", or "sir" is improper.
(Rule 8.5 [1/1/94] amended and effective 7/1/05.)
8.6 REQUESTS TO THE REPORTER ADDRESSED TO COURT
Any request for the court reporter or recorder to read or mark the record or to go "off-the-record" should be addressed to the court outside the presence of the jury, and not to the reporter or recorder.
(Rule 8.6 effective 1/1/94.)
8.7 "OFF-THE-RECORD" CONFERENCES
Conferences touching upon any subject of the pending litigation should be held "on-the-record" if requested by any party. If substantive matters are touched upon in any "off-the-record" conference with the trial judge, a reported conference should be conducted forthwith at which the same parties are present and such substantive matters should be recited or summarized in order that the parties have the opportunity to complete the record. Conferences concerning settlement are not reported but the express terms of the settlement agreement are placed on the record.
(Rule 8.7 effective 1/1/94.)
8.8 ADDRESS TO COURT BY REPRESENTED PARTY OR WITNESS
A party or witness represented by counsel seeking to address the court directly should be instructed by the court to confer with such counsel. Thereafter, the court will confer with such attorney outside the hearing of the jury concerning the subject matter of such communication and determine whether or not such party or witness shall be permitted to directly address the court, and if so, the limits thereon.
(Rule 8.8 effective 1/1/94.)
8.9 EXAMINATION FROM COUNSEL TABLE
Ordinarily, counsel and parties appearing in propria persona shall remain at a lectern or behind the counsel table when examining a witness.
(Rule 8.9 [1/1/94] text deleted & moved to 8.15, and effective 7/1/05.)
8.10 APPROACHING A WITNESS
Unless the court otherwise directs, counsel need not request permission from the court to approach a witness solely for the purpose of showing the witness a document or other object. Before approaching a witness for any other purpose, a party shall request permission from the court.
(Rule 8.10 [1/1/94] amended and effective 7/1/05.)
8.11 STAND TO OBJECT AND ARGUE
Counsel shall stand when addressing the court, except when stating merely the grounds for objection to evidence without argument thereon.
(Rule 8.11 effective 1/1/94.)
8.12 COUNSEL'S USE OF BLACKBOARD AND PAPER DURING PRESENTATION OF EVIDENCE
During opening statement or presentation of evidence, counsel may not, without the consent of the trial judge, use a blackboard or paper on a bulletin board to write or summarize witnesses' testimony or diagram, calculate or outline chronology therefrom.
(Rule 8.12 effective 1/1/94.)
8.13 COMMUNICATION TO COURT BY PARTIES AND WITNESSES
Counsel shall instruct the parties they represent and the witnesses they call that they shall have no communication with the court touching upon any subject of the pending litigation except on- the-record with all counsel or parties appearing in propria persona present. The court shall promptly disclose any violation of the foregoing rule to all parties and it shall be made a part of the record.
(Rule 8.13 effective 1/1/94.)
8.14 ARGUMENT ADDRESSED TO COURT
Argument, objections and requests by counsel during trial shall be addressed to the court rather than directly to adversaries.
(Rule 8.14 effective 1/1/94.)
8.15 ADDRESSING OTHERS
During trial, counsel shall not exhibit familiarity with witnesses, parties or other counsel, nor address them by use of first names (except children).
(Rule 8.15 CITATIONS IN BRIEFS AND PAPER [1/1/94, 7/1/04] REPEALED,
new title added, text transferred from 8.9, and effective 7/1/05.)
8.16 FAMILIARITY WITH JURORS TO BE AVOIDED
During argument counsel shall not address or refer to jurors individually or by name or occupation and shall not use the first name when addressing a juror in voir dire examination.
(Rule 8.16 effective 1/1/94.)
8.17 COMMUNICATION TO JURORS BY PARTIES AND WITNESSES
Counsel shall instruct the parties they represent and the witnesses they call that they shall have no communication with any juror.
(Rule 8.17 effective 1/1/94.)
8.18 USE OF INTERPRETERS The party calling a witness for whom an interpreter is required must provide in advance for, and compensate, the interpreter. Interpreters in civil actions are not provided through the court, but a list of some interpreters offering their services may be obtained by communicating with the Los Angeles Superior Court's Division of Interpreter Assignments (telephone number 974-6708). Without consent of the parties, the court may not use a relative or friend as an interpreter in a contested proceeding.
(Rule 8.18 [1/1/94] amended and effective 7/1/04.)
8.19 PERSONS WITH DISABILITIES
In addition to complying with all applicable laws relating to accessibility, the court may confer with counsel as to how courtroom facilities and procedures may further reasonably accommodate disabled participants.
(Rule 8.19 [1/1/94] amended and effective 7/1/05.)
8.20 TRIAL CONFERENCE
Before a panel of prospective jurors is summoned, the trial judge shall determine if a jury trial has been properly demanded, with fees timely posted, and if a jury will be waived. If trial is by jury, the trial judge shall inquire of and determine the following items:
(a) Voir Dire Examination: The areas of proposed voir dire interrogation to be directed to prospective jurors and whether there is any contention that the case is one of "unusual circumstances" or contains "unique or complex elements, legal or factual" within the meaning of Standards of Judicial Administration, Section 8 such that usually improper voir dire questions may be asked or limited preinstruction as to law may be appropriate.
The trial judge will normally follow the voir dire procedures and utilize the questions, or those substantially similar set forth in Section 8 of the Standards of Judicial Administration.
(b) Statement of Case Read to Jury Panel: The text of a brief statement of the case suitable to be read by the trial judge to the panel of prospective jurors shall be reviewed (see Rule 7.9(h)).
(Rule 8.20(b) amended and effective 7/1/05.)
(c) Less Than Twelve Jurors: Whether stipulations may be reached to the effect that less than 12 jurors may sit in the case.
(d) Number of Alternate Jurors: The number of alternate jurors, if any, to be drawn pursuant to Code of Civil Procedure.
