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GENERAL
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 1/1/08.)
(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 1/1/08.)
9.1 EVIDENCE AT HEARING
(a) Reference California Rules of Court, rule 3.1306.
(Rule 9.1(a) [1/1/94] amended and effective 1/1/08.)
(b) Oral Testimony. Without court permission, oral testimony is not allowed. If counsel believes a particular case justifies oral testimony, the statement required by California Rules of Court, rule 3.1306, must include an explanation as to why the evidence cannot be presented by declaration or affidavit.
(Rule 9.1(b) [1/1/94] amended and effective 1/1/08.)
(Rule 9.1 [as Rule 9.14 1/1/94, renumbered 7/1/2000] amended and effective 1/1/08.)
9.2 JUDICIAL NOTICE
(a) Reference California Rules of Court, rule 3,1306.
(Rule 9.2(a) [1/1/94] amended and effective 1/1/08.)
(b) LASC Files. If the matter to be noticed is contained in a file of the District of the Los Angeles Superior Court in which the motion is to be heard, the party must, at least five days prior to the hearing, by separate document containing the case name and number, filed directly in the department wherein the matter is noticed, request the clerk to order delivery of the file for the hearing. The file must be received by the Department in which the matter is heard at least two court days before the hearing so that it is available to the judge when he or she is preparing for the hearing. It is also good practice to provide the court with a copy of the material to be noticed, on the possibility that the file cannot be located in time for the hearing.
(c) Files From Other Court. If the matter to be judicially noticed is contained in a file of any other court or of another District of the Los Angeles Superior Court, such file must be obtained for the date of the hearing, or a certified copy of the record of so much thereof as the party wants judicially noticed shall accompany the moving papers. If the file is located within the Los Angeles County Superior Court system, counsel shall notify in writing the court clerk in the department where it is needed 5 days in advance of the date of hearing or motion and request the clerk to order the file.
(Rule 9.2 [as 9.16 1/1/94, renumbered 7/1/2000] amended and effective 1/1/08.)
9.3 REFERENCES (Code Civ. Proc., § 638 et seq.; Cal. Rules of Court, rules 3.900, 3.920)
(a) Availability of Referee. The availability of a proposed Referee and his or her charges and required terms of payment should be determined by counsel jointly prior to the order of reference.
(b) Judgment. If by stipulation the referee has heard the entire case, the prevailing party shall file a noticed motion requesting the court to issue judgment consistent with the report of the referee. (Code Civ. Proc., § 644.) For pretrial matters, the common practice is for the referee to include in the report a place for the Judge to enter an order if the Judge accepts the report. If the referee's report is rejected, the court will direct the preparation of a new order or prepare one itself.
(Rule 9.3 [as 9.28 1/1/94, 7/1/95, 7//1/98,
REPEALED in part & renumbered 7/1/2000] title, amended & effective 1/1/08.)
9.4 ASSIGNED DEPARTMENTS
(a) Assignments For All Purposes. Matters assigned to Department 85 or Department 86 for all purposes pursuant to Rule 2.5(j)(1) will be assigned by the clerk at the time of filing, using a random system to insure that no party or person can control or determine in advance to which department a case is assigned.
(Rule 9.4(a) [as Rule 9.30(a) 1/1/94, amended 7/1/98, rule renumbered 7/1/2000]
title Departments 85 and 86, Central District REPEALED, old text REPEALED, new title & text added and effective 1/1/08.)
(b) Assignment For Limited Purpose. Matters assigned for all purposes to an unlimited civil trial department, in which certain procedures are to be heard in Department 85 or 86 pursuant to Rule 2.5(j)(2), will be heard in Department 85, if the case number is odd, and in Department 86, if the case number is even.
(Rule 9.4(b) [As Rule 9.30(c) added 7/1/98, rule renumbered 7/1/2000]
title Department 59 and 66, Central District REPEALED, old text REPEALED,
new title & text added and effective 1/1/08.)
(c) Rents And Profits Receiverships. Matters assigned to Department 59 or Department 66 pursuant to Rule 2.5(j)(3), will be heard in Department 59, if the case number is odd, and in Department 66, if the case number is even.
(Rule 9.4(c) new title & text added 1/1/08.)
