A Rule
Abandonment, Actions 2.0(c)   11.8
Acting Presiding Judge 1.2
Addressing Others 8.15
Administrative Mandate Proceedings 9.5(g)
Administrative Record 9.24
  • CEQA
9.24
Admonition of Jurors 8.20(g)
ADOPTIONS Ch 13
  • Adult and Married Minors Adoptions
13.4
  • Agency Adoptions
13.1
  • Forms 1-24 Chapter 13
 
  • Accounting Report (Fam. C.õ 8610)
Appendix A - Form 3
  • Agreement of Adoption
Appendix A - Form 16
  • Application for Order for Publication
Appendix A - Form 23
Not available online
  • Application to set an Adult Adoption Hearing and Order
Appendix A - Form 14
  • Citation (Freedom from Parental Custody and Control)
Appendix A - Form 22
Not available online
  • Consent of
 
  • Agency to the Adoption
Appendix A - Form 6
  • Spouse of person being adopted
Appendix A - Form 12
  • Spouse of Adopting party
Appendix A - Form 13
  • Declaration and Order Dispensing with Notice to Alleged Natural Father
Appendix A - Form 19A
Not available online
  • Decree of Adoption
 
  • Adult
Appendix A - Form 15
  • Agency
Appendix A - Form 5
  • Independent
Appendix A - Form 8
  • Intercountry
Appendix A - Form 18
  • Stepparent
Appendix A - Form 10
  • Findings and Order of the Court
Appendix A - Form 19B
Not available online
  • Memorandum for Setting for Hearing
Appendix A - Form 2
Not available online
  • Multiple Consent and Agreement (more than one child)
Appendix A - Form 4
Not available online
  • Notice of Hearing re Petition to Determine Parental Rights of Alleged Natural Father
Appendix A - Form 20
Not available online
  • Order for Publication of Summons, Citation or Notice of Hearing
Appendix A - Form 24
Not available online
  • Petition for Adoption:
 
  • Adult
Appendix A - Form 11
  • Agency
Appendix A - Form 1
  • Independent
Appendix A - Form 7
  • Intercountry
Appendix A - Form 17
  • Stepparent
Appendix A - Form 9
  • Petition for Freedom from Parental Custody and Control
Appendix A - Form 21
Not available online
  • Petition to Determine Parental Rights of Alleged Natural Father
Appendix A - form 19
Not available online
  • Single Consent and Agreement (one child)
Appendix A - Form 4
Not available online
  • Independent Adoptions
13.2
  • Intracountry Adoptions
13.5
  • Petition to:
 
  • Determine Parent and Child Relationship
13.6
  • For Freedom from Custody and Control
13.8
  • Terminate Parental Rights in Adoption
13.7
  • Proceedings
2.0(c)
  • Stepparent Adoptions
13.3
Advertising 1.11
Affidavits 9.1
  • Contempt
9.7
  • Criminal
6.17
  • Preliminary injunction
9.6(a)
  • Writ of attachment or possession
9.21
ALTERNATIVE DISPUTE RESOLUTION
(APPLICABLE TO ARBITRATION & MEDIATION)
Ch 7   Ch 12
  • Administrator
12.1
  • Appearences required at Mediation
12.15
  • Applicable Law and Rules
7.9   12.0
  • Arbitration, rules applicable to
12.7
  • Arbitrators, Selection and List of
7.9   12.3
  • Continuance of Hearing
12.11
  • Court files open for Public Inspection
12.19
  • Discovery during Mediation
12.17
  • Early Mediation Pilot Program
12.34
  • Exempt from
12.0
  • Exhibits
12.14   12.29
  • Filing of Original Papers and Orders of Temporary Judge
12.30
  • Guidelines for Neutrals
Ch 12
  • Hearings
12.21
  • Initiation of Arbitration
7.3(f)   12.7
  • Interpreters
12.12
  • Judicial
7.9(c)
  • Mediation Report
12.37
  • Notification
12.3   12.5
  • Orders of Temporary Judge
12.30
  • Panels, Arbitration
1.8
  • Proceedings to be Open to the Public
12.18
  • References by Agreement
 
  • Approval by Court, Subject to
12.31
  • Deadline for Completion of
12.33
  • Issues to be specified
12.32
  • Referrals
7.3(g)   7.6
  • Reports
12.4
  • Rules Applicable to References by Agreement
12.31
  • Issues to be specified
12.32
  • References subject to Approval by Court
12.31
  • Sealing Orders and Confidentiality Agreements
12.20
  • Selection of ADR Neutral
12.3
  • Settlement
7.12(k)   12.5
  • Status Conference
12.35
  • Stipulation
12.16   12.24   12.25
  • Trial Court Delay Reduction Rules, Application of
12.26
  • Use of Public Facilities
12.28
  • Withdrawal from
12.8
Alternative Writ 9.5(e)
Amending Rules 1.10
American Bar Association, Delay Reduction 7.0(d)
Annual Report, Executive Officer/Clerk of  
  • Superior Court
1.4(e)(14)
Answer,  
  • Eminent Domain
16.5
  • Failure to
9.10(a)
Appeals  
  • Civil
11.2(b)
  • Criminal
11.2(c)
  • Death penalty cases
6.39   11.1
  • Small claims
2.0
Appearance Log 6.39(a)   Ch 6 Appendix
Appearance at Arbitration/Mediation 12.15
Appearance, Telephonic 7.20
APPELLATE DEPARTMENT DIVISION Ch 11   1.0   2.4(a)
2.5(a)   11.0
  • Appeals
11.1
  • Applications and Motions
11.8
  • Appointed Counsel - Criminal Appeals
11.3
  • Bail Reduction Request for
11.2(c)
  • Briefs
11.5
  • Criminal
11.2(c)   11.4(b)
  • Extensions and Relief from Default
11.9
  • Guidelines for Counsel
6.40
  • Judgment
11.7
  • Jurisdiction<
11.0(b)
  • Notice
11.1(b)
  • Oral Argument
11.6
  • Record on Appeal
11.4
  • Central District
2.5(a)   11.0
  • Stay Orders pending Appeals
11.2
  • Writs
2.5(a)   11.0(c)   11.10
Application  
  • Default judgment
9.12   9.16   9.17   11.9
  • Relief from claim filing requirements
9.8
  • Writs of attachment and possession
9.21
Appraisal Reports Ch 16   Apendix A
16.15   16.21   16.22   16.23
16.24
ARBITRATION (See Alternative Dispute Resolution) Ch 7   Ch 12
Asbestos Department 2.5(l)
Assigned Department 9.4
Assigned Judge, challenge to 7.3(b)   7.5
Assignments  
  • Cases for trial
7.3   7.5
  • Departments 59 and 66
9.4   2.5(j)
  • Departments 85 and 86
9.4   2.5(j)
  • District Departments
2.4(b)
  • Family Law
14.1
  • for All Purposes
7.3(i)
  • IC Cases
7.3
  • to Central District departments
2.5
  • Notice of
7.3(c)
  • Other than Central
7.4   9.4
  • Proportionate, of cases
7.3(a)
  • Regulation of case
7.3(b)
  • Related Cases
7.3(f)
  • Writs of attachment and possession
2.4   2.5(o)   9.19
Attorney  
  • Appellate, guidelines for
6.40(d)
  • Compensation withholding
6.39(e)
  • Conflicts
4.0(c)
  • Dress
8.2
  • Sanctions
6.39(e)   8.0
  • Self-Represented Parties
2.6
  • Substitution of
6.39(c)
Attorney's Fees 3.2   9.15
  • Arbitration
12.13
  • Bond lien
3.2(c)   9.15(c)
  • Change of Venue
2.1(e)
  • Extraordinary services
3.2(d)   9.15(d)
  • Minor, services benefiting
3.2(e)
  • Mortgage
3.2(b)
  • Schedule
9.15(c)   9.15(d)
  • Trust deed
3.2(b)
Auditor-Controller, Los Angeles County 3.0(b)
Augmentation  
  • Clerk's transcript
6.40(b)
  • Order for correction
6.40(d)(3)
  • Record
6.40(d)(2)
B Rule
Bail 6.15
  • Reduction
6.16
  • Schedule
6.15
  • Setting duty, court commissioners
1.7(j)
Bailiff  
  • Court sessions
4.0(b)
  • Exhibits
8.66
  • Jury
5.0(e)
  • Communications
8.37
  • Notepads
8.38
  • Questions
8.55
  • Verdict
8.56
Ballot  
  • Absentee
1.3(e)
  • Court Commissioners
1.7(d)   1.7(f)
  • Election of Judges
1.3
  • Executive Committee
1.5(h)   1.5(k)   1.5(l)
  • Second
1.3(i)
  • Canvass of
1.3
Benefits, extended to 1.12
Bifurcated trial 2.5(e)   16.11(a)
Blocked Account, Minor's Contracts 14.8
Blue Book 8.15
Board of Supervisors 1.4(e)(11)
Bodily Injury, Actions 2.0(b)
"Booklet Form" Jury Instructions 8.26
Briefing Schedule, Alternative Writ 9.5(e)(2)
C Rule
Calendar  
  • Executive Officer/Clerk of Superior Court
1.4(e)(16)(k)
  • Hearing, administrative mandate proceedings
9.5(h)(2)
  • Master Calendar Department
2.0(f)
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Ch 9
  • Briefing Schedule and Length of Memoranda
9.24(h)
  • Certifying and Lodging the Record
9.24(e)
  • Disputes Regarding the Contents of the Administrative Record
9.24(f)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
  • Absentee
1.3(e)
D Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
E Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
F Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
G Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
H Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
I Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
J Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
L Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
M Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
N Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
O Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
P Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Q Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
R Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
S Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
T Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
U Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
V Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
W Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Z Rule
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Admin Admin
Chapter 1 Organization
1.0 PRESIDING JUDGE
1.1 ASSISTANT PRESIDING JUDGE
1.2 ACTING PRESIDING JUDGE
1.3 ELECTION OF PRESIDING, ASSISTANT PRESIDING JUDGE
(a) Election for Unification Transition Period
(b) Nomination
(c) Distribution of Ballots
(d) Voting
(e) Absentee Ballots
(f) Canvass of Vote
(g) Majority Vote
(h) Less than Majority Vote
(i) Second Ballot
(j) Canvass of Second Ballot
(k) Term of Office
(l) Vacancy
(m) Uncontested Offices
(n) Removal of Presiding Judge or Assistant Presiding Judge
(o) Filling Mid-Year Vacancy
1.4 EXECUTIVE OFFICER/CLERK OF THE SUPERIOR COURT
(a) Intent of Rule
(b) Overall Administrative Supervision
(c) Selection
(d) Qualifications
(e) Powers and Duties
(f) Directives to the Executive Officer
(g) Executive Officer/Clerk of the Superior Court Pro Tempore
1.5 EXECUTIVE COMMITTEE
(a) Powers
(b) Meetings
(c) Minutes
(d) Submission by Non-Member
(e) Eligibility
(f) Nomination.
(g) Membership and Representation.
(h) Distribution of Ballots.
(i) Voting by Judges
(j) Canvass of Judges' Ballots
(k) Majority Vote
(l) Failure to Elect
(m) Second Ballot
(n) Vacancies
(o) Ex officio members
(p) Commissioner members
(q) Cumulative Voting Not Permitted.
1.6 STANDING COMMITTEES
1.7 COURT COMMISSIONERS
(a) Eligibility
(b) Application Form
(c) Selection Process
(d) Vacancy
(e) Optional Procedure
(f) Voting
(g) Removal from the List
(h) Order of Appointment
(i) Expiration of List
(j) Bail Setting Duty
(k) Temporary Telephonic Restraining Orders/Emergency Protective Orders
(l) Vacation and Sick Leave
(m) Employment Status
(n) Ninety Days to Determine Matters
(o) Complaints re Commissioners
(p) Procedures for Suspension or Removal
1.8 ARBITRATION PANELS
1.9 MEETING OF JUDGES
1.10 APPLICATION OF AND AMENDMENT TO OR REPEAL OF RULES
1.11 ADVERTISING IN COURTROOMS
1.12 BENEFITS
1.13 SENIORITY

 
1.0 PRESIDING JUDGE
The business of the Superior Court of California, County of Los Angeles ("Court") shall be supervised by one of the judges who shall be elected by the eligible judges of the court, as hereinafter provided. He/she shall be designated as the Presiding Judge. He/she shall be a member and chair of the Executive Committee. He/she shall assign judges to sit in various departments of the court, other than the Appellate Division pursuant to California Rules of Court ("CRC") 205(3). He/she shall designate a judge as the Supervising Judge to preside in each district, other than the Central District, in the Civil, Criminal, Family Law, Mental Health, Dependency, Traffic, and Probate Divisions, and in such other Divisions as he/she shall deem appropriate. He/she may also designate a judge as the Site Judge to preside, under the supervision of the Supervising Judge for the district in which the courthouse is located, in any courthouse in which no Supervising Judge sits. Additionally, pursuant to Section 246(2) of the Welfare and Institutions Code, the Presiding Judge shall appoint a Presiding Judge of the Juvenile Court. Further, the Presiding Judge or designee of the Presiding Judge shall exercise the authority and perform all the duties as set forth in Rule 6.603 of the California Rules of Court and in all other applicable court rules and laws of the State of California. In exercising his/her duty to designate a judge to preside in each department and to designate a Supervising Judge for each division, district, or branch court, the Presiding Judge shall make assignments based on what, in his/her sole discretion, he/she believes to be (1) the strengths of the court's bench officers and (2) the best interests of the public and the court.
(Rule 1.0 [1/1/94, 1/22/2000, 7/1/2000, 1/1/2001] amended and effective 4/4/2001.)
 
1.1 ASSISTANT PRESIDING JUDGE
In the absence of the Presiding Judge, his/her powers shall be exercised by the Assistant Presiding Judge, who shall be a member and vice-chair of the Executive Committee.
(Rule 1.1 effective 1/1/94.)
 
1.2 ACTING PRESIDING JUDGE
In the absence of both the Presiding Judge and Assistant Presiding Judge, the powers of the Presiding Judge shall be exercised by a judge designated by the Presiding Judge to be the Acting Presiding Judge.
(Rule 1.2 effective 1/1/94.)
 
1.3 ELECTION OF PRESIDING, ASSISTANT PRESIDING JUDGE
(a)Effective Date.
Subdivisions (b) through (k) of this rule are applicable to the elections of the Presiding Judge and Assistant Presiding Judge commencing in the year 2002 and each such election thereafter. (Rule 1.3(a) [re-titled as Election for Unification Transition Period and new text (1) through (6) added 1/22/2000] re-titled as Effective Date, subsections (1) through (6) deleted, and new ¶ added and effective 1/1/2001.)
 
(b) Nomination . A judge may be nominated for election as either Presiding Judge or Assistant Presiding Judge when the following form is completed, signed by not less than eight nor more than ten judges of the court and filed with the Presiding Judge between 12:00 noon on the first Wednesday in September and 12:00 noon on the second Wednesday in September. The nominee shall designate his or her acceptance of nomination for one office only.
(Rule 1.3(b) [1/1/94, 7/1/94, 4/1/98, 1/22/2000 ] amended and effective July 1, 2000.)
NOMINATION
We, the undersigned, nominate Judge ______________ for election as Presiding Judge-Assistant Presiding Judge. (strike one)
DESIGNATION
I accept nomination for the office of (strike one) Presiding Judge-Assistant Presiding Judge only.
 
(c) Distribution of Ballots. On or before the fourth Wednesday in September, the Presiding Judge shall cause two separate ballots to be distributed to each judge then holding office. One ballot shall contain in random order, if more than one judge is nominated, the names of the judges who have been nominated for election as Presiding Judge; the second ballot shall contain in random order, if more than one judge is nominated, the names of the judges who have been nominated for election as Assistant Presiding Judge.
The order in which judges' names will be listed on the ballots will be determined by a random draw of the letters of the alphabet to be conducted in the Executive Officer's office following the close of nominations at 12:00 noon on the second Wednesday of September.
(Rule 1.3(c) [1/1/94, 7/1/94, 4/1/98,1/22/2000] amended and effective July 1, 2000.)
 
(d) Voting. Each judge to whom ballots have been distributed shall vote for one nominee for Presiding Judge and one nominee for Assistant Presiding Judge, place the ballots in a blank envelope, place this envelope in a second envelope, sign his or her name to the outer envelope and send it to the senior judge of the court, in care of the Executive Officer/Clerk of the Superior Court (Executive Officer). It must be so received in the office of the Executive Officer not later than 12:00 noon of the first Wednesday in October and any ballot, whether regular or absentee, received after such hour shall not be counted.
(Rule 1.3(d) [1/1/94, 7/1/94, 4/1/98, 1/22/2000] amended and effective July 1, 2000.)
 
(e) Absentee Ballots. Any judge who will be absent from the County of Los Angeles for any part of the period commencing the Friday after the last Wednesday in September and ending the first Wednesday in October, may obtain an Absentee Ballot from the Presiding Judge. Said Absentee Ballot shall list nominees as above provided.
Absentee Ballots shall be processed and sent as provided in Section 1.3(d), above.
Rule 1.3(e) [1/1/94, 7/1/94, 4/1/98,1/22/2000] amended and effective July 1, 2000.)
 
(f) Canvass of Vote. A committee, composed of the three judges available who have the greatest seniority on the court, shall meet on the first Wednesday in October at 12:00 noon, remove all blank envelopes from the outer envelopes, then remove all ballots from the blank envelopes and tabulate the vote.
(Rule 1.3(f) [1/1/94, 7/1/94,4/1/98,1/22/2000] amended and effective July 1, 2000.)
 
(g) Majority Vote. If any nominee for either office receives a majority of the votes cast for that office, he or she shall be elected thereto and shall be so certified by the committee to the judges of the court. If there are only two nominees for an office and the vote for that office is tied, the judge having the greater seniority shall be elected to that office.
(Rule 1.3(g) [1/1/94] renumbered 1/22/2000.)
 
(h) Less Than Majority Vote. If an office is not filled by such majority vote, the committee shall certify to the Presiding Judge the names of the two judges receiving the highest and second highest number of votes without specification of the number of votes received, and, on or before the second Wednesday in October, the Presiding Judge shall cause a ballot containing the names so certified in random order consistent with Section 1.3(c), to be distributed to the judges eligible to vote.
(Rule 1.3(h) [1/1/94, 7/1/94, 4/1/98, /22/2000 ] amended and effective July 1, 2000.)
 
(i) Second Ballot. Each judge shall vote and send his or her ballot as provided above. Ballots must be received in the office of the Executive Officer not later than 12:00 noon on the third Wednesday in October. Any ballot received after such hour shall not be counted.
(Rule 1.3(i) [1/1/94, 7/1/94, 4/1/98,1/22/2000 ] amended and effective July 1, 2000.)
 
(j) Canvass of Second Ballot. A committee, comprised as above provided, shall meet at 12:00 o'clock noon on the third Wednesday in October and canvass the second ballots. The judge receiving the highest number of votes, or in case of a tie vote the judge having the greater seniority, shall be elected to the particular office for which he or she was a nominee. The committee shall certify his or her election to the judges of the court.
(Rule 1.3(j) [1/1/94, 7/1/94, 4/1/98,1/22/2000 ] amended and effective July 1, 2000.)
 
(k) Term of Office. The term of office of the Presiding Judge and Assistant Presiding Judge so elected shall be for two years commencing on the following 1st day of January. (Rule 6.602(c), California Rules of Court.).
(Rule 1.3(k) [renumbered 1/22/2000] amended and effective 1/1/2001.)
 
(l) Vacancy in office of Presiding Judge. If, for any cause, the office of Presiding Judge becomes vacant during any year, it shall be filled by election in the manner provided above, except that nominations shall be filed not later than 12:00 o'clock noon on the tenth court day following the date the Executive Committee declares the office vacant. The several steps provided above shall then be taken at the time intervals indicated above without reference to the specific months named. A judge so elected shall serve for the remainder of the incomplete term.
(Rule 1.3(l) [renumbered 1/22/2000] amended and effective 1/1/2001.)
 
(m) Uncontested Offices. If election to either office is uncontested after the time for filing nomination forms has expired, ballots for such office need not be distributed and the three senior judges of the court, as the election canvass committee, shall forthwith certify the election of the sole candidate for the office by the unanimous vote of the court.
(Rule 1.3(m) renumbered 1/22/2000.)
 
(n) Removal of Presiding Judge or Assistant Presiding Judge. A majority of the judges of the court at any time may, by written order, call a meeting of the judges at the time and place specified therein for the purpose of considering whether the Presiding Judge or Assistant Presiding Judge shall be removed from such office. A copy of the order shall be sent to each judge not a signatory thereon at least five days prior to the date of the meeting. An affirmative vote equal in number to the majority of the judges of the court shall remove the incumbent from such office. However, until January 1, 2003, this subsection (n) is subject to the two-thirds majority vote requirements of Local Rule 1.10.
(Rule 1.3(n) renumbered 1/22/2000.)
 
(o) Filling Mid-Year Vacancy in Office of Assistant Presiding Judge. In the event that a vacancy exists in the office of Assistant Presiding Judge, the Presiding Judge may call for an election to fill that vacancy for the unexpired portion of the term of the vacating Assistant Presiding Judge, whereupon such election shall be held on a date specified in the call for that election. The sequence of events provided for by subsections (b) through (m) of this Rule 1.3 shall be substantially the same for the election provided for by this subsection (o), except for the months in which those events are to occur.
(Rule 1.3(o) [newly added 1/22/2000 ] amended and effective 1/1/2001.)
(Rule 1.3 [1/1/94, 7/1/94, 1/22/2000, 7/1/2000] amended and effective 1/1/2001.)
 
1.4 EXECUTIVE OFFICER/CLERK OF THE SUPERIOR COURT
(a) Intent of Rule. It is the intent of the Court by adopting this rule to, inter alia , provide that the duties of the Executive Officer/Clerk of the Superior Court ("Executive Officer") be performed by one individual who will not hold any other position in state or county government.
(Rule 1.4(a) [1/1/94] amended and effective 1/22/2000.)
 
(b) Overall Administrative Supervision. All the Court's officers and employees, although Los Angeles County employees for purposes of salary and benefits (Sections 69894.3 and 69894.4 of the Government Code) nevertheless serve and are responsible to the Court, and their overall administrative supervisor is the Executive Officer (Section 69894.1 of the Government Code).
(Rule 1.4(b) [1/1/94] amended and effective 1/22/2000.)
 
(c) Selection.
(1) The Executive Officer of the Superior Court shall serve at the pleasure of the judges of the Superior Court.
(2) In filling the position of Executive Officer, or in the event of a vacancy therein, the Presiding Judge shall appoint a selection committee for the purpose of instituting and implementing procedures to select the Executive Officer or fill the vacancy in such office.
(3) The selection committee shall develop a plan for the selection committee to follow in filling the position or vacancy and shall present it to the Executive Committee for its approval.
(4) The selection committee shall review the background, experience and qualifications of the applicants and shall recommend to the judges not less than three applicants whom it finds to be best qualified for the position.
(5) The judges shall review the background, experience and qualifications of the applicants submitted by the selection committee and shall select one of the applicants to fill the position or vacancy. The judges shall vote by secret ballot. A majority vote of the judges of the court is required to elect the Executive Officer.
(Rule 1.4(c) [1/1/94, 1/22/2000] amended and effective 7/1/2001.)
 
(d) Qualifications. Pursuant to the directions contained in Section 69898 of the Government Code, the qualifications of the Executive Officer are fixed as follows:
(1) He or she shall be a citizen of the United States.
(2) It is preferable that he or she shall have had experience in a highly responsible administrative capacity in private or public employment.
(3) It is also preferable that he or she shall have substantial knowledge of government, judicial administration, personnel management, finance administration, and the legislative process, a working knowledge of systems and procedure analysis and automation techniques, access and fairness, and public relations, either in private or public employment, and the ability to work with others.
(Rule 1.4(d) [1/1/94, 1/22/2000] amended and effective 7/1/2001.)
 
(e) Powers and Duties. Pursuant to Section 69898 of the Government Code and Rule 6.610 of the California Rules of Court, the court declares that, under the direction of the Presiding Judge, the powers and duties of the Executive Officer shall include:
(1) To execute, on behalf of the court and subject to the supervision and direction of the Presiding Judge, the administrative supervision and control of the non-judicial activities of the court.
(2) To establish such divisions in the office of Executive Officer as may be deemed advisable, subject to the approval of the Executive Committee.
(3) To delegate his or her duties where necessary, and to assign or supervise and direct the work of all non-judicial officers and employees of the court.
(4) To administer a system of personnel administration in accordance with written policies approved by the Executive Committee.
(5) To prepare and administer the budget of the court and to represent the court in any matters pertaining to the budget which may be under consideration by the Board of Supervisors and/or the Trial Court Budget Commission, as directed by the Presiding Judge.
(6) To maintain all accounting and property control records, including payroll records of the court and records with respect to compensation of assigned judges.
(7) To purchase law libraries, supplies and equipment for the judges and for supporting court personnel, and to control their storage and distribution.
(8) To represent the court in its negotiations relative to the establishment and maintenance of courtrooms, chambers and offices, as directed by the Presiding Judge.
(9) To initiate studies and prepare appropriate recommendations and reports to the Presiding Judge, to committees of the court and to the court relating to the business of the court and its administration, including studies relating to the operations of special departments and branches.
(10) To collect, compile and analyze statistical data on a continuing basis concerning the status of judicial and non-judicial business of the court, and the preparation of periodic reports based on such data.
(11) To serve in a liaison capacity for the court, as directed by the Presiding Judge, with the Judicial Council, committees of the Legislature, the Board of Supervisors, the County Chief Administrative Officer, County Sheriff, State Bar of California, bar associations and civic groups, with reference to matters relative to the administration of the court.
(12) To make arrangements for and to attend all meetings of the judges of the court, assist the Presiding Judge in the preparation of agenda, and as Secretary of the Court, to prepare minutes of all meetings of the judges. The Executive Officer shall also attend meetings of committees of the court upon request of the committee chair or the Presiding Judge.
(13) To serve as Jury Commissioner of the Court.
(14) To prepare an annual report concerning the operation of the office during the preceding calendar year, together with recommendations to improve the administration of the court and the more expeditious disposition of its business.
(15) To employ and assign officers or attachés to perform the duties outlined in Section 26806 of the Government Code pertaining to interpreters.
(16) To exercise and perform all of the powers, duties and responsibilities of the County Clerk and Clerk of the Superior Court required or permitted by this Court to be exercised or performed by the Executive Officer in connection with judicial actions, proceedings and records under subdivision (d) of Section 69898 of the Government Code. Such powers, duties and responsibilities include:
a) To accept, process and file papers in connection with any action or proceeding before the court, including but not limited to those relating to the court's original jurisdiction, appellate jurisdiction and appeals from the court; to maintain and manage court records; to microfilm court records; to keep and dispose of papers, documents, files and exhibits in accordance with law.
b) To maintain indexes of all court files; to keep a register of actions or its alternate.
c) To issue process and notice; to accept service on parties; to enter defaults; to transmit transcripts on change of venue.
d) To be present at each session of court and with the judge in chambers when required; to administer oaths; to keep the minutes and other records of the court.
e) To enter orders, findings, judgments and decrees; to accept confessions of judgment for filing; to authenticate records; to certify abstracts of judgment; to keep a judgment book or its equivalent.
f) To collect, receipt, deposit and account for fees for filing, for preparing or certifying copies and for other fees; to receive jury fees, bonds, undertakings, fines, forfeitures and revenues; to keep money deposited in court, including but not limited to funds received in connection with minor's compromises; to recover county costs in judicial commitment proceedings.
g) To maintain statistical and financial records; to prepare reports to the Judicial Council and other state and county offices as required by law or policy.
h) To prepare the clerk's transcript on appeal and transmit the record and exhibits to the reviewing court.
i) To receive wills of decedents.
j) To take bail and related matters as provided in the Penal Code.
k) To manage court calendars, including the calendaring of cases and hearings and the maintenance of court calendars and schedules.
l) To print and sell court forms and rules of court; to procure supplies.
m) To keep and affix the seal of the court to appropriate instruments.
n) To keep and maintain in his/her office in each district, a separate file for each civil action or proceeding pending in such district, in which he/she shall place and keep, except as otherwise provided in these rules, the original of all pleadings and other papers on file in such action or proceeding, whether filed before or after the adoption of this rule.
o) To keep in his/her office in each city in which a department of a district is or shall be established a register of actions for all civil actions and proceedings pending in the department or departments there established.
p) To enter the minutes of the proceedings of the court in each district in minute books kept by the clerk in his/her office in the Central District.
q) To execute documents on order of the court (see Rule 3.0(c)).
r) Subject to approval of the Presiding Judge, to appoint such deputies pursuant to Section 24101 of the Government Code as are necessary to ensure the prompt and faithful execution and discharge of the duties and responsibilities of his/her office.
(17) To negotiate contracts on behalf of the court, in accordance with established contracting procedures and all applicable laws.
(18) To perform other duties as the Presiding Judge directs.
(Rule 1.4(e) [1/1/94,7/1/95,1/22/2000] amended and effective 7/1/2001.)
 
(f) Directives to the Executive Officer. Except as otherwise authorized by the Presiding Judge, all orders and directives of the court to the Executive Officer shall be transmitted by the Presiding Judge. All requests by the several judges or by committees ofthe court for the assistance of the Executive Officer or of his or her staff shall be directed to the Presiding Judge.
 
(g) Executive Officer/Clerk of the Superior Court Pro Tempore. In the temporary absence of the Executive Officer/Clerk of the Superior Court, he or she may, with the approval of the Presiding Judge, designate one of his or her principal subordinates as Executive Officer/Clerk of the Superior Court pro tempore. In the event of a vacancy in the office or the temporary absence of the Executive Officer/Clerk of the Superior Court, without having designated a subordinate to act in his or her place, the Presiding Judge may temporarily designate an Executive Officer/Clerk of the Superior Court pro tempore, who shall have all the powers and duties of the Executive Officer/Clerk of the Superior Court.
(Rule 1.4(g) [1/1/2001 ] amended and effective 7/1/2001.)
(Rule 1.4 [1/1/94,7/1/95,1/22/2000] amended and effective 7/1/2001.)
 