(e) Stipulation to Excuse Jurors: Whether a stipulation may be reached to excuse jurors who express a desire not to sit because of potential length of the trial.
(f) Determination of Sides and Allocation of Peremptory Challenges: In multiple party cases, whether there are issues as to the number of "sides" and allocation of peremptory challenges within the meaning of Code of Civil Procedure section 231 and, if so, whether stipulations may be reached with regard thereto.
(g) Stipulations: At the conference the trial judge may request the parties to stipulate in writing and counsel should be encouraged so to stipulate:
That unless called to the attention of the court, all jurors shall be deemed to be in the jury box and in their proper places upon court reconvening after each recess or adjournment;
That after having given the admonition required by Code of Civil Procedure section 611, the court at each subsequent recess or adjournment need not repeat or remind the jury of the admonition theretofore given;
That in the absence of any counsel the court may:
(1) Upon the request of the jury, read to the jury any or all instructions previously given;
(2) Have read to the jury, at its request, any portions of the evidence given in the trial and may supply the jury, on its request, with any of the exhibits received in evidence;
(3) Call the jury into the courtroom to ascertain whether or not a verdict is probable, to receive the verdict of the jury and poll the jury; and
(4) In the event of the failure of the jury to reach a verdict, permit the jurors to separate and resume their deliberations on the morning of the next court day or such other time as may be fixed by the court;
That in the absence of the trial judge after the original submission of the case to the jury, any judge of this court may act in the place and stead of the absent trial judge to and including the time of discharge of the jury; and
That in the event of a judgment in favor of the plaintiff, a stay of execution may be issued to be effective for a period of 10 days after determination of a motion for a new trial or until 10 days after expiration of the time to file notice of intention to move for a new trial.
(Rule 8.20(g) amended and effective 7/1/05.)
(h) Requests for Judge to Ask Specific Questions: Any party requesting the trial judge to voir dire the prospective jurors with questions that are not set forth in Standards of Judicial Administration Sections 8(c) and 8(d), shall prepare and submit to the court such proposed questions in writing and furnish copies thereof for the other parties.
(i) Other Trial Matters: Any other trial matter the judge deems appropriate.
(Rule 8.20 [1/1/94] amended and effective 7/1/05.)
8.21 SETTLEMENT DISCUSSIONS WITH TRIAL JUDGE
Although the trial Judge may request counsel to further explore settlement, he/she may not wish to engage in settlement discussions if any party objects thereto. If all counsel and parties agree to settlement discussion with the trial judge and to waive any right to assert any disqualification which they might otherwise allege therefrom, such agreements and waivers should be placed on the record or in writing. Ordinarily, such agreements and waivers should be sufficiently broad to expressly permit the trial judge to discuss the anticipated evidence and dollar amounts offered and demanded, not only with all counsel present, but also with counsel and the litigants separately and in confidence.
If a settlement is reached, ordinarily, the terms thereof and consent thereto by the parties, as well as counsel, should be stated on the record.
(Rule 8.21 [1/1/94] amended and effective 7/1/05.)
8.22 NUMBER OF JURORS AND ALTERNATES
In the absence of a stipulation that a verdict may be returned by 11 or fewer jurors, the trial judge should usually direct the selection of alternate jurors as follows:
(1) If the trial time estimate is over 3 trial days, but less than 7 trial days, 2 alternates;
(2) If the trial time estimate is over 6 trial days, but less than 21 trial days, 3 alternates;
(3) If the trial time estimate is over 20 trial days, 4 alternates.
If a stipulation is reached that a verdict may be returned by 11 or fewer jurors, the trial judge should usually direct the selection of one less alternate for each juror less than 12 required for a verdict.
If the replacement of a regular juror is required, an alternate should be selected by lot if there are two or more alternates, unless counsel have stipulated to another procedure. (See, Code Civ. Proc., §§ 233, 234).
(Rule 8.22 effective 1/1/94.)
8.23 NUMBER OF PROSPECTIVE JURORS CALLED
Except in cases which appear lengthy or to involve emotional or controversial subjects wherein a larger juror panel may be requested, the trial judge ordinarily should request a panel of prospective jurors as follows:
If there are but two parties and the trial estimate is less than 10 trial days, only 30 prospective jurors should be called;
If there are more than 12 peremptory challenges in the aggregate an additional prospective juror should be called for each challenge in excess of 12.
(Rule 8.23 effective 1/1/94.)
8.24 JURY INSTRUCTION CONFERENCE
Before final argument and after submission to the trial judge of all proposed jury instructions, verdict and findings forms, a conference outside the presence of jurors will be held. Ordinarily, a reporter or recorder is not required at the commencement of such conference.
In the event the trial judge intends to give any instructions or use any form of verdict or findings on the court's own motion, such instructions, verdicts or findings should be delivered to counsel.
The trial judge will then discuss with counsel:
(1) Whether any requested proposed instructions, verdicts or findings are patently inappropriate and will be voluntarily withdrawn;
(2) Whether there is any patent omission of instructions, verdicts or findings which are appropriate and that may be given without objection;
(3) Whether there is any other modification, namely those to which the parties will stipulate.
Counsel shall meet prior to this conference to discuss each other's jury instructions and classify them into (1), (2) and (3) above.
The foregoing unreported conference will generally result in clarification of the matters, and creation of three categories of instructions, verdicts or findings that may be withdrawn, given or modified.
Thereafter, the conference should be reported and the trial judge should confirm for the record the matters agreed upon. The trial judge should also specify those instructions, verdicts and findings forms the court proposes to give, refuse or modify, whether at the request of a party or on the court's own motion. The court will hear any objections to the foregoing and rule thereon.
The trial judge should sign each requested instruction and indicate the disposition thereof, all of which shall be thereafter filed by the clerk. If a requested instruction is withdrawn, counsel shall so indicate by writing "withdrawn" and signing or initialing such instruction.