(d) Days And Times Of Hearings In Department 85 And Department 86. Noticed motions and other noticed proceedings are heard on odd-numbered days in Department 85 and on even-numbered days in Department 86 at 9:30 a.m. Ex parte matters are heard daily in both departments at 8:30 a.m.
(Rule 9.4(d) new title & text added and effective 1/1/08.)
(e) Days And Times Of Hearings In Department 59 And Department 66. Noticed motions and other noticed proceedings regarding rents and profits receiverships are heard daily in Department 59 at 10:00 a.m. and on even-numbered days in Department 66 at 9:30 a.m. Ex parte matters are heard in both departments daily at 8:30 a.m.
(Rule 9.4(e) new title & text added and effective 1/1/08.)
(f) Districts Other Than Central District. For matters heard in districts other than the Central District, counsel should consult with the office of the Supervising Judge of the district for the assigned departments and times of hearings.
(Rule 9.4(f) [originally, as Rule 9.30(c) added 7/1/98, rule renumbered as 9.4(c) 7/1/2000]
renumbered as (f), old text REPEALED, new text added and effective 1/1/08.)
(Rule 9.4 [as Rule 9.30 1/1/94, 7/1/97, 7/1/98, renumbered 7/1/2000]
old title and text REPEALED, new title & text added and effective 1/1/08.)
9.5 PREROGATIVE WRITS
(a) Service of Petition. Code of Civil Procedure section 1107 requires service of the verified petition before it is filed, and also requires that the application for a writ be accompanied by proof of service of a copy of the application upon the respondent and the real party in interest. The petition may be filed without a proof of service, but no action can be taken on the petition unless there is compliance with the service provisions of Code of Civil Procedure sections 1107 and 1088.5 and (e) below.
(b) Manner of Service. A petition must be served in the same manner as summons and complaint.
(c) Persons to be Served. Where the respondent or real party in interest is a board or commission, service must be made upon the presiding officer, or upon the secretary, or upon a majority of the members of such board or commission.
(d) Orders to Show Cause and Motions.
(1) Motions. The hearing on a petition is the trial of the case. It may be set by noticed motion in the manner generally governing motions. Absent a need to appear ex parte for a stay or other temporary order, use of the motion procedure is preferred.
(2) Order to Show Cause. The hearing on a petition may be set by order to show cause but this is rarely done.
(e) Alternative Writs.
(1) Prior Service of Application. Absent a showing of good cause or waiver by the responding party, an alternative writ will not issue unless the application is served at least five days before the ex parte hearing.
(2) Briefing Schedule and Hearing Date. Issuance of the alternative writ places the matter on the Court's calendar for hearing; it does not, in and of itself, accomplish a stay or afford any affirmative relief. It may issue without notice but not without compliance with proper ex parte notification. If issued, it must be served in the
same manner as a summons in a civil action unless the court
orders otherwise. (See, Code Civ. Proc., § 1073.) A briefing
schedule will be set by the Court at the time the
alternative writ is issued.
(f) Pleadings. The Rules of practice governing civil actions are generally applicable. The respondent may file a demurrer, motion to strike or answer, or otherwise appear. A writ of mandate cannot, however, be granted by default; the case must be heard by the Court whether the adverse party appears. (Code Civ. Proc., § 1088.)
(Rule 9.5(f) Stay Pending Hearing REPEALED; (g) Pleadings renumbered as (f) 1/1/2003.)
(g) Evidence. In administrative mandate proceedings (Code Civ. Proc., § 1094.5) the evidence before the court is confined to the administrative record, unless the exception in subdivision (e) of Section 1094.5 applies and a declaration establishes the application of the exception. In other kinds of writ proceedings, evidence is presented by way of declarations, deposition testimony, etc., and not by oral testimony unless the court, in its discretion, permits it. Setting the writ for hearing before the record is prepared or before the evidence is gathered serves only to unnecessarily clog the court's calendar since the hearing must be continued if the record is not available or the evidence otherwise is incomplete.
(Rule 9.5(g) renumbered from (h) 1/1/2003.)
(h) Scope of Review. The scope of the court's review (i.e., "substantial evidence" vs. "independent judgment") depends upon the nature of the relief sought and a variety of other factors. The parties must state their position on this issue in the memoranda filed in support of and in opposition of the issuance of the writ.
(Rule 9.5(h) renumbered from (i) 1/1/2003.)
(Rule 9.5 [as Rule 9.31 1/1/94] amended, renumbered and effective 1/1/2003.)