1.5 EXECUTIVE COMMITTEE
(a) Powers. There shall be an Executive Committee of the judges of the court. Except as otherwise ordered by the judges or otherwise provided by law, the California Rules of Court, or the Rules of the Superior Court of California, County of Los Angeles, the Executive Committee is vested with authority to act for and on behalf of the judges with respect to any matters affecting the court as to which the judges have the power to act, other than the adoption of an amendment of these rules. In addition, except for rules contained in Chapter One, the Executive Committee at the request of the Presiding Judge may temporarily suspend any of these rules as may be necessary to permit the Presiding Judge to carry out his or her responsibilities under California Rules of Court, Rule 6.603, to deal with budgetary shortfalls, provided a formal rule change is promptly submitted to the judges for their consideration without unreasonable delay. Any temporary suspension shall remain in effect only so long as is reasonably necessary for a formal amendment to be considered and become effective.
(Rule 1.5(a) [1/1/94, 1/22/2000] amended and effective 7/1/2003.)
 
(b) Meetings. The committee shall meet at least once each calendar month and a majority of the members of the committee shall constitute a quorum. The Presiding Judge shall act as chair. Meetings shall be open to any judge or commissioner of the court, except under unanimous vote of the members present, but a non-member of the committee may be heard only by the consent of the committee.
(Rule 1.5(b) [1/1/94] amended and effective 1/22/2000.)
 
(c) Minutes. Minutes of each meeting shall be kept and a copy thereof distributed to each judge of the court within 25 days after the meeting.
 
(d) Submission by Non-Member. Any judge, not a member of the committee, who desires the consideration of the committee on any matter, may submit such matter in writing by filing a written request with the chair not less than one day prior to the meeting of the committee.
 
(e) Eligibility. Only a judge currently sitting and who will be in office on the 9th day of the ensuing year shall be eligible to vote as a member of or be elected to the Executive Committee. Additionally, judges will only be eligible to vote in the election for the District to which they will be assigned on the date the successful candidate takes office. A judge who has been an elected member of the Executive Committee during any two of the three years preceding the election shall not be eligible for election by his/her District. Contingent upon a successful vote to unify the trial courts and until January 1, 2003, all Judges of the Superior Court will be eligible for election to the Executive Committee, without regard to previous service as a member of the Superior Court's Executive Committee. The limitation on eligibility contained in this section shall not apply to a judge who has been elected to fill an unexpired term on the Executive Committee of less than nine months.
(Rule 1.5(e) [1/1/94, 1/22/2000, 11/01/00] amended and effective 10/1/01.)
 
(f) Nomination. A judge may be nominated or self-nominated for election to the Executive Committee by completing the following form and filing it with the Presiding Judge between 12:00 noon on the first Monday in November and 12:00 noon on the third Wednesday in November. (If, when judicial assignments are announced for the forthcoming year, a nominated judge is not assigned for the forthcoming year to the district for which he or she was nominated, the nomination period for that district shall be reopened from 9:00 a.m. on the first Monday following Thanksgiving and closing at 4:00 p.m. on the second Monday following Thanksgiving, to permit one or more additional nominations to be made by completing the following form and filing it with the Presiding Judge during said one-week period.) If nominated, the nominee shall designate his or her acceptance of nomination on the form.

NOMINATION
I, the undersigned, nominate Judge _______________ for

election as _______________ District's representative to the Executive Committee.

____________________________________
(Signature of Nominating Judge)
ACCEPTANCE OF NOMINATION/ANNOUNCEMENT FOR ELECTION
I accept nomination/announce for the Office of _______________ District's representative to the Executive Committee.
____________________________________
(Candidate's Signature)

 
(Rule 1.5(f) newly added and effective 11/01/2000.)
 
(g) Membership and Representation.
(1) The Executive Committee shall be comprised of twenty-two (22) voting members.
(2) There shall be eighteen (18) members elected by the Judges of the Superior Court for a term of one (1) year.
    a) One (1) member shall be elected by and from among the Judges of the Superior Court assigned to each of the eleven (11) outlying Superior Court Districts.
    b) Seven (7) members shall be elected by and from among the Judges of the Superior Court assigned to the Central District.
(3) The Presiding Judge and Assistant Presiding Judge shall be voting members.
(4) Two (2) Commissioners shall be elected by the Court's commissioners as voting members. Commissioner members shall not be permitted to vote on matters concerning Commissioners.
(Rule 1.5(g) [As Grouping of Judges 1/1/94, 7/1/99, as (f) REPEALED 1/22/2000 ]
Rule 1.5(f) Membership and Representation, [new title and text 1/22/2000, moved to (g) 11/01/00, 11/8/01] (g)(4)a)b)&c) REPEALED 7/1/03.)
 
(h) Distribution of Ballots. On the first Wednesday following Thanksgiving, after the announcement of judicial assignments for the forthcoming year, the Presiding Judge shall distribute to the members of each District a ballot containing the names of the nominated judges for the District. (If the nomination period is extended pursuant to Rule 1.5 (f) the ballots shall be distributed in the affected District(s) by the second Wednesday following Thanksgiving.) Each District ballot shall contain in random order, if more than one judge is nominated, the names of the judges who have been nominated for election as Executive Committee Representative. The order in which judges' names will be listed on the ballots will be determined by a random draw of the letters of the alphabet to be conducted in the Executive Officer's office following the close of nominations at 12:00 noon on the third Wednesday of November. All judges who are eligible candidates, but did not submit a “Declaration of Candidacy/Nomination,” will be listed on the ballot in alphabetical order.
(Rule 1.5(h) [11/01/00] amended and effective 10/1/01.)
 
(i) Voting by Judges.
    (1) Each judge, in a District other than Central, eligible to vote shall place a mark opposite the name of his/her choice, place the ballot in a blank envelope, place this envelope in a second envelope, sign his/her name on the outer envelope and send it to the judge having the greatest seniority on the court, in care of the Presiding Judge's Office, so that it shall be received not later than 12:00 o'clock noon on the second Wednesday following Thanksgiving.
    (Rule 1.5(i) (1) amended and effective 10/1/01.)
    (2) Each judge in the Central District, eligible to vote shall place a mark opposite the name of up to seven (7) of his/her choices, place the ballot in a blank envelope, place this envelope in a second envelope, sign his/her name on the outer envelope and send it to the judge having the greatest seniority on the court, in care of the Presiding Judge's Office, so that it shall be received not later than 12:00 o'clock noon on the second Wednesday following Thanksgiving.
    (Rule 1.5(i)(2) amended and effective 10/1/01.)
    (3) If the nomination period is extended pursuant to Rule 1.5(f), voted ballots from the affected District(s) shall reach the judge having the greatest seniority on the court, in care of the Presiding Judge's Office, not later than 12:00 o’clock noon on the third Wednesday following Thanksgiving.
    (Rule 1.5(i)(3) amended and effective 10/1/01.)
(Rule 1.5(g) Voting by Judges [1/1/94, 1/22/2000, moved to (i) 11/01/00] amended and effective 10/1/01.)
 
(j) Canvass of Judges' Ballots.
A committee of three judges available who have the greatest seniority on the court shall meet at 12:00 o'clock noon on the second Wednesday following Thanksgiving, remove all blank envelopes from the outer envelopes, remove all ballots from the blank envelopes and tabulate the ballots of each District. (If the nomination period is extended pursuant to Rule 1.5(f), the tabulation of the ballots from the affected District(s) shall occur at 12:00 o'clock noon on the third Wednesday following Thanksgiving.)
(Rule 1.5(h) Canvass of Judges' Ballots [1/1/94, 1/22/2000] moved to (j), amended and effective 11/01/2000.)
 
(k) Majority Vote. Any judge who receives a majority of the votes cast by a District shall be elected the representative of that District on the Executive Committee.
(Rule 1.5(i) Majority Vote [1/1/94, 1/22/2000] moved to (k) and effective 11/01/2000.)
 
(l) Failure to Elect.
    (1)If any District other than the Central shall fail to elect a representative, the canvassing committee shall give the Presiding Judge the names of the judges who received the highest number of votes from the District, as well as the names of all judges who received the second highest number of votes. Also, in case of a tie vote in a two-person contest, the committee shall give the Presiding Judge the names of the judges who received the tie vote.
    (2) If fewer than seven (7) Central District representative candidates receive a majority of the votes cast, the canvassing committee shall give the Presiding Judge the names of the judges who were not elected but who otherwise received the highest number of votes such that there are twice as many names as there are unfilled representative positions. Also, included on the list shall be each judge receiving the lowest number of votes qualifying him or her to be named on the list submitted.
(Rule 1.5(j) Failure to Elect [1/1/94, 7/1/94, 1/22/2000] moved to (l), amended and effective 11/01/2000.)
 
(m) Second Ballot. On or before the third Monday following Thanksgiving, the Presiding Judge shall distribute to the members of each District with representative positions remaining unfilled a second ballot containing only the names of the judges who are on the list of remaining candidates for unfilled positions in the District(s) as determined pursuant to Section 1.5(l). (If the nomination period is extended pursuant to Rule 1.5(f), any necessary second ballot in the affected District(s) will be distributed by the fourth Tuesday following Thanksgiving.) The judges of the District(s) eligible to vote shall mark and transmit their ballots to the judge having the greatest seniority on the court, in care of the Presiding Judge's Office, on or before 12:00 o'clock noon on the fourth Monday following Thanksgiving, at which time the three judges available who have the greatest seniority on the court shall canvass the vote. (If the nomination period is extended pursuant to Rule 1.5(f), the canvass of the second vote for the affected District(s) will be conducted on the first Thursday following the first Saturday of the New Year.) The number of judges equal to the number of unfilled positions in the District(s) receiving the highest number of votes shall be deemed elected and in case of a tie vote, the judge having the greatest seniority shall be deemed elected.
(Rule 1.5(k) Second Ballot [1/1/94, 7/1/94, 1/22/2000, moved to (m) 11/01/00] amended and effective 10/1/01.)
 
(n) Vacancies.
A vacancy on the Executive Committee shall occur if a member is assigned to another department outside the boundaries of the District he or she was elected to represent. Other causes of vacancies include but are not limited to extended illness, leave or assignment to another court.
A vacancy on the Executive Committee will be filled by a vote of the District from which the member was originally elected. Such election must be held and completed within forty (40) days after the vacancy occurs. The voting shall conform to the procedures set forth in this Section except that (1) the Presiding Judge shall distribute the ballots to the members of the District within ten (10) days following the vacancy; (2) the marked ballots shall reach the senior judge before the twentieth day; (3) in the event no judge shall receive a majority vote, a second ballot shall be distributed before the thirtieth day, and within ten (10) days thereafter the marked ballots shall be sent to the senior judge at which time the three senior judges available shall canvass the vote and certify to the Presiding Judge the name of the judge duly elected.
(Rule 1.5(l) Vacancies [1/1/94, 1/22/2000] moved to (n), amended and effective 11/01/2000.)
 
(o) Ex officio members.
The Presiding Judge of the Juvenile Court, the Supervising Judge of the Criminal Division, the Supervising Judge of the Civil Division, the Supervising Judge of the Traffic Division, the Supervising Judge of the Family Law Departments, and the Chair of the Personnel and Budget Committee shall be ex officio members of the Executive Committee. Ex officio members may vote only when serving as chair of the committee, and then only when a vote is required to break ties. (Ref. Rule 1.5(b).)
(Rule 1.5(o) Ex officio members [1/1/94, 1/22/2000, moved from (m) to (o) and eff. 11/01/00, 4/4/2001] amended and effective 1/1/2003.)
 
(p) Commissioner members. Two (2) Commissioners of this Court shall be entitled to membership upon the Executive Committee. Such members are to be elected at-large to one (1) year terms by the Commissioners of this Court in such manner and by such procedures as they may decide, subject (during the period ending on December 31, 2002) to the provisions of subsections (g)(4)(a) and (g)(4)(b) of this Rule 1.5. The names of the Commissioner members elected for the following calendar year shall be set forth in a notice signed by three Commissioners of this Court, which notice shall be delivered to the Presiding Judge between the last Monday in November and the first Wednesday in December of each year.
(Rule 1.5(n) Commissioner Members [1/1/94, 1/22/2000 ] moved to (p) and effective 11/01/2000.)
Rule 1.5 [1/1/94, 7/1/94, 7/1/99, 1/22/2000, 7/1/2000, 11/01/00, 4/4/01, 10/1/01, 11/8/01, 1/1/03] amended and effective 7/1/03.)
 
(q) Cumulative Voting Not Permitted. Cumulative Voting shall not be permitted for election of Executive Committee members.
(Rule 1.5(o) Cumulative Voting Not Permitted [7/1/2000 ] moved to (q) and effective 11/01/00.)
Rule 1.5 [1/1/94, 1/1/94, 7/1/99, 1/22/2000, 7/1/2000, 11/01/00, 4/4/01, 10/1/01, 11/8/01] amended and effective 1/1/2003.)
 
1.6 STANDING COMMITTEES
At the beginning of each year the Presiding Judge shall appoint the following standing committees, each to consist of not less than five judges:
Committee on Bench and Bar,
Committee on Criminal Court Matters,
Committee on Family Law,
Committee on Grand Jurors,
Committee on Informal Complaints Concerning Bench Officers,
Committee on Judges' Retirement Benefits,
Committee on Judicial Orientation Continuing Education - Civil,
Committee on Judicial Orientation Continuing Education - Criminal,
Committee on Juvenile Departments,
Committee on Legislation,
Committee on Mental Health,
Committee on Personnel and Budget,
Committee on Planning and Research,
Committee on Probate Departments,
Committee on Rules,
Committee on Standardized Instructions - Civil,
Committee on Standardized Instructions - Criminal,
Committee on Trial Jurors
(Rule 1.6 [1/1/94] amended and effective 7/1/2001.)
 
1.7 COURT COMMISSIONERS
(a) Eligibility. An applicant for appointment as a court commissioner must have been admitted to practice before the Supreme Court of California for at least ten years.
(Rule 1.7(a) amended and effective 4/4/2001.)
 
(b) Application Form. The Committee on Personnel and Budget shall prescribe, from time to time, the form of written application for appointment as a court commissioner.
 
(c) Selection Process. The Presiding Judge shall appoint a committee of ten judges to review the application of each applicant. The committee shall designate which applicants it finds to be qualified and shall rank them in the order of preference.
(Rule 1.7(c) [1/1/95] amended and effective 7/1/03.)
 
(d) Vacancy. When the Presiding Judge determines that a vacancy is to be filled in the office of court commissioner, he/she shall designate the date by which all judges must cast their votes. Not less than ten days prior thereto, a copy of the application of each approved applicant, the order in which the applicants have been ranked, and a ballot containing the names of all approved applicants shall be delivered to each judge of the court.
 
(e) Optional Procedure. After distribution of the copies of the applications and prior to the last day for casting ballots, the Presiding Judge may call a special meeting of the judges at which the approved applicants are introduced.
 
(f) Voting. Each judge voting to fill a vacancy in the office of court commissioner shall cause his/her secret ballot to be delivered to the chair of the Committee on Personnel and Budget not later than 4:00 p.m. on the date theretofore designated by the Presiding Judge. The Committee on Personnel and Budget privately shall canvass the ballots cast and certify to the Presiding Judge the name of the applicant or applicants, not exceeding the number of vacancies to be filled, who received the highest votes.
If two candidates receive the same number of votes, the candidate with the highest ranking, established by the Selection Committee, shall be appointed to the Court Commissioner position.
(Rule 1.7(f) [1/1/94, 7/1/2001] amended and effective 7/1/03.)
 
(g) Removal from the List. The Personnel and Budget Committee may remove a candidate's name from the certification list for "Good Cause" and he/she will not be eligible for appointment.
(Rule 1.7(g) Removal from the List new and effective 7/1/03.)
 
(h) Order of Appointment. The Presiding Judge shall cause a written order to be made appointing each applicant so certified to be a court commissioner.
(Rule 1.7(h) [as (g) 1/1/94] renumbered and effective 7/1/03.)
 
(i) Expiration of List. Whenever the list of approved applicants shall consist of less than three names, or the Executive Committee or a majority of all the judges of the court shall so order, the list of approved applicants shall expire and a call for applicants shall be made.
(Rule 1.7(i) [as (h) 1/1/94] renumbered and effective 7/1/03.)
 
(j) Bail Setting Duty. Each commissioner, in rotation, shall serve in setting bail both during and after court hours and on Saturdays, Sundays and legal holidays. No compensatory pay or time shall be afforded for such services. Such service may be concurrent with TRO/EPO service.
(Rule 1.7(j) [as (i) 1/1/94, renumbered 7/1/03] amended and effective 1/1/04.)
 
(k) Temporary Telephonic Restraining Orders/Emergency Protective Orders. Each commissioner, in rotation, shall serve in hearing requests for temporary telephonic restraining orders and emergency protective orders after court hours and on Saturdays, Sundays and legal holidays and during court hours when the judicial officer assigned to such duty is unavailable. The commissioner shall not be required to attend to his or her regular duties on days assigned to this service. No compensatory pay or time shall be afforded for such service.
(Rule 1.7(k) [as (j) 1/1/94, renumbered 7/1/03] amended and effective 1/1/04.)
 
(l) Vacation and Sick Leave.
(1) Vacation. Commissioners shall be treated as county employees with an "L" rating for purposes of participating in county employee benefits. Commissioners shall be entitled to vacation and personal leave pursuant to California Rules of Court, Rule 6.603.
(Rule 1.7(l)(1) [as subdivision (k)(l) 7/1/97 ] amended and effective 1/1/04.)
(2) Sick Leave.
a) In the event a Commissioner is absent due to reasons of disability for a period of 21 court days in any calendar year, the Supervising Judge shall report such information to the Presiding Judge of Superior Court. The Presiding Judge shall notify the Personnel and Budget Committee.
b) In the event a Commissioner's absence due to reasons of disability exceeds 42 court days, the Personnel and Budget Committee may:
i) Require, after 42 consecutive court days, that a Commissioner who is absent due to reasons of disability shall apply for Short Term Disability benefits. Upon approval and commencement of Short Term Disability benefits, the Commissioner will be placed on Short Term Disability status; and/or
ii) Recommend, if a Commissioner is deemed to be permanently disabled due to a non-service connected disability, that the Commissioner apply or that an application for disability retirement, if applicable, be initiated on behalf of said commissioner, based upon the gravity of the issues in question; or
iii) Continue to monitor the Commissioner's absence for verified reasons of disability.
c) Following 63 court days of continued absence due to reasons of disability, the Personnel and Budget Committee shall review the medical reports provided to the Court by the Commissioner and/or his/her representative. The Personnel and Budget Committee shall recommend one of the following actions to the Executive Committee.
i) Determine that the Commissioner shall remain in full employment for a set period of time, at which point his/her situation will be reviewed if s/he is still not able to return to work;
ii) If there is a doctor's statement confirming that the Commissioner is considered to be permanently disabled, request that the Commissioner apply for Long-Term Disability benefits and/or Disability Retirement, if applicable;
iii) If there is a doctor's statement confirming that the Commissioner is considered to be permanently disabled, submit, on behalf of the Commissioner, an Application for Disability Retirement, if applicable, pursuant to Government Code section 31721;
iv) Grant, upon request of the Commissioner, a leave of absence without compensation pending further review not to exceed an additional 63 court-day period;
v) At any time after 63 court days of continued absence due to reasons of disability, require the Commissioner to submit to an independent medical examination.
(Rule 1.7(k)(2) amended and effective 7/1/97.)
(Rule 1.7(l) [as (k) 1/1/94, 7/1/97, renumbered 7/1/03] amended and effective 1/1/04.)
 
(m) Employment Status . Commissioners serve the court as at-will employees. Pursuant to California Government Code section 71622, "subordinate judicial officers shall serve at the pleasure of the trial court."
(Rule 1.7(l) amended and effective 7/1/97.)
Rule 1.7(m) [as (l) Disciplinary Proceedings 1/1/94, re-titled 7/1/97] renumbered, amended and effective 7/1/03.)
 
(n) Ninety Days to Determine Matters. It is the duty of a commissioner of this court to determine promptly all matters pending before him/her and in all cases to do so within 90 days after a matter has been submitted for decision.
(Rule 1.7(n) [as (m) 1/1/94] renumbered and effective 7/1/03.]
 
(o) Complaints Re Commissioners . Complaints regarding Commissioners are to be processed pursuant to Section 16 of the Standards of Judicial Administration.
(Rule 1.7(o) [as (n) added 7/1/97] renumbered and effective 7/1/03.)
 
(p) Procedures for Suspension or Removal . Suspension or termination of services of a Commissioner shall be initiated by the Presiding Judge and carried out in accordance with the following procedures:
The Presiding Judge may:
Suspend a Commissioner with or without pay and shall advise the Commissioner of the reason(s) therefor in writing; or
Place the Commissioner on administrative leave for up to 15 court days pending further review; or
Terminate the services of the Commissioner.
(Rule 1.7(p) [as (o) added 7/1/97 ] renumbered and effective 7/1/03.)
(Rule 1.7 [1/1/94, 1/1/95, 7/1/97, 4/4/01, 7/1/01, subdivisions renumbered & amended 7/1/03] amended and effective 1/1/04.)
 
1.8 ARBITRATION PANELS
The arbitration panels maintained by this Court pursuant to California Rules of Court, rule 1603, shall be made available for judicial arbitration of limited jurisdiction cases.
(Rule 1.8 [1/1/94] title and text amended and effective 1/22/2000.)
 
1.9 MEETING OF JUDGES
Meetings of the judges other than for the removal of a Presiding Judge shall be held at the call of the Presiding Judge and he/she shall call a meeting of the judges at the written request of twenty judges. The time and place of all such meetings shall be designated by the Presiding Judge who shall cause notice thereof to be given each judge either by mailing a notice to the judge or by leaving it at the judge's courtroom. Except for a meeting called to elect or to remove a Presiding Judge, such notice of the meeting must be given at least three days before the day of the meeting. Notice of the meeting of the judges for any purpose is waived by a judge who attends the meeting. A majority of all the judges of the court shall constitute a quorum at any meeting of judges.
(Rule 1.9 [1/1/94] amended and effective 7/1/2000.)
 
1.10 APPLICATION OF AND AMENDMENT TO OR REPEAL OF RULES
The Court Rules are applicable to all District Courts and Departments in the Superior Court of California, County of Los Angeles, and are to be applied uniformly by all judges.
The rules may be amended or repealed, and new rules may be added, by written order signed by a majority of the judges or by majority vote of the judges of this court who are present at a duly called meeting of the judges, provided that written notice of the exact wording as proposed, of the proposed amendment, addition or repeal be given to all the judges of this court at least seven (7) days prior to such meeting. This rule shall be liberally construed to permit adoption of amendments to the rules even where the amendments may be in nonmaterial respects at variance with those proposed, provided that those adopted relate to those noticed. However, any rules adopted to implement terms and conditions agreed to prior to a vote to unify the Superior Court and the Municipal Courts can only be amended or repealed by an affirmative vote of two-thirds (2/3) of the Judges of the unified Superior Court eligible to vote.
(Rule 1.10 [1/1/94] amended and effective 1/22/2000.)
 
1.11 ADVERTISING IN COURTROOMS
No calendar or other printed or written matter containing advertising shall be displayed in any courtroom, except that non-profit organizations' continuing legal education announcements may be displayed upon approval of the judge.
(Rule 1.11 effective 1/1/94.)
 
1.12 BENEFITS
In accordance with Government Code section 69894.3 all County of Los Angeles benefits extended to employees and local officers by local ordinance are applicable to Superior Court of California, County of Los Angeles, personnel, jurors and judges.
(Rule 1.12 [7/1/96] amended and effective 1/22/2000.)
 
1.13 SENIORITY
Judges’ seniority shall be determined based on a Judge of the Superior Court's original oath date as a Judge of the Superior Court in Los Angeles County. In the case of those Municipal Court Judges who became Judges of the Superior Court as a result of unification of the municipal and superior courts, their seniority shall be based on the date of unification and amongst themselves their relative seniority shall be based on the date of their oath of office as a municipal court judge in the County of Los Angeles, without regard to judicial district.
(Rule 1.13 newly added and effective 1/22/2000.)
Chapter 2 Distribution Of Court Business
2.0 DISTRICT SESSIONS, FILING AND TRANSFER OF ACTIONS
(a) Districts
(b) Mandatory Filing
(c) Optional Filing
(d) Certificate Required
(e) Documents, Exhibits and Attachments Presented for Filing
(f) Transfer
(g) Master Calendar Departments
2.1 MOTION FOR CHANGE OF VENUE
(a) California Rules of Court, rule 3.1326
(b) Applicability
(c) Multiple defendants
(d) Attorney's Fees
(e) Change for convenience of witnesses
(f) Arrangements for transfer
2.2 DIVISIONS
2.3 SUPERVISING JUDGES, CIVIL AND CRIMINAL DIVISIONS
(a) Civil Division
(b) Criminal Division
2.4 CENTRAL DISTRICT DEPARTMENTS
(a) Designation by Presiding Judge
(b) District Departments
2.5 ASSIGNMENTS TO CENTRAL DISTRICT DEPARTMENTS
(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
(h) Mental Health Department
(i) Probate Department
(j) Writs and Receivers Department
(k) Class Actions
(l) Asbestos Department
(m) Conciliation Department
(n) Juvenile Department
(o) Attachments and Writs of Possession Department
(p) Long Cause Cases
2.6 COURT COMMUNICATION PROTOCOL FOR DOMESTIC VIOLENCE AND CHILD CUSTODY ORDERS
(a) Purpose
(b) Notice of Pending Cases and Orders
(c) Communication Between Courts
(d) Modification of Criminal Protective Orders
(e) Definition
2.7 CONFIDENTIALITY OF CONCILIATION DEPARTMENT (COURT) PROCEEDINGS See Rule 14.5.
2.8 RESERVED

APPENDIX District Maps
 
2.0 DISTRICT SESSIONS, FILING AND TRANSFER OF ACTIONS.
2.0 DISTRICT SESSIONS, FILING AND TRANSFER OF ACTIONS.
(a) Districts. Sessions of the court shall be held in districts and court locations designated as follows:
Central District, sitting in the following courthouses (includes outlying centrally administered juvenile courthouses):
Stanley Mosk (County) Courthouse, 111 North Hill, Los Angeles 90012
Clara Shortridge Foltz Criminal Justice Center, 210 West Temple, Los Angeles 90012
Edelman Children's Court, 201 Centre Plaza Drive, Monterey Park 91754
Mental Health Courthouse, 1150 North San Fernando Road, Los Angeles 90065
Metropolitan Courthouse, 1945 South Hill, Los Angeles 90007
East Los Angeles Courthouse, 4848 East Civic Center Way, Los Angeles, 90022
Eastlake Juvenile Courthouse, 1601 Eastlake Avenue, Los Angeles 90033
Central Arraignment Court, 429 Bauchet Street, Los Angeles 90012
Central Civil West Courthouse, 600 South Commonwealth Avenue, Los Angeles 90005
Hollywood Courthouse, 5925 Hollywood Boulevard, Los Angeles 90028
Inglewood Juvenile Courthouse, 110 Regent Street, Inglewood 90301
Los Padrinos Juvenile Courthouse, 7281 East Quill Drive, Downey 90242
Kenyon Juvenile Justice Center, 7625 South Central Avenue, Los Angeles 90001
Sylmar Juvenile Courthouse, 16350 Filbert Street, Sylmar 91342
Alfred J. McCourtney Juvenile Justice Center, 1040 W. Ave. J., Lancaster 93534;
East District, sitting in:
Pomona Courthouse South, 400 Civic Center Plaza, Pomona 91766
Pomona Courthouse North, 350 West Mission Blvd, Pomona 91766
El Monte Courthouse, 11234 East Valley Boulevard, El Monte 91731
West Covina Courthouse, 1427 West Covina Parkway, West Covina 91790;
North District, sitting in:
Michael D. Antonovich Antelope Valley Courthouse, 42011 4th Street West, Lancaster 93534
North Central District, sitting in:
Burbank Courthouse, 300 East Olive Avenue, Burbank 91502
Glendale Courthouse, 600 East Broadway, Glendale 91206;
Northeast District, sitting in:
Pasadena Courthouse, 300 East Walnut Street, Pasadena 91101
Alhambra Courthouse, 150 West Commonwealth, Alhambra 91801
North Valley District, sitting in:
San Fernando Courthouse, 900 Third Street, San Fernando 91340
Chatsworth Courthouse, 9425 Penfield Avenue, Chatsworth 91311
Santa Clarita Courthouse, 23747 West Valencia Boulevard, Santa Clarita 91355;
Northwest District, sitting in:
Van Nuys Courthouse East, 6230 Sylmar Avenue, Van Nuys 91401
Van Nuys Courthouse West, 14400 Erwin Street Mall, Van Nuys 91401;
South District, sitting in:
Long Beach Courthouse, 415 West Ocean Boulevard, Long Beach 90802
San Pedro Courthouse, 505 South Centre, San Pedro 90731
San Pedro Courthouse Annex, 638 South Beacon Street, San Pedro 90731
Catalina Courthouse, 215 Summer Avenue, P.O. Box 677, Avalon 90704;
South Central District, sitting in:
Compton Courthouse, 200 West Compton Boulevard, Compton 90220
Southeast District, sitting in:
Norwalk Courthouse, 12720 Norwalk Boulevard, Norwalk 90650
Bellflower Courthouse, 10025 East Flower Street, Bellflower 90706
Downey Courthouse, 7500 East Imperial Highway, Downey 90242
Huntington Park Courthouse, 6548 Miles Avenue, Huntington Park 90255
Whittier Courthouse, 7339 South Painter Avenue, Whittier 90602;
Southwest District, sitting in:
Torrance Courthouse, 825 Maple Avenue, Torrance 90503
Torrance Annex, 3221 Torrance Boulevard, Torrance 90503
Inglewood Courthouse, One Regent Street, Inglewood 90301
Redondo Beach Courthouse, 117 West Torrance Boulevard, Redondo Beach 90277;
West District, sitting in:
Santa Monica Courthouse, 1725 Main Street, Santa Monica 90401
Beverly Hills Courthouse, 9355 Burton Way, Beverly Hills 90210
LA Airport Courthouse, 11701 South La Cienega Boulevard, Los Angeles 90045
Malibu Courthouse, 23525 Civic Center Way, Malibu 90265
West Los Angeles Courthouse, 1633 Purdue Avenue, Los Angeles 90025.
(Rule 2.0(a) [1/1/94, 11/01/00, 1/1/2001, 7/1/2001, 7/1/2004]amended and effective 1/1/09.)
 