(Rule 8.24 effective 1/1/94.)
8.25 DUTY OF COUNSEL TO MODIFY CACI INSTRUCTIONS
Before delivery of proposed CACI or other instructions to the trial judge and opposing counsel, counsel shall fill in all blanks, make all strike-outs, insertions and modifications therein which are appropriate to the case. Submission of a form which requires additions or modifications to constitute a complete and intelligible instruction shall not be deemed a request for such instruction.
(Rule 8.25 [1/1/94] title & text amended and effective 1/1/05.)
8.26 FORM OF PROPOSED JURY INSTRUCTIONS (Code Civ. Proc., §§ 607a, 609.)
All proposed jury instructions, excepting CACI instructions, shall conform to the requirements of California Rules of Court, rule 2.1055, including placing thereon the citations of authorities, indication of the party requesting the instructions and respects in which related CACI instructions have been modified. Any jury instructions requested after the conclusion of taking evidence shall be in writing. The court, in its discretion, may permit instructions to be sent into the jury room in "Booklet Format". In "Booklet Format" the text of the instruction is printed continuously on the page and may result in several instructions to the page. Such instructions may be accompanied by a Table of Contents.
(Rule 8.26 [1/1/94, 1/1/05] amended and effective 1/1/08.)
8.27 CHANGING JURY INSTRUCTIONS
If, after the jury instruction conference and at any time before giving the instructions and verdict and findings forms to the jurors, the trial judge determines to make any substantive change therein, all parties should be so advised on the record outside the hearing of jurors.
(Rule 8.27 effective 1/1/94.)
8.28 FILLING THE JURY BOX
There is no uniform method of seating prospective jurors. Counsel should inquire of the clerk before the commencement of jury selection as to the particular seating method used in that courtroom.
(Rule 8.28 effective 1/1/94.)
8.29 QUESTIONING JURY PANEL ON HARDSHIP
The trial judge should ascertain from the entire panel in the courtroom or through the Jury Commissioner whether it would be difficult or impossible for anyone to serve. This should be done as early as possible. (See, LASCR, rule 5.0).
(Rule 8.29 [1/1/94] amended and effective 7/1/05.)
8.30 STATEMENT OF THE CASE TO PROSPECTIVE JURORS
The trial judge may read to the prospective jurors a brief statement of the case.
(Rule 8.30 [1/1/94] amended and effective 7/1/05.)
8.31 VOIR DIRE EXAMINATION OF JURORS
Pursuant to Code of Civil Procedure section 222.5 and California Rules of Court, rule 3.1540, the trial judge, after initial voir dire examination of the prospective jurors, shall permit counsel to conduct voir dire.
(Rule 8.31 [1/1/94] amended and effective 1/1/08.)
8.32 CHALLENGES FOR CAUSE (Code Civ. Proc., § 227)
Upon completion of voir dire examination as to all prospective jurors in the jury box, or as to a prospective juror individually, counsel shall state whether the party passes for cause. A challenge for cause shall be made outside the hearing of the jury panel.
(Rule 8.32 effective 1/1/94.)
8.33 PEREMPTORY CHALLENGES
If there are more than two sides, the trial judge should require the side with the greater number of challenges to exercise every second challenge, i.e., alternate with each of the other sides rather than rotate the challenges from one side to a second side to a third side.
(Rule 8.33 effective 1/1/94.)
8.34 EXCUSING PROSPECTIVE JURORS
When counsel decide to exercise a peremptory challenge as to a prospective juror, a statement requesting the excusal of the particular juror should be made to the court. Counsel should not "excuse" the prospective juror.
When, upon exercise of a challenge or by stipulation, a prospective juror is excused, the trial judge should thank the prospective juror who should be requested to return to the jury assembly room.
(Rule 8.34 effective 1/1/94.)
8.35 VOIR DIRE OF REPLACEMENTS
When a prospective juror seated in the jury box or in an alternate seat is excused, the replacement juror should be asked by the trial judge:
Whether the questions asked and answers given previously have been heard and understood;and
Whether, other than with regard to personal matters such as prior jury service, area of residence, employment and family, the juror's answers would be different from the previous answers in any substantial respect.
If the replacement answers in the affirmative, the trial judge should inquire further as to those differing answers.
Upon completion of the voir dire examination of the replacement, the trial judge shall inquire whether counsel wish to conduct a supplemental examination and, if so, shall permit it in accordance with Code of Civil Procedure section 222.5 and California Rules of Court, rule 3.1540.
(Rule 8.35 [1/1/94, 7/1/05] amended and effective 1/1/08.)
8.36 SELECTING ALTERNATE JURORS
Unless counsel stipulate otherwise, after the jury is selected and sworn, if there are to be any alternates, the trial judge should direct the clerk to draw the appropriate number of names to fill the seats for the alternates, and the voir dire examination should proceed in the same manner as provided above.
(Rule 8.36 effective 1/1/94.)
8.37 ADMONITIONS TO JURORS
After the jury is sworn by the clerk to try the cause but before inviting opening statements, the trial judge should admonish the jurors, including alternates, generally, as follows:
The substance of Code of Civil Procedure section 611, including admonitions to refrain from communicating in writing or by other means about the case; to use the jury room rather than remaining in the courtroom or hallway and to avoid approaching, or conversations with, counsel, litigants, or witnesses;
That it is improper for jurors to conduct any independent investigation of the facts or the law, or to visit the scene, conduct experiments, scientific or otherwise, or to consult reference works (books, texts, periodicals, etc.) for additional information;
That if a juror has a question or communication for the trial judge (e.g., as regards time scheduling), it should be transmitted through the bailiff or court attendant;
That the jurors are to wear their juror badge throughout the day;
That the jurors are in the charge of the bailiff or court attendant as to their physical facilities and supplies;
That the jurors will be supplied with note pads and pencils and that they may take notes on the subject of the case only for their own personal use, though they may bring such notes with them into the jury room once they commence deliberations on the case; that the note pads are not to be removed from the courtroom until the case has been completed and the jury discharged;
The hours and days for sessions and recesses of the court and the need for punctuality. The jurors will be advised of the court department number and phone number;
The substance of any preinstruction of law which the trial judge determines to be appropriate; and
That, as with other statements of counsel, the opening statement is not evidence but only an outline of what counsel expect to prove.