9.6 INJUNCTIONS
(a) Preliminary Injunctions.
(1) Demurrers While Application Pending. Demurrers to a complaint or cross-complaint which are filed before the hearing of the OSC or motion for preliminary injunction are heard by the judge who will hear the preliminary injunction.
(Rule 9.6 [as Rule 9.32 1/1/94, 7/1/98] REPEALED in part, renumbered and effective July 1, 2000.)
9.7 CONTEMPT
A direct contempt (one committed in the immediate view and presence of the judge in court or in chambers) is handled by the judge before whom the contempt occurs. Indirect contempts are either heard in the department to which the case is assigned or may be transferred by that court to the Writs and Receivers Department if it is a Central District case or to the Supervising Judge if it is filed in another district. (See, LASCR, Rule 2.5(i).)
(a) Order to Show Cause. Although Code of Civil Procedure section 1212 permits the court to issue a warrant of attachment to bring the person charged with contempt to answer, the standard procedure is the alternative method provided in Code of Civil Procedure section 1212, the issuance of an order to show cause. An OSC re Contempt may issue upon ex parte application but will not issue unless the party requesting its issuance has complied with the notification requirements of California Rules of Court, rule 3.1200 et seq. Only if the respondent is duly served with the order to show cause and fails to appear will a body attachment issue. The order to show cause will issue if the affidavit is sufficient, and the OSC must then be personally served on the respondent.
(Rule 7.2(a) [As (b) 1/1/94, as (a) 7/1/2000] amended and effective 1/1/08.)
(b) Trial. The hearing on the OSC re contempt is in the nature of a trial, and the proceedings are quasi-criminal in nature. The respondent has the right to remain silent, to confront witnesses, to be proved guilty beyond a reasonable doubt, etc., and the only major difference between contempt and a criminal trial is that there is no right to a jury. The moving party must appear for the trial with his witnesses unless the respondent has stipulated in writing to accept the moving party's declarations as his or her case in chief. It is common for the parties to stipulate that the initiating affidavits be accepted as the declarants' direct testimony, with the witnesses produced for cross-examination.
(c) Punishment. If the court finds the respondent guilty of the contempt(s) charged, a fine may be imposed of up to $1,000.00, or the respondent may be imprisoned for up to five days, or both, for each act of contempt. (Code Civ. Proc., § 1218.) When the contempt consists of the omission to perform an act which is yet in the power of the person to perform, he or she may be imprisoned until the act is performed. (Code Civ. Proc., § 1219.)
(Rule 9.7 [as Rule 9.33 1/1/94] REPEALED in part, renumbered 7/1/2000] amended and effective 1/1/08.)
9.8 APPLICATION FOR RELIEF FROM CLAIM FILING REQUIREMENTS
If the underlying case is assigned as an I/C case, the petition shall then be heard by the I/C Judge.
(Rule 9.8 [as Rule 9.34 1/1/94, 7/1/98, renumbered & REPEALED in part 7/1/2000,
subdivisions (b) Hearing, (c) Burden of Proof, (d) Liberal Construction, and (e) Effect of Grant
REPEALED 1/1/2003] marker and title of subdivision (a) Petition and Service - REPEALED
text - amended and effective 7/1/03.)
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 1/1/08.)
(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 1/1/08.)
(Rule 9.9 [as Rule 9.41 1/1/94, 7/1/00] subdivision (a) title added, subdivision (b) new and effective 1/1/08.)
DEFAULT JUDGMENTS
9.10 REQUEST TO ENTER DEFAULT
(a) Failure to Answer. Requests to enter default for failure to timely file an answer should initially be directed to the clerk. Requests to enter default may be directed to the I/C Judge or Supervising Judge whichever is appropriate if rejected by the clerk and if defects cannot be cured to the clerk's satisfaction.
(b) Other Defaults. Requests to enter default for failure to make discovery, failure to comply with court order or other grounds of default should be directed to the I/C Judge or Supervising Judge, whichever is appropriate.
(Rule 9.10 [as Rule 9.42 1/1/94, 7/1/98, renumbered 7/1/2000]
(c) Certificates of Military Service REPEALED and effective 1/1/2003.)