(b) Mandatory Filing
(1) Mandatory Filing of Unlimited Civil Cases. Every unlimited action for bodily injury, wrongful death or tortious damage to property shall be filed in the district where the injury or damage occurred. Such actions shall be filed at the filing window at the first active civil courthouse location listed for that district in subdivision (a), except that in the North Central District these actions may be filed at either courthouse location in that district; and in the South District at either of the first two locations listed. Bodily injury is defined as actual physical damage to a person. Actions for emotional distress, defamation, discrimination, and malpractice other than medical malpractice are not included in this definition. Damage to real property is defined as actual physical damage to land, buildings or other items affixed to the land including vegetation. Actions for quiet title, breach of real estate or construction contracts are not included in this definition. Every class action and petition for freedom from parental custody and control shall be filed in the Central District. Every unlimited jurisdiction appeal under Labor Code section 98.2 shall be filed in the district wherein the office of the Labor Commissioner rendering the decision appealed from is located. Every proceeding seeking a writ of prohibition or mandate (except as provided in subdivision (c) below) shall be filed in the Central District.
(Rule 2.0(b)(1) amended and effective 1/1/08.)
(2) Mandatory Filing of Small Claims and Limited Civil Cases. Every small claims and limited civil case shall be filed in and assigned to the nearest or most accessible courthouse where the court tries that type of case according to the following method:
First:. By determining what city or community contains the location that determines the proper venue for the trial of the case as specified in Sections 392 through 395, 760.050 or 872.110 of the Code of Civil Procedure, or in Sections 1812.10 or 2984.4 of the Civil Code.
Second:. By then determining the proper postal zip code that the United States Postal Service has assigned to the location determining venue as described above.
Third:. By then referring to the chart set forth in Appendix A to determine which courthouse serves the zip code and community area that determines the proper venue for trial. Such a case may be filed only in, and shall be assigned to, the courthouse serving the zip code and community area that would be a proper place for trial determined according to the foregoing method.
By way of example, a limited civil personal injury action in which a defendant resides in that portion of Zip Code 90002 lying within the City of Lynwood, all other defendants reside in that portion of Zip Code 90002 lying outside the City of Lynwood and the injury occurred in Zip Code 90009 may be filed only in the Compton Courthouse, the County Courthouse or the Beverly Hills Courthouse.
(3) Mandatory Filing of Criminal and Traffic Cases. Every indictment by a Grand Jury shall be filed in Department 100 in the Central District. Every criminal complaint shall be filedwithin the Superior Court judicial district, as delineated on the Maps of Superior Court Districts following these Rules, where the offense is alleged to have occurred. Within a judicial district, criminal complaints shall be filed at the courthouse handling criminal matters which serves the city or unincorporated area where the offense is alleged to have occurred. The Supervising Judge of the Criminal Division may, upon written application setting forth good cause, permit a case or a class of cases to be filed in a district or at a courthouse other than in accordance with this rule.
(Rule 2.0(b) [new and effective 11/01/2000, 1/1/2001, 7/1/2001, 1/1/2002, Zip Code & Courthouse List moved to Appendix A, amended and effective 1/1/2003 (b)(1)&(2) amended, (3) added 7/1/03 & amended 1/1/06] amended and effective 1/1/08.)
 
(c) Optional Filing. Except as set forth in subdivision (b) above, an action or proceeding of general or unlimited jurisdiction may be filed in the Central District or may be filed in a district other than the Central District in the following cases:
Abandonment, where petitioner resides;
Adoption, where petitioner resides;
Civil Harassment, where one or more of the parties litigant reside;
Consent to adoption outside California, where consentor resides;
Conservator, where petitioner or conservatee resides;
Contract, where performance is required by an express provision or where defendant resides;
Criminal, where one of the offenses was committed;
Dissolution of marriage, where petitioner or respondent resides;
Domestic Violence, where one or more of the parties reside(s) or in any district necessary to ensure the safety of the requesting party;
Eminent domain or inverse condemnation, where the property is located;
Family Law Miscellaneous Complaints or Petitions, where one or more of the parties litigant reside;
Forcible entry, where the property is located;
Foreign Custody (Family Law), where one or more of the parties litigant reside;
Foreign Support (Family Law), where one or more of the parties litigant reside;
Guardianship, where petitioner or ward resides;
Habeas corpus, no action pending where the person is held;
Legal Separation (Family Law), where one or more of the parties litigant reside;
Mandate, where the defendant functions wholly therein;
Name change, where the petitioner resides;
Personal property, where the property is located;
Probate, where decedent resided or petitioner resides;
Prohibition, where the defendant functions wholly therein;
Receivership, where the defendant functions wholly therein;
Review, where the defendant functions wholly therein;
Small claims appeal, where the lower court is located;
Title to real property, where the property is located;
Tort, where the cause of action arose;
Transferred action, where the lower court is located;
Unlawful detainer, where the property is located;
Voiding of marriage, where petitioner or respondent resides.
(Rule 2.0(c) [1/1/94, 1/1/2000, 11/01/00, 7/1/2001] amended and effective 7/1/2004.)
 
(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 documents 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 1/1/08.)
 
(f) Transfer.
(1) Whenever, in the opinion of the Presiding Judge, the calendar in any district, including the Central District, has become so congested as to jeopardize the right of a party to a speedy trial or to materially interfere with the proper handling of the judicial business in the district, or for the convenience of witnesses or to otherwise promote the ends of justice, he/she may order the transfer of one or more cases pending in that district to another district for trial, or may order that those cases which are by these Rules to be filed in that district shall be filed in a different district.
(2) The Supervising Judge of the Civil Division may for the convenience of witnesses or to promote the ends of justice, transfer a civil case from one district to another. Motions to transfer a civil action from one district to another, including motions based upon a failure to file the case in accordance with the requirements set forth in this Chapter, shall be made in Department 1 in the Central District.
(3) The Supervising Judge of the Criminal Division may, for the convenience of witnesses or to promote the ends of justice, transfer a criminal case from one district to another. Motions to transfer a criminal action from one district to another, including motions based upon a failure to file the case in accordance with the requirements set forth in this Chapter, shall be made in Department 100 in the Central District.
(4) The Supervising Judge of the Family Law Division may, for the convenience of witnesses or to promote the ends of justice, transfer a family law case from one district to another. Motions to transfer a family law action from one district to another, including motions based upon a failure to file the case in accordance with the requirements set forth in this Chapter, shall be made in Department 2 in the Central District.
(5) The Presiding Judge of the Juvenile Court Division may, for the convenience of witnesses or to promote the ends of justice, transfer a juvenile case from one district to another. Motions to transfer a juvenile case from one district to another, including motions based upon a failure to file the case in accordance with the requirements set forth in this Chapter, shall be made in Department 400 in the Central District.
(6) The Supervising Judge of each District may permit probate, guardianship and conservatorship matters to be filed in his or her district that would otherwise have to be filed under this Chapter in a different district.
(Rule 2.0(f) [as (e) 1/1/94, 7/1/98, 7/1/06] renumbered and effective 1/1/08.)
 
(g) Master Calendar Departments. The following departments are designated as master calendar courts:
1. Department 1 - Central Civil;
2. Department 100 - Central Criminal;
3. Division 20 U - Central Unlawful Detainers;
4. Courts of the supervising judges of the probate, family law, juvenile and mental health departments, and courts of the supervising judges in districts other than the Central District;
5. Other departments that shall be designated from time to time by order of the presiding judge, or his/her designee, including supervising judges.
In the event the presiding judge, or his/her designee, designates a department as a master calendar, such information shall be posted in the office of the Clerk and on the court's official website at: http://www.lasuperiorcourt.org.
Pursuant to Code of Civil Procedure section 170.6(a)(2), any challenges to the judge trying a cause, must be made to the judge supervising the master calendar no later than the time the cause is assigned for trial.
(Rule 2.0(g) [as (f) added 1/1/06] renumbered and effective 1/1/08.)
(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, 1/1/08] amended and effective 1/1/09)
 
2.1 MOTION FOR CHANGE OF VENUE
(a) Reference California Rules of Court, rule 3.1326.
(Rule 2.1(a) [1/1/94] amended and effective 1/1/08.)
 
(b) Applicability. This rule applies only to proceedings under Code of Civil Procedure sections 527.6, 527.7, 527.8, the Family Code, the Probate Code, the Welfare and Institutions Code and the Penal Code and all other criminal proceedings, and eminent domain proceedings.
(Rule 2.1(b) [newly added July 1, 2000] amended and effective 1/1/2003.)
 
(c) Multiple defendants. A declaration in support of a motion for change of venue to the residence of the moving defendant must show that venue is not properly fixed as to any other named defendant or that such other defendant is only joined for the purpose of fixing venue.
(Rule 2.1(c) [originally (b) 1/1/94] renumbered and effective July 1, 2000.)
 
(d) Attorney's Fees. Upon the hearing of a motion for change of venue on the grounds stated in Section 395 of the Code of Civil Procedure, the Court may order the payment of reasonable expenses and attorney's fees to the prevailing party. If fees are requested, the amount sought must be supported by a declaration detailing the manner of calculation.
(Rule 2.1(d) [originally (c) 1/1/94] renumbered and effective July 1, 2000.)
 
(e) Change for convenience of witnesses. A motion for change of venue based upon the convenience of witnesses and in the interest of justice may be made only after an answer is filed. Such motion must be accompanied by a declaration setting forth the following minimum information:
(1) Identification. The name and address of each prospective witness to be called by all parties to the action so far as known to the moving party;
(2) Significance of Witness. The anticipated testimony of each prospective witness or the nature of the witness' relationship to the action, so that the significance of the witness' presence at trial might be fairly considered by the court;
(3) Completed Discovery. Whether or not such prospective witness has been deposed, answered interrogatories, or provided any person with a statement concerning the incident in question. If any such record exists, the moving party should make specific reference to it.
(4) Further Discovery. Whether or not the moving party has completed discovery proceedings and, if not, what further discovery will be required and where and by what means it will be accomplished.
(Rule 2.1(e) [originally (d) 1/1/94] renumbered and effective July 1, 2000.)
 
(f) Arrangements for transfer. If the motion is granted, it is the moving party's responsibility to ensure that the Clerk's office accomplishes the transfer within a reasonable time, and it is the moving party's responsibility to pay any fees that may be due.
(Rule 2.1(f) [originally (e) 1/1/94] renumbered and effective July 1, 2000.)
(Rule 2.1 [1/1/94, new subs. (b) added, original (b) through (e) renumbered 1/1/2000, 1/1/03] amended and effective 1/1/08.)
 
2.2 DIVISIONS
All departments in the Central District designated by the Presiding Judge to hear criminal cases, and all departments in any other district designated by the Supervising Judge of that district to hear criminal cases, shall be designated as the Criminal Division of the Los Angeles Superior Court.
All departments in the Central District designated by the Presiding Judge to hear civil cases, and all departments in any other district designated by the Supervising Judge of that district to hear civil cases shall be designated as the Civil Division of the Los Angeles Superior Court.
All departments in the Central District designated by the Presiding Judge to hear family law cases, and all departments in any other district designated by the Supervising Judge of that district to hear family law cases shall be designated as the Family Law Division of the Los Angeles Superior Court.
All departments in the Central District designated by the Presiding Judge to hear probate cases, and all departments in any other district designated by the Supervising Judge of that district to hear probate cases shall be designated as the Probate Division of the Los Angeles Superior Court.
All departments within the Los Angeles Superior Court designated by the Presiding Judge to hear juvenile court cases shall be designated as the Juvenile Court Division of the Los Angeles Superior Court.
(Rule 2.2 effective 1/1/94.)
 
2.3 SUPERVISING JUDGES, CIVIL AND CRIMINAL DIVISIONS
(a) Civil Division. The Supervising Judge of the Civil Division shall preside in Department One of the Central District and shall be an ex officio member of the Executive Committee (Rule 1.5(o)). Subject to the approval of the Executive Committee and the Presiding Judge, the Supervising Judge of the Civil Division shall be responsible for the establishment of uniform procedures and court policy relative to civil matters which shall be applicable to all courts hearing civil matters.
(Rule 2.3(a) new and effective 1/1/2003.)
 
(b) Criminal Division. The Supervising Judge of the Criminal Division shall preside in the Criminal Master Calendar Department of the Central District and shall be a member and chair of the Committee on Criminal Court Matters and ex officio member of the Executive Committee (Rule 1.5(o)). Subject to the approval of the Committee on Criminal Court Matters, the Executive Committee, and the Presiding Judge, the Supervising Judge of the Criminal Division shall be responsible for the establishment of uniform procedures and court policy relative to criminal matters which shall be applicable to all courts hearing criminal matters.
(Rule 2.3 [1/1/94] numbered as subdivision (b), amended and effective 1/1/2003.)
(Rule 2.3 [1/1/94] amended and effective 1/1/2003.)
 
2.4 CENTRAL DISTRICT DEPARTMENTS
(a) Designation by Presiding Judge
The Presiding Judge shall designate the location of the courts in the Central District. The Presiding Judge may designate certain of the courts in the Central District as comprising a Department of the Court. There shall be such Departments of the Court as the Presiding Judge shall deem appropriate, including (if he/she deems appropriate), but not limited to, the following:
Appellate Division,
Attachments and Writs of Possession Department
Class Action Department,
Criminal Master Calendar Department,
Eminent Domain Department,
Family Law Department,
Juvenile Department,
Mental Health Department,
Probate Department,
Supplemental Proceedings Department,
Traffic Department,
Writs and Receivers Department.
(Rule 2.4(a) [1/1/94] amended and effective July 1, 2000)
 
(b) District Departments The Presiding Judge may designate for a district, other than the Central District, one or more departments similar to the foregoing departments, other than an appellate division. The Presiding Judge may assign to the Assistant Presiding Judge or to the Supervising Judge of a particular district the responsibility to make these designations.
(Rule 2.4(b) [1/1/94, 1/1/2000] amended and effective July 1,2000.)
(Rule 2.4 [1/1/94, 1/1/2000] amended and effective July 1,2000.)
 
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.
(1) Appellate Division. All appeals from judgments entered in any misdemeanor, infraction or limited civil case in Los Angeles County (except appeals from small claims judgments), as well as petitions for writs of mandate, prohibition and review (certiorari) in any misdemeanor, infraction or limited civil case, must be heard in the Appellate Division of the Superior Court in the Central District, Room 607. (Code Civ. Proc., §§ 1068(b), 1085(b) and 1103(b).)
(Rule 2.5(a)(1) [1/1/95] amended and effective 7/1/2001.)
(2) Department 70.
a) Writ of Habeas Corpus Hearing. Each judge assigned to the Appellate Division is also assigned to Department 70 of the Central District, Room 607. Petitions for writ of habeas corpus that are properly filed in conjunction with an appeal pending in the Appellate Division shall be heard by one judge, assigned on a rotating basis, from those judges sitting in Department 70.
b) Evidentiary Hearing. If an evidentiary hearing is granted for a writ of habeas corpus, the Supervising Judge of the Criminal Division, upon the request of the assigned Department 70 judge, may transfer the matter to a trial court for the hearing and findings of fact as directed by the transfer order. (See LASCR, Rule 11.10.)
(Rule 2.5(a)(2) [1/1/95] amended and effective 7/1/2001.)
 
(b) Criminal Master Calendar Department.
(1) Coram nobis, petition;
(2) Exhume a body for criminal investigation:
(3) Habeas corpus, person held for extradition;
(4) Mandate or prohibition to a magistrate in matters arising in felony prosecutions, prior to preliminary examination;
(5) Propria personam privileges at variance with the adopted schedule;
(6) Sexually violent predator trials.
(Rule 2.5(b) [1/1/94, 7/1/2001] amended and effective 1/1/2002.)
 
(c) Certain Proceedings in Other Criminal Departments.
1) Insanity and Mental Competency Trials and Hearings in Felony Cases. All insanity trials or hearings arising from a felony criminal case pursuant to Penal Code sections 1026, 1026.2, 1368 and 1372 shall be heard in the criminal department wherein the criminal case is set for trial, unless otherwise ordered by the Supervising Judge, Criminal Division. (Effective 7/1/94.)
2) Mentally Disordered Sex Offender Proceedings in Felony Cases. Proceedings related to care, supervision, treatment or restraint of mentally disordered sex offenders under now repealed Section 6300 of the Welfare and Institutions Code shall be heard and determined in the Criminal Department, and may be calendared in any manner that the Supervising Judge of the Criminal Division may designate. (Effective 7/1/94.)
(Rule 2.5(c)3) Modification, Termination or Revocation of Probation [Ref. Rule 6.30] deleted and effective 7/1/2001)
 
(d) Supplemental Proceedings.
(i) Department 1A. In other than Eminent Domain or Family Law proceedings the following actions, proceedings and procedures in the Central District for unlimited actions only unless otherwise stated below are assigned to Department 1A:
(1) Enforcement of Judgment Proceedings. All enforcement of judgment proceedings [with the exception of contempts, appointment of receiver after judgment and motions requiring discovery rulings]; examples of matters heard are:
- Application for post judgment examination hearings for unlimited and limited actions including small claims
- Debtor examination hearings for unlimited and limited, including small claims actions
- Third party examination hearings for unlimited, and limited, including small claims actions
- Court order of sale for real property dwelling pursuant to writ of execution
- Claims of exemption hearings
- Hearing on third party claims pursuant to writ of execution
- Motions for assignment orders
- Charging orders
- See also Code of Civil Procedure sections 680.010 through 720.800
(2) Other Proceedings.
- Escheat, hearings on petitions for relief
- Ex Parte orders shortening time in Department 1
- In Forma Pauperis applications for civil limited and unlimited actions (except Family Law and Probate) and for appeals to the appellatecourt
- Name change, petitions and hearings (See Rule 9.23)
- Newspaper, petition to establish standing
- Petition for confidentiality of voter information (Elections Code, § 2166)
The above listed matters are assigned to the departments designated by the Supervising Judge in districts other than Central.
(ii) Department 97 for both limited and unlimited cases:
(1) Publication of summons, application and orders for (See Rule 9.23)
(2) Service on Secretary of State of summons on corporation, application and orders for
(3) Guardian ad Litem appointments. This does not include petitions for general guardianships, which are assigned to Probate. Disputes over appointments and petitions for appointment of guardian ad litem for a party by an opposing party are assigned to the I/C courts in the Central District.
(4) Unlawful detainer (limited) motions:
- Motion to vacate and set aside judgment
- Arrieta claim (of right to possession)
- Motion to strike
- Motion to quash service of summons and complaint
- Motion for summary judgment
- Motion to compel production
- Motion to compel responses to interrogatories
- Motion to compel deposition
- Motion to dismiss
- Motion to transfer
- Motion to change venue
- Miscellaneous motions
(5) Civil (limited) post-judgment motions:
- Claim of exemption
- Motion for assignment order
- Motion to vacate and set aside judgment
- Miscellaneous motions
(6) Small claims motions:
- Claim of exemption
(7) Ex parte applications:
- Pre-judgment unlawful detainer ex parte applications
- Small claims ex parte application
(8) Hearings on minor's compromise (civil limited)
(9) Default prove-up hearings (civil limited)
(Rule 2.5(d) [1/1/95, 1/1/97, 1/1/2000] amended and effective 7/1/2002.)
 
(e) Eminent Domain Department. In an eminent domain action:
- Costs, motion to tax;
- Demurrer;
- Discovery motions;
- Motions, any;
- Pretrial, all proceedings.
- In the Central District, trial of any issue bifurcated for early trial in an eminent domain case shall be tried in accordance with an agreement between the I/C judge and the judge assigned to the Eminent Domain Department.
(Ref. LASCR, Rules 7.2(b) and 16.11(a).) (Effective 1/1/95.)
 
(f) Family Law Department.
- All matters arising under the Family Code, excluding emancipation of minors and adoption.
- Guardianship of children when parents have pending matters in the Family Law Court.
- Civil harassment petitions (Dept. 8).
(Rule 2.5(f) [7/1/2001] amended and effective 1/1/2005.)
 
(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 1/1/08.)
 
(h) Mental Health Department.
Civil Commitment Proceedings - Non-Lanterman-Petris-Short Act (LPS)
-Mental Retardation Commitments and Re-commitments (Welfare & Institutions Code, § 6500) Arraignment, Pretrial, Trial, Commitment, Change of Placement Hearing, Writ of Habeas Corpus, Judicial Review
- Developmentally Disabled Commitments (In re Hop) Arraignment, Pretrial, Trial, Commitment, Change of Placement Hearing, Writ of Habeas Corpus, Judicial Review
-In re Roger S. Pre-commitment hearing, Roger S.-Findings, Writ of Habeas Corpus
Lanterman-Petris-Short Act Commitments and Ancillary Proceedings
-Site-based Certification Review Hearings (Doe vs. Gallinot (Welfare & Institutions Code, § 5256)
-Site-based medication capacity hearings (Welfare & Institutions Code, § 5332)
-Appeal of medication capacity findings and order (de novo hearing in superior court) (Welfare & Institutions Code, § 5334(e)(1))
-Writ of Habeas Corpus (Welfare & Institutions Code, § 5275) for 14-day, 30-day, temporary conservatorship
-ECT Capacity Hearing (Welfare & Institutions Code, §§ 5326.7, 5326.75) (superior court hearing) Pre Trial, Trial, Order
-Mentally disordered person Dangerous to Others (Welfare & Institutions Code, § 5300) Arraignment, Pretrial, Trial, Commitment, Release to Community Outpatient Treatment, Revocation, Reinstatement to Community Outpatient Treatment
-Ex Parte Order for Temporary Conservatorship on Petition by County Mental Health Director/Public Guardian
-Conservatorship (Welfare & Institutions Code, § 5350) Arraignment, Pretrial, Trial, Commitment, Judicial Reviews/investigations, Change of Placement Hearing, Rehearing on status as conservatee, Rehearing on Rights/Disabilities, Reappointment hearing
-Accountings
Criminally Related Proceedings
-Incompetency referral for misdemeanors only and for felonies prior to or at the preliminary hearing (Pen. Code, § 1367 et seq.) Arraignment, Pretrial, Trial, Commitment or Return to Referring Court, Writ of Habeas Corpus, Judicial Review, Revocation Hearing CONREP,  Revocation of CONREP, Restoration to Competency (Pen. Code, § 1372);
-Mentally Disordered Offenders (Pen. Code, § 2972) Arraignment, Pretrial, Trial Commitment, Writ of Habeas Corpus, Judicial Review, Admission to CONREP, Revocation of CONREP, Reinstatement to CONREP
- Mentally Disordered Sex Offenders (former Welfare & Institutions Code, § 6300) Arraignment, Pretrial, Trial, Commitment, Writ of Habeas Corpus, Judicial Review, Admission to CONREP, Revocation of CONREP, Reinstatement to CONREP
-Narcotic Commitments (Welfare & Institutions Code, §§ 3050, 3051) Arraignment, Pretrial, Trial, Commitment
-Extensions of Commitment and Re-commitment to California Youth Authority (Welfare & Institutions Code, § 1800) Arraignment, Pretrial, Probable Cause Hearing, Trial
-Commitment, Judicial Review
-Extensions and Re-commitments of Not Guilty by Reason of Insanity (Pen. Code, § 1026.5(b)) Arraignment, Pretrial, Trial, Commitment, Writ of Habeas Corpus, Judicial Review, Admission to CONREP, Revocation of CONREP
-Restoration to Sanity (Pen. Code, § 1026.2)
-Sexually violent predators, pre-trial and post-trial issues (assigned to Department 95B)
Miscellaneous Proceedings
-Firearms- Returns/ Restoration of Right to Own, Possess, Control, Etc. (Welfare & Institutions Code, §§ 8100, 8102, 8103) For persons placed on 14-day holds and Temporary conservatorship.
(Rule 2.5(h) [as (g) 1/1/99, 1/1/2001, 7/1/01] renumbered and effective 1/1/08.)
 
(i) Probate Department. All actions, proceedings and procedures arising under the probate code.
Any other action, proceeding or procedure which by statute is to be heard in the probate department or by a judge hearing probate matters. (See, e.g., proceedings to establish record of birth, death or marriage under Health & Safety Code, § 10550 et seq.)
Compromise of minor's claim prior to trial; but only if the judge who participated in a conference at which the compromise was accomplished is unavailable -otherwise the matter is to be heard and determined by such judge; provided, however, that if the court makes an order under Probate Code section 3602 or 3611 that money be put in a special needs trust in satisfaction of a claim and/or judgment for the benefit of a minor or an incompetent person, the terms of the trust shall be reviewed and approved by the Probate Department.
All proceedings to make a withdrawal from an account blocked for the benefit of a minor or an incapacitated person.
(Rule 2.5(i) [originally as (h) 1/1/95] renumbered and effective 1/1/08.)
 
(j) Writs and Receivers Department.
(1) The following proceedings, when filed in or transferred to the Central District, are assigned to Department 85 or to Department 86 for all purposes:
- Cemetery, petition to replat or vacate (Health and Safety Code, §§ 8701-8715);
- Common Interest Development, petition to reduce votes required to amend declaration of covenants and restrictions (Civil Code, § 1356);
- Contempt, order to show cause and trial (see Rule 9.7);
- Corporations, petition to take jurisdiction over voluntary winding up (Corp. Code, § 1904), involuntary winding up of corporation (Corp. Code, § 1806), after a decree or stipulation of winding up, and petition to fix value of shares (Corp. Code, § 2000);
- Declaratory relief, when joined with a petition for a writ of review, mandate or prohibition;
- Director, petition to appoint provisional director (Corp. Code, § 308);
- Director, petition to determine election (Corp. Code, § 709);
- Insurance company, insolvency proceedings;
- Late claim proceeding (Gov. Code, § 946.6), unless the underlying case has been filed and is pending, in which case the petition is to be heard in the department to which the underlying case is assigned;
- Law practice, assumption of jurisdiction over (Bus. & Prof. Code, §§ 6126.3, 6180.2 and 6190)
- Limited liability company, petition ordering winding up (Corp. Code, §§ 17352(b), 17353(b));
- Limited partnership, petition ordering winding up (Corp. Code, § 15683);
- Mandate, all matters pertaining thereto (except those assigned to the Appellate Division by subsection (a)(1) of this rule);
- Partnership, application for judicial supervision of winding up (Corp. Code, § 16803);
- Prohibition, all matters pertaining thereto (except those assigned to the Appellate Division by subsection (a)(1) of this rule);
- Review, petition for writ, all matters pertaining thereto (except those assigned to the Appellate Division by subsection (a)(1) of this rule);
(2) In all civil actions that are assigned for all purposes to an unlimited jurisdiction trial department in the Central District, the following procedures are to be noticed and heard in Department 85 or Department 86:
a) An application for an order to show cause re preliminary injunction, with or without a temporary restraining order, in an unlimited civil case, made before the initial status conference or case management conference has been held in the trial department to which the case has been assigned for all purposes;
b) An application for an order shortening time to make a motion for a preliminary injunction in an unlimited civil case, made before an initial status conference or case management conference has been held in the trial department to which the case has been assigned for all purposes;
c) An application for the appointment of a receiver and all matters pertaining thereto, except the appointment of a receiver pursuant to a provision for the assignment of rents and profits contained in a deed of trust;
d) A demurrer or motion that is heard while an application for a preliminary injunction or the appointment of a receiver is pending in Department 85 or 86.
(3) An application for the appointment of a receiver pursuant to a provision for the assignment of rents and profits contained in a deed of trust, and all matters pertaining thereto, are assigned to Department 59 or Department 66. If a receiver is appointed by either of those departments, the causes of action in the underlying complaint for judicial foreclosure or specific performance of a provision in a deed of trust for assignment of rents and profits, are assigned for all purposes to Department 59 or Department 66, notwithstanding other provisions of these rules.
(4) A noticed motion for a preliminary injunction in which an order shortening time is not sought, or is sought and denied, is to be heard in the civil department to which the case is assigned for all purposes.
(5) An application for a preliminary injunction, with or without a temporary restraining order, and with or without an application for an order shortening time, made after an initial status conference or case management conference has been held, is to be heard in the civil trial department to which the case is assigned for all purposes.
(6) An application for a preliminary injunction, with or without a temporary restraining order, in a limited jurisdiction case, is assigned to the department to which the limited jurisdiction case is assigned.
(7) A motion to dissolve or modify a preliminary injunction, made after an initial status conference or case management conference has been held, is assigned to the civil trial department to which the case is assigned for all purposes.
(8) An application for an injunction in connection with a civil harassment petition (Code Civ. Proc., §§ 527.6 & 527.8), with or without a temporary restraining order, is assigned to Department 76 (see subsection (g) of this rule).
(Rule 2.5(j) [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 1/1/08.)
 
(k) Class Actions.
All class actions shall be filed in Central District (see LASCR, Rule 2.0(b)). Class actions are assigned to the judge in the Central District designated by the Presiding Judge. Such designated judge shall review each class action case to determine if it should be considered complex pursuant to California Rules of Court, rule 3.400. The class action case will thereafter be re-assigned to an appropriate Central District department for all proceedings connected with the case.
(Rule 2.5(k) [Original Class Actions Department REPEALED in conformance with CRC, as new subdivision (j) transferred from 15.1, 7/1/2002, 7/1/03] renumbered, amended and effective 1/1/08.)
 
(l) Asbestos Litigation. The Los Angeles Asbestos Litigation has been determined to be complex litigation within the meaning of California Rules of Court, Standards of Judicial Administration, Standard 3.10. A file entitled "In re Los Angeles Asbestos Litigation-General Orders," File No. C 700000, has been established by the Court. All orders issued and filed in said general order file shall apply to the entire Los Angeles Asbestos Litigation.
(Rule 2.5(l) Asbestos Department [originally as (k) 1/1/94] renumbered, re-titled, amended and effective 1/1/08.)
(m) Conciliation Department. All matters referred.
(Rule 2.5(m) Conciliation Department [originally as (l) 1/1/94] renumbered and effective 1/1/08.)
 
(n) Juvenile Department.
- Emancipation of minors, petition for;
- Habeas corpus, minor under 18, under arrest, petition for;
- Juvenile Court Law, proceedings under the;
- Medical treatment for minors, petition to provide;
- Parental custody and control, petitions to free a minor from, filed by Department of Adoptions and proceedings to determine the necessity of parental consent directly related thereto;
(Rule 2.5(n) Juvenile Department [originally as (m) 1/1/94] renumbered and effective 1/1/08.)
 
(o) Attachments and Writs of Possession Department.
- Attachment, application for and other proceedings in connection with;
- Possession, application for writ of and other proceedings in connection with.
(Rule 2.5(o) Attachments and Writs of Possession Department [originally as (n) 1/1/94] renumbered and effective 1/1/08.)
 