(Rule 8.37 effective 1/1/94.)
8.38 NOTE PADS AND PENCILS
Prior to the taking of evidence, the jurors and alternates shall be furnished with note pads and pencils. The bailiff or court attendant should obtain such note pads from the jurors at the conclusion of each court day and maintain them in a secure place until the next session of court, when they are to be returned to the jurors.
(Rule 8.38 effective 1/1/94.)
8.39 MULTIPLE COUNSEL
During open court proceedings, absent unusual circumstances, only one attorney for a party shall perform any one of the following functions -- select a jury, deliver an opening statement, deliver a final argument, examine any particular witness, cross examine any particular witness, or argue an issue.
(Rule 8.39 effective 1/1/94.)
8.40 USE OF GRAPHIC DEVICES IN OPENING STATEMENTS
In opening statement to the jury by counsel, no display to the jury or reference should be made to any chart, graph, map, picture, model, video, or any other graphic device except:
(1) When marked as an exhibit and received in evidence;
(2) By stipulation of counsel; or
(3) When leave of court has first been obtained.
With prior approval of the court, counsel may use the blackboard or paper for illustrative purposes during opening statements.
(Rule 8.40 effective 1/1/94.)
8.41 ARGUMENTS TO BE OUT OF JURY'S HEARING
Although an evidentiary objection and a statement of the legal grounds therefor ordinarily may be offered within the jurors' hearing, arguments thereon should be held outside the hearing of the jurors at the side bench or, in cases of extended discussion, in chambers to the extent that the judge allows such argument.
Counsel wishing to argue any matter of law shall request the court for leave to argue outside the hearing of the jurors.
Upon such a request first being granted in a trial, the trial judge should advise the jurors in effect that matters of law are for the court rather than the jury and that discussions as to law outside the jurors' hearing are necessary and proper for counsel to request.
Such arguments by counsel, whether at the side bench or in chambers, should be reported and, ordinarily, kept brief and few.
(Rule 8.41 effective 1/1/94.)
8.42 OFFERS OF PROOF TO BE OUT OF JURY'S HEARING
Offers of proof and arguments thereon shall be made outside the hearing of jurors, reported at the side bench or, in cases of extended discussions, in chambers. Counsel wishing to make an offer of proof shall request the court for leave therefor before advancing the offer.
(Rule 8.42 effective 1/1/94.)
8.43 OFFERS TO STIPULATE TO BE OUT OF JURY'S HEARING
Offers to stipulate shall be made outside the hearing of jurors, reported at the side bench or, in cases of extended offers, in chambers. While the court is in session, counsel wishing to stipulate shall first confer with other counsel outside the hearing of the jurors. Such conference at the counsel table shall not be held without requesting and receiving leave of the court.
(Rule 8.43 effective 1/1/94.)
8.44 COURT TO ADVISE JURY OF STIPULATIONS
When a stipulation has been reached between counsel, the stipulation should be stated in its exact terms to the jury. The court should then advise the jury that any fact stipulated to is conclusively presumed to be true as to the party or parties entering into the stipulation.
(Rule 8.44 effective 1/1/94.)
8.45 REQUESTS TO ADVERSARIES TO BE OUT OF JURY'S HEARING
Requests by a party to an adversary for objects or information purportedly in the possession of the adversary should be made outside the hearing of jurors.
(Rule 8.45 effective 1/1/94.)
8.46 ANTICIPATION OF SENSITIVE AREAS OF INQUIRY
Before inquiring into evidence which may reasonably be anticipated to be inflammatory or highly prejudicial and potentially excludable pursuant to Evidence Code section 352, counsel should bring the intended area of inquiry to the attention of adversaries and the trial judge outside the hearing of the jurors.
(Rule 8.46 effective 1/1/94.)
8.47 MOTIONS
Motions for judgment on the pleadings, directed verdict and mistrial shall be made and argued outside the hearing of the jurors, but if the ruling thereon affects the issues to be tried by the jury, the trial judge, after consulting with counsel, shall advise the jurors thereon. Upon granting a motion to strike any evidence or argument to the jury, the trial judge shall admonish the jury to disregard the matter stricken.
(Rule 8.47 effective 1/1/94.)
8.48 ADVICE TO JURY AS TO COURT EXPERT
Upon appointment by the court of an expert to testify as a witness, the jury may be advised by the court of the fact of the appointment by the court.
(Rule 8.48 effective 1/1/94.)
8.49 FINAL ARGUMENTS
During final argument counsel shall not misstate the evidence and shall be as concise as the cause permits. Counsel may use a blackboard or paper or a bulletin board to write or summarize testimony, or diagram, calculate or outline chronology therefrom, unless the court for good cause limits such use. Any graphic devise received in evidence may also be used during final argument. The length of argument may be limited by the trial judge. All final arguments shall be reported in the absence of a stipulation by all counsel that reporting argument is waived.
(Rule 8.49 effective 1/1/94.)
8.50 OBJECTIONS TO FINAL ARGUMENT
Any objection to a final argument should be argued outside the jurors' hearing at the side bench. If the trial judge is uncertain as to whether there has been a misstatement of the evidence in final argument, the jurors may be advised to consult their own memories and notes.
(Rule 8.50 effective 1/1/94.)
8.51 WHEN INSTRUCTIONS TO BE READ TO THE JURY
After the trial judge has made the final determination as to the instructions to be given to the jury, consideration should be given to the following alternative procedures:
The instructions may be read to the jury after the conclusion of final arguments by counsel;
The instructions, except the concluding instructions, if any, may be read to the jury before final arguments by counsel.