9.11 PROCEDURES FOR OBTAINING DEFAULT JUDGMENT
(a) Submission on Declarations Preferred. Determination of applications for default judgment on declarations pursuant to Code of Civil Procedure section 585(d) is the preferred procedure. Declarations must comply with Code of Civil Procedure section 2015.5.
(b) Oral Prove-up Hearings (e.g., Quiet Title Actions). Oral prove-up hearings will normally be scheduled only if the court orders a prove-up hearing and in quiet title actions.
(Rule 9.11 [as Rule 9.43 1/1/94] renumbered and effective July 1, 2000.)
9.12 SUBMISSION ON DECLARATIONS; DOCUMENTS TO BE PRESENTED
When submitting a matter for default judgment on declarations, the parties must comply with California Rules of Court, rule 3.1800.
(Rule 9.12 [as Rule 9.44 1/1/94, 7/1/94, 7/1/98, 1/1/99, as Rule 9.12 7/1/2000, 11/1/00] amended and effective 1/1/08.)
9.13 WRITTEN OBLIGATIONS TO PAY MONEY
Applications for default judgment on a written obligation to pay money should be accompanied by the original writing for cancellation pursuant to California Rules of Court, rule 3.1806.
(Rule 9.13 [as Rule 9.45 1/1/94, renumbered 7/1/2000] amended and effective 1/1/08.)
9.14 INTEREST
If interest is requested in excess of the usury limitations of California Constitution Article XV, Section 1, proof must be presented of plaintiff's exemption from the usury limitations unless an exemption has been pleaded in the complaint and admitted by the entry of default.
(Rule 9.14 [as Rule 9.46 1/1/94] renumbered and effective July 1, 2000.)
9.15 ATTORNEY'S FEES
(a) See LASCR, Rule 3.2.
(b) Deed of Trust or Mortgage. When a mortgage or deed of trust providing for recovery of a reasonable attorney's fee is foreclosed, the applicable fee from the standard schedule shall be increased by ten percent.
(c) Assessment or Bond. When the lien of a public assessment or bond is foreclosed, the applicable fee from the standard schedule shall apply except that the minimum shall be $75.00 for the first assessment or bond being foreclosed and $20.00 additional shall be added for each additional bond or assessment.
(d) Extraordinary Services. Any application for a fee in addition to that derived from the standard schedule should be accompanied by an itemized statement of the services rendered.
(e) Services Benefiting a Minor. No attorney's fees for services rendered on behalf of a minor shall be allowed, and no contract for such services shall be approved, except upon application in open court after notice to the minor's guardian and each of the minor's parents and, if the minor is over the age of 14 years, to the minor also. The notice shall state the character and extent of the services of the attorney and any expenses incurred in connection with such services. The notice shall further state that objection may be made at the time of application.
(f) Contractual Provision. When the basis for a claim of attorney's fees is a contractual provision, the precise clause providing for fees should be cited.
(Rule 9.15 [as Rule 9.47 1/1/94, 7/1/94] renumbered and effective July 1, 2000.)
9.16 SERVICE BY PUBLICATION
When service has been effected by publication, any application for a default judgment on declarations must include a declaration regarding service of the application papers in compliance with Code of Civil Procedure section 587.
(Rule 9.16 [as Rule 9.48 1/1/94] renumbered and effective July 1, 2000.)
9.17 PENDING MOTIONS TO VACATE DEFAULT
An application for a default judgment submitted while a motion to vacate default is pending must advise the court of the pendency of the motion and must present a showing of emergency justifying the entry of a default judgment prior to hearing of the motion.
(Rule 9.17 [as Rule 9.49 1/1/94] renumbered and effective July 1, 2000.)
9.18 EVIDENTIARY STANDARDS
(a) Court to Hear Evidence. Upon application for a default judgment on an oral prove-up or on declarations pursuant to Code of Civil Procedure section 585(d), the court may enter such judgment as appears from the evidence to be just pursuant to Code of Civil Procedure section 585(b).
(b) Authentication. Unauthenticated documents will not be received in evidence unless their authenticity has been pleaded in the complaint and admitted by entry of default.
(c) Hearsay. The court, in its discretion, may disregard hearsay.
(d) Foundation. The court, in its discretion, may disregard evidence lacking foundation. Declarations on the merits by attorneys or assignees, with no foundation as to their personal knowledge, may in particular be disregarded.
(Rule 9.18 [as Rule 9.50 1/1/94] renumbered and effective July 1, 2000.)