(p) Long Cause Cases. A long cause case is defined as one that will take at least twenty court days to try, excluding jury selection and jury deliberation.
(1) Assignment of case for trial. Long cause cases are the primary responsibility of the judicial officer assigned the case in the district of origin. If the case cannot be tried in the district of origin, the case may be transferred to the Supervising Judge in Central Civil West for assignment to a trial judge.
(2) Screening of case. Each case will be screened by the judicial officer assigned to the case and by the Supervising Judge or his/her designee, to determine if the case meets the duration requirement.
(3) No case will be transferred until all of the following have occurred:
a) All discovery, including expert discovery, has been concluded;
b) All motion practice has been concluded, except motions in limine;
c) The case is completely ready for trial.
(4) The Supervising Judge in Central Civil West shall also screen the case to ensure that the case meets the duration requirement. If the case does not, then the case shall be sent back to the Supervising Judge or his/her designee. (Rule 2.5(p) as (o) new and effective 1/1/99.)
(5) Each Assigned Judge shall have prepared a daily activity minute order reflecting the judge's activity for that day. A copy of the daily activity minute order shall be sent each day via E-mail to the Assistant Presiding Judge and a copy shall be sent to the Supervising Judge in Central Civil West. (Rule 2.5(p)(5) as (o)(5) new and effective 7/1/99.)
(Rule 2.5(p) Long Cause Cases [originally as (o) 1/1/99, 7/1/99] renumbered and effective 1/1/08.)
(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 (p) Temporary Restraining Order & Preliminary Injunction Central District REPEALED 1/1/08] renumbered, amended and effective 1/1/08.)
 
2.6 COURT COMMUNICATION PROTOCOL FOR DOMESTIC VIOLENCE AND CHILD CUSTODY ORDERS
(a) Purpose. This rule sets forth the court communication protocol for Domestic Violence and Child Custody Orders as required by the California Rules of Court. This protocol is intended to avoid the issuance of conflicting orders when possible, and to permit appropriate visitation between a restrained person and his or her child while providing for the safety of all victims and witnesses. Furthermore, the best interests of the child, litigants and the court are promoted by early identification and coordination of proceedings involving the same child or the child's caretaker(s). To that end, this rule is also designed to ensure that all bench officers have information about the existence of overlapping cases. This rule recognizes the statutory requirement that criminal protective orders have precedence of enforcement over all other contact orders; however, it acknowledges that there are situations where it is appropriate to permit visitation between a criminal defendant and his or her child.
 
(b) Notice of Pending Cases and Orders.
1) Court Inquiry. Before issuing a criminal or non-criminal protective order, or a custody or visitation order, the court should inquire of the parties and the attorneys whether there are any cases in Los Angeles Superior Court in which there are criminal or civil protective orders, or custody and visitation orders that involve the child of the parties in the current case.
2) Attorneys and Self-Represented Parties in Dependency, Family and Probate Cases. All attorneys and self-represented parties involved in dependency, family law, and probate cases shall inform the court about any cases in another court in which there are criminal or non-criminal protective orders or custody and visitation orders that involve the child of the parties in the current case. The information shall be provided to the clerk on the appropriate Judicial Council form or on Los Angeles Superior Court Form UCF 001, Notice of Other Cases Involving Minor Children (LASC Local Rule 2.6).
3) Prosecuting Attorneys. Pursuant to Penal Code section 273.75, the district attorney or city attorney shall investigate whether there are any criminal or civil protective orders or custody and visitation orders that involve a child of a participant in a domestic violence charge. Prosecuting attorneys shall inform the court whether or not there are any existing orders by submitting the appropriate Judicial Council form or on Los Angeles Superior Court Form UCF 001, Notice of Other cases Involving Minor Children (LASC Local Rule 2.6) to the clerk in the case.
(Rule 2.6(b) [7/1/05] (2) & (3) amended and effective 1/1/06.)
 
(c) Communication Between Courts.
1) Communication Regarding Existing Cases in Other Departments. When any court becomes aware of the existence of another case involving the same child, the court staff in that court shall notify the appropriate court staff in the other court. Court administrators shall ensure that the appropriate trial courts receive written notice of overlapping cases. Prior to conducting a hearing in the matter, the trial judge will review the overlapping orders, if appropriate. Notice will be provided to the parties of the overlapping orders reviewed by the judicial officer.
2) Communication Regarding Protective Orders.
i) Criminal Protective Orders. When the criminal court issues a protective order against a defendant who has a pending dependency, family, or probate case, the criminal court shall send a copy of the protective order to the appropriate court administrator who will send it to the trial court with the overlapping case.
ii) Temporary or Permanent Non-Criminal Restraining Orders. When either the Family Court or Dependency Court issues a temporary or permanent restraining order and the restrained person or the protected person has another pending dependency, family, probate, orcriminal case, the Family Court or Dependency Court shall send a copy of the protective order to the appropriate court administrator who will send it to the trial court with the overlapping case.
(Rule 2.6(c) [7/1/05] "1)" amended and effective 1/1/06.)
 
(d) Modification of Criminal Protective Orders.
1) Notice to Criminal Court. When a criminal court protective order exists and a judicial officer in another court has a case in which he or she determines that it is appropriate to permit visitation different than that provided for in the criminal protective order, the court clerk for that judicial officer shall contact the court clerk for the judicial officer currently assigned to the criminal case to inform the criminal court that a modification is requested. The criminal court clerk shall notify the clerk of the judicial officer who is requesting the modification that his or her request and proposed modification have been received.
2) Notice to Parties. The criminal court shall notify in writing all parties to the criminal case about the modification request and the proposed modification. If, within 15 days of mailing or other delivery of notice, there is no objection to the proposed modification, the criminal protective order shall be modified as requested. If the criminal court or either party in the criminal case objects to the proposed modification, the criminal court shall set a hearing to be heard within 30 days. The criminal court shall provide notice of the hearing to the parties in its case, as well as to the judicial officer requesting the modification who, in turn, shall provide notice to all parties to the juvenile, family or probate case. All noticed parties may be heard at the modification hearing. The criminal court shall notify the requesting court of its ruling on the proposed modification.
(Rule 2.6(d) [7/1/05] "2)" amended and effective 1/1/06.)
 
(e) Definition. A child is a "child of the party" if that party is a biological parent, has legal or physical custody or is a legal guardian or the child regularly resides with the party.
(Rule 2.6 [originally, COORDINATION OF CUSTODY PROCEEDINGS 1/1/94, 7/1/94, 7/1/99, title and text REPEALED, new title and text added and effective 7/1/05] amended and effective 1/1/06.)
 
2.7 CONFIDENTIALITY OF CONCILIATION DEPARTMENT (COURT) PROCEEDINGS
See Rule 14.5.
(Rule 2.7 [1/1/94] REPEALED 1/1/95.)
 
2.8 RESERVED
(Rule 2.8 "BRIDGE" RULE FOR LOS ANGELES COUNTY SUPERIOR AND MUNICIPAL COURTS [10/1/98, 4/1/2000] REPEALED 11/01/00.)
Chapter 3 Judgments And Post-Judgment Orders
3.0 JUDGMENTS (See Also LASCR, Rule 8.96)
(a) Original and Copy
(b) Court Trustee
(c) Execution by Clerk of Documents
(d) Entry of Judgments, Orders and Decrees
(e) Possession Plus Money
(f) Forms
3.1 POST-JUDGMENT ORDERS
(a) Application for Money Deposited, Code Civ. Proc., §§ 708.710 - 708.795
(b) Property Otherwise Deposited
(c) Execution on Installment Order or Judgment
3.2 ATTORNEY'S FEES
(a) Contract Provision or Note
(b) Mortgage or Trust Deed
(c) Foreclosure of Assessment or bond lien
(d) Itemization as to Extraordinary Services
(e) Services Benefitting a Minor
3.3 APPLICATION FOR RECONSIDERATION OF, TO VACATE, OR TO ENTER NUNC PRO TUNC ORDERS
3.4 JUDGMENTS DEBTOR PROCEEDINGS
(a) Application
(b) Proof of Service
(c) Failure To Appear At Hearing By Applicant
(d) Failure to Appear At Hearing By Citee
(e) Continuance
(f) Claims Of Non-Service
(g) Claims That Statements In The Application Are Untrue
(h) Examination After Voluntary Appearance
3.5 WRITS OF EXECUTION, POSSESSION AND SALE
3.6 WRIT OF EXECUTION ON A DWELLING
(a) Application for an order for sale of a Dwelling requires competent evidence of the following
(b) Order
(c) Notice of Right to Rehearing
 
3.0 JUDGMENTS (See Also LASCR, rule 8.96)
(a) Original and Copy. Whenever a proposed judgment is submitted to the court, the original shall be accompanied by a complete, legible copy. If the judgment provides for the payment of child support through a public officer, the original of the proposed judgment shall be accompanied by three copies thereof.
 
(b) Court Trustee. The Auditor-Controller of the County of Los Angeles is hereby designated as the officer of the county to whom support payments shall be made when the court orders such payments to be made through a court trustee.
 
(c) Execution by Clerk of Documents. If a judgment awards real or personal property and the necessary documents for the transfer are not at that time executed, the execution of such necessary documents by the proper party shall be ordered. In such case, the Clerk of the Court, or his/her designee, on order of the court, shall have the authority to execute such necessary documents, as are specified in the court’s order, in the event of the failure of the obligated party to do so within a specified period of time.
 
(d) Entry of Judgments, Orders and Decrees. Judgments, orders and decrees rendered by the court, which are required by law to be entered, shall be entered by the clerk in judgment books kept by him/her either in the Public Services Division, of the Central District, or the clerk’s office in each of the several districts. The judgment, order or decree shall be entered in the judgment books in the district wherein the same was rendered and no other entry thereof shall be required.
 
(e) Possession Plus Money. If plaintiff seeks recovery of both an amount owed and goods in which plaintiff holds a security interest to secure payment of the amount owed, the judgment should provide that sale of the goods should first take place pursuant to U.C.C. Section 9504 and thereafter the proceeds of the sale should be credited against the normal amount owed prior to issuance of a writ of execution on the balance of the amount owed.
 
(f) Forms. Judgment forms should be used whenever appropriate. A specially prepared judgment, if appropriate in form and content, is acceptable. When a lengthy or detailed judgment is necessary, or when different relief is sought against different defendants, a specially prepared judgment should be used.
(Rule 3.0 [1/1/94] amended 7/1/95, REPEALED in part, renumbered, and effective 7/1/98.)
 
3.1 POST-JUDGMENT ORDERS (Rule 3.1,Title amended and effective 7/1/95.)
(a) Application for Money Deposited, Code Civ. Proc., §§ 708.710 - 708.795. An application for an order for the payment of money which has been deposited with the clerk of the court pursuant to Section 708.710 et seq. of the Code of Civil Procedure shall state the amount of money and date it was deposited with the clerk, any amount previously received by the applicant and whether any claim of exemption or motion to vacate the judgment has been filed. The amount of money on deposit shall be endorsed on the application by the clerk of the court.
 
(b) Property Otherwise Deposited. An application to receive personal property or money, other than that deposited under Sections 708.710 - 708.795 of the Code of Civil Procedure, shall state when, why and by whom it was deposited; any term or condition of the deposit, the name and address of every person claiming any interest therein and the reason the claimant is entitled to receive it. The amount of money or description of the property on deposit shall be endorsed on the application by the clerk. The judge or commissioner may require the applicant to proceed by motion on notice to all interested persons.
 
(c) Execution on Installment Order or Judgment. An application for the issuance of a writ of execution as to an order or judgment for the payment of money in installments shall set out the pertinent provisions of the order or judgment, the total amount which has been paid, the amount of principal then due and the particulars as to any interest claimed. If the applicant is an assignee of the original creditor, the application shall set forth also the assignment and the date of service or notice thereof to the judgment debtor.
(Rule 3.1 [1/1/94, 7/1/95] REPEALED in part, and effective 7/1/98.)
 
3.2 ATTORNEY'S FEES
(a) Contract Provision or Note. When a promissory note or contract provides for the recovery of (or a statute authorizes the clerk to enter) a reasonable attorney fee, the following schedule shall (unless otherwise determined by the court) be applied to the amount of the new judgment exclusive of costs:
Default case:
$0.01 to $1,000, 15% with a minimum of $75.00;
$1,000.01 to $10,000, $150 plus 6% of the excess over $1,000;
$10,000.01 to $50,000, $690 plus 3% of the excess over $10,000;
$50,000.01 to $100,000, $1890 plus 2% of the excess over $50,000;
Over $100,000, $2,890 plus 1% of the excess over $100,000.
Contested case (unless otherwise determined by the court):
$0.01 to $1,000, 15% with a minimum of $100;
$1,000.01 to $10,000, $150 plus 8% of the excess over $1,000;
$10,000.01 to $50,000, $870 plus 6% of the excess over $10,000;
$50,000.01 to $100,000, $3,270 plus 4% of the excess over $50,000;
Over $100,000, $5,270 plus 2% of the excess over $100,000.
 
(b) Mortgage or Trust Deed. When a mortgage or trust deed is foreclosed which provides for the recovery of a reasonable attorney fee, the applicable fee in (a) above shall be increased by 10%.
 
(c) Foreclosure of Assessment or bond lien. When the lien of a street or other assessment or of a bond issued for the cost of a public improvement is foreclosed, the fee shall be computed as provided in 3.2(a) above of this rule, except that the minimum shall be $75.00 where only one assessment or bond is being foreclosed in the action, and $20.00 additional for the second and each additional assessment or bond.
 
(d) Itemization as to Extraordinary Services. Any application for a fee in addition to a foregoing schedule because of extraordinary services shall be accompanied by an itemized statement of the services rendered or to be rendered.
(Rule 3.2,(d),sub-title amended and effective 7/1/95.)
 
(e) Services Benefitting a Minor. No attorney’s fee for services rendered on behalf of a minor shall be allowed in any action or a contract therefor approved except upon application in open court after notice to his/her guardian and to each of his/her parents and, if the minor is over 14 years of age, to the minor also.
(Rule 3.2 [1/1/94, 7/1/95] REPEALED in part, and effective 7/1/98.)
 
3.3 APPLICATION FOR RECONSIDERATION OF, TO VACATE, OR TO ENTER NUNC PRO TUNC ORDERS
Every application for the entry nunc pro tunc or the vacation of an order or judgment after the hearing of the matter, and any motion for the reconsideration of an order as to a demurrer, motion or discovery shall be presented to the judge who made the order and if he/she is not available, to the Presiding Judge or the Assistant Presiding Judge in the Central District, or, if the case is filed in another district, (a) to the Site Judge for the courthouse in which the case is filed if the case is filed in a courthouse that has a Site Judge or (b) to the Supervising Judge for the district in which the case is filed if the case is filed in a courthouse that does not have a Site Judge.
(Rule 3.3 [1/1/94] amended and effective 11/01/00.)
 
3.4 JUDGMENT DEBTOR PROCEEDINGS
(a) Application.
(1) A natural person must be named on the order on behalf of a corporation, company, partnership or other business entity, unless the court for good cause shown in a written declaration, otherwise orders.
(2) The clerk will choose the date for appearance in accordance with LASCR, Rule 9.23.
(3) A copy of the judgment must be provided with the application.
(4) All applications must be filed in the District which entered the judgment. If judgment debtor proceedings are being conducted in the courthouse where the judgment was entered, all applications must be filed in that courthouse. If not, all judgment debtor proceedings must be filed in the courthouse in which the supervising judge is located.
(Rule 3.4(a)(4) amended and effective 11/01/00.)
 
(b) Proof of Service.
(1) After service of the notice and application, all orders issued pursuant to Code of Civil Procedure sections 708.110, 708.120, or 708.130, with proof of service, shall be filed directly with the Clerk in the assigned department no later than 4:00 p.m., three (3) Court days immediately preceding the hearing date, unless otherwise ordered by the Court.
(2) Failure to comply with this Rule will result in the proceedings being taken off calendar without costs being awarded to the party who secured the order. No further hearing shall be scheduled earlier than 120 days from the date of the originally scheduled hearing, except for good cause shown in a written declaration.
 
(c) Failure To Appear At Hearing By Applicant.
(1) If the party or attorney who procured the order fails to appear, but the person, firm, entity or corporation named in the order appears, the proceeding shall be taken off calendar without costs.
(2) No new order shall be set for hearing earlier than 120 days from the date of the originally scheduled hearing, except for good cause shown in a written declaration.
 
(d) Failure to Appear At Hearing By Citee. If the party cited in the order fails to appear at the time and place specified in the order, and the proceeding has not been dismissed or taken off calendar, a warrant for the arrest of the party may be issued, provided:
(1) The Court on the first failure to appear, except for good cause shown, shall issue and hold the warrant of arrest to the next available date and order the party requesting the warrantof arrest to give written notice to the non-appearing party informing him or her that an arrest warrant will issue if the non-appearing party does not appear for examination on the continued date.
(2) The party requesting the warrant of arrest pays forthwith the service fee required by Section 26744 of the Government Code (applies when the arrest warrant is issued and not held).
 
(e) Continuance. The hearing date for the examination of a judgment debtor or other person will not be continued except by an appearance on the date of the examination with either a valid proof of service or the presence of the person to be examined in order for the Court to retain jurisdiction.
 
(f) Claims Of Non-Service. If the party ordered to appear denies service of the order for appearance, the court shall conduct a hearing solely to determine if proper service was made. If appropriate, the Court will continue the examination to permit any party to present evidence in support or in opposition to the claim of non-service. If the Court determines that service was not made it shall immediately dismiss the proceedings without costs.
 
(g) Claims That Statements In The Application Are Untrue. When the truth of material facts set forth in the application filed in support of any order issued pursuant to Code of Civil Procedure sections 708.110, 708.120, or 708.130 is disputed by the person, firm or corporation to whom said order was directed, the Court shall first hear and determine the dispute. If it appears that material facts set forth in the application are untrue, the Court shall immediately dismiss the proceedings without costs.
 
(h) Examination After Voluntary Appearance. No rule set forth herein, or any part of any such rule shall prevent the examination and discharge of any person, firm or corporation who voluntarily appears and submits to examination.
(Rule 3.4 [1/1/95, 7/1/98] amended and effective 11/01/00.)
 
3.5 WRITS OF EXECUTION, POSSESSION AND SALE
(a) A party who makes an application for a writ of execution, possession or sale shall prepare and complete the following papers for the court:
(1) Application for Issuance of Writ of Possession/Sale/Execution and Order.
(2) The writ of possession, sale or execution completed in full except for the seal and signature of the deputy clerk.
(b) The completed application and writ shall be presented to the Office of the Clerk as follows:
(1) Central District: Judgments Section, Room 426.
(2) Other Districts: In the department or office designated by the Supervising Judge.
(Rule 3.5 [1/1/97, 7/1/98] REPEALED in part, and effective 7/1/04.)
 
3.6 WRIT OF EXECUTION ON A DWELLING
(a) Application for an order for sale of a Dwelling requires competent evidence of the following:
(1) The fair market value of the property by a real estate expert.
(2) Litigation guarantee or title report that contains a legal description of the property, the names of the current owners, a list of all deeds of trust, abstracts of judgments, tax liens and other liens recorded against the property, whether a declaration of homestead has been recorded or whether a current homeowner's exemption or disabled veteran's exemption has been filed with the county assessor and, if so, the persons claiming such exemption.
(3) The amount of any liens or encumbrances on the dwelling and the names and addresses of the lienholders and when the judgment creditor's lien attached. The judgment creditor shall ascertain the precise amounts of obligations secured by senior liens by making a written demand for beneficiary statements from senior lienholders pursuant to Civil Code section 2943. The judgment creditor may need to conduct an examination pursuant to Code of Civil Procedure sections 708.120 or 708.130 to determine the precise amounts of the junior liens. The daily rate of interest due on the senior and junior liens and encumbrances of record shall be included also.
(Rule 3.6,(a),(3) [as Rule 3.5(a)(3) 1/1/96] amended and effective 1/1/98.)
(4) The date of service on the judgment creditor of the notice from the levying officer that the dwelling was levied upon shall be stated in the application for order of sale.
 
(b) Order:
The Court clerk will provide judgment creditor with a certified copy of the Court order for transmittal to the levying officer and if the judgment was entered in another Court a certified copy of the order for transmittal to the Clerk of the Court in which the judgment was entered.
 
(c) Notice of Right to Rehearing. Where the judgment debtor or judgment debtor’s spouse does not appear either in person or through an attorney, judgment creditor shall comply with Code of Civil Procedure section 704.790.
(Rule 3.6 [originally added as Rule 3.5 1/1/95, renumbered as Rule 3.6 1/1/97, 7/1/95, 1/1/96, 1/1/97, 1/1/98] REPEALED in part, and effective 7/1/98.)
Chapter 4 Court Hours And Priority Of Trial
4.0 SESSION HOURS AND OPENING OF SESSION
(a) Hours
(b) Opening of Sessions
(c) Conflicts of Counsel; Precedence
4.1 RECORDING AND PHOTOGRAPHING IN THE COURTHOUSE
(a) Passes
(b) Requests for media coverage
(c) Limitation on coverage
(d) Obstruction of traffic
(e) Filming jurors
(f) Media wiring
(g) Responsibility for Rules
(h) Definitions
 
4.0 SESSION HOURS AND OPENING OF SESSION
(a) Hours. Sessions of departments shall be held from 8:30 a.m. to 12:00 noon and from 1:30 p.m. to 4:30 p.m. The Presiding Judge, by written order, may provide for a variance therefrom. Default proceedings in family law and pretrial hearings assigned to civil trial departments shall be set for 8:30 a.m. and civil trials shall commence no later than 9:00 a.m., unless the Court orders otherwise.
(Rule 4.0(a) amended and effective 1/1/98.)
 
(b) Opening of Sessions. Morning and afternoon sessions shall be opened by the bailiff, court attendant or clerk. After a recess during a session, he/she shall call for order and state that the court is again in session.
 
(c) Conflicts of Counsel; Precedence.
1) Except as otherwise expressly provided by law or by rule of court, participation by counsel in jury trials in criminal cases shall take precedence over all other judicial business; and participation by counsel in jury trials in civil cases shall take like precedence over all other judicial business except jury trials in criminal cases.
2) No judge of this court shall hear before him/her, between the hours of 9:30 a.m. and 12:00 noon and 1:30 p.m. and 4:30 p.m., a matter that will involve an appearance of counsel who is engaged in a civil or criminal jury trial, except as previously agreed to by the judge before whom counsel is presently engaged.
3) It shall be the duty of counsel to call a judge's attention to the fact that such counsel is engaged in a jury trial so as to avoid a violation of this rule. If any counsel has two or more court commitments which will conflict or which might conflict with this rule, it shall be the duty of counsel to take all action which might be required to avoid a violation of this rule.
4) For the purpose of this rule, motions made before jury selection has commenced (such as motions for a continuance of a jury trial) shall not be considered a jury trial.
(Rule 4.0 [1/1/94] amended and effective 1/1/98.)
 
4.1 RECORDING AND PHOTOGRAPHING IN THE COURTHOUSE
Passes.w enforcement press passes shall be presented for inspection to Sheriff or Court personnel upon request.
 
(b) Requests for media coverage. Requests for media coverage of any type, including pool cameras, shall be submitted to the judge on the form approved by the Judicial Council. Requests shall indicate placement preferences for microphones.
Special requests to film jury rooms or employee work areas in the Court shall be made on a form approved by the Judicial Council. Five days before the proposed filming is to occur, unless good cause is shown, all such requests shall be directed to the Los Angeles Superior Court Public Information Office and (i) in the Central District: To the Presiding Judge (for the Stanley Mosk (County) Courthouse), to the Presiding Judge of the Juvenile Court (for the Edmund D. Edelman Children's Court), to the Supervising Judge of the Criminal Department (for the Clara Shortridge Foltz Criminal Justice Center) to the Supervising Judge of the Complex Litigation Department (for the Central Civil West Courthouse), to the Supervising Judge of the Mental Health Department (for the Mental Health Courthouse), or to the Supervising Judge of the Traffic Department (for the Metropolitan Courthouse); or (ii) in other districts: to the District Supervising Judge and (for any courthouse that has a Site Judge) also to the Site Judge. The request shall include the time estimatefor filming. Time estimates will be enforced.
(Rule 4.1(b) [11/01/00] amended and effective 1/1/05.)
 
(c) Limitation on coverage. Other than as permitted by the judge in a written order and except for the press room (Media Center on the Ninth Floor of the Mosk Courthouse) and such areas as designated by the Presiding Judge of the Juvenile Court, the Supervising Judge of the Criminal Department, or the District Supervising Judge (in coordination with the Site Judge, if any) for the courthouse in which the photographing or electronic recording is to take place, photographing and electronic recording is not permitted in any part of the Court, including, but not limited to, entrances, exits, halls, stairs, escalators, elevators, and courtrooms. Presiding and supervising judges may make orders, including standing media orders, inconsistent with Local Rule 4.1. Cameras and recording devices shall be turned off while transporting them in any area of the Court unless permitted by the judge in a written order. Photographing the interior of any courtroom through glass door windows or between the double doors is prohibited. No microphones or cameras of any type are permitted in any courtroom unless the judge has expressly so permitted in a written order. However, camera-enabled devices and digital image capture devices, such as cell phones, PDAs or watches, may be brought into the courtroom, as long as the image capturing features are turned off and not used, unless the judge has expressly otherwise permitted by written order.
All audible features of cell phones, pagers and PDAs shall be turned off while in the courtroom.
(Rule 4.1(c) [11/01/00] amended and effective 1/1/05.)
 
(d) Obstruction of traffic. At no time shall any grouping of people in any hallway, entrance or exit become so large as to obstruct pedestrian traffic.
 
(e) Filming jurors. Photographing and filming any person wearing a juror badge in the Court is prohibited.
 
(f) Media wiring. All media wires and cables in court must be permitted by written order of the Court and shall be secured or covered.
 
(g) Responsibility for Rules. All media personnel shall be familiar with and shall comply with these Rules, Rule 1.150 of the California Rules of Court, and any applicable orders.
(Rule 4.1(g) [1/1/98] amended and effective 1/1/08.)
 
(h) Definitions. "Media coverage" means any photographing, recording, or broadcasting of court proceedings by the media using television, radio, photographic or recording equipment. Rule 1.150(b)(1), California Rules of Court.
"Judge" means the judicial officer or officers assigned to or presiding at the proceeding. Rules 1.150(b)(4), California Rules of Court.
"Media" means any person or organization engaging in news gathering or reporting and includes any newspaper, radio or television station or network, news service, magazine, trade paper, in-house publication, professional journal, other news-reporting or news-gathering agency. Rule 1.150(b)(2), California Rules of Court.
"Court" means the courtroom at issue, the courthouse, and its entrances and exits. Rule 1.150(b)(3), California Rules of Court. In those courthouses which house agencies or offices other than those of the Superior Court, such as the District Attorney's office or Public Defender's office, this Rule does not prohibit or restrict media access, filming or photographing on floors which do not have courtrooms, court operations, court entrance(s) or exit(s) or in those agencies or offices. Court does not include areas outside the enclosed physical structure of the courthouse.
(Rule 4.1(h) [1/1/98, 11/1/00] amended and effective 1/1/08.)
(Rule 4.1 [1/1/98, 1/1/2000, 11/1/00, 1/1/05] amended and effective 1/1/08.)
Chapter 5 Grand And Trial Jurors
5.0 SELECTION OF JURORS
(a) Source of Names; Method
(b) Competency of Prospective Jurors
(c) Excuse from Jury Duty
(d) Jurors' Meals Expense; Limitations
(e) Deposit, Notification, Forfeiture and Reimbursement of Civil Jury Fees
5.1 GRAND JURY
(a) Drawn and Impaneled Yearly
(b) Nominations by Judges Each November
(c) List of Nominees, Distribution and Filing
(d) Committee on Selection of Grand Jurors
(e) Investigation of Nominees; Objections; Withdrawal of Nomination
(f) Written Report and Approval of Nominees
5.2 JUROR INTERFERENCE
 
5.0 SELECTION OF JURORS
(a) Source of Names; Method. The names of prospective trial jurors shall be taken from the last published and available registered voters' list and Department of Motor Vehicles records of Los Angeles County through the use of automated random selection. An estimate shall be made of the number of jurors needed to make up the list for the period required, and automated random selection used by the Jury Commissioner shall be based on such estimate. (Rule 5.0,(a) amended and effective 7/1/95.)
 
(b) Competency of Prospective Jurors. The Jury Commissioner shall determine the statutory qualifications of each prospective juror and exclude from service those he/she shall find to be not competent to act as a trial juror under the provisions of law.
 
(c) Excuse from Jury Duty. The Jury Commissioner shall determine excuses from jury service under Section 204(b) of the Code of Civil Procedure. Before granting or refusing any excuse from jury service, the Jury Commissioner shall fairly weigh and consider all pertinent data, documents and information submitted by or on behalf of the prospective juror and shall, whenever he/she deems it necessary or desirable, personally interview such prospective juror. (Effective 7/1/94.)
 
(d) Jurors' Meals Expense; Limitations. Jurors sitting on criminal cases who are placed in the physical custody of the bailiff by the court during lunch hours or overnight and are not released during mealtimes shall be allowed the actual cost of meals, not to exceed a maximum for each meal as shall from time to time be fixed by the Committee on Personnel and Budget.
(Rule 5.0(d) renumbered and effective 11/01/00.)
 