The instructions in the categories of introductory instructions, those relating to terminology, and those relating to burden of proof, evaluation of evidence, depositions, interrogatories, admissions, stipulations, and expert testimony can be read at the outset of the trial, before the introduction of evidence, with the remaining instructions given during appropriate times during the presentation of evidence, as the specific circumstances justify.
(Rule 8.51 [1/1/94, 1/1/05] amended and effective 7/1/05.)
8.52 USE OF JURY INSTRUCTIONS IN JURY ROOM
The trial judge may determine whether the jury, upon retiring to deliberate, take with them a copy of the written jury instructions. If this procedure is used, care must be taken to remove the title, citation of authority, if any, and identity of the party requesting the instruction. Care must also be taken to assure that stricken portions are totally obliterated and any handwritten additions are completely legible.
It is the responsibility of counsel to supply the court with any special instructions in printed form in such form as to facilitate compliance with the "sanitizing" process.
(Rule 8.52 [1/1/94, 1/1/05] amended and effective 7/1/05.)
8.53 WHEN JURORS UNABLE TO AGREE
If, after deliberating for a substantial time, the jurors are unable to reach a verdict, the trial judge should, in order to ascertain whether continued deliberation should be ordered, inquire of the foreperson in open court as to whether in the foreperson's opinion further deliberations might reasonably be expected to result in reaching a verdict. If the answer is in the negative, the trial judge should make the same inquiry of each juror and also may inquire of the foreperson as to the numerical division, although not as to which side the greater number favors.
(Rule 8.53 effective 1/1/94.)
8.54 ADMONITION UPON SEPARATION OF JURORS
In the absence of a stipulation waiving the necessity therefor, at the conclusion of each court day during the trial or jury deliberations and whenever the jury is permitted to separate overnight, the trial judge shall admonish the jury in accordance with Code of Civil Procedure section 611. After the cause has been submitted to the jury, the trial judge should also admonish them that they should converse among themselves about the case only in the jury room and only after the entire jury has assembled therein.
(Rule 8.54 effective 1/1/94.)
8.55 QUESTIONS BY JURORS
If the jury has a question regarding the case, the trial judge should instruct the foreperson to write the question and submit it to the court through the bailiff, court attendant or clerk. Upon receipt of the question, the trial judge should review it with counsel outside the presence of the jury, and discuss with them an appropriate answer to be given the jury. Such conference should be reported on the record. The answer to the question should be stated to the jury in open court or written on the question form and returned to the jury and the written question should be made part of the record in the absence of a stipulation to the contrary.
(Rule 8.55 [1/1/94] amended and effective 7/1/05.)
8.56 RECEIVING VERDICTS AND POLLING JURY
Upon advice from the jury foreperson that a verdict has been reached, the trial judge should direct the foreperson to hand all verdict forms (signed and unsigned) to the bailiff or court attendant for delivery to the judge, who should thereupon examine them. If the verdict or verdicts appear correct and complete to the trial judge, they should be handed to the clerk to be read into the record. If the verdict or verdicts are incorrect or incomplete, the trial judge should call counsel to the side bench to review the form or forms with counsel and to discuss with them any inquiries to be directed to the foreperson and the possible return of the verdict form or forms to the foreperson with instructions concerning clarification, completion or revision. If the form or forms are returned to theforeperson, the jury ordinarily should be sent back to the jury room to complete, clarify or revise them.
Upon the return of a general or special verdict or special findings, upon the request of any party, the jury should be polled thereon.
Polling should be conducted at the direction of the trial judge by the clerk or by the trial judge. In the event of a general verdict without special findings each juror separately should be asked: "Is the verdict as read your personal verdict?"
In the event of a general verdict with special findings, or in the event of a special verdict, each juror separately should be asked as to each response contained therein: "Is the response to that question (or issue) your personal response?"
(Rule 8.56 effective 1/1/94.)
8.57 DISCHARGE OF JURY
In discharging the jury, the trial judge should:
(1) thank the jury for their service;
(2) abstain from commenting as to the judge's view of the propriety of any verdict or findings or failure to reach same;
(3) advise the jurors that they may, but need not, speak with anyone about the case; and
(4) specify where and when any jurors are to return for further service.
(Rule 8.57 effective 1/1/94.)
8.58 DOCUMENTS PRODUCED THROUGH A NONPARTY
If a party proposes to obtain documents in the custody of a nonparty, as by a subpoena duces tecum, and such documents may be produced by certification or otherwise in lieu of personal appearance by a witness custodian, the request for such documents should specify that they be delivered not later than the first day for which the trial is calendared.
(Rule 8.58 effective 1/1/94.)
8.59 LARGE, DANGEROUS AND BULKY EXHIBITS
Counsel shall obtain court permission prior to bringing large, dangerous and bulky exhibits into the courtroom, and should otherwise substitute therefor by photograph, technical report or dummy object, those proposed exhibits which are:
(1)inherently dangerous, i.e., highly explosive, corrosive or flammable (such as TNT, sulfuric acid, gasoline); or
(2)large and cumbersome (such as a ladder, sewer pipe, automobile chassis).
If counsel for a party believes that such exhibits should be brought into the courtroom without substitution, a prior request concerning the subject shall be made to the trial judge outside of hearing of the jury. At the end of the trial, the court may requirelarge, dangerous and bulky exhibits be returned to the side who offered the exhibits in evidence.
(Rule 8.59 effective 1/1/94.)
8.60 MARKING OF EXHIBITS
All exhibits should be exchanged and prenumbered in accordance with LASCR, rule 7.9(h), except for those anticipated in good faith to be used for impeachment. All exhibits must be prenumbered before any reference thereto by counsel or a witness.
(Rule 8.60 [1/1/94] amended and effective 7/1/05.)