WRITS OF ATTACHMENT/POSSESSION.
9.19 DEPARTMENTS ASSIGNED
(a) Central District. All proceedings in the Central District for Writs of Attachment or Possession are assigned to Department 66. These matters are not heard in the independent calendar department to which the case is assigned for all other purposes.
(b) District Courts. To determine the appropriate department for such proceedings in District Courts, counsel should inquire of the office of the Clerk's office in such district.
(Rule 9.19 [as Rule 9.56 1/1/94] renumbered and effective July 1, 2000.)
9.20 TIME AND PLACE FOR PROCEEDINGS
(a) Central District. All applications for a Writ of Attachment or Possession are heard in the Central District in Department 66 as follows:
(1) Noticed Hearings: 9:30 a.m. daily.
(2) Ex Parte Applications: 8:30 a.m. daily; all papers for ex parte applications must be presented to the clerk in the department assigned to hear such proceedings at that time.
(3) Proofs of service for noticed hearings must be filed in Department 66 within the time required by California Rules of Court, rule 3.1300.
(Rule 9.20(a)(3) [added 7/1/2002] (3) amended and effective 1/1/08.)
(b) District Courts. To find out the appropriate days and times for hearings and filings in District Courts, counsel should contact the clerk's office in each district.
(Rule 9.20(b) amended and effective 7/1/2002.)
(Rule 9.20 [as Rule 9.57 1/1/94, renumbered 7/1/2000, 7/1/2002] amended and effective 1/1/08.)
9.21 PAYMENT OF FEE FOR FILING OF PAPERS IN PROCEEDINGS FOR WRIT OF ATTACHMENT/POSSESSION AFTER HEARING
A hearing fee in the amount required by the Court's Schedule of Fees must be paid in Room 102 of the Central District before filing papers in Department 66. Counsel should inquire of the Court Clerk for the procedure in District Courts.
(Rule 9.21 [as Rule 9.60(a) 1/1/2000] amended and effective July 1, 2000.)
(Rule 9.21 [as Rule 9.60 1/1/94, 7/1/94, 7/1/96, 7/1/98, 1/1/2000]
subsections (b), (c), (d), (e) REPEALED in compliance with CRC Rule 981.1.,
renumbered and effective July 1, 2000.)
9.22 DEPARTMENTS ASSIGNED
(a) Central District. All proceedings set forth in LASC Rule 2.5(d) are assigned to Department 1A.
(b) District Courts. To determine the appropriate department for such proceedings in District Courts, counsel should contact the Clerk's Office in each district.
(Rule 9.22 [as Rule 9.65 1/1/95] renumbered and effective July 1, 2000.)
9.23 TIME AND PLACE FOR SUPPLEMENTAL PROCEEDINGS
(a) Central District.
(1) Ex parte applications: 8:30 a.m. daily; all papers for ex parte applications must be presented to the Clerk in Room 206.
(2) Noticed Hearings:
a) All hearings must be set in Department 1A.
b) All Judgment Debtor proceedings (See Rule 3.4 et seq.): 9:00 a.m. on Monday and Wednesday.
c) Motions: 9:00 a.m. on Tuesday. Motions will not be continued ex parte. The Court, in its discretion, may allow one (1) stipulated continuance for a period not to exceed thirty (30) days. The stipulated continuance must be filed directly in Department 1A at least three (3) Court days immediately preceding the hearing date.
d) Name Change Hearings: 9:00 a.m. on Thursdays and Fridays. At a hearing on a Petition for Change of Name, an appearance by the Petitioner or the attorney of record is mandatory.
Applications and Orders for
Publication and Applications and Orders for Service of
Summons on the Secretary of State that are presented in
Room 206 will not be processed immediately, but will be
available for pickup within five (5) court days.
(b) District Courts. To find out the days, times and places for such proceedings in District Courts, counsel should contact the Clerk's Office in each district.
(Rule 9.23 [as Rule 9.66 1/1/95, 1/1/96, 1/1/98]
renumbered and effective July 1, 2000.)