(e) Deposit, Notification, Forfeiture and Reimbursement of Civil Jury Fees. The trial date assigned in a civil action shall be the actual date of trial for all purposes of notification and deposit of jury fees.
Twenty-five days prior to the date set for trial in any civil action in which a jury is demanded, the party demanding the jury trial shall deposit [in accordance with Code Civ. Proc., § 631(a)(5)] an advance jury fee of $150. At the beginning of the second and each succeeding day of jury selection, and promptly after the jury is sworn the party shall deposit with the Clerk, the additional sum necessary to reimburse the Court for the fees and mileage for all jurors appearing for voir dire that day, except for any juror who that day appeared in another case after being excused. On the second day of the court session following the swearing of the jury to try the case, and on each succeeding day, the party shall, at the beginning of the day, deposit with the Clerk a sum equal to one day's fees and the mileage for all sworn jurors and alternates. When the trial judge requests a jury panel for voir dire examination, a standard panel of 30 prospective jurors will be made available, unless the trial judge has specified a different number. ([As Rule 5.0(f) 7/1/94] amended and effective March 1,2001.)
If a trial does not proceed on the date set because the case is settled, or a continuance is granted on motion of the party depositing the fees, or if the party demanding the jury trial waives the jury, and there has been insufficient time to notify the jurors, any advance jury fee deposited by a party participating in the settlement or who has moved for a continuance or waived the jury, and any additional sum necessary to reimburse the court for jury fees and mileage due for that day shall be forfeited, unless the Court for good cause orders otherwise, in those cases in which the Jury Commissioner or his/her designated representative at the court location is not notified by 2:00 p.m. of the court day preceding the trial date, that the prospective or impaneled jurors summoned and/or directed to appear for the following court day, will not be needed for the trial of the action.
Motions by a party or parties requesting waiver of jury fees or a refund of deposits shall be heard by the judge to whom the case was assigned for trial or the supervising judge.
(Rule 5.0(e) [renumbered and effective 11/01/00] amended and effective March 1, 2001.)
(Rule 5.0 [1/1/94, 7/1/95] [orig. (d) Jury Panels; Use by Municipal Court REPEALED, renumbered and eff. 11/01/00] amended and effective March 1, 2001.)
 
5.1 GRAND JURY.
(a) Drawn and Impaneled Yearly. A Grand Jury shall be drawn and impaneled once each fiscal year commencing July 1, by the Presiding Judge in Department One of the Superior Court.
 
(b) Nominations by Judges Each November.
(1) On or before the first court day in November of each year, each Judge of this court may nominate and transmit to the Presiding Judge the names of two persons to be placed upon a list from which the court shall select the persons from whom the Grand Jury for the ensuing year shall be drawn. The Grand & Trial Jurors' Committee shall nominate such additional persons as necessary to provide a list the composition of which conforms to the requirements of law. The persons so nominated shall be persons qualified for such selection under the provisions of Part 2, Title 4, Chapter 2, Articles 1 and 2 of the Penal Code, and the provisions of the Code of Civil Procedure referred to therein. The nominations shall be made in writing and shall state the name, approximate age, residence address and occupation of each person nominated.
(2) Each judge shall advise his/her prospective nominees that it is the policy of this court that they may not become personally active in campaigns of any candidates for political office or for or against any political proposition during their period of service as Grand Jurors.
 
(c) List of Nominees, Distribution and Filing. The Presiding Judge shall promptly have the list of nominees duplicated in a form to indicate the judge who nominated each nominee. A copy of the list shall promptly be distributed to each judge of the court. Copies thereof shall be furnished to the press and forthwith filed with the Jury Commissioner where the list shall be open for public inspection.
 
(d) Committee on Selection of Grand Jurors. Prior to publication of such list, the Presiding Judge shall submit the list to the Committee on Grand and Trial Jurors to whom objections to any nominee may be submitted by any judge or interested person. The names of the members of such committee shall be filed with the Jury Commissioner and published with the list of nominees.
 
(e) Investigation of Nominees; Objections; Withdrawal of Nomination. The Presiding Judge shall direct such interviews and preliminary investigation of the nominees as may be suggested by the committee. Additionally, each judge shall make such investigation of the prospective Grand Jurors as he/she may deem appropriate and may communicate to the committee any objections he/she may have. The committee may consider information from any source concerning any nominee. The committee shall transmit such objections or information to the judge who nominated the prospective Grand Juror. A judge may withdraw the name of his/her nominee by informing the committee of such withdrawal.
 
(f) Written Report and Approval of Nominees.
1) Committee Report. On or before April 30th, the committee shall present to the Presiding Judge a written report concerning each nominee and shall set forth therein any objections to any nominee from any source together with the committee's recommendation whether the names shall be retained on the list of nominees. This report shall be confidential and not disclosed to the public. Any written objections or replies thereto shall be appended to the report.
2) Approval of list of Nominees. Upon receipt of such report, the Presiding Judge may call a meeting of the judges to be held on or before the 10th day of May, or may cause the list to be circulated to the judges before that date of the purpose of approving the list. The names of all nominees, together with the report of the committee, shall be presented to and considered by the judges. Those nominees who are approved by a majority of the judges of the court shall constitute the Grand Jury list. The approved list, as adopted, shall be filed with the County Clerk and made a public record.
(Rule 5.1 effective 1/1/94.)
 
5.2 JUROR INTERFERENCE
Except as may be authorized by a judge, no person or entity shall distribute or attempt to distribute any written materials tending to influence, interfere, or impede the lawful discharge of the duties of a trial juror, or communicate or attempt to communicate with any person summoned, drawn, or serving as a trial juror in the Superior Courts in Los Angeles for purposes of influencing, interfering, or impeding the lawful discharge of the duties of a trial juror in, or within 50 yards of any public entrance to, the facilities within which the Superior Courts conduct jury trials within this County.
(Rule 5.2 added and effective 7/1/97.)
Chapter 6 Criminal Division Procedures
6.0 PREAMBLE
6.0 DUTIES OF SUPERVISING JUDGE OF THE CRIMINAL DIVISION
(a) Responsibility of Department 100
(b) Calendar Courts
(c) Trial Courts
6.1 FILING AND TRANSFER OF CASES
(a) Filing of Cases
(b) Transfer of Cases
6.2 PRELIMINARY HEARING TRANSCRIPTS
(a) Filing
(b) Delivery of Transcript
6.3 FILING OF INFORMATION, CONTINUANCE AND EARLY DISPOSITION
(a) Filing of Information
(b) Continuance of Arraignment
6.4 (RESERVED)
6.5 MOTIONS REQUIREMENTS
(a) Orders Shortening Time
(b) Separate Captioning and Lodging of Proposed Orders; Form
(c) Separate Original Pleadings For Each Case
(d) Resubmission of Motions Previously Acted Upon
6.6 MOTIONS TO CONTINUE
(a) Motions in Writing
(b) Sanctions
6.7 (RESERVED)
6.8 (RESERVED)
6.9 (RESERVED)
(a) Presentence Reports
(b) Supplemental Reports
6.10 DELIVERY OF PROBATION DEPARTMENT REPORTS
6.11 (RESERVED)
6.12 (RESERVED)
6.13 MATTERS TO BE CONSIDERED AT TIME SET FOR SENTENCING
(a) Written Material
(b) Oral Presentations
(c) Sanctions
6.14 ORDERS SEEKING RETURN OF PROPERTY
6.15 BAIL MATTERS
(a) Procedure During Non-Court Hours
(b) Request for Bail Deviation
(c) Order for Appearance
(d) Bail Schedule
6.16 BAIL REDUCTIONS OR INCREASES
6.17 REINSTATEMENT AND EXONERATION OF BAIL
6.18 REQUESTING CALENDAR PRIORITY
(a) Engaged in Trial
(b) Calendar Priority
6.19 TRIAL PRIORITY
6.20 APPEARANCES BY COUNSEL AND PARTIES
(a) Scheduling Appearances
(b) Punctuality
(c) Readiness to Proceed
(d) Stand-In Counsel
(e) Priority To Multiple-Defendant Cases
6.21 RESERVED
6.22 WRITTEN JUROR QUESTIONNAIRES
6.23 (RESERVED)
6.24 OBTAINING COURT FILES
6.25 (RESERVED)
6.26 (RESERVED)
6.27 WITNESS FEES
6.28 TRIAL EXHIBITS
(a) Marking Exhibits: Exhibit Lists
(b) Hazardous Materials
6.29 (RESERVED)
6.30 MODIFICATION, TERMINATION, OR REVOCATION OF PROBATION/SENTENCE
(a) Applications for Revocation, Modification or Termination of Probation
(b) Applications to Recall and Modify a Sentence
6.31 (RESERVED)
6.32 PETITIONS FOR HABEAS CORPUS OR OTHER EXTRAORDINARY RELIEF
(a) Petitions Seeking Review of a Ruling or Order Made by a Superior Court Judge or Magistrate
(b) Petitions Not Seeking Review of a Ruling or Order Made by a Superior Court Judge or Magistrate
(c) Inquiry as to Prior Petitionsd
(d) Petition in Conjunction With a Misdemeanor or Infraction Case
6.33 (RESERVED)
6.34 EMERGENCY CLOSURE OF COURTHOUSE
6.35 HOLIDAYS
6.36 (RESERVED)
6.37 (RESERVED)
6.38 (RESERVED)
6.39 CAPITAL CASES PROCEDURES
(a) Appearance Logs
(b) Penal Code Section 987.9 Log
(c) Substitution of Attorneys
(d) Daily Transcripts
(e) Capital Case Guidelines and Checklist for Counsel
(f) Exhibit Lists
6.40 POST-SENTENCE PROCEDURES IN CAPITAL CASES
(a) Post-Sentence Certification Hearing
(b) Requests for Augmentation
(c) Retention of Records
(d) Guidelines for Appellate Counsel
(e) Certification Time Standards
6.41 PRO PER DEFENDANTS IN CRIMINAL CASES
(a) Jurisdiction
(b) Procedures
(c) Privileges
(d) Investigators
(e) Requests for Additional Privileges
(f) Inmate Discipline and Revocation of Pro Per Status and Privileges
(g) Temporary Suspension of Pro Per Privileges for Medical or Psychiatric Necessity
(h) Pro Per Committee
(h) Natural Disasters
(i) Duration of Privileges

APPENDIX
 
PREAMBLE
The Procedures contained in this Chapter are intended to supplement the procedural provisions of the Penal Code and Criminal Rules, California Rules of Court, Rule 4.1 et seq., and all counsel and parties are expected to be thoroughly familiar with all procedural provisions whether contained in the Penal Code, the California Rules of Court or this Chapter.
(Preamble [1/1/05] amended and effective 1/1/08.)
 