8.61 MARKING OF EXHIBITS FIRST DISCLOSED DURING TRIAL When an exhibit is first disclosed during the course of trial, as an exception to LASCR, rule 7.9(h) the proponent should informally mark it for identification before referring thereto or showing it to adversaries. To avoid disruption and delay the exhibit should be presented to the clerk for formal marking after the evidence regarding it is taken.
(Rule 8.61 [1/1/94] amended and effective 7/1/04.)
8.62 UNIFORM METHOD OF MARKING EXHIBITS
The most efficient method of marking exhibits is by the use of arabic numerals. Each party shall be allocated a block of numbers, to be thereafter used sequentially. For instance, plaintiff may be allocated numbers 1 to 200, the first defendant numbers 201 to 400, and the second defendant numbers 401 to 600.
Wherever possible, documentary exhibits consisting of more than one page should be internally paginated in sequential numerical order to facilitate reference to the document during interrogation of witnesses.
(Rule 8.62 effective 1/1/94.)
8.63 ORAL IDENTIFICATION OF EXHIBITS AT FIRST REFERENCE
Upon the first reference to an exhibit, the proponent shall briefly identify it, but not describe its contents.
(Rule 8.63 effective 1/1/94.)
8.64 EXHIBITS TO HAVE BEEN SHOWN TO ADVERSARIES BEFORE FIRST REFERENCE Before the first reference to any exhibit, the proponent shall show it to the adversaries for review. (See also, LASCR, rule 7.9(h).)
(Rule 8.64 [1/1/94] amended and effective 7/1/04.)
8.65 WHEN EXHIBITS OFFERED
Unless the trial judge otherwise directs, when the evidentiary foundation for an exhibit has been established it should be offered into evidence, rather than accumulating exhibits for an offer at the conclusion of the party's case.
(Rule 8.65 effective 1/1/94.)
8.66 WHEN EXHIBITS TO BE GIVEN TO JURORS
Exhibits admitted into evidence which are subject to cursory examination, such as photographs and some other demonstrative evidence, should be handed through the bailiff or court attendant to jurors in the jury box only after leave therefor is obtained from the trial judge.
Other exhibits admitted into evidence, such as writings which are not subject to cursory examination, should not be handed to jurors until they retire to the jury room upon the cause being submitted to them. In the event a party contends that an exhibit not subject to cursory examination is critical and should be handed to jurors in the jury box during the course of the trial, leave therefor should be requested from the trial judge. Such party should be prepared to furnish sufficient copies of the exhibit, if reasonably practicable, for all jurors and alternates in the event such leave is granted; and upon concluding their examination thereof, the jurors and alternates should return such copies to the bailiff or court attendant. In lieu of, and in preference to, furnishing such copies for the jurors, if reasonably practicable, enlargements or projections of such exhibits should be utilized.
(Rule 8.66 effective 1/1/94.)
8.67 EXHIBITS NOT TO BE PLACED IN JURORS' HANDS
Within the discretion of the court, exhibits admitted into evidence are sent to the jury room upon submission to the jury of the cause. However, an exhibit should not be sent or placed in the jurors' hands if:
(1) It is inherently dangerous or creates a health or safety hazard;
(2) It cannot be readily understood by persons without expertise, e.g., an X-ray;
(3) It is inflammatory or its prejudicial effect outweighs its probative value, e.g., a bloody shirt; or
(4) It includes, as an integral part thereof which cannot be readily deleted, matter which is inadmissible or within subdivisions (1), (2) or (3) hereinabove.
(Rule 8.67 [1/1/94] amended and effective 7/1/05.)
8.68 EXHIBITS ADMITTED IN PART
If an exhibit admitted into evidence contains some inadmissible matter, e.g., a reference to insurance, excluded hearsay, opinion or other evidence lacking foundation, the trial judge, outside the hearing of the jury, should specify the excluded matter and withhold delivery of such exhibit to the jurors unless and until the inadmissible matter is deleted.
Such deletion, if reasonably practicable, may be accomplished by photocopying or other copying device which deletes the inadmissible portions; and in such event the proponent of such exhibit should prepare and furnish the copy.
If deletion by such copying is not accomplished, the parties should seek to reach a stipulation as to other means therefor; and failing so to do, the admissible matter may be read into evidence with leave of the trial judge.
(Rule 8.68 effective 1/1/94.)
8.69 EVIDENCE ADMITTED FOR A LIMITED PURPOSE
When evidence is received for a limited purpose or as against less than all parties, the trial judge should so instruct the jury at the time of the admission thereof.
(Rule 8.69 effective 1/1/94.)
8.70 USE OF DEPOSITIONS, INTERROGATORIES AND REQUESTS FOR ADMISSION Prior to reading into evidence any portion of any depositions, interrogatories or requests for admissions, or showing any video deposition, counsel shall obtain leave of court to do so and shall then advise the court and opposing counsel as to the pages and lines of the deposition or the numbers of the interrogatories or requests for admission to be read. Prior to such reading, opposing counsel shall be given a reasonable opportunity to read the same and interpose any objections thereto.
If there are multiple interrogatories a party intending to read some of them into evidence should make extracts of the pertinent portions of questions and answers before such reading and furnish sufficient copies thereof for adversaries and the court.
Such extracts should be prepared in a form so that the question answered immediately precedes the answer and the date or other description of the particular set of interrogatories appear on the extract. The same procedure shall apply to requests for admissions and responses thereto.
(Rule 8.70 effective 1/1/94.)
8.71 SIGNING, CERTIFICATION AND LODGING OF DEPOSITIONS
Unless the signing of a deposition is waived, or certification by the officer before whom the deposition has been taken is obtained pursuant to Code of Civil Procedure section 2025(q) and (r), all depositions shall be signed and lodged with the clerk of the trial court before the commencement of trial. (Amended and effective 7/1/94.)
(Rule 8.71 [1/1/94] amended and effective 7/1/94.)