ACTIONS ARISING UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
9.24 MANDATE ACTIONS UNDER PUBLIC RESOURCES CODE SECTION 21000 ET SEQ. (CEQA)
(a) Where Filed. Notwithstanding LASCR, Rules 2.0(c), 2.5(p) and 7.6, mandamus actions challenging an agency decision under the California Environmental Quality Act (Publ. Res. Code, § 21000 et seq.) shall be filed in the Central District and assigned to Department One, as master calendar, for reassignment for all purposes, including any requests for a temporary restraining order or preliminary injunction, to judges designated by the presiding judge pursuant to Public Resources Code section 21167.1. At the time of filing of any CEQA cases, counsel must also file a notice of any related cases.
(Rule 9.24(a) [7/1/04, 7/1/05] amended and effective 7/1/06.)
(b) Ordering the Administrative Record. In accordance with Public Resources Code section 21167.6, within 10 business days after the action is filed, petitioners shall personally serve on the appropriate public agency their request for preparation of the administrative record or their notice of election to prepare the record themselves.
(c) Mediation. In accordance with Government Code section 66031, within 5 days after the deadline for respondent or defendant to file a response to the action, plaintiff or petitioner shall prepare and lodge with either Department 85 or 86 depending on the assigned number, a notice form for the court's signature inviting mediation. The clerk shall then mail the notice of invitation to the parties.
(d) Preparing the Administrative Record.
(1) Preparation by the Public Agency. Within 20 calendar days after receipt of a request to prepare the administrative record, the public agency responsible for such preparation shall personally serve on petitioners a preliminary notification of the estimated cost of preparation, setting forth the agency's normal costs per page, other reasonable costs, if any, the agency anticipates, and the likely range of pages. This notice shall also state, to the extent then known, the location(s) of the documents anticipated to be incorporated into the administrative record, shall designate the contact person(s) responsible for identifying the agency personnel or other person(s) having custody of those documents, and shall provide a listing of dates and times when those documents will be made available to petitioners or any party for inspection during normal business hours as the record is being prepared. This notice shall be supplemented by the agency from time to time as additional documents are located or determined appropriate to be included in the record.
a) Upon receipt of this preliminary notification, petitioners may elect to prepare the record themselves provided they notify the agency within 5 calendar days of such receipt. If petitioners so elect, then within 40 calendar days of service of the initial notice to prepare the administrative record, petitioner shall prepare and serve on all parties a detailed index listing the documents proposed by petitioners to constitute the record. Within 7 calendar days of this notification, the agency and/or other parties shall prepare and serve the petitioners and all parties with a document notifying them of any document(s) or item(s) that such parties contend should be added to, or deleted from, the record. The agency shall promptly notify petitioners of any required photocopying procedures and/or conditions with which petitioners must comply in their preparation of the record.
b) If petitioners do not so elect, then within 40 calendar days after service of the request to prepare the administrative record, the agency shall prepare and serve on the parties a detailed index listing the documents proposed by the agency to constitute the record and provide a supplemental estimated cost of preparation. Within 7 calendar days of receipt of this notification, petitioners and/or any other parties shall prepare and serve the agency and all parties with a document notifying the agency of any document(s) or item(s) that such parties contend should be added to, or deleted from, the record.
(2) Preparation by Petitioners. Within 20 calendar days after receipt of petitioners' notice of election to prepare the record themselves, the public agency responsible for certification of the record shall personally serve on petitioners a preliminary notification designating, to the extent then known, the location(s) of the documents anticipated to be incorporated into the administrative record, the contact person(s) responsible for identifying the agency personnel or other person(s) having custody of those documents, and the dates and times when those documents will be made available to petitioners or any party for their inspection and copying. This notice shall also state any required photocopying procedures and/or conditions with which petitioners must comply in their preparation of the record. This notice shall be supplemented by the agency as additional documents are located or determined appropriate to be included in the record. Within 40 calendar days afterservice of petitioner's notice of election, petitioners shall prepare and serve on all parties a detailed index listing the documents proposed by petitioners to constitute the record. Within 7 calendar days of this notification, the agency and/or other parties shall prepare and serve the petitioners and all parties with a document notifying them of any document(s) or item(s) that such parties contend should be added to, deleted from, the record.