6.0 DUTIES OF SUPERVISING JUDGE OF THE CRIMINAL DIVISION
(a) Responsibility of Department 100. The Supervising Judge or such judge designated by the Supervising Judge shall preside in Department 100 and shall assign cases for trial to any court throughout the county, hear Grand Jury matters, resolve issues relating to pending death penalty cases and assist other courts in coordination of criminal calendars. The Supervising Judge may designate any other Superior Court judge to assist in these duties.
(Rule 6.0(a) [as (c) 7/1/95] renumbered 1/1/05.)  
(b) Calendar Courts. The Supervising Judge shall designate certain judges in the Central District to be Calendar Court judges and those judges shall handle all cases assigned to them for all purposes. Calendar Court judges shall make every reasonable effort to manage their calendar so as to avoid the need to reassign cases.
(Rule 6.0(b) [as (d) 7/1/95] renumbered 1/1/05.)
(c) Trial Courts. The Supervising Judge may designate certain judges in the Central District to be Trial Courts. Assignment of cases to Trial Courts shall be made by Department 100 for all purposes.
(Rule 6.0(c) [as (e) 7/1/95] renumbered 1/1/05.)
(Rule 6.0 (a) Duties [7/1/95] and (b) Arraignments, Pretrial Motions, and Pretrial Conferences [7/1/95] REPEALED 1/1/05; (Rule 6.0 [7/1/95] REPEALED in part, renumbered and effective 1/1/05.)
6.1 FILING AND TRANSFER OF CASES
(a) Filing of Cases. Indictments, criminal complaints and informations shall be filed in accordance with Rule 2.0(b)(3).
(Rule 6.1(a) [7/1/95] amended and effective 1/1/06.)
(b) Transfer of Cases. Whenever, in the opinion of the Presiding Judge or the Supervising Judge of the Criminal Division, the calendar in any district including the Central District, has become so congested as to jeopardize the right of a party to a speedy trial or to interfere with the proper handling of the judicial business in that district or for security or calendar administration reasons, he/she may order the transfer of one or more cases pending in that district to another district for trial or may order those cases which may be filed in that district be filed in a different district.
(Rule 6.1 [7/1/95] amended and effective 1/1/06.)
6.2 PRELIMINARY HEARING TRANSCRIPTS
(a) Filing. Preliminary hearing transcripts shall be filed, on or before the close of business of the tenth day following the day on which the defendant is held to answer, in one of the district offices of the Clerk of the Court, at a specific location within such office designated for such purpose by the clerk. In the event the tenth day is a Saturday, Sunday or holiday, the transcript shall be filed not later than 10:00 a.m. of the next court day. If the transcript is filed in a place designated by the clerk in the district in which the defendant is to be arraigned, the filing may occur at any time on the tenth day following the day on which the defendant is held to answer.
(b) Delivery of Transcript. The Clerk of the Court shall forthwith deliver the transcript to the department wherein the case is being arraigned.
(Rule 6.2 effective 7/1/95.)
6.3 FILING OF INFORMATION, CONTINUANCE AND EARLY DISPOSITION
(a) Filing of Information. The information shall be filed in the courtroom where the case is assigned for arraignment.
(Rule 6.3(a) Filing of Information newly added 1/1/05.)
(b) Continuance of Arraignment. Arraignment may not be continued except upon a showing of good cause and in any case should not be continued longer than fourteen (14) days.
(Rule 6.3(b) [as (c) 7/1/95] renumbered and amended 1/1/05.]
(Rule 6.3 [7/1/95, title amended 11/01/00, title TIME STANDARDS FOR CRIMINAL PROCEEDINGS AFTER DEFENDANT IS HELD TO ANSWER - REPEALED eff. 1/1/05.]
(a) Information, (b) Arraignment, (d) Plea or Demurrer, and (e) Early Disposition REPEALED effective 1/1/05, (a) newly added; (b) renumbered, amended and effective 1/1/05.)
6.4 (RESERVED)
(Rule 6.4 ARRAIGNMENT AFTER DEFENDANT IS HELD TO ANSWER [7/1/95, title amended 11/01/00] REPEALED effective 1/1/05.)
6.5 MOTIONS REQUIREMENTS
(a) Orders Shortening Time. Counsel seeking an order shortening the time provided by this rule or otherwise ordered by the court shall file an Application for an Order Shortening Time setting forth good cause as well as notice to and position of opposing counsel and co-counsel.
(Rule 6.5(a) [as (b) 7/1/95] renumbered and effective 1/1/05.)
(b) Separate Captioning and Lodging of Proposed Orders; Form. Proposed orders upon a motion shall not be included as part of the notice of motion, a memorandum of points and authorities or as an exhibit or attachment to either. Such proposed orders shall be prepared by the party seeking the order as a separately captioned document, and shall be lodged with the clerk at the same time the notice of motion or stipulation is filed with the Court. The proposed order shall be served on all other parties with the notice of motion. The order shall not be filed until approved and signed by the judge.
The form of the order shall be the same as for any other separately captioned pleading. The document shall be denominated as a "[PROPOSED] ORDER." If the order is granted, the word "[PROPOSED]" shall be stricken by the Court upon signature. At least two lines of the text of any proposed order shall appear on the page that has the line provided for the signature of the judge. Next to the signature line shall be the word "Dated:" with a blank left for the judge to write in thedate. At least two lines above the signature line shall be left blank for the judge's signature. There shall be no writing of any kind below the judge's signature.
(Rule 6.5(b) Separate Captioning and Lodging of Proposed Orders; Form newly added and effective 1/1/05.)
(c) Separate Original Pleadings For Each Case. When a party has several open cases pending in the same court or before the same judicial officer, and seeks by notice of motion, or otherwise, identical orders or other relief in each case (such as a motion to consolidate or a motion to continue), the moving party shall file a separately captioned notice of motion in each case and shall not file just one pleading containing all the case numbers in each case.
If a party has only one such open case, and all other cases so pending are merely probation violations that previously have been ordered to follow the open case, then the pleading need only be filed in the open case.
(Rule 6.5(c) Separate Original Pleadings For Each Case newly added and effective 1/1/05.)
(d) Resubmission of Motions Previously Acted Upon. If any motion, or other application for an order, has been made to any judicial officer of this Court and has been denied in whole or in part or has been granted conditionally or on terms, any subsequent motion for the same relief in whole or in part, whether upon the same or any allegedly different state of facts, shall be presented to the same judicial officer whenever possible, if these Rules do not otherwise require such subsequent motion to be so presented. If presented to a different judicial officer, it shall be the duty of the moving party to file and serve a declaration setting forth the material facts and circumstances as to each prior motion or application, including the date and judicial officer involved in the prior motion, the ruling, decision or order made, and the new or different facts or circumstances claimed to warrant relief and why such facts or circumstances were not shown to the judicial officer who ruled on the motion. Any failure to comply with the foregoing requirements shall be a basis for setting aside any order made on such subsequent motion, either sua sponte or upon motion or application, and the offending party or attorney may be subject to monetary sanctions pursuant to Code of Civil Procedure, section 177.5.
(Rule 6.5(d) Resubmission of Motions Previously Acted Upon newly added and effective 1/1/05.)
(Rule 6.5 [originally, PRETRIAL MOTIONS IN CRIMINAL CASES 7/1/95] (a) Time for Filing Papers and Proof of Service and (c) Sanctions REPEALED, new title, original (b) Orders Shortening Time renumbered as (a), (b), (c) and (d) newly added and effective 1/1/05.)
6.6 MOTIONS TO CONTINUE
(a) Motions in Writing. No proceeding in any criminal case shall be continued except upon compliance with Penal Code section 1050. All motions for a continuance shall be in writing setting forth the grounds supporting the continuance, the opposition or consent of opposing and co-counsel and a suggestion for a new date.
(b) Sanctions. A motion made without compliance with these rules and without good cause for such failure, shall subject the moving party to the sanctions set forth in Penal Code sections 1050 and 1050.5, including denial of the continuance.
(Rule 6.6 effective 7/1/95.)
6.7 (RESERVED)
(Rule 6.7 [7/1/95] (a) Disposition Before Preliminary Hearing and (d) Cross-Designated Judges REPEALED 11/01/00, (a) Cases to be Disposed of Pursuant to Penal Code section 1462 renumbered 11/01/00] PROCEDURES FOR DISPOSITION OF CASES BEFORE THE PRELIMINARY HEARING REPEALED effective 1/1/05.)
6.8 (RESERVED)
(Rule 6.8 CERTIFICATION PURSUANT TO PENAL CODE SECTION 859a [7/1/95, 11/01/00] REPEALED effective 1/1/05.)
6.9 (RESERVED)
(Rule 6.9 PRE-SENTENCE INVESTIGATIONS AND REPORTS [7/1/95, (a) Pre-sentence Reports 11/01/00] REPEALED effective 1/1/05.)
6.10 DELIVERY OF PROBATION DEPARTMENT REPORTS
All Probation Department reports shall be delivered to the requesting judge no later than 12:00 noon of the court day preceding the hearing which gave rise to the need for the report. Any request seeking an extension of time in which to complete the report shall be in writing and delivered in compliance with this rule.
(Rule 6.10 [7/1/95] title amended, (a) Contents, (b) Formats, (c) Sources, and subdivision number `(d)' and title Delivery of Reports: REPEALED effective 1/1/05.)
6.11 (RESERVED)
(Rule 6.11 REASONS, AGREEMENT TO PUNISHMENT, RESTITUTION AND FINES [7/1/95] REPEALED effective 1/1/05.)
6.12 (RESERVED)
(Rule 6.12 PROBATION ELIGIBILITY WHEN PROBATION IS LIMITED [7/1/95] REPEALED effective 1/1/05.)
6.13 MATTERS TO BE CONSIDERED AT TIME SET FOR SENTENCING
(a) Written Material. Any written material which any party desires the sentencing court to review shall be lodged with the court and given to opposing counsel no later than 12:00 noon of the court day preceding the date of sentencing.
(b) Oral Presentations. Any party desiring to have persons other than counsel and the defendant speak at time of sentencing shall notify the sentencing court of the number of persons, the general nature of their comments, and the length of their presentation by no later than 12:00 noon of the court day preceding the date of sentencing.
(Rule 6.13(b) amended and effective 1/1/05.)
(c) Sanctions. Failure to comply with this rule may result in the sentencing court excluding or disregarding the proffered material.
(Rule 6.13 [7/1/95] amended and effective 1/1/05.)
6.14 ORDERS SEEKING RETURN OF PROPERTY
A defendant seeking an order for return of property must give notice of the motion to the arresting agency and the prosecuting agency, unless otherwise ordered or specifically provided for by law. Proposed orders for return of property shall be approved as to form and content by the prosecuting agency prior to presentment to the court.
(Rule 6.14 effective 7/1/95.)
6.15 BAIL MATTERS
(a) Procedure During Non-Court Hours. All pre-arraignment requests to increase or decrease bail, or for an own recognizance release, must be made through the Bail Deviation Program of the Los Angeles County Probation Department. A request to increase bail may be made by law enforcement by calling (213) 351-5717 between 6:30 a.m. and 12 midnight. A request to decrease bail or for an own recognizance release may be made by calling (213) 351-5151 or (800) 773-5151 between 6:30 a.m. and 12 midnight.
(Rule 6.15(a) Procedure During Non-Court Hours newly added 1/1/05.)
(b) Request for Bail Deviation. The Bail Deviation Program may request certain information, including, but not limited to: (1) the name, address, and telephone number of the person seeking the deviation and relationship to the defendant; (2) name and booking number of the defendant; (3) charge(s) on which the defendant is being held; (4) date and time of arrest; (5) address and telephone number of the jail or station at which the defendant is being held; (6) date, time and court location for the defendant's arraignment; (7) the defendant's age, marital status, length of residence in the community, employment history, and community ties; (8) the defendant's prior criminal record; and (9) any facts justifying the requested deviation.
(Rule 6.15(b) Request for Bail Deviation newly added 1/1/05.)
(c) Order for Appearance. Every release pursuant to the bail schedule shall specify the court location and time that the defendant shall appear.
(Rule 6.14(c) [as (f) 7/1/95] renumbered, old text repealed & text newly added 1/1/05.)
(d) Bail Schedule. It is the duty of the judges of the Superior Court to adopt uniform countywide bail schedules for all bailable felony offenses and for all misdemeanor and infraction offenses. There shall be within the Criminal Division a Bail Committee appointed by the Supervising Judge of the Criminal Division. The Bail Committee shall prepare and annually revise a Uniform Countywide Misdemeanor/Infraction Bail Schedule and a Uniform Countywide Felony Bail Schedule. In preparing and revising the Felony Bail Schedule, the Bail Committee shall consider the factors specified in Penal Code section 1269b(e). The preparation and distribution of a bail schedule shall comply with the requirements of Penal Code section 1269b(f). Once the Bail Committee has prepared a bail schedule, it shall be submitted to the Executive Committee for adoption. A bail schedule shall be deemed adopted by the judges of the court when approved by the Executive Committee and goes into effect on the date specified by the Executive Committee, or if no effective date is specified, on the date adopted.
(Rule 6.15(d) [as (h) 7/1/95] amended and effective 1/1/08.)
(Rule 6.15 [7/1/95, (a) Release on Bail After Arrest, (b) Application to Deviate From Bail Schedule, (c) Procedure During Court Hours, (d) Procedure During Non-Court Hours, (e) Contents of Application, (f) Order for Appearance text only, and (g) Subsequent Warrant REPEALED, new subdivisions (a), (b) & (c), and (h) Bail Schedule renumbered as (d) 1/1/05] amended and effective 1/1/08.)
6.16 BAIL REDUCTIONS OR INCREASES
A court may refuse to hear repetitive applications to increase or decrease bail, or for an own recognizance release, except as provided by statute, for good cause, or on a showing of unusual or changed circumstances. Any such request must be made to the bench officer before whom the matter is then pending.
(Rule 6.16 [7/1/95] 1st ¶, (a) Ex Parte Setting, (b) Application by Whom, (c) Re-Litigation REPEALED new text added and effective 1/1/05.)
6.17 REINSTATEMENT AND EXONERATION OF BAIL
Motions to reinstate and exonerate bail bonds or bail deposits in all criminal cases where the defendant is not surrendered in court, shall be in writing supported by appropriate declarations, affidavits, and points and authorities.
(Rule 6.17 effective 7/1/95.)
6.18 REQUESTING CALENDAR PRIORITY
(a) Engaged in Trial. It is the policy of the Superior Court that all counsel who are engaged in trial are to be released from other calendar obligations no later than 9:30 a.m. if counsel complies with Rule 6.18(b) herein.
(b) Calendar Priority. An attorney desiring calendar priority should apprise the clerk of the court prior to calendar call of the reason for the request and the clerk shall bring that information to the attention of the Judge. All attorneys engaged in trial in another court shall advise the court in which a calendar matter is scheduled of that trial status and request priority.
(Rule 6.18 effective 7/1/95.)
6.19 TRIAL PRIORITY
In setting priority for trial, the court will weigh the following considerations in establishing priority among others:
(1) Speedy trial considerations under Penal Code section 1382 including both sides' right to a speedy trial;
(2) The number of co-counsel and the number of defendants;
(3) Whether the victim or material witness is a minor, aged, medically infirmed or needs to travel a lengthy distance;
(4) The age of the case;
(5) The length of time necessary to conclude the trial;
(6) Prior continuances granted and the reasons for them;
(7) The number of witnesses and availability; and
(8) Any other priority established by law.
(Rule 6.19 effective 7/1/95.)
6.20 APPEARANCES BY COUNSEL AND PARTIES
(a) Scheduling Appearances. Counsel shall attempt to avoid scheduling conflicts, and shall make every effort to avoid scheduling appearances in more than one Superior Court District in the same morning or afternoon.
(b) Punctuality. It shall be counsel's responsibility to determine the time at which his/her presence is required in each courtroom. Counsel shall appear punctually at that time, unless he/she has another scheduled appearance at the same time and the other matter has statutory priority. If counsel has conflicting appearances, counsel shall contact the court that does not have statutory priority on the court date before the scheduled appearance and provide the Department/Division number, the time and case number of the other appearance, and the time counsel expects to be able to appear.
(c) Readiness to Proceed. Counsel should be ready to proceed at the scheduled time. Conferences with the defendant, witnesses or other counsel should be held outside of court hours. The court may not be able to afford counsel time to confer prior to the hearing.
(d) Stand-In Counsel. Counsel actually engaged in trial, or in a preliminary hearing, shall make arrangements to have other counsel appear specially for any matters that conflict with the trial or preliminary hearing.
(e) Priority To Multiple-Defendant Cases. Except as otherwise provided by law, the court and counsel shall give priority to all multiple-defendant cases.
(Rule 6.20 [7/1/95] (a) Punctuality and (b) Ready to Proceed REPEALED, new subdivisions (a), (b), (c), (d) and (e) effective 1/1/05.)
6.21 RESERVED
(Rule 6.21 JURY PANEL: DUAL USE [7/1/95] REPEALED and effective 11/01/00.)
6.22 WRITTEN JUROR QUESTIONNAIRES
Written questionnaires, to be filled out by prospective jurors, may only be used upon a showing of good cause or in the interests of justice.
(Rule 6.22 [7/1/95] title: VOIR DIRE REPEALED, new title added, old text REPEALED, new text added and effective 1/1/05.)
6.23 (RESERVED)
(Rule 6.23 PURPOSE OF VOIR DIRE [7/1/95] REPEALED effective 1/1/05.)
6.24 OBTAINING COURT FILES
Any party seeking to introduce evidence of prior convictions, or any other information contained within court files, in any proceeding shall, prior to the trial date, obtain from the Clerk's Office in the district wherein the file is stored, certified copies only of those documents necessary for proof of any prior convictions. Such request(s) shall be made at a suitable time prior to trial so as not to cause any delay in the trial. The original files shall not be sent to the trial court except upon Court order issued upon written application, good cause being stated. Failure to obtain this evidence in a timely fashion shall not be good cause for a continuance pursuant to Penal Code section 1050.
(Rule 6.24 effective 7/1/95.)
6.25 (RESERVED)
(Rule 6.25 JURY INSTRUCTIONS: CITATION OF AUTHORITIES [7/1/95] REPEALED effective 1/1/05.)
6.26 (RESERVED)
(Rule 6.26 COMMUNICATIONS FROM OR WITH JURY [7/1/95] REPEALED effective 1/1/05.)
6.27 WITNESS FEES
The Court will authorize payment of fees and expenses of non-expert witnesses in accordance with Penal Code section 1329. The Court will authorize payment of fees and expenses of defense expert witnesses upon a showing of good cause and in accordance with Penal Code section 987.2. The Court will not authorize payment of expert witness fees or other costs incurred by the prosecution.
(Rule 6.27 [7/1/95] old text REPEALED, new text added and effective 1/1/05.)
6.28 TRIAL EXHIBITS
(a) Marking Exhibits: Exhibit Lists. After consultation with the Court Clerk regarding the marking of exhibits, and prior to trial, counsel for the prosecution and the defense shall provide an exhibit list to the Court. The prosecution shall use numbers to identify their exhibits. The defense shall use letters. No exhibit may be referred to in open court unless opposing counsel has had an opportunity to examine it. Documentary exhibits consisting of more than one page should be internally paginated in sequential numerical order to facilitate reference to the document during the examination of witnesses.
(b) Hazardous Materials. In the interest of public health and safety, no hazardous material, including any controlled substance as defined by Health and Safety Code section 11007, any paraphernalia or packaging containing residues of such substance, any hypodermic needles or syringes, or any other items that the court in which the matter is pending may deem toxic, may be brought to the courtroom or received into evidence except as provided by Penal Code section 1417.3(b).
(Rule 6.28 [7/1/95] (a) newly titled and amended, (b) newly added and effective 7/1/03.)
6.29 (RESERVED)
(Rule 6.29 POST TRIAL MOTIONS [7/1/95] REPEALED effective 1/1/96.)
6.30 MODIFICATION, TERMINATION, OR REVOCATION OF PROBATION/SENTENCE
(a) Applications for Revocation, Modification or Termination of Probation. Applications, whether oral or written, to revoke, modify or terminate probation or a conditional sentence, or to recall a warrant thereon, shall be filed and determined as follows:
(1) No New Open Case. When there is no new criminal case (no "open case") pending against the probationer, the probation violation shall, except as provided hereinafter, be filed and determined in the court where the plea or verdict was taken. If, however, the bench officer who granted probation, at the time probation was granted or reinstated, filed a written request in the case file and had it entered into the docket, that he or she hear and determine all probation violations, then and in that case, the bench officer originally granting probation may, but is not required to, hear and determine all probation violations. When, however, probation was granted after a guilty or no contest plea was taken in an Early Disposition Program court, then the violation shall be filed and determined in the court to which the case would have been transferred for arraignment on the information, had the defendant been held to answer on the complaint.
(Rule 6.30(a)(1) amended and effective 1/1/05.)
(2) With a New Open Case. When there is a new criminal case (an "open case") pending against the probationer, the application shall, except as provided hereinafter, be heard and determined by the bench officer handling the open case, at or before the time the open case is heard and determined. If, however, the bench officer who granted probation, at the time probation was granted or reinstated, filed a written request in the case file and had it entered into the docket, that he or she hear and determine all violations, then and in that case, the bench officer originally granting probation may, but is not required to, hear and determine all probation violations. Probationary matters ordinarily shall follow the open case, regardless of whether the open case is a misdemeanor and the probationary case is a felony, or vice versa, and regardless of whether the open case and the probationary case are in the same district or different districts.
(Rule 6.30(a)(2) amended and effective 1/1/05.)
(b) Applications to Recall and Modify a Sentence. Applications to recall and modify a sentence shall be heard and determined in the same manner as an application for revocation, modification or termination of probation as set forth in subdivision (a), subsection (1), above.
(Rule 6.30 [7/1/95, 1/1/2002] amended and effective 1/1/05.)
6.31 (RESERVED)
(Rule 6.31 SENTENCING UPON REVOCATION OF PROBATION [7/1/95] REPEALED effective 1/1/05.)
6.32 PETITIONS FOR HABEAS CORPUS OR OTHER EXTRAORDINARY RELIEF
(a) Felony Cases. Petitions for writ of habeas corpus in felony cases shall be filed, as follows:
(1) To Review a Judge's Order or Ruling Made After the Preliminary Hearing. Where the petition seeks to review a judge's ruling or order made after the defendant's preliminary hearing has been completed, it shall be filed in the district where the case is or was last pending, and promptly presented, as follows:
a) To the Supervising Judge of the Criminal Division (sitting as a master calendar judge), if the case is or was last pending in the Central District; or
b) To the Supervising Judge of the District (sitting as a master calendar judge), where the case is or was last pending.
The Supervising Judge shall then assign the matter to a judge other than the judge whose order or ruling is sought to be reviewed.
(2) To Review Matters Other Than A Judge's Ruling or Order Arising After The Preliminary Hearing. Where the petition seeks to review a matter, other than a judge's ruling or order, arising after the completion of defendant's preliminary hearing, it shall be filed in the district where the case is or was last pending, and promptly presented to the judge in the criminal department or division where the case is or was last assigned. If that department or division is no longer handling criminal matters, the petition shall promptly be presented, as follows:
a) To the Supervising Judge of the Criminal Division (sitting as a master calendar judge), if the case was heard or is pending in the Central District; or
b) To the Supervising Judge of the District (sitting as a master calendar judge), where the case is or was last pending.
(3) To Review A Ruling, Order Or Other Matter Arising Prior To The Preliminary Hearing. Where the petition seeks to review a judge's ruling, order or other matter arising prior to the completion of defendant's preliminary hearing, it shall be filed in the Central District and promptly presented to the Supervising Judge of the Criminal Division.
(4) Special Rule For Certain State Prison Inmate Petitions. Notwithstanding subsections (1), (2) or (3), above, petitions by state prison inmates for any writ seeking relief concerning failure to admit evidence of intimate partner battering, post-sentencing time credits, state prison time credits, state prison custodial conditions (including access to inmate property and treatment by custodial officials or other inmates), denial of parole, or DNA exoneration testing, shall be filed in the Central District and promptly presented to the Supervising Judge of the Criminal Division.
(5) Inmate Petitions Regarding Lost, Stolen or Destroyed Property. Petitions by inmates seeking as the principal relief the value of lost, stolen or destroyed property shall be deemed to be petitions for a writ of mandate and shall be filed in the Civil Division. Such inmate petitions for mandate must demonstrate exhaustion of administrative remedies under Title 15 of the California Code of Regulations. Petitions shall not include habeas corpus claims with mandate claims.
(Rule 6.32(a) [7/1/95, 7/1/2001, 7/1/05] (a) Petitions Seeking Review of a Ruling or Order Made by a Superior Court Judge or Magistrate, title REPEALED, old text amended and new text added and effective 1/1/07.)
(b) Misdemeanor and Infraction Cases. Petitions for writ of habeas corpus in misdemeanor and infraction cases shall be filed, as follows:
(1) In Conjunction With An Appeal. Where a petition is filed in conjunction with an appeal to the Appellate Division, the petition shall be filed in Department 70, Room 607, Mosk Courthouse. See LASC Local Rule 2.5(a)(2).
(2) Not In Conjunction With An Appeal. Where there is no pending appeal, the petition shall be filed in the Central District and promptly presented to the Assistant Supervising Judge of the Criminal Division, Limited Criminal Cases.
(Rule 6.32(b) [(b) Petition in conjunction with a Misdemeanor or Infraction Case title & text moved to (d), new title added & amended text 7/1/05] (b) Petitions Not Seeking Review of a Ruling or Order Made by a Superior Court Judge or Magistrate title and text REPEALED, new title and text added and effective 1/1/07.)
(c) Disclosure of Prior Petitions. Every petition shall disclose all other petitions for writs of habeas corpus or other extraordinary relief that have been filed in this or any other court with respect to the conviction, commitment or issue raised in the present petition, including the name of the court, the date filed, the nature of the petition and the relief sought, the result and the date of the decision. If there have been no prior petitions, the petition shall so state. The failure to make such disclosure is grounds for denial of the petition.
(Rule 6.32(c) [newly added 7/1/05] title amended, old text REPEALED, new text added 1/1/07.)
(d) Inquiry as to Prior Petitions. Unless the information appears in the petition, a reasonable inquiry should be made as to whether a similar petition has been presented to another court or judge.
(Rule 6.32(d) [newly added as (b) 7/1/2001, renumbered, amended & new text added 7/1/05] (d) Petition in Conjunction With a Misdemeanor or Infraction Case title and text REPEALED, new title and text added 1/1/07.)
(Rule 6.32(e) [newly added as (c) 1/1/2003, renumbered & effective 7/1/05] subdivision (e) Petitions by Prisoners REPEALED 1/1/07.)
(Rule 6.32 [7/1/95, 7/1/2001, 1/1/2003, 7/1/05] rule title and text amended and effective 1/1/07.)
6.33 (RESERVED)
(Rule 6.33 CERTIFICATION TO JUVENILE COURT [7/1/95] REPEALED effective 1/1/05.)
6.34 EMERGENCY CLOSURE OF COURTHOUSE
If the courthouse is closed due to any emergency or government proclamation, all matters calendared at that time will be heard on the next day that the courthouse is open, unless otherwise provided by order of the court.
(Rule 6.34 [RESERVED 7/1/95] new title and text effective 1/1/05.)
6.35 HOLIDAYS
If any day on which an act required to be done by these rules or by court order falls on a legal holiday, the act may be performed on the next succeeding judicial day.
(Rule 6.35 [7/1/95] amended and effective 1/1/05.)
6.36 (RESERVED)
(Rule 6.36 EXTENSIONS/SHORTENING OF TIME [7/1/95] REPEALED effective 1/1/05.)
6.37 (RESERVED)
(Rule 6.37 MEETINGS RESPECTING THE CRIMINAL COURT SYSTEM [7/1/95, 11/01/00] REPEALED effective 1/1/05.)
6.38 (RESERVED)
(Rule 6.38 SUPERIOR COURT SESSIONS HELD AT MUNICIPAL COURT LOCATIONS [7/1/95] REPEALED and effective 11/01/00.)
6.39 CAPITAL CASES PROCEDURES
(a) Appearance Logs. Primary counsel for each defendant and the prosecution are to provide the court with a log of each court appearance within 30 days of the first appearance in the Superior Court. This shall include all appearances in the Municipal Court prior to arraignment in the Superior Court and shall briefly describe the nature of each appearance. Said log shall be substantially in the form of the sample log contained in Appendix 2 of this Chapter.
(b) Penal Code Section 987.9 Log. Logged appearances shall distinguish between Penal Code section 987.9 appearances and all other appearances. A separate log of Penal Code section 987.9 appearances shall be maintained by the primary counsel for each defendant and provided, under seal, with the final list of appearances required within 60 days of the sentencing date. The Criminal Courts Coordinator's Office shall maintain the Penal Code section 987.9 log for pro per defendants. Said log shall be substantially in the form of the sample log contained in Appendix 2 of this Chapter.
(c) Substitution of Attorneys. In the event of any substitution of attorney at any stage of the case, the relieved attorney shall provide a log of all appearances to substituting counsel within 5 days of being relieved. If prior counsel fails to provide the appearance log as required, substituting counsel shall advise the court immediately.
(d) Daily Transcripts. Court policy provides that counsel for each party are entitled to a copy of the daily transcript in capital cases. Counsel are to bring any discrepancies or omissions to the court's attention within 10 days of receipt of the transcript. This may be done orally on the record, outside the presence of the jury, or in writing.
In any case where there is no dispute concerning a discrepancy or omission in a transcript the court shall order the record corrected forthwith. In any case where a dispute exists with respect to any such discrepancy or omission the court shall hold a hearing within 2 days of receiving oral or written notification from any counsel on the case. The trial court shall make findings and orders on any disputed matters within 5 days of such hearing.
(e) Capital Case Guidelines and Checklist for Counsel. The general guidelines for counsel in capital cases are to be complied with unless otherwise ordered by the court. Failure to comply with the guidelines may result in sanctions being imposed or compensation for appointed counsel being withheld.
The original checklist shall be retained in the case file. Each counsel shall receive a copy of the signed original checklist at the time it is initially signed. (See Appendix 1 of this chapter.)
In each capital case the Judge of the court to which the case is assigned shall keep the checklist as part of the case file and shall initial and date the checklist as each part thereof is completed. The format of the checklist shall be substantially in the format shown in Appendix 2 of this Chapter.
(f) Exhibit Lists. Within 30 days of the first appearance in the Superior Court primary counsel are to provide the trial court with a list of all exhibits introduced by each party at any pretrial hearings, motions pursuant to Evidence Code section 402 or preliminary hearings. Upon conviction and imposition of sentence, each primary counsel shall submit a final list of all exhibits marked, including any exhibits or items that were referred to but not previously marked. The format of the lists shall be substantially in the format shown in Appendix 3 of this Chapter.
(Rule 6.39 effective 7/1/95.)
6.40 POST-SENTENCE PROCEDURES IN CAPITAL CASES
(a) Post-Sentence Certification Hearing. A post-sentence record certification hearing shall be automatically set by the courtroom clerk within 60 days of the date of imposition of sentence. Trial counsel are to be prepared to proceed on certification of the record on appeal at this hearing. Any final corrections to the reporter's transcripts shall be addressed at this hearing. Trial counsel shall notify the trial court if all daily reporter's transcripts are not received within 5 days after sentence is imposed.
Trial counsel shall make themselves available for further hearings to facilitate the certification of the record as directed by the court.
Primary counsel shall continue to represent the defendant until the entire record on the automatic appeal is certified.
(b) Requests for Augmentation. Any requests for augmentation to the clerk's transcript shall, where feasible, include the material that is proposed to be included in the clerk's transcript. These requests shall be made within 20 days of the receipt of the clerk's transcript.
(c) Retention of Records. Counsel are to maintain and preserve all files and records indefinitely, unless otherwise authorized on noticed motion, served on appellate counsel, by a court of competent jurisdiction. Any such order shall be noted in the minutes or formal written order of the court making such order.
(d) Guidelines for Appellate Counsel.
(1) Service on Counsel. The Clerk of the Court shall serve a copy of the Record Certification Guidelines for Appellate Counsel in Death Penalty Appeals, substantially in the format shown in Appendix 4 of this Chapter, on each appellate counsel along with their copies of the record on appeal.
(2) Requests for Augmentation/Correction. Requests for augmentation of the record pursuant to California Rules of Court, rule 8.616, shall be accompanied by either the material that isthe subject of the augmentation, when feasible, or a declaration that counsel will submit the requested material to the clerk within 10 days after the request is granted. A copy of each request for augmentation/correction shall be served on the Criminal Appeals Section of the Superior Court Executive Officer/Clerk's Office.
(3) Format of Requests for Augmentation/Correction. All requests for augmentation and/or correction shall be submitted at the same time, where feasible. Any subsequent requests shall be accompanied by counsel's declaration specifying the reason(s) such items were not included in the initial request.
(Rule 6.40(d) [7/1/95] amended and effective 1/1/08.)
(e) Certification Time Standards.
(1) No Request for Correction/Augmentation. If no request for correction or augmentation is timely filed by appellate counsel, the record shall be certified by the court and returned to the clerk for transmittal to the Supreme Court.
(2) Requests for Correction/Augmentation. Upon timely request for correction and/or augmentation of the record, sought by noticed motion, the court will:
Rule on the motion within 5 days after submission and; order that corrections or augmentations be made within 20 days thereafter. An extension of the 10 days may be granted by the court only upon a showing of good cause. Any order extending time shall be reflected in the minutes of the case in which the Court made the order.
(3) Inability to Comply with Order for Correction and/or Augmentation. If it appears that compliance with any order for correction/augmentation will not be timely or will not be possible, the party ordered to correct and/or augment the record shall notify the court and all parties by written declaration within 5 days. The court shall make a finding and order on the non-compliance within 5 days of receipt. The clerk of the court shall mail a copy of said order by U.S. mail to all parties forthwith.
(Rule 6.40 [7/1/95] amended and effective 1/1/08.)
6.41 PRO PER DEFENDANTS IN CRIMINAL CASES
(a) Jurisdiction.
(1) These rules govern defendants acting in Pro Per in Los Angeles County criminal proceedings and delineate the privileges granted to those defendants acting in Pro Per in Los Angeles County.
(2) These rules have the force and effect of procedural statutes and will be strictly followed. Defendants who fail to follow these rules may lose Pro Per status or Pro Per privileges. Defendants requesting Pro Per status shall file an affidavit stating that they are familiar with the rules and understand that the failure to adhere to these rules will result in appropriate sanctions including, but not limited to, the loss of Pro Per status or Pro Per privileges.
(3) Sheriff's Authority. The sheriff has the exclusive authority to house inmates and take such other action authorized by law, as is necessary to maintain jail security, discipline, and safety and provide for the operation of the jail.
(Rule 6.41(a) amended and effective 1/1/2000.)
(b) Procedures.
(1) Notice of Hearing and Filing of Papers. Motions, applications for court orders, and other court documents shall be filed with the clerk of the court, and a copy shall be served on the Prosecuting Attorney and all other attorneys or parties in Pro Per ten days in advance of any proposed hearing date. Service by mail is acceptable. Any kind of writing or typing paper may be used, and all documents must be legibly printed in pencil or typed. Unless a hearing date for the motion was previously scheduled by the court, motions and other applications for hearings shall contain a proposed hearing date in the first paragraph. The first paragraph shall also contain a brief statement of the order or orders requested.
(2) Subpoena Power. The Defendant may use the subpoena power of the court to compel the attendance of witnesses. The Sheriff shall furnish subpoena forms for use by Pro Per inmates. Pro Per defendants may not subpoena individuals to annoy, embarrass, or harass any witness. This will be deemed an abuse of process. Individuals who lack personal knowledge concerning the factual issues of any hearing pending before the court may not be subpoenaed without prior court authorization. Violations of these rules may result in the loss of Pro Per status or Pro Per privileges.
Prior to issuing any subpoena for jail personnel, witnesses in the custody of the Sheriff or other governmental agencies, or such other witnesses as the court may designate, the defendant shall furnish a confidential offer of proof as to the anticipated testimony to the court in camera. This offer of proof shall set forth the anticipated testimony of the witness and explain how the testimony is relevant to the issues pending before the court.
If a subpoena is issued for facility commanders or other Sheriff executives, the Sheriff may substitute officers familiar with jail procedures or specific issues.
Any service of subpoenas by the Sheriff must be accomplished through the Sheriff's Civil Division.
(3) Motions Concerning Jail Conditions. Before an inmate may file a motion or writ with the court complaining of conditions of confinement or alleging violations of jail rules (including alleged violations of these rules), he or she must first file a written complaint with the facility commander, unless it can be shown that substantial prejudice would result. The facility commander shall investigate such inmate complaints and within ten (10) calendar days provide the inmate with a written response.
If the complaint is not resolved by the facility commander's written response and if the inmate chooses to file a motion or writ, the inmate must attach to any papers filed with the court a copy of the inmate's complaint and the response of the facility commander. If an inmate claims that substantial prejudice would result from following the facility complaint procedure, the inmate shall submit a detailed statement setting forth the basis for the claim of substantial prejudice.
All motions, writs or other requests as described in this paragraph shall be served on the Office of the County Counsel, Room 407 Sheriff's Headquarter's Building, 4700 Ramona Boulevard, Monterey Park, CA 91754.
The court may calendar a hearing date; direct that subpoenas be served upon necessary witnesses; direct the inmate's complaint to the Commander in charge of the facility where the inmate is housed for further consideration; or direct the Office of the County Counsel to file an answer. The answer may include recommendations concerning possible resolutions. If County Counsel files an answer, the Defendant shall have an opportunity to file a response. After considering all documents, the court may issue orders without further hearing.
(Rule 6.41(b) amended and effective 1/1/2000.)
(c) Privileges.
(1) Library Privileges. The Sheriff shall provide and maintain a law library for use by inmates granted Pro Per status. All Pro Per inmates shall be entitled to a maximum of two (2) hours per day of law library access. The law library shall operate seven days per week.
The Sheriff shall maintain a log which shows the time and date each Pro Per inmate uses the law library. The log shall be maintained for five years.
The Sheriff may designate the time and place of an inmate's law library access, and may assign inmates into groups based upon safety, security, and efficient use of available facilities.
It is the inmate's responsibility to avail himself or herself of the law library during his or her scheduled time. The Sheriff may, but is not required to, provide make up time. The Sheriff is under no obligation to provide any law books, other legal reference materials, or copies thereof to any inmate in his or her living area.
All inmates exercising Pro Per privileges have an affirmative duty to exercise the privileges in such a manner as not to infringe upon the exercise of Pro Per privileges by other inmates.
The use of the library is restricted to legal research and telephone calls directly related to an inmate's case. Inmates violating this section will be verbally warned and may be summarily removed from the library for the balance of the particular session. The verbal warning shall be documented. Repeated violations shall result in further disciplinary action and possible loss of Pro Per status or Pro Per privileges.
An inmate shall not remove or possess law books, source materials, or parts thereof from the law library. Law library materials found in an inmate's cell are contraband and subject the inmate to discipline. Theft, possession or destruction of law books or source materials from the library will result in discipline and may result in the loss of Pro Per status or Pro Per privileges.
(2) Library Telephone Privileges. Telephones shall be maintained in the library for use during normal library time. The Sheriff may restrict telephone use to outgoing calls. All phone calls made in the law library shall be related to the inmate's case. All phone calls are at the inmate's expense.
(3) Legal Forms. The Sheriff may provide legal forms for inmate use. Any forms not provided may be obtained and given to the inmate by a Legal Runner or Investigator.
(4) Legal Visits. Inmates granted Pro Per status shall receive extended visitation to confer with Legal Runners and Witnesses. Pro Per inmates may request one person to act as Legal Runner. The Legal Runner must be approved by the Sheriff and may be rejected for security concerns. The Legal Runner may visit and confer with the inmate during normal hours of inmatevisiting for a maximum of thirty (30) minutes each day. A Legal Runner's status may be terminated by the Sheriff for disruptive conduct or violations of security procedures.
The Trial Court may authorize compensation for the Legal Runner not to exceed seven dollars ($7) per visit to a maximum of one hundred and five dollars ($105) per case.
Pro Per inmates shall submit a list of prospective material witnesses to the Sheriff. Inmates may interview listed witnesses during normal visitation. Witness interviews shall be limited to one per day and thirty (30) minutes in length.
Witness interviews with material witnesses in custody of the Sheriff or other governmental agencies shall only be permitted by specific court order. Pro Per inmates must submit to the court a confidential offer of proof in camera as to the anticipated testimony of such witness pursuant to Rule 6.41(b)(2) above. The court may reject requests for interviews if the offer of proof fails to demonstrate good cause for the interview. Such interviews are limited to thirty (30) minutes.
The time allotted for witness interviews shall not be extended and cannot be combined with time periods allotted for Legal Runner visits or regular visits.
(5) Legal Materials and Legal Correspondence. Pro Per inmates may accumulate legal materials. This includes reports, notes, court documents, and other materials relating to their criminal case. Legal correspondence is any confidential communication between an inmate and any state or federal court, with any attorney licensed to practice law in any state or the District of Columbia, the holder of any public office, the State Board of Corrections, any facility commander where the inmate may be housed, or the Sheriff. Legal correspondence must clearly indicate on the outside of the envelope that it is confidential legal correspondence.
a) It is the inmate's responsibility to store the materials within his/her living area in a safe and sanitary fashion. If the accumulated materials jeopardize the safety or security of the facility, the Sheriff may request the inmate to take appropriate remedial action. If the inmate fails to take such remedial action within a reasonable time, the Sheriff may remove excess property as designated by the inmate. Property removed may be stored by the Sheriff on behalf of the inmate or released to any person designated by the inmate. If the inmate fails to designate property to be removed, the Sheriff shall apply to the court for an order designating which property shall be stored.
b) It is the responsibility of the inmate to keep any legal materials separate and apart from his/her other personal property. The Sheriff may treat any legal materials which are stored with items of personal property such as soap, shampoo, food products, newspapers, and magazines as regular inmate property.
c) Legal materials may be searched only in the presence of the inmate. The Sheriff may inspect the materials for contraband but may not read the contents of the materials.
d) Incoming and outgoing legal correspondence may be searched for contraband only in the presence of the inmate. The Sheriff may physically inspect the materials for contraband but may not read the contents of the materials.
e) Upon the transfer of a Pro Per inmate to another facility, he/she shall be allowed to maintain possession of his/her legal material during the transfer. If an emergency requires an inmate's separation from his/her legal material, the legal material shall be sealed and stored in the inmate's name or released to any person designated by the inmate.
(6) Legal Supplies. Pro Per inmates may use paper, carbon paper, pencils, and erasers. These items may be purchased from the Jail Canteen by the inmate or given to the inmatefrom an outside source through the legal deputy. Items brought to the jail by outside sources shall be subject to reasonable security checks and restrictions imposed by the Sheriff.
No metal fasteners, except staples, will be permitted. Cord or plastic fasteners may be used to secure pages or transcripts. No ink pens or markers of any type are permitted. Inmates may use one personal typewriter in the Law Library. The typewriter must be manual and will only be admitted after a security check. The typewriter will remain in the custody of the Sheriff when it is not in use.
(7) Indigent Supplies. Upon order of the court, the Sheriff will provide legal supplies to indigent Pro Per inmates. Indigent supplies shall consist of one (1) legal tablet, ten (10) sheets of typing paper, one (1) pencil, four (4) sheets of carbon paper, and four (4) envelopes. Indigent supplies shall be given weekly.
Upon order of the court, the Sheriff will deposit a maximum of forty dollars ($40) indigent funds in an inmate's jail trust account. These funds may be used for witness phone calls, postage, purchasing additional supplies, or for other needs directly related to the inmate's case. All receipts for purchases of legal supplies will be retained by the inmate.
(Rule 6.41(c) amended and effective 1/1/2000.)
(d) Investigators. An inmate may retain the services of a state licensed investigator to assist in the preparation of the case. Upon proof to the court of an inmate's indigence and need for an investigator, the court may appoint a state licensed investigator.
Inmates shall be permitted to confer with licensed investigators during the normal hours of visiting. The Sheriff has the discretion to allow this visitation in the Attorney Room at such time as the Sheriff deems appropriate. Unless specifically authorized by the Sheriff, inmates may not use private booths to confer with licensed investigators.
(Rule 6.41(d) amended and effective 1/1/2000.)
(e) Requests for Additional Privileges. All requests for additional or special privileges, or treatment different from other Pro Per inmates, shall be filed with the trial court. These requests shall be accompanied by an affidavit detailing why the additional privilege or treatment is necessary. Requests for additional funds shall be accompanied by a detailed accounting showing how the original funds were expended, as well as for the legal materials previously purchased.
(Rule 6.41(e) amended and effective 1/1/2000.)
(f) Inmate Discipline and Revocation of Pro Per Status and Privileges. Pro Per inmates are subject to discipline for violations of jail rules and regulations in the same manner as all other inmates. All reports of inmate discipline shall be filed with the trial court. After reviewing the discipline report, the court may request the Sheriff to apply for an order modifying or revoking the inmate's Pro Per privileges or Pro Per status.
The Sheriff may apply for an order modifying or revoking some or all of an inmate's Pro Per privileges or Pro Per status for cause. Except in emergency situations, Pro Per privileges may not be revoked or modified as a concomitant of either jail discipline or administrative segregation without complying with the following procedures:
(1) The inmate is given notice of the charges upon which the proposed revocation, modification, or administrative segregation is based at least twenty-four (24) hours in advance of a hearing before the body making the decision to revoke, modify, or segregate.
(2) The inmate is given the opportunity to appear before the decision-making body within forty-eight (48) hours.
(3) The inmate is given the opportunity to present witnesses and documentary evidence. The decision-making body may restrict the presentation of live witnesses if doing so would be hazardous to the facility’s safety.
(4) The inmate is given a written statement of the evidence relied upon and the reasons for the action taken, except that when personal or facility safety requires, the statement may be properly excised of certain items of evidence based upon personal safety or the facility’s security.
(5) As soon as practical after the hearing, but in no event later than two (2) court days after the hearing, the Sheriff shall notify the court before which the inmate's case is pending of the request to revoke or modify the Pro Per privileges of the inmate. In circumstances where the inmate is Pro Per on multiple cases, the notice shall list all cases in which the defendant is acting in Pro Per and shall be filed in the court handling Pro Per matters, as is designated in Rule 6.41(e). This notice shall include a copy of the decision-making body’s report and all available discipline reports. Unless the safety of the inmate, the safety of other inmates or jail staff would be jeopardized, the inmate's Pro Per privileges should not be revoked or modified until the court itself modifies the order granting Pro Per privileges. In emergency situations the Sheriff may immediately suspend all Pro Per privileges, provided that the notice given to the court specifically states the privileges restricted and the emergency justifying the action taken. The Sheriff shall notice the court as soon as practical under the circumstances.
(6) The court receiving the notice outlined in Rule 6.41(f)(5) above shall review the request or decision of the Sheriff. Pending a hearing, the court may direct the Sheriff to reinstate any or all privileges that were suspended due to an emergency. The inmate will be entitled to appear at the hearing and present such evidence and objections as are material and relevant to the action. The court should calendar a hearing within a reasonable time.
(Rule 6.41(f) amended and effective 1/1/2000.)
(g) Temporary Suspension of Pro Per Privileges for Medical or Psychiatric Necessity. The Sheriff may temporarily suspend any or all of a Pro Per inmate’s in custody Pro Per privileges based upon the determination by the treating physician or psychiatrist that current use of any or all of the privileges afforded Pro Per inmates will endanger the health and welfare of the Pro Per inmate, the other Pro Per inmates, or staff. Any temporary suspension under this paragraph shall last only as long as the medical or psychiatric conditions require the limitation, and the Sheriff shall continue to provide all privileges that medical and/or mental health staff deem consistent with the ongoing care of the Pro Per inmate.
(1) The Sheriff shall notify all affected courts in writing of the suspension of Pro Per privileges, which Pro Per privileges were suspended, and the reasons for the temporary suspension of Pro Per privileges. Upon the request of the inmate, the Court shall calendar a hearing within a reasonable time. The inmate will be entitled to appear at the hearing and to present such evidence and objections as are material and relevant.
(2) The fact that a Pro Per inmate is under medical or psychiatric care does not limit the Sheriff’s rights to proceed under Rule 6.41(f) above in circumstances where the inmate has violated jail rules or the provision of these rules.
(3) The Sheriff shall promptly notify the court in writing upon the restoration of in custody Pro Per privileges.
(Rule 6.41(g) [new title, and text] added and effective 1/1/2000.)
(h) Pro Per Committee. The Presiding Judge may designate a committee of judges to act as the Los Angeles County Pro Per Committee. The committee shall meet with members of the Sheriff's Department no less than once annually to review, modify or update these rules.
(Rule 6.41(h) renumbered, amended and effective 1/1/2000.)
(i) Natural Disasters. In the event of a natural disaster or other emergency condition, the Sheriff may temporarily suspend any and all provisions of these rules. Notice shall be given to the Presiding Judge as soon as practical under the circumstances of the disaster. Pro Per privileges shall resume as soon as possible.
(Rule 6.41(i) renumbered, amended and effective 1/1/2000.)
(j) Duration of Privileges. An inmate's Pro Per privileges and status as a Pro Per defendant terminate upon sentencing. Requests for Pro Per privileges after sentencing shall be made to the trial court sentencing the inmate.
(Rule 6.41(j) renumbered, amended and effective 1/1/2000.)
(Rule 6.41 [1/1/96] amended and effective 1/1/2000.)CHAPTER 6 — CAPITAL CASES
Chapter 7 Trial Court Delay Reduction
7.0 INTRODUCTION
(a) Los Angeles Superior Court Delay Reduction Program
(b) Construction
(c) Scope
(d) Time Standards
7.1 DEFINITIONS
(a) " Department One "
(b) " I/C Judge "
(c) " M/C Judge "
(d) " Counsel "
7.2 APPLICATION
(a) Civil Cases
(b) Cases Exempted
(c) Priority Over Other Rules
(d) Criminal Cases
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
(h) Coordination of Cases
(i) Assignment for All Purposes
(j) Effect of Judge Unavailability
(k) Complex Litigation
7.4 ASSIGNMENT OF CASES - DISTRICTS OTHER THAN CENTRAL
7.5 CHALLENGE TO ASSIGNED JUDGE
(a) Time Limitation - I/C Cases
(b) Manner of Challenge - I/C Cases
(c) Time Limitation - M/C Cases
(d) Manner of Challenge - M/C Cases
(e) Effect of Challenge or Recusal
(f) Challenges Under Code of Civil Procedure section 170.6 following Reversal on Appeal
7.6 DIFFERENTIAL CASE MANAGEMENT RULES
(a) Purpose
(b) Application
(c) Differentiation of Cases to Achieve Goals
(d) Case Evaluation Factors
7.7 RESERVED
7.8 CASE REMOVED TO FEDERAL COURT
7.9 CASE MANAGEMENT CONFERENCES
(a) Case Management Conference/Review
(b) Conduct of Case Management Conference/Review
(c) Alternative Dispute Resolution
(d) Setting of Settlement Conference
(e) Written Statements for Settlement Conferences
(f) Court to be Notified of Settlement
(g) Setting of the Trial Date
(h) Final Trial Preparation
(i) Discretionary Final Status Conference Preparation Orders
7.10 (RESERVED)
7.11 CIVIL TRIALS PROCEDURE
7.12 LITIGATION CONDUCT
(a) Continuances and Extensions of Time
(b) Service of Papers
(c) Written Submissions to a Court, Including Briefs, Memoranda, Affidavits and Declarations
(d) Communications With Adversaries
(e) Depositions
(f) Document Demands
(g) Interrogatories
(h) Motion Practice
(i) Dealing with Non-Party Witness
(j) Ex Parte Communications with the Court
(k) Settlement and Alternative Dispute Resolution
(l) Trials and Hearings
7.13 SANCTIONS
7.14 EXCEPTION ORDERS