8.72 LIST OF CHANGES IN DEPOSITION
If any changes are made in a deposition by the deponent after the taking of the deposition, the attorney for a party deponent or in the case of a non-party deponent, the attorney who requested the taking of the deposition, shall prepare and submit to all other counsel in the case a list of such changes, including the page and line numbers thereof.
(Rule 8.72 effective 1/1/94.)
8.73 RETURN OF EXHIBITS
Immediately upon conclusion of the examination of a witness regarding an exhibit shown to the witness, counsel shall return it to a place designated by the trial judge.
(Rule 8.73 effective 1/1/94.)
8.74 GRAPHIC DEVICES USED IN ARGUMENT
A graphic device, such as a chart, summary or model, which is not in evidence and
is to be used for illustration only in argument shall be shown to adversaries before commencement of the argument. Upon request by an adversary, it shall remain available for reference and be marked for identification.
(Rule 8.74 effective 1/1/94.)
8.75 MAPS, PLANS AND DIAGRAMS
Any map, plan or diagram offered in evidence should clearly show thereon whether or not it has been prepared to scale, and if so, what scale was used.
(Rule 8.75 effective 1/1/94.)
8.76 OBJECTIONS TO BE SUCCINCTLY STATED
Unless invited by the court to argue, counsel offering an objection shall only state the specific legal grounds for the objection. Objections and statements of specific legal grounds, without argument, need not be made outside the hearing of the jury.
(Rule 8.76 effective 1/1/94.)
8.77 RESPONSE TO OBJECTIONS AND ARGUMENTS THEREON
Arguments, if any, in opposition to or in support of objections should be brief. In a jury trial, such arguments should be held at the side bench or in chambers, reported but outside the hearing of jurors.
(Rule 8.77 effective 1/1/94.)
8.78 ADMONITION TO WITNESSES
Before taking the stand, a witness called by counsel should be admonished by such counsel to be responsive to the questions and to wait in answering until a question is completed and a ruling made on any objection.
Counsel should not admonish a witness while on the stand as to the manner of answering questions but may request the court to admonish the witness.
(Rule 8.78 effective 1/1/94.)
8.79 QUESTIONS NOT BE INTERRUPTED
An incomplete question ordinarily should not be interrupted by objection unless then patently objectionable.
(Rule 8.79 effective 1/1/94.)
8.80 EFFECT OF ASKING ANOTHER QUESTION
An examiner should not repeat the witness' answer to the prior question before asking another question.
An examiner should wait until the witness has completed the answer before asking another question.
If a question is asked before the preceding question by the same examiner is answered or any objection thereto is ruled upon, it shall be deemed a withdrawal of the earlier question even without an express withdrawal by the examiner.
(Rule 8.80 effective 1/1/94.)
8.81 EXCHANGE OF INFORMATION AS TO FUTURE SCHEDULING
In order to facilitate efficient scheduling of future witnesses and court time, all parties should communicate with one another and exchange good faith estimates as to the length of witness examination together with any other information pertinent to trial scheduling.
(Rule 8.81 effective 1/1/94.)
8.82 "ON-CALL" WITNESSES
It is the responsibility of the party who is the proponent of an "on-call" witness to have the witness present in court when needed.
(Rule 8.82 effective 1/1/94.)
8.83 COMPLETION OF WITNESS' TESTIMONY
The testimony of a witness should be completed before taking of other evidence except by leave of court. When the testimony of a witness is concluded, the witness should be excused by the court, except upon good cause shown to the court, in which case the trialjudge may excuse the witness subject to being recalled upon reasonable notice to be given the witness by the party desiring to recall the witness.
(Rule 8.83 effective 1/1/94.)
8.84 EXCLUDING WITNESSES
Upon motion by any party, the trial judge may exclude witnesses from the courtroom while other proceedings are taking place.
(Rule 8.84 effective 1/1/94.)
8.85 WRITTEN HYPOTHETICAL QUESTIONS
A party calling an expert witness and proposing to ask a hypothetical question need not prepare and submit in advance a written statement of such question, unless the court otherwise directs.
(Rule 8.85 effective 1/1/94.)
8.86 CONSULTATION WITH WITNESS ON THE STAND
No consultations between a witness while on the stand and counsel shall be permitted without prior permission of the court pursuant to a request made on the record.
(Rule 8.86 effective 1/1/94.)
8.87 ISSUANCE OF WARRANTS
A warrant for arrest or body attachment for failure of a witness to appear in court should not be released for service unless it is shown by the applicant party, in a hearing outside the presence of jurors, that (1) service of the process compelling attendance was made at a time providing the witness with reasonable notice and opportunity to respond thereto, and (2) no reasonable excuse exists for the failure to attend or, if the reason for the failure to attend is unknown to the applicant party, due diligence was used in attempting to communicate with such witness in order to ascertain the reason for the failure to attend.
(Rule 8.87 effective 1/1/94.)
8.88 QUESTIONING BY JUDGE
The trial judge ordinarily should not examine a witness until the parties have completed their questioning of such witness. If a witness is referring to graphic evidence (e.g., pointing to "here" and "there" on a map) the trial judge should make such inquiries and give such direction that the record is complete and intelligible as to the points of reference. When the judge completes such questions, all parties should have the opportunity to examine upon the matters touched upon by the judge.
(Rule 8.88 effective 1/1/94.)
8.89 EXCLUSION OF EVIDENCE ON COURT'S OWN MOTION
The court on its own motion should exclude irrelevant evidence as well as evidence excludable on the grounds set forth in Evidence Code section 352. Ordinarily, the court should not act on its own motion to exclude evidence which may be inadmissable on other grounds.
(Rule 8.89 effective 1/1/94.)
8.90 ADVICE BY COURT AS TO SELF-INCRIMINATION
Whenever there is a likelihood of self-incrimination by a witness not represented by counsel present in court, the trial judge should advise the witness, outside the hearing of jurors, of the privilege against self-incrimination.