(e) Certifying and Lodging the Record. Upon completion of preparation of the record, it must be certified by the agency before it is filed with the court. If the agency has prepared the record, it shall make such certification and shall personally serve and lodge the record in the appropriate court department no later than 60 days after the request. If the petitioners have elected to prepare the record, petitioners must transmit it to the agency for certification. After such certification, petitioners shall then personally serve and lodge the record in the appropriate court department no later than 60 days after service of the notice of election to prepare. If the agency refuses to make a complete certification, it shall make a partial certification, specifying any alleged defects in the record. Any extension of the 60-day time period may be obtained by filing a stipulation of the parties and obtaining court approval of the extensions prior to the expiration of the 60-day period. Also, an extension may be obtained from the court upon a properly noticed hearing scheduled prior to the expiration of the 60-day period.
(f) Disputes Regarding the Contents of the Administrative Record. Once the administrative record has been filed, any disputes about its accuracy or scope should be resolved by appropriate notice motion. For example, if the agency has prepared the administrative record, petitioners may contend that it omits important documents or that it contains inappropriate documents; if the petitioners have prepared the record, the agency may have similar contentions. A motion to supplement the certified administrative record with additional documents and/or to exclude certain documents from the record may be noticed by any party and should normally be filed concurrently with the filing of petitioner's opening memorandum of points and authorities in support of the writ. Opposition and reply memoranda on the motion should normally be filed with the opposition and memoranda, respectively, regarding the writ. The motion should normally be calendared for hearing concurrently with the hearing on the writ.
(g) Notice of hearing. The petitioner shall notice a hearing date on the petition for writ of mandate, consistent with Public Resources Code section 21167.4. The hearing shall be noticed for not later than 160 days from the date of filing the petition.
(h) Briefing Schedule.
(1) Unless otherwise ordered by the court, petitioner shall file and serve personally, by overnight mail or, if previously agreed, by fax, an opening memorandum of points and authorities in support of the petitioner within 30 days from the date the administrative record is served,
(2) Respondent and Real Party in Interest shall file and serve personally, by overnight mail or, if previously agreed, by fax, opposition points and authorities, if any, within 30 days following service of petitioner's memoranda of points and authorities,
(3) Petitioner shall have 20 days from service of the opposition's points and authorities to file and serve personally, by overnight mail or, if previously agreed, by fax, a reply memorandum of points and authorities,
(4) The parties may agree upon a shorter time frame for briefing by written stipulation filed with the court.
(i) Settlement Meeting. If the parties agree, the first meeting will be continued so as to take place no later than 35 days after the administrative record is served. If the parties do not agree to this continued first meeting date, then the first meeting shall take place in accordance with Public Resources Code section 21167.8 and a second meeting is ordered to take place within 5 days after the administrative record is served. The parties shall agree as to the time and place of any meeting pursuant to Public Resources Code section 21167.8. Other meetings may be scheduled by the parties. The statement of issues required by 21167.8(f) will be utilized by the court in focusing on the legal and factual contentions and issues to be resolved. However, such contentions and issues must be consistent with the pleadings to be properly resolved by the court.
(j) Trial Notebook. Petitioner shall prepare a trial notebook which shall be filed with the appropriate department no later than 5 days before the date of the hearing. The trial notebook shall consist of the petition, the answer(s), the briefs, any motions set to be heard at trial, the statement of issues, and any other document(s) agreed upon by the parties.
(Rule 9.24 [as Rule 9.70 1/1/95, 7/1/95, 1/1/96, 7/1/98, renumbered 7/1/2000, 7/1/04]
amended and effective 7/1/05.)
9.25 APPLICATION TO PROCEED IN FORMA PAUPERIS
(a) Ref. California Rules of Court, rule 3.50 et seq.
(Rule 9.25(a) [1/1/98] amended and effective 1/1/08.)
(b) Place of Filing.
(1) Central District. In the Central District, applications must be presented as follows:
a) Unlimited civil, limited civil cases and appeals from limited civil to the Appellate Division of Superior Court: Room 426;
b) Probate cases: Room 258;
c) Family Law Cases: Department 2;
d) Appeals to the Court of Appeal: Room 111.
e) Small Claims cases to the Small Claims Office, Room 429.
(2) Other Districts. In the District Courts, applications shall be presented in the place designated by the Supervising Judge.
(Rule 9.25 [as Rule 9.71 1/1/98, 7/1/98, renumbered 7/1/2000] repealed in part, 7/1/02] amended and effective 1/1/08.)
RECEIVERSHIPS
Local Rules 9.51 through 9.55 have been REPEALED effective 7/1/2002 in conformance with California Rules of Court, Rule 1900 through 1908, effective 1/1/2002.
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