MISCELLANEOUS
7.15 RESERVED
7.16 TRANSCRIPT OF PROCEEDINGS
7.17 ARBITRATION PROCEEDINGS, IMPOSITION OF SANCTIONS RE SETTLEMENT - REPEALED. Duplicated in Rule 12.5
7.18 RESERVED
7.19 RESERVED
7.20 TELEPHONIC APPEARANCES
7.0 INTRODUCTION
(a) Los Angeles Superior Court Delay Reduction Program. In accordance with the provisions of the Trial Court Delay Reduction Act of 1986 (commencing at Government Code Section 68600), as amended by AB 3820 (1990), ("Act") the judges of the Superior Court for the County of Los Angeles do hereby adopt the following rules ("Rules") implementing the Los Angeles Superior Court Delay Reduction Program. Specifically, the Rules are adopted pursuant to the authority of Government Code Section 68612 and Code of Civil Procedure Section 575.1. The Rules contained in this Chapter 7 supercede previously adopted Delay Reduction Rules, to wit, Chapters 11, 12 and 13 of Los Angeles Superior Court Rules that existed prior to the effective date of the adoption of this Chapter 7.
(b) Construction. The Rules are adopted and shall be liberally construed so as to implement the goals as expressed in Government Code Section 68607. That section imposes upon the judges assigned to delay reduction programs the ". . . responsibility to eliminate delay in the progress and ultimate resolution of litigation, to assume and maintain control over the pace of litigation, to actively manage the processing of litigation from commencement to disposition, and to compel attorneys and litigants to prepare and resolve all litigation without delay, from the filing of the first document invoking court jurisdiction to final disposition of the action." The Judicial Council has set forth the following statement of general principles which shall guide this Court in the implementation of its program:
"Trial courts should be guided by the general principle that from the commencement of litigation to its resolution, whether by trial or settlement, any elapsed time other than reasonably required for pleadings, discovery, and court events is unacceptable and should be eliminated. To enable the just and efficient resolution of cases the court, not the lawyers or litigants, should control the pace of litigation. A strong judicial commitment is essential to reducing delay and, once achieved, maintaining a current docket."
The Court will make every effort to commence trials on the first date assigned for trial, consistent with the resources of the Court and the demands of the criminal calendar.
(c) Scope. It is the purpose of the Rules to set forth the procedures, standards and policies which will be used in the program, including time standards for the conclusion of all critical steps in the litigation process. Further, the Rules are intended to insure absolute uniform application by the Court. Unless for good cause shown, no department may adopt rules, procedures or guidelines inconsistent with these Rules.
(d) Time Standards. This Court adopts the case disposition time standards recommended by the American Bar Association and adopted by the Judicial Council which specify as an ultimate goal the disposition of 90% of all civil cases within one year of filing, 98% within 18 months of filing and 100% within two years of filing. The court recognizes that some cases are more complex than others; accordingly the court will take this into consideration at the time of the status conferences.
(Rule 7.0 effective 1/1/94.)
7.1 DEFINITIONS
(a) "Department One", shall refer to the judge presiding in Department One in the Central District.
(b) "I/C Judge", shall refer to those judges assigned to handle cases on an individual or all purpose calendar. "I/C Cases", shall refer to the cases so assigned.
(c) "M/C Judge", shall refer to those judges who will handle cases on direct assignment from a Master calendar court in accordance with procedures established in a district other than Central. "M/C Cases", shall refer to the cases so assigned.
(d) "Counsel", shall refer to attorney of record and parties in pro per unless otherwise indicated.
(Rule 7.1 effective 1/1/94.)
7.2 APPLICATION
(a) Civil Cases. The Rules contained in this Chapter shall apply to all unlimited and limited jurisdiction civil cases filed in the Los Angeles Superior Court.
(Rule 7.2(a) [11/01/00] amended and effective 1/1/2003.)
(b) Cases Exempted. The Rules shall not apply to any Juvenile, Probate or Domestic (Family Law) cases. In addition, the following matters will not be subject to the Rules, except as noted: (1) small claims matters, (2) name change petitions, (3) pretrial proceedings in all eminent domain cases and, in the Central District, trial of any bifurcated issue as agreed to by the I/C judge and the judge assigned to the Eminent Domain Department (Ref. LASCR, Rules 2.5(e) and 16.11(a)), (4) pretrial proceedings in all property damage cases based on exposure to asbestos products, (5) cases stayed because of a bankruptcy, or an installment settlement, or having been removed to federal court, (6) writs of mandate, and (7) uninsured motorist cases for 180 days after filing, and (8) such other cases as may be designated by the Presiding Judge or Supervising Judge of a district.
An "Uninsured Motorist Case" is a civil action for damages filed against a defendant who is an uninsured motorist, where the plaintiff's claim is subject to an arbitration provision as defined by Government Code section 68609.5 and Insurance Code section 11580.2. Plaintiff shall identify the case as "Uninsured Motorist" by so stating on the face of the complaint or by filing a subsequent "Notice of Uninsured Motorist Designation" as soon as that fact becomes known. The Rules shall apply to Uninsured Motorist Cases 180 days after filing. (Cal. Rules of Court, rule 3.712.)
As to writs of mandate, Rules 7.6 herein will be applied by the Writs and Receivers Department or the appropriate district/department which may be assigned a local mandate in accordance with Rule 2.0(c).
(Rule 7.2(b) [7/1/99, 1/1/2000, 11/01/00, 1/1/2003, 1/1/2004, 7/1/2004] amended and effective 1/1/08.)
(c) Priority Over Other Rules. To the extent that other Local Rules are inconsistent with any of these Rules, the latter shall control. No rule is to be interpreted to controvert any of the provisions of Government Code section 68616(a) through (i) or the California Rules of Court.
(Rule 7.2(c) amended and effective 1/1/2003.)
(d) Criminal Cases. Nothing in these rules shall in any way alter the primary responsibility of judges to handle on a priority basis those criminal cases, as are assigned.
(Rule 7.2 [1/1/94, 1/1/95, 3/1/96, 7/1/99, 1/1/2000, 11/01/00, 1/1/2003, 1/1/2004, 7/1/2004] amended and effective 1/1/08.)
7.3 ASSIGNMENT OF I/C CASES
(a) Proportionate Assignment. A pro rata share of all cases filed in or transferred to any district shall be assigned for all purposes to each civil bench officer assigned to hear I/C cases in that district.
(Rule 7.3(a) amended and effective 1/1/2000.)
(b) Regulation of Case Assignment. The Clerk of the Superior Court ("Clerk") shall take allreasonably appropriate steps, including a system of random use of case numbers, to ensure that neither any party nor any counsel will be able to anticipate case assignment. The name of the judge to whom the case is assigned will be designated by the Clerk on the Summons and the original Complaint.
(c) Notice of Case Assignment. At the time that a civil case is filed, the Clerk shall provide a Notice of Case Assignment, which shall indicate the name of the Judge to whom the case has been assigned. It shall be the duty of each plaintiff (and cross-complainant) to serve a copy of the Notice, with the complaint (and cross-complaint), and give notice of any date set for a status conference.
(Rule 7.3 [1/1/94, 7/1/98] amended and effective 1/1/07.)
(d) Improper Refiling. It shall not be permissible to dismiss and thereafter refile any case for the purpose of obtaining a different Judge. Whenever a case is dismissed by a party or by the court prior to judgment and thereafter the same or essentially the same claims, involving the same or essentially the same parties, are alleged in another action, the later filed action shall be assigned, unless the Presiding Judge for good cause orders otherwise, to the Judge to whom the first filed case had theretofore been assigned. When multiple cases involving the same or essentially the same claims, and the same or essentially the same parties, are filed on the same date, the cases shall be assigned to the judge to whom the low numbered case (or first filed case) has been assigned, whether or not that case has been dismissed.
(Rule 7.3(d) [1/1/94] amended and effective 7/1/07.)
(e) Duty of Counsel. It shall be the duty of every counsel in such later filed action referred to in subdivision (d) above immediately to bring the fact of such dismissal and refiling to the attention of the court. Counsel for plaintiff or cross-complainant (if the earlier action is renewed in a cross-complaint) shall give such notice at the time such pleading is filed. Counsel for all other parties shall give such notice upon their appearance, or as soon thereafter as they discover the facts. Such notice shall be given in a written pleading designated as a "Notice of Related Case" as provided in subdivision (f) below.
(f) Related Cases.
(1) The procedure for relating cases is set forth in California Rules of Court, rule 3.300;
(2) Where one of the cases listed in the Notice of Related Cases has been assigned to one of the departments designated as a Complex Litigation department, the judge in the Complex Litigation department shall determine whether the cases shall be ordered related and assigned to such department;
(3) Where the cases listed in the Notice contain a Probate or Domestic (Family Law) case: if the cases are all pending in the Central District, or if the cases are pending in different districts, Department One shall determine whether the cases shall be ordered related and, if so, to which department they shall be assigned. If the cases are all pending in the same district, other than the Central District, the Supervising Judge of that district shall determine whether the cases shall be ordered related and, if so, to which department they shall be assigned;
(4) In the event any of the cases set forth in the Notice are not ordered related pursuant to California Rules of Court, rule 3.300(h)(1)(A)(B)(C), any party in any of the cases set forth in the Notice may file an application to have the cases related. If the cases are all pending in the Central District, or if the cases are pending in different districts, the Application must be filed in Department One. If the cases are all pending in the same district, other than the Central District, the Application must be filed with the Supervising Judge of that district. Such Application must be served on each party in every one of the cases listed in the Notice, with proof of such service attached.
(Rule 7.3(f) [1/1/2003, 1/1/07, 1/1/08] Subsections: (1) Definition; (2) Notice; (4) Opposition; (5) Ruling on Notice of Related Case(s); (6) When Notice of Related Case(s) is not required; and (7) Authority of Presiding Judge REPEALED, (3) Procedure Regarding Assignment of Related Case(s) REPEALED in part, renumbered, amended and effective 1/1/09.)
(g) Consolidation of Cases.
(1) Cases in the same department. If any party seeks to consolidate Superior Court cases pending in the same department, a motion to consolidate shall be noticed to be heard in that department, even if there has been no order by the court relating the cases.
(2) Cases in different departments. If the cases have been ordered related pursuant to LASCR, Rule 7.3(f), and any party seeks to consolidate Superior Court cases filed in different departments, the motion to consolidate shall be noticed to be heard in the department to which the related case(s) have been assigned.
(3) Cases should be reviewed for pending ADR referrals and the court should ensure the ADR process is for all the consolidated cases and notify parties as such.
(4) Upon consolidation of cases, the first filed case shall be the lead case, unless otherwise ordered by the court. After consolidation, all future papers to be filed in the consolidated case shall be filed only in the case designated as the lead case.
(5) Before consolidation of a limited case with an unlimited case, the limited case must be reclassified as an unlimited case and the reclassification fee paid.
(Rule 7.3(g) [1/1/2000, 11/01/00, (3) added 1/1/2003, (4) added 1/1/07] (5) added and effective 1/1/08.)
(h) Coordination of Cases.
(1) A civil case which is not complex as defined by Standard 3.10 of the Standards of Judicial Administration may be transferred on motion from another court to the Los Angeles Superior Court, if it involves a common question of fact or law within the meaning of Code of Civil Procedure section 404. The motion shall be made in compliance with the procedures established by the Code of Civil Procedure section 403 et seq. Coordination Motions seeking to transfer a case or cases to the central district shall be filed and heard in Department 1. Coordination Motions seeking to transfer a case or cases to a district court shall be heard by the Supervising Judge of the applicable district.
(2) In the event that any party seeks to coordinate a case assigned to a Judge under Code of Civil Procedure section 403 et seq., with one or more actions pending in different courts, such party shall file a petition in accordance with the procedures established by law. A copy of such petition shall be lodged contemporaneously with the Judge assigned to the case.
(3) Cases should be reviewed for pending ADR referrals and the court should ensure the ADR process is for all the coordinated cases and notify parties as such.
(Rule 7.3(h) [1/1/2000, 1/1/2003] amended and effective 1/1/08.)
(i) Assignment for All Purposes. Cases are assigned for all purposes, including trial. Except as the presiding judge may otherwise direct, each judge shall schedule, hear and decide all matters, including law and motion, default prove-ups and minor's compromises for each case assigned.
(j) Effect of Judge Unavailability. Whenever a judge is unavailable to serve in such capacity, whether by reason of death, retirement, resignation, elevation, or is otherwise unavailable, the cases previously assigned to such judge shall be reassigned to another or replacement judge, as the presiding judge shall determine.
(k) Complex Litigation.
(1) The Complex Litigation Program of the Los Angeles Superior Court shall consist of the departments designated by Order of the Presiding Judge. Complex cases shall be filed in the districts designated according to Local Rule 2.0, subdivisions (b) and (c). Complex cases shall be designated or counter-designated as such in the civil cover sheet as provided by California Rules of Court, rules 3.401-3.402.
(2) The Managing Judge of the Complex Litigation Program (or his/her designee) shall review all cases in which a plaintiff/petitioner or a defendant/respondent has designated or counter-designated the case as complex pursuant to the California Rules of Court, rules 3.401-3.402, and all cases that are designated on the civil cover sheet as "provisionally" complex (see California Rules of Court, rule 3.400(c)). This review is to be conducted as soon as possible after the case is filed, in consultation with the judge to whom the case is assigned. The Managing Judge (or his/her designee) shall determine (with or without a hearing) whether or not the case shall be designated as complex pursuant to California Rules of Court, rule 3.403. If the matter is designated as complex and if all parties have not yet paid the complex fee provided for by Government Code section 26826.4, the court shall order payment of that fee.
(3) If the Managing Judge of the Complex Litigation Program (or his/her designee) designates a case as complex, he or she shall determine whether or not the judge to whom the case has been assigned elects to keep the case and handle it for all purposes, including trial. If the judge to whom the case has been assigned does not elect to keep the case for all purposes, the case will be assigned to a judge sitting in a department that has been designated as a complex litigation department. Whether or not a complex case is reassigned to a complex litigation department, the case should be managed with due consideration to California Standards of Judicial Administration section 19 and the case management concepts set forth in the Deskbook on Complex Civil Litigation published by the Judicial Council of California.
(4) Nothing in this rule shall be construed to alter the continuing power of the judicial officer assigned to the case to decide at a later date that a civil action is a complex case or that an action previously declared to be a complex case is not a complex case. (See Cal. Rules of Court, rule 3.403(b).)
(5) In the event that the judge to whom a case is assigned determines that the case is complex even though it was not designated as complex by the Managing Judge of the Complex Litigation Program (or his/her designee), the judge may seek to transfer the case to the ComplexLitigation Program in the following manner. The judge to whom the case is assigned or the parties, on order of the court, shall complete the Complex Civil Case Questionnaire designated by the Managing Judge of the Complex Litigation Program. The Managing Judge of the Complex Litigation Program (or his or her designee) shall determine (with or without a hearing), whether or not the case should be assigned to the Complex Litigation Program in light of the caseload of the Program, the relative complexity of the case compared with cases then assigned to the Program, and the length of time the case has been pending.
(6) It is the policy of the Los Angeles Superior Court, consistent with California Rules of Court, rule 3.403, that it should be decided as soon as reasonably practicable after a case is filed whether the action is a complex case.
(Rule 7.3(k) [Complex Litigation newly added 1/1/06] subs. (k)(2),(3),(4),(5),(6) old text REPEALED, new text added, (7)&(8) REPEALED 1/1/07, amended and effective 1/1/08.)
(Rule 7.3(k) Temporary Restraining Order and Preliminary Injunction -- Central District [1/1/2000] moved to Rule 2.5(p) 4/1/2000.)
(l) Default Matters. Requests for entry of default judgment pursuant to Code of Civil Procedure section 585 may be heard by a default department to be determined by the Supervising Judge without otherwise affecting the assignment of the underlying case to the I/C judge for all purposes.
(Rule 7.3(l) newly added and effective 1/1/08.)
(Rule 7.3 [1/1/94, 1/1/95, 1/1/96, 3/1/96, 7/1/96, 1/1/97, 7/1/98, 1/1/2000, 4/1/2000, 11/01/00, 7/1/2002, 1/1/2003, 7/1/2004, 1/1/2006, 1/1/07, 7/1/07, 1/1/08] amended and effective 1/1/09.)
7.4 ASSIGNMENT OF CASES - DISTRICTS OTHER THAN CENTRAL
In districts other than Central, civil cases shall be assigned as directed by the Supervising Judge. Each district is free to choose whether the civil case will be assigned for all purposes or through a master calendar or a combination thereof. Nevertheless, these Rules, unless otherwise indicated, are applicable to cases filed in the districts. If a district chooses an I/C system then LASCR, rule 7.3, will be implemented by the Supervising Judge of the district rather than the Presiding Judge or Department One, except that the procedure relating to coordination or related cases involving cases in different districts will be handled by Department One of the Central District. (Amended and effective 1/1/95.)
(Rule 7.4 [1/1/94] amended and effective 1/1/95.)
7.5 CHALLENGE TO ASSIGNED JUDGE
(a) Time Limitation--I/C Cases. A challenge to an I/C Judge under Code of Civil Procedure Section 170.6 must be made within 15 days of the party's first appearance (Government Code Section 68616(i)).
(b) Manner of Challenge -- I/C Cases. In I/C cases such challenge must be made orally in open court or in writing before the assigned I/C Judge. The written declaration required by Code of Civil Procedure Section 170.6 shall accompany the challenge.
(c) Time Limitation--M/C Cases. A challenge to an M/C Judge under Code of Civil Procedure Section 170.6 must be made in accordance with the time limitations and procedures set forth therein. A reassignment of a case for trial from one judge to another made by the Presiding Judge or Assistant Presiding Judge is an assignment from the Master Calendar for purposes of Code of Civil Procedure Section 170.6.
(Rule 7.5(c) amended and effective 1/1/98.)
(d) Manner of Challenge -- Assignment of cases for trial. When an M/C case is assigned for trial, challenge must be made orally in open court or in writing in the Master Calendar Department from which the case is assigned. If counsel have been placed on call and the assignment is made by telephone, the challenge must be stated orally during the telephone call in which the assignment is made, and must be confirmed in writing within four court hours by delivering a written challenge to the Master Calendar Department from which the case was assigned. Court hours are as prescribed by Rule 4.0(a).
When a case is reassigned, by or upon the authority of Department One or another Master Calendar department, from an I/C court to another court for trial or other limited purposes, the following rules apply: if the reassignment is made while counsel are present in the I/C courtroom, the challenge must be made orally in open court or in writing at the time of reassignment. If counsel have been placed on call and the assignment is communicated by telephone, the challenge must be stated orally during the telephone call in which the assignment is communicated, and must be confirmed within four court hours by delivering a written challenge to the court from which the telephone call was made. Court hours are as prescribed by Rule 4.0(a).
(Rule 7.5(d) [1/1/98] 1st ¶ amended, 2nd ¶ added and effective 1/1/2001.)
(e) Effect of Challenge or Recusal. Upon the making of a timely and proper challenge under Code of Civil Procedure Section 170.6 to an I/C Judge, the Judge shall immediately transfer the case to Department One or the appropriate District Supervising Judge for reassignment. In no event shall the assertion of a proper challenge, whether under Code of Civil Procedure Section 170.6, or any other statute, or any recusal by an I/C Judge, result in the case being redesignated as an M/C Case.
(Rule 7.5 [1/1/94] amended and effective 1/1/98.)
(f) Challenges Under Code of Civil Procedure section 170.6 following Reversal on Appeal. Upon reversal of any decision of a trial court judge by the court of appeal, and remand to the trial court for further proceedings, the case shall be returned to the last assigned judge. The time for filing any motion under Code of Civil Procedure section 170.6, after reversal and remand, shall begin to run from the date of issuance of the remittitur by the court of appeal.
(Rule 7.5(f) newly added and effective 7/1/07.)
(Rule 7.5 [1/1/94, 1/1/98, 1/1/2001] amended and effective 7/1/07.)
7.6 DIFFERENTIAL CASE MANAGEMENT RULES
(a) Purpose. In accordance with Rules 3.710 to 3.715 of the California Rules of Court, this rule is adopted to advance the goals of Section 68603 of the Government Code and Standard 2.1 of the Standards of Judicial Administration.
(Rule 7.6(a) [1.1.94] amended and effective 1/1/08.)
(b) Application. This rule shall apply to all civil cases not exempt under Rule 7.2(b).
(c) Differentiation of Cases to Achieve Goals.
(1) Evaluation and assignment. At the first status conference or at an earlier time deemed appropriate by the court, the court shall evaluate each case as provided in subdivision (d) below. After evaluation, the court shall assign each case to one of the three case-management plans in subdivision (c)(2) or exempt the case under subdivision (c)(3) from the case-disposition time goals provided under Section 2.1 of the Standards. The court may modify the assigned case-management plan at any time for good cause shown.
(2) Case-management plans. The goals for disposition under the following case-management plans shall be from the date of filing:
(a) Plan 1, disposition within 12 months,
(b) Plan 2, disposition within 18 months,
(c) Plan 3, disposition within 24 months.
(3) Exceptional cases. The court may in the interest of justice exempt a general civil case from the case-disposition time goals if it finds the case involves exceptional circumstances that will prevent the court and the parties from meeting the goals and deadlines imposed by the program. In making the determination, the court shall be guided by subdivision (d) below. If the court exempts the case from the case-disposition time goals, the court shall establish a case-progression plan and monitor the case to ensure timely disposition consistent with the exceptional circumstances, with a goal for disposition within three years.
(d) Case Evaluation Factors. In applying subdivision (c) above, the court shall estimate the maximum time that will reasonably be required to dispose of each case in a just and effective manner. The court shall consider the following factors and any other information the court deems relevant, understanding that no one factor or set of factors shall be controlling and that cases may have unique characteristics incapable of precise definition:
(1) Type and subject matter of the action,
(2) Number of causes of action or affirmative defenses alleged,
(3) Number of parties with separate interests,
(4) Number of cross-complaints and the subject matter,
(5) Complexity of issues, including issues of first impression,
(6) Difficulty in identifying, locating, and serving parties,
(7) Nature and extent of discovery anticipated,
(8) Number and location of percipient and expert witnesses,
(9) Estimated length of trial,
(10) Whether some or all issues can be arbitrated, or should be referred to any other form of Alternative Dispute Resolution,
(11) Statutory priority for the issues,
(12) Likelihood of review by writ or appeal,
(13) Amount in controversy and the type of remedy sought, including measure of damages,
(14) Pendency of other actions or proceedings which may affect the case,
(15) Nature and extent of law and motion proceedings anticipated,
(16) Nature and extent of the injuries and damages,
(17) Pendency of under-insured claims, and
(18) Any other factor that would affect the time for disposition of the case.
(Rule 7.6(d) [1/1/94] amended and effective 1/1/2003.)
(Rule 7.6 [1/1/94, 1/1/2003] amended and effective 1/1/08.)
7.7 RESERVED
(Rule 7.7 DISPOSITION OF CASES [1/1/94, 7/1/95, 7/1/98, 1/1/03] REPEALED 1/1/2004.)
7.8 CASE REMOVED TO FEDERAL COURT
In the event a case is removed to federal court, the court will order a date, not earlier than 90 days from the date of removal, by which counsel shall file a Notice of Status of Removed Case. If the case has not remanded to the trial court by that time, it will be recorded as completed without the need to conduct a further status conference.
(Rule 7.8 effective 1/1/94.)
7.9 CASE MANAGEMENT CONFERENCES
(a) Case Management Conference/Review.
(1) Except for cases exempt under California Rules of Court, rule 3.721, in all unlimited civil cases, the case management conference shall be held not later than 180 days after the complaint is filed. At the case management conference, counsel (and any party in propria persona) shall appear and be fully prepared to discuss, and the court may make orders concerning, the matters set forth in California Rules of Court, rule 3.727.
(2) In all limited civil cases, the court shall conduct a case management review no later than 180 days after the complaint is filed. A case management conference shall not be held and counsel and self-represented parties need not attend a case management conference, unless otherwise ordered by the court.
(3) After the case management conference or review, the court must enter a case management order in accordance with California Rules of Court, rule 3.728.
(4) This rule shall not apply to family law, probate, juvenile court, small claims, unlawful detainer, and civil petition cases.
(Rule 7.9(a) [re-titled, (1) amended, (2) through (4) newly added 1/1/2003] amended and effective 1/1/08.)
(b) Conduct of Case Management Conference/Review.
(1) Unless the court orders another time period, no later than 30 calendar days before the date set for the case management conference or review, the parties shall meet and confer, in person or by telephone, to consider each of the issues identified in California Rules of Court, rules 3.724 and 3.727.
(2) No later than 15 calendar days before the date set for the case management conference or review, each party must file a case management statement using Judicial Council Form CM-110, and serve it on all parties in the case. (Cal. Rules of Court, rule 3.725.)
(Rule 7.9(b)(1)&(2) [newly added 1/1/2003] amended and effective 1/1/08.)
(c) Alternative Dispute Resolution. The court shall refer all appropriate cases to judicial arbitration or mediation consistent with Government Code section 68616 (g). When a case is referred to arbitration or mediation, counsel shall select the arbitrator or mediator and if they cannot agree, the court will designate the arbitrator or mediator and alternates by the end of the day. The ADR Office shall maintain a list of arbitrators and mediators. The list of mediators shall be composed of persons who have completed a minimum of 25 hours of mediation training. The list of arbitrators shall be composed of active members of the state bar and retired judges of courts of record. The court will set the dates for completion of the arbitration or mediation and any further status conference following arbitration or mediation. Consistent with California Rules of Court, rules 3.821 and 3.825, the arbitrator's award must be filed within 10 days of the arbitration hearing. Consistent with California Rules of Court, rules 3.875 and 3.876, the mediator's statement of agreement or non-agreement must be filed within 10 days after the completion of the mediation. An arbitration report shall be filed by plaintiff in the appropriate court five court days before the furtherstatus conference. Other alternative dispute procedures should be considered, such as mini-trials. Counsel should ensure compliance with all ADR Rules set forth in Chapter Twelve.
(Rule 7.9(c) [as (b)(1) 1/1/2001, renumbered, (2)&(3) repealed 1/1/03, 7/1/03] amended and effective 1/1/08.)
(d) Setting of Settlement Conference. The court may set a settlement conference on its own motion or at the request of any party.
(1) Attendance. Unless expressly excused for good cause by the judge, all persons whose consent is required to effect a binding settlement shall be personally present at a scheduled settlement conference. Included among such persons are: the litigants (unless consent of the particular litigant is not required for the settlement); an authorized representative of any insurance company which has coverage involved in the case; and an authorized representative of a corporation or other business or government entity which is a litigant. Such persons shall have full authority to make decisions or negotiate concerning the settlement of the case.
(2) Excuse From Attendance. Any request to the court to excuse attendance of any such person shall be by written stipulation of the parties or by an ex parte application that complies with Rule 9.9. A person excused by the court shall be immediately available for telephone communication with counsel and the court at the time set for the settlement conference.
(3) Familiarity With Case. Attorneys for all parties appearing in the action shall attend the conference and be intimately familiar with the pertinent available evidence involving both liability and damages. Such attorney shall be prepared to discuss the case in depth and, except for good cause shown, shall be the attorney who will try the case.
(4) Liens. Plaintiff's attorney shall ascertain whether there are liens which bear on a potential settlement and, if so, request the claimants or their representatives to attend the conference or be available for telephone communication during the conference.
(Rule 7.9(d)(1) through (4) renumbered, amended and effective 1/1/2003.)
(e) Written Statements for Settlement Conferences. Each party shall submit to the court and serve upon adversaries a written statement not later than five calendar days before the conference.
The written statement shall contain a concise statement of the material facts of the case and the factual and legal contentions in dispute. The statement also shall identify all parties and their capacities in the action and contain citations of authorities which support legal propositions important to resolution of the case. The written statement of a party claiming damages shall contain a list of all special damages claimed as well as a statement of any amounts claimed as general and punitive damages and the total amount claimed as damages.
The written statement shall be submitted directly to the courtroom in which the settlement conference is calendared and shall not be sent to the court generally or to the clerk's office. The written statements will not be filed since they are only used at the settlement conference and will be returned to counsel at the conclusion of the conference.
In a personal injury action the special damages shall be listed. The list shall include all such expenses incurred to the time of the settlement conference. The statements shall also include the general status of the case including offers for settlement in place.
(Rule 7.9(e) renumbered and effective 1/1/2003.)
(f) Court to be Notified of Settlement. Reference California Rules of Court, rule 3.1385. If a case is settled, the plaintiff or plaintiff's counsel must immediately file written notice of the settlement or other disposition with the Court and serve a copy of said notice on the ADR neutral and the ADR Clerk involved in the case. The plaintiff must also immediately give oral notice to allof the above, if a hearing, conference or trial is imminent. If the plaintiff or other party seeking affirmative relief does not notify the court-connected ADR neutral involved in the case of a settlement at least 2 days before a scheduled hearing or session, the court may order the party to compensate the neutral. The amount of compensation may not be less than $150 and may not exceed $450.
The Application and Motion for Compensation must be filed by the neutral within 5 court days of the scheduled hearing or session. If a dismissal has been filed, the court maintains jurisdiction to hear the Application and Motion for Compensation.
(Rule 7.9(f) [renumbered as (b) 11/01/00, 1/01/2001, renumbered as (f) 1/1/03, 7/1/03, new text 1/1/05] amended and effective 1/1/08.)
(g) Setting of the Trial Date. A trial date shall be set in accordance with the goals as set forth in Rule 7.0(d) and with those priorities authorized or mandated by law. There will be no delay in setting the case for trial because counsel have delayed conducting discovery or otherwise delayed processing the case.
(Rule 7.9(g) renumbered from (c) and effective 1/1/2003.)
(h) Final Trial Preparation. The court shall require counsel to attend a final status conference, which shall be held not more than 10 days prior to the trial date. The conference on I/C cases will be held before the assigned I/C judge; on M/C cases, the conference will be held in a department to be designated. At least 5 days prior to this conference, counsel must have exchanged and filed lists of pre-marked exhibits (See Rules 8.61-8.63) to be used at trial, jury instruction requests, trial witness lists, and a proposed short statement of the case to be read to the jury panel explaining the case. Failure to exchange and file these items may result in not being able to call witnesses, present exhibits at trial, or have a jury trial. If actual trial does not commence within 30 days of the set trial date any party has the right to request a modification of any final status conference order or any previously submitted required exchange list.
In an I/C case, the parties shall file and serve any trial preparation motions and dispositive motions, other than summary judgment motions, including motions in limine or bifurcation motion, with timely statutory notice so as to be heard on the day of this final status conference. Unless the court orders otherwise, lead trial counsel must attend the final status conference. At this conference, the court will also consider, inter alia, major evidentiary issues and special verdict issues. In M/C cases, the parties shall file and serve any such trial preparation motions at least five days before the final status conference and they shall be set for hearing on the first day of trial.
In addition, at the final status conference the court shall consider severing for trial all unserved or recently served fictitiously named parties.
(Rule 7.9(h) [renumbered from (d) 1/1/2003, 1/1/05] amended and effective 1/1/06.)
(i) Discretionary Final Status Conference Preparation Orders. Notwithstanding the provisions of Rule 7.9, subdivision (h), pursuant to the case differentiation principles of case management (Cal. Rules of Court, rule 3.710 et seq.), the court in its discretion may order, among other case management techniques, one or more of the following procedures:
(1) A final status conference to be held more than 10 days before the trial date;
(2) An `in person' meeting of the parties before the final status conference concerning the submission to the court of joint trial documents;
(3) The submission of trial documents to the court more than 5 days before the final status conference;
(4) A joint statement to be read to the jury;
(5) A joint witness list;
(6) A joint exhibit list;
(7) A set of agreed jury instructions (and, if necessary, a separate set of instructions to which there is disagreement), in the proper format with all changes and modifications applicable to the case in accordance with California Rules of Court, rule 2.1055, (i.e., correct references to the parties, no blanks, brackets, empty spaces or inapplicable options);
(8) An agreed special verdict form with interrogatories, unless the court has ordered a general verdict form. (Rule 7.9(i) newly added 1/1/06.)
(Rule 7.9 [1/1/94, 1/1/95, 7/1/95, 7/1/97, 1/1/98, 7/1/98, 11/01/00, 1/1/2001, re-titled & amended 1/1/2003, 7/1/03, 1/1/05, 1/1/06] amended and effective 1/1/08.)
7.10. (RESERVED)
(Rule 7.10(b) 30-Day Stipulated Continuance [1/1/94] REPEALED effective 1/1/2003.)
(Rule 7.10(a) Stipulations [1/1/94, 1/1/2003] REPEALED effective 1/1/2005.)
(Rule 7.10 [1/1/94, 1/1/2003] REPEALED effective 1/1/2005.)
7.11 CIVIL TRIALS PROCEDURE
The provisions of Chapter Eight (Civil Trial Procedure) apply to all I/C and M/C cases, except to the extent that they are inconsistent with these Rules. Counsel are expected to be thoroughly familiar with Chapter 8 and should understand that it is the Court's intention to strictly enforce the same.
(Rule 7.11 effective 1/1/94.)
7.12 LITIGATION CONDUCT
The following "guidelines" adopted by the Los Angeles County Bar Association are adopted as civility in litigation recommendations to members of the bar. (Rule 7.12 opening amended and effective July 1, 2000.)
(a) Continuances and Extensions of Time.
(1) First requests for reasonable extensions of time to respond to litigation deadlines, whether relating to pleadings, discovery or motions, should ordinarily be granted as a matter of courtesy unless time is of the essence. A first extension should be allowed even if the counsel requesting it has previously refused to grant an extension.
(2) After a first extension, any additional requests for time should be dealt with by balancing the need for expedition against the deference one should ordinarily give to an opponent's schedule of professional and personal engagements, the reasonableness of the length of extension requested, the opponent's willingness to grant reciprocal extensions, the time actually needed for the task, and whether it is likely a court would grant the extension if asked to do so.
(3) A lawyer should advise clients against the strategy of granting no time extensions for the sake of appearing "tough".
(4) A lawyer should not seek extensions or continuances for the purpose of harassment or prolonging litigation.
(5) A lawyer should not attach to extensions unfair and extraneous conditions. A lawyer is entitled to impose conditions such as preserving rights that an extension might jeopardize or seeking reciprocal scheduling concessions. A lawyer should not, by granting extensions, seek to preclude an opponent's substantive rights, such as his or her right to move against a complaint.
(b) Service of Papers.
(1) The timing and manner of service of papers should not be used to the disadvantage of the party receiving the papers.
(2) Papers should not be served sufficiently close to a court appearance so as to inhibit the ability of opposing counsel to prepare for that appearance or, where permitted by law, to respond to the papers.
(3) Papers should not be served in order to take advantage of an opponent's known absence from the office or at a time or in a manner designed to inconvenience an adversary, such as late on Friday afternoon or the day preceding a secular or religious holiday.
(4) Service should be made personally or by facsimile transmission when it is likely that service by mail, even when allowed, will prejudice the opposing party.
(c) Written Submissions to a Court, Including Briefs, Memoranda, Affidavits and Declarations.
(1) Written briefs or memoranda or points and authorities should not rely on facts that are not properly part of the record. A litigant may, however, present historical, economic, or sociological data if such data appear in or are derived from generally available sources.
(2) Neither written submissions nor oral presentations should disparage the intelligence, ethics, morals, integrity or personal behavior of one's adversaries, unless such things are directly and necessarily in issue.
(d) Communications With Adversaries.
(1) Counsel should at all times be civil and courteous in communicating with adversaries, whether in writing or orally.
(2) Letters should not be written to ascribe to one's adversary a position he or she has not taken or to create "a record" of events that have not occurred.
(3) Letters intended only to make a record should be used sparingly and only when thought to be necessary under all the circumstances.
(4) Unless specifically permitted or invited by the court, letters between counsel should not be sent to judges.
(e) Depositions.
(1) Depositions should be taken only where actually needed to ascertain facts or information or to perpetuate testimony. They should never be used as a means of harassment or to generate expense.
(2) In scheduling depositions, reasonable consideration should be given to accommodating schedules or opposing counsel and of the deponent, where it is possible to do so without prejudicing the client's rights.
(3) When a deposition is noticed by another party in the reasonably near future, counsel should ordinarily not notice another deposition for an earlier date without the agreement of opposing counsel.
(4) Counsel should not attempt to delay a deposition for dilatory purposes but only if necessary to meet real scheduling problems.
(5) Counsel should not inquire into a deponent's personal affairs or question a deponent's integrity where such inquiry is irrelevant to the subject matter of the deposition.
(6) Counsel should refrain from repetitive or argumentative questions or those asked solely for purposes of harassment.
(7) Counsel defending a deposition should limit objections to those that are well founded and necessary for the protection of a client's interest. Counsel should bear in mind that most objections are preserved and need be interposed only when the form of a question is defective or privileged information is sought.
(8) While a question is pending, counsel should not, through objections or otherwise, coach the deponent or suggest answers.
(9) Counsel should not direct a deponent to refuse to answer questions unless they seek privileged information or are manifestly irrelevant or calculated to harass.
(10) Counsel for all parties should refrain from self-serving speeches during depositions.
(11) Counsel should not engage in any conduct during a deposition that would not be allowed in the presence of a judicial officer.
(f) Document Demands.
(1) Demands for production of documents should be limited to documents actually and reasonably believed to be needed for the prosecution or defense of an action and not made to harass or embarrass a party or witness or to impose an inordinate burden or expense in responding.
(2) Demands for document production should not be so broad as to encompass documents clearly not relevant to the subject matter of the case.
(3) In responding to document demands, counsel should not strain to interpret the request in an artificially restrictive manner in order to avoid disclosure.
(4) Documents should be withheld on the grounds of privilege only where appropriate.
(5) Counsel should not produce documents in a disorganized or unintelligible fashion, or in a way calculated to hide or obscure the existence of particular documents.
(6) Document production should not be delayed to prevent opposing counsel from inspecting documents prior to scheduled depositions or for any other tactical reason.
(g) Interrogatories.
(1) Interrogatories should be used sparingly and never to harass or impose undue burden or expense on adversaries.
(2) Interrogatories should not be read by the recipient in an artificial manner designed to assure that answers are not truly responsive.
(3) Objections to interrogatories should be based on a good faith belief in their merit and not be made for the purpose of withholding relevant information. If an interrogatory is objectionable only in part, the unobjectionable portion should be answered.
(h) Motion Practice.
(1) Before filing a motion, counsel should engage in more than a mere pro forma discussion of its purpose in an effort to resolve the issue.
(2) A lawyer should not force his or her adversary to make a motion and then not oppose it.
(i) Dealing with Non-Party Witness.
(1) Counsel should not issue subpoenas to non-party witnesses except in connection with their appearance at a hearing, trial or deposition.
(2) Deposition subpoenas should be accompanied by notices of deposition with copies to all counsel.
(3) Where counsel obtains documents pursuant to a deposition subpoena, copies of the documents should be made available to the adversary at his or her expense even if the deposition is canceled or adjourned.
(j) Ex Parte Communications with the Court.
(1) A lawyer should avoid ex parte communication on the substance of a pending case with a judge (or his or her law clerk) before whom such case is pending.
(2) Even where applicable laws or rules permit an ex parte application or communication to the court, before making such an application or communication, a lawyer should make diligent efforts to notify the opposing party or a lawyer known to represent or likely to represent the opposing party and should make reasonable efforts to accommodate the schedule of such lawyer to permit the opposing party to be represented on the application.
(3) Where the rules permit an ex parte application or communication to the court in an emergency situation, a lawyer should make such an application or communication (including an application to shorten an otherwise applicable time period) only where there is a bona fide emergency such that the lawyer's client will be seriously prejudiced by a failure to make the application or communication on regular notice.
(k) Settlement and Alternative Dispute Resolution.
(1) Except where there are strong and overriding issues of principle, an attorney should raise and explore the issue of settlement in every case as soon as enough is known about the case to make settlement discussions meaningful.
(2) Counsel should not falsely hold out the possibility of settlement as a means for adjourning discovery or delaying trial.
(3) In every case, counsel should consider and discuss with the client whether the client’s interest could be adequately served and the controversy more expeditiously and economically disposed of by arbitration, mediation or other forms of alternative dispute resolution.
(4) Counsel are encouraged to discuss the various ADR processes with their clients and explain the confidentiality and non-binding nature of the selected process.
(5) The court ADR program may be used for 1 pro bono ADR process through an ADR hearing. The court ADR program is available for an additional ADR process, if the parties want to retain the court ADR Neutral on a private basis.
(Rule 7.12(k) amended and effective 1/1/2003.)
(l) Trials and Hearings.
(1) Counsel should be punctual and prepared for any court appearance.
(2) Counsel should always deal with parties, counsel, witnesses, jurors or prospective jurors, court personnel and the judge with courtesy and civility.
(Rule 7.12 [1/1/94, REPEALED in part by CRC 981.1 7/1/2000] amended and effective 1/1/2003.)
7.13 SANCTIONS
The court may impose appropriate sanctions for the failure or refusal (1) to comply with the Rules, (2) to comply with any order made hereunder or (3) to meet the time standards and/or deadlines established herein. Counsel are directed to Code of Civil Procedure sections 128, 128.7, 177.5, 575.2, 583.150, 583.430, 2016 through 2036, Government Code section 68609(d), and Rule 2.30 of the California Rules of Court. Such sanctions may be imposed on a party and/or, if appropriate, on counsel for such party. While the court may impose sanctions for specified conduct, the court should do so sparingly and only when clearly warranted.
(Rule 7.13 [1/1/94, 7/1/06] amended and effective 1/1/08.)
7.14 EXCEPTION ORDERS
Nothing in the Rules shall be interpreted to prevent the court in an individual case from issuing an exception order based on a specific finding that the interests of justice require a modification of the routine procedures prescribed herein.
(Rule 7.14 effective 1/1/94.)
MISCELLANEOUS
7.15 RESERVED
(Rule 7.15 [1/1/94] DATA PROCESSING CONTROL FORMS REPEALED 7/1/98.)
7.16 TRANSCRIPT OF PROCEEDINGS
(a) Whenever a party requests a transcript of all or a part of a trial or proceedings, the reporter or electronic recording monitor shall forthwith inform all other parties of such request and inquire whether any of such parties desire a copy of such transcript.
(b) The Court, as depository of fees, shall charge for administering the Court Report Trust Fund. The fee shall be assessed at the time the Court Reporter's Fees are deposited with the Court. (Rule 7.16(b) added & effective 3/1/96.)
(Rule 7.16 [1/1/94] amended and effective 3/1/96.)
7.17 ARBITRATION PROCEEDINGS, IMPOSITION OF SANCTIONS RE SETTLEMENT -- REPEALED. Duplicated in Rule 12.5
(Rule 7.17 [1/1/94] REPEALED 7/1/95.)
7.18 RESERVED
(Rule 7.18 [1/1/94] DATA PROCESSING CONTROL FORMS REPEALED 7/1/98.)
7.19 RESERVED
(Rule 7.19 [1/1/94] CONFIDENTIALITY AGREEMENTS AND PROTECTIVE ORDERS REPEALED July 1, 2002.)
7.20 TELEPHONIC APPEARANCES
(a) Counsel for any party may request to appear by telephone at any pretrial hearing at which no evidence will be taken, except the following:
(1) A status conference that is held for any purpose other than, or in addition to, setting the case for trial;
(2) A settlement conference;
(3) A mediation or judicial arbitration proceeding;
(4) An application for a Temporary Restraining Order;
(5) An ex parte application for any order other than:
a) permission to file Points & Authorities in excess of the applicable page limits;
b) to set hearing dates on alternative writs and orders to show cause;
c) to obtain approval of a stipulation or other proposed order of the court;
(6) Any hearing at which the judge or hearing officer decides that the personal appearance of counsel will materially assist in a determination of the proceeding or in resolution of the case.
(b) Counsel desiring to appear by telephone shall request to do so in the time and in the manner required by California Rules of Court, Rule 3.670. The request will be deemed approved, unless the court gives notice to the contrary.
(Rule 7.20(b) [1/1/2000] amended and effective 1/1/08.)
(c) The court has entered into a contract with a private vendor who may provide teleconferencing services for court appearances, but only for hearings before those judges who elect to participate in the contractor's program. Counsel who are contacted by the contractor shall follow the contractor's instructions with respect to implementation of the telephonic appearance. The contractor may charge counsel appearing by telephone a reasonable fee, specified in the contract, for the contractor's services. Unless notified to the contrary by the contractor or by the clerk, a party requesting to appear by telephone shall telephone the clerk in the department in which the hearing is calendared no less than 15 minutes before the time at which the hearing is set, and said party shall follow the instructions of the clerk with respect to the implementation of the telephonic appearance.
(d) A hearing in which a telephonic appearance is noticed shall be set on the court's regular calendar at the same time as all similar matters not involving telephonic appearances are heard.
(Rule 7.20 [1/1/2000] amended and effective 1/1/08.)
Chapter 8 Civil Trial Procedure
8.0 ENFORCEMENT AND SANCTIONS
8.1 TALKING, SMOKING, CHEWING GUM AND EATING, ETC.
8.2 INAPPROPRIATE DRESS
8.3 TRAVERSING " WELL "
8.4 SEATING OF COUNSEL
8.5 ADDRESSING THE JUDGE
8.6 REQUESTS TO THE REPORTER ADDRESSED TO COURT
8.7 " OFF-THE-RECORD " CONFERENCES
8.8 ADDRESS TO COURT BY REPRESENTED PARTY OR WITNESS
8.9 EXAMINATION FROM COUNSEL TABLE
8.10 APPROACHING A WITNESS
8.11 STAND TO OBJECT AND ARGUE
8.12 COUNSEL'S USE OF BLACKBOARD AND PAPER DURING PRESENTATION OF EVIDENCE
8.13 COMMUNICATION TO COURT BY PARTIES AND WITNESSES
8.14 ARGUMENT ADDRESSED TO COURT
8.15 ADDRESSING OTHERS
8.16 FAMILIARITY WITH JURORS TO BE AVOIDED
8.17 COMMUNICATION TO JURORS BY PARTIES AND WITNESSES
8.18 USE OF INTERPRETERS
8.19 PERSONS WITH DISABILITIES
8.20 TRIAL CONFERENCE
(a) Voir Dire Examination
(b) Statement of Case Read to Jury Panel
(c) Less Than Twelve Jurors
(d) Number of Alternate Jurors
(e) Stipulation to Excuse Jurors
(f) Determination of Sides and Allocation of Peremptory Challenges
(g) Stipulations
(h) Requests for Judge to Ask Specific Questions
(i) Other Trial Matters
8.21 SETTLEMENT DISCUSSIONS WITH TRIAL JUDGE
8.22 NUMBER OF JURORS AND ALTERNATES
8.23 NUMBER OF PROSPECTIVE JURORS CALLED
8.24 JURY INSTRUCTION CONFERENCE
8.25 DUTY OF COUNSEL TO MODIFY CACI INSTRUCTIONS
8.26 FORM OF PROPOSED JURY INSTRUCTIONS (Code Civ. Proc., §§ 607a, 609.)
8.27 CHANGING JURY INSTRUCTIONS
8.28 FILLING THE JURY BOX
8.29 QUESTIONING JURY PANEL ON HARDSHIP
8.30 STATEMENT OF THE CASE TO PROSPECTIVE JURORS
8.31 VOIR DIRE EXAMINATION OF JURORS
8.32 CHALLENGES FOR CAUSE (Code Civ. Proc., § 227)
8.33 PEREMPTORY CHALLENGES
8.34 EXCUSING PROSPECTIVE JURORS
8.35 VOIR DIRE OF REPLACEMENTS
8.36 SELECTING ALTERNATE JURORS
8.37 ADMONITIONS TO JURORS
8.38 NOTE PADS AND PENCILS
8.39 MULTIPLE COUNSEL
8.40 USE OF GRAPHIC DEVICES IN OPENING STATEMENTS
8.41 ARGUMENTS TO BE OUT OF JURY'S HEARING
8.42 OFFERS OF PROOF TO BE OUT OF JURY'S HEARING
8.43 OFFERS TO STIPULATE TO BE OUT OF JURY'S HEARING
8.44 COURT TO ADVISE JURY OF STIPULATIONS
8.45 REQUESTS TO ADVERSARIES TO BE OUT OF JURY'S HEARING
8.46 ANTICIPATION OF SENSITIVE AREAS OF INQUIRY
8.47 MOTIONS
8.48 ADVICE TO JURY AS TO COURT EXPERT
8.49 FINAL ARGUMENTS
8.50 OBJECTIONS TO FINAL ARGUMENT
8.51 WHEN INSTRUCTIONS TO BE READ TO THE JURY
8.52 USE OF JURY INSTRUCTIONS IN JURY ROOM
8.53 WHEN JURORS UNABLE TO AGREE
8.54 ADMONITION UPON SEPARATION OF JURORS
8.55 QUESTIONS BY JURORS
8.56 RECEIVING VERDICTS AND POLLING JURY
8.57 DISCHARGE OF JURY
8.58 DOCUMENTS PRODUCED THROUGH A NONPARTY
8.59 LARGE, DANGEROUS AND BULKY EXHIBITS
8.60 MARKING OF EXHIBITS
8.61 MARKING OF EXHIBITS FIRST DISCLOSED DURING TRIAL
8.62 UNIFORM METHOD OF MARKING EXHIBITS
8.63 ORAL IDENTIFICATION OF EXHIBITS AT FIRST REFERENCE
8.64 EXHIBITS TO HAVE BEEN SHOWN TO ADVERSARIES BEFORE FIRST REFERENCE
8.65 WHEN EXHIBITS OFFERED
8.66 WHEN EXHIBITS TO BE GIVEN TO JURORS
8.67 EXHIBITS NOT TO BE PLACED IN JURORS' HANDS
8.68 EXHIBITS ADMITTED IN PART
8.69 EVIDENCE ADMITTED FOR A LIMITED PURPOSE
8.70 USE OF DEPOSITIONS, INTERROGATORIES AND REQUESTS FOR ADMISSION
8.71 SIGNING, CERTIFICATION AND LODGING OF DEPOSITIONS
8.72 LIST OF CHANGES IN DEPOSITION
8.73 RETURN OF EXHIBITS
8.74 GRAPHIC DEVICES USED IN ARGUMENT
8.75 MAPS, PLANS AND DIAGRAMS
8.76 OBJECTIONS TO BE SUCCINCTLY STATED
8.77 RESPONSE TO OBJECTIONS AND ARGUMENTS THEREON
8.78 ADMONITION TO WITNESSES
8.79 QUESTIONS NOT BE INTERRUPTED
8.80 EFFECT OF ASKING ANOTHER QUESTION
8.81 EXCHANGE OF INFORMATION AS TO FUTURE SCHEDULING
8.82 " ON-CALL " WITNESSES
8.83 COMPLETION OF WITNESS' TESTIMONY
8.84 EXCLUDING WITNESSES
8.85 WRITTEN HYPOTHETICAL QUESTIONS
8.86 CONSULTATION WITH WITNESS ON THE STAND
8.87 ISSUANCE OF WARRANTS
8.88 QUESTIONING BY JUDGE
8.89 EXCLUSION OF EVIDENCE ON COURT'S OWN MOTION
8.90 ADVICE BY COURT AS TO SELF-INCRIMINATION
8.91 POLICY AGAINST INDICATION AS TO TESTIMONY
8.92 MOTIONS IN LIMINE
8.93 MOTIONS FOR A VIEW TO BE TAKEN
8.94 MOTIONS FOR NEW TRIAL AND FOR JUDGMENT N.O.V.
8.95 SPECIAL VERDICT AND FINDINGS FORMS
8.96 FORM OF JUDGMENT (See Chapter 3)

SMALL CLAIMS
8.97 (RESERVED)
8.98 FAILURE TO APPEAR
8.99 TRIAL

UNLAWFUL DETAINER LIMITED CIVIL CASES
8.100 RESERVED
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.)
Chapter 9 Civil Law And Motion General
9.0 TIME OF HEARING AND FILING OF PAPERS
(a) Time for Filing
(b) Lodged Materials
(c) Documents, Exhibits and Attachments Presented for Filing
(d) Time of Hearing
9.1 EVIDENCE AT HEARING
(a) Reference California Rules of Court, rule 3.1306
(b) Oral Testimony
9.2 JUDICIAL NOTICE
(a) Reference California Rules of Court, rule 3.1306
(b) LASC Files
(c) Files From Other Court
9.3 REFERENCES (Code Civ. Proc., § 638 et seq.; Cal. Rules of Court, rules 3.900, 3.920)
(a) Availability of Referee
(b) Judgement
9.4 ASSIGNED DEPARTMENTS
(a) Assignments For All Purposes
(b) Assignment For Limited Purpose
(c) Rents And Profits Receiverships
(d) Days And Times Of Hearings In Department 85 And Department 86
(e) Days And Times Of Hearings In Department 59 And Department 66
(f) Districts Other Than Central District
9.5 PREROGATIVE WRITS
(a) Service of Petition
(b) Manner of Service
(c) Persons to be Served
(d) Order to Show Cause and Motions
(e) Alternative Writs
(f) Pleadings
(g) Evidence
(h) Scope of Review
9.6 INJUNCTIONS
(a) Preliminary Injunctions
9.7 CONTEMPT
(a) Order to Show Cause
(b) Trial
(c) Punishment
9.8 APPLICATION FOR RELIEF FROM CLAIM FILING REQUIREMENTS
9.9 TIME OF EX PARTE HEARINGS
(a) Ex parte Hearings in Central District
(b) Civil Harassment Applications
9.10 REQUEST TO ENTER DEFAULT
(a) Failure to Answer
(b) Other Defaults
9.11 PROCEDURES FOR OBTAINING DEFAULT JUDGEMENT
(a) Submission on Declarations Preferred
(b) Oral Prove-up Hearings (e.g. Quiet Title Actions)
9.12 SUBMISSION ON DECLARATIONS; DOCUMENTS TO BE PRESENTED
9.13 WRITTEN OBLIGATIONS TO PAY MONEY
9.14 INTEREST
9.15 ATTORNEY'S FEES
(a) See LASCR, Rule 3.2
(b) Deed of Trust or Mortgage
(c) Assessment of Bond
(d) Extraordinary Services
(e) Services Benefiting a Minor
(f) Contractual Provision
9.16 SERVICE BY PUBLICATION
9.17 PENDING MOTIONS TO VACATE DEFAULT
9.18 EVIDENTIARY STANDARDS
(a) Court to Hear Evidence
(b) Authentication
(c) Hearsay
(d) Foundation
WRITS OF ATTACHMENT/POSSESSION
9.19 DEPARTMENTS ASSIGNED
(a) Central District
(b) District Courts
9.20 TIME AND PLACE FOR PROCEEDINGS
(a) Central District
(b) District Courts
9.21 PAYMENT OF FEE FOR FILING OF PAPERS IN PROCEEDINGS FOR WRIT OF ATTACHMENT/POSSESSION AFTER HEARING
9.22 DEPARTMENTS ASSIGNED
(a) Central District
(b) District Courts
9.23 TIME AND PLACE FOR SUPPLEMENTAL PROCEEDINGS
(a) Central District
(b) District Courts
ACTIONS ARISING UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
9.24 MANDATE ACTIONS UNDER PUBLIC RESOURCES CODE SECTION 21000 ET SEQ.
(a) Where Filed
(b) Ordering the Administrative Record
(c) Mediation
(d) Preparing the Administrative Record
(e) Certifying and Lodging the Record
(f) Disputes Regarding the Contents of the Administrative Record
(g) Notice of Hearing
(h) Briefing Schedule
(i) Settlement Meeting
(j) Trial Notebook
9.25 APPLICATIONS TO PROCEED IN FORMA PAUPERIS
(a) Form of Application and Place of Filing
(b) Authority of Clerk to Grant Application
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.
Chapter 10 Probate
GENERAL PROVISIONS
10.0 APPLICABILITY OF RULES
(a) Applicability of Rules
(b) Rules of Construction
(c) Jurisdiction
10.1 EXCUSE FROM COMPLIANCE
10.2 PROBATE COURT INFORMATION
(a) District Courts Hearing Probate Matters
(b) Addresses and Telephone Numbers and Calendaring Information
10.3 PROBATE ATTORNEY'S NOTES
(a) Probate Notes Available on the Web
(b) Clearing Probate Notes
(c) Updated Probate Notes
(d) Failure to Clear Probate Notes
10.4 PROBATE NOTE ABBREVIATIONS

HEARINGS, EX PARTE PROCEDURES AND TRIALS
10.5 SETTING OF PROBATE MATTERS
10.6 RESETTING PETITIONS
10.7 CENTRAL DISTRICT - PROBATE LAW AND MOTION MATTERS
(a) Setting for Probate Law and Motion Matters
(b) Filing Oppositions, Joinders and Replies to Opposition in Law and Motion Matters
10.8 EX PARTE PROCEDURES
(a) Time for Ex Parte Matters in Central District
(b) Time for Ex Parte Matters in District Courts
(c) Preliminary Considerations
(d) Ex Parte Procedures
10.9 PROBATE HEARINGS CANNOT BE ADVANCED
10.10 CONTINUANCES OF NON-TRIAL MATTERS
(a) Continuances of Matters Not Ready for Hearing
(b) Continuances Pursuant to Stipulation
(c) Continuance To Permit Filing of Objections/Responses
(d) Notice of Continued Matters
10.11 CONTINUING PROBATE LAW AND MOTION MATTERS
10.12 TRIALS ON CONTESTED MATTERS IN CENTRAL DISTRICT
(a) Trial Setting
(b) Joint Trial Statements for All Contested Matters
(c) Continuances
(d) Motions in Limine

TRANSFERRING, CONSOLIDATING, AND RELATING CASES
10.13 TRANSFERS FROM ONE DISTRICT TO ANOTHER
10.14 CONSOLIDATION AND/OR TRANSFER OF CASES
10.15 RELATED CASES
(a) Related Probate Cases
(b) Relating Probate Cases To Non-Probate Cases

PLEADINGS
10.16 DOCUMENT FILINGS REQUIRE DEPARTMENT NUMBER AND HEARING DATE
10.17 DOCUMENT FILING REQUIREMENTS
(a) Reproducing Judicial Council Forms
(b) Filing Requirements to Facilitate Document Scanning
10.18 SUPPLEMENTAL AND AMENDED PLEADINGS
(a) Supplemental Pleadings
(b) Amended Pleading
10.19 OPPOSITION AND REPLY PLEADINGS
10.20 ORDERS
(a) Orders in Contested Proceedings
(b) Use of Judicial Council Form Orders
(c) Probate Volunteer Panel (PVP) Attorney's Approval of Orders
(d) Material To Be Included In Probate Orders
(e) Riders and Exhibits
(f) Nunc Pro Tunc Orders
10.21 ISSUANCE OF LETTERS TO PERSONAL REPRESENTATIVES OF DECEDENTS'ESTATES
(a) Issuance of Letters
(b) Multiple Representatives
(c) Confidential Supplement To Duties and Liabilities of Personal Representative

PROVISIONS COMMON TO VARIOUS CASE TYPESAND MISCELLANEOUS PROCEEDINGS
10.22 MOTIONS TO WITHDRAW AS ATTORNEY OF RECORD - CITATION REQUIRED FOR FIDUCIARY
10.23 PARTY TO GIVE NOTICE
(a) Party To Give Notice
(b) Undelivered Notice
10.24 PETITION TO DETERMINE TITLE TO REAL OR PERSONAL PROPERTY
(a) Caption and Setting
(b) Notice of Hearing
10.25 APPRAISAL OF PERSONAL PROPERTY BEFORE SALE
10.26 SALES OF REAL PROPERTY
(a) Published Notice for Private Sales of Real Estate
(b) Sale of Specifically Devised Real Property
(c) Increased Bid Forms