(Rule 8.90 effective 1/1/94.)
8.91 POLICY AGAINST INDICATION AS TO TESTIMONY
Persons in the courtroom, including the parties and counsel, shall not indicate, by facial expression, shaking of the head, gesturing, shouts or other conduct, disagreement with or approval of testimony or other evidence being given. Counsel shall so instruct parties they represent, witnesses they call and any persons accompanying them.
(Rule 8.91 effective 1/1/94.)
8.92 MOTIONS IN LIMINE
(a) Motions made for the purpose of precluding the mention or display of inadmissible and prejudicial matter in the presence of the jury shall be accompanied by a declaration that includes the following:
(1) A clear identification of the specific matter alleged to be inadmissible and prejudicial;
(2) A representation to the court that the subject of the motion has been discussed with opposing counsel, and that opposing counsel has either indicated that such matter will be mentioned or displayed in the presence of the jury before it is admitted in evidence or that counsel has refused to stipulate that such matter will not be mentioned or displayed in the presence of the jury unless and until it is admitted in evidence;
(3) A statement of the specific prejudice that will be suffered by the moving party if the motion is not granted;
(4) If the motion seeks to make binding an answer given in response to discovery, the declaration must set forth the question and the answer and state why the use of the answer for impeachment will not adequately protect the moving party against prejudice in the event that evidence inconsistent with the answer is offered.
(b) A motion in limine shall not be used for the purpose of seeking summary judgment or the summary adjudication of an issue or issues. Such motions may only be made in compliance with Code of Civil Procedure section 437c and court rules pertaining thereto.
(c) A motion in limine shall not be used for the purpose of seeking an order to try an issue before the trial of another issue or issues. Such motions may only be made in compliance with Code of Civil Procedure section 598.
(d) The court may defer ruling upon a motion in limine, and may order that no mention or display of the matter that is the subject of the motion is to be made in the presence of the jury unless and until the court orders otherwise. If the court so orders, or if the motion is granted, it is the duty of counsel to instruct associates, clients, witnesses, and other persons under their control, that no mention or display be made in presence of the jury of the matter that is the subject of the motion.
(Rule 8.92(d) [originally (e)1/1/94] renumbered and effective July 1, 2000.)
(Rule 8.92 [1/1/94, original text REPEALED & new in its entirety 3/1/96]
REPEALED in part, renumbered and effective July 1, 2000.)
8.93 MOTIONS FOR A VIEW TO BE TAKEN
Any contemplated motion for a view to be taken shall be disclosed to the trial judge and adversaries at the trial conference (see, LASCR, rule 8.20) or as soon thereafter as such motion is contemplated.
(Rule 8.93 effective 1/1/94.)
8.94 MOTIONS FOR NEW TRIAL AND FOR JUDGMENT N.O.V.
Where any motion for new trial or for judgment notwithstanding the verdict is made, any response thereto shall be in writing and served upon all other parties to the action and filed in the courtroom in which the motion is calendared no later than the time for filing counter-affidavits specified in Code of Civil Procedure section 659a.
(Rule 8.94 effective 1/1/94.)
8.95 SPECIAL VERDICT AND FINDINGS FORMS
If a party requests a special verdict or special findings, the proposed form thereof should be prepared and submitted to the trial judge and served upon adversaries, pursuant to California Rules of Court, rule 3.1580, prior to the jury instruction conference. Upon the jury's retiring to deliberate, the verdict forms which the trial judge has determined to be appropriate should be sent to the jury room for use by the jurors.
(Rule 8.95 [1/1/94, 7/1/98] amended and effective 1/1/08.)
8.96 FORM OF JUDGMENT (See Chapter 3)
In drafting forms of judgment for the trial judge to sign, counsel shall clearly show the full names of the parties for whom, and against whom, the judgment is rendered, including their capacities as plaintiffs, defendants, cross-complainants and cross-defendants.
(Rule 8.96 [1/1/94] REPEALED in part, and effective 7/1/98.)
SMALL CLAIMS
8.97 (RESERVED)
(Rule 8.97 TIMELY DISPOSITION STANDARDS
[as Municipal Court Rule 6.0 effective 10/01/98, transferred from
Uniform Rules of the Municipal Courts of Los Angeles County, adopted 11/01/00.]
REPEALED 7/1/05.)
8.98 FAILURE TO APPEAR
In small claims court cases:
(a) Plaintiff. If the plaintiff fails to appear, the case (1) may be dismissed, or (2) judgment for defendant may be entered after evidence is presented. The defendant should be advised that the plaintiff may file a motion to vacate the judgment.
(b) Defendant. If a defendant who has filed an answer fails to appear, judgment may be awarded to plaintiff, after evidence is submitted.
(c) Both parties fail to appear. If both parties fail to appear on the date set for trial, the case shall be dismissed without prejudice.
(Rule 8.98 [as Municipal Court Rule 6.3 effective 10/01/98] transferred from Uniform Rules of the Municipal Courts of Los Angeles County, adopted and effective 11/01/00.)
8.99 TRIAL
In small claims court cases:
(a) The parties shall exchange exhibits.
(b) The parties shall inform the clerk before trial of any special challenges to be made, such as venue.
(c) Any party needing an interpreter shall be responsible for obtaining the services of an interpreter.
(Rule 8.99 [as Municipal Court Rule 6.4 effective 10/01/98] transferred from Uniform Rules of the Municipal Courts of Los Angeles County, adopted and effective 11/01/00.)
UNLAWFUL DETAINER LIMITED CIVIL CASES
8.100 (RESERVED)
(Rule 8.100 [as Municipal Court Rule 5.0 effective 10/01/98] transferred from Uniform Rules of the Municipal Courts of Los Angeles County,
as TIMELY DISPOSITION STANDARDS 11/01/00, REPEALED 7/1/04.)
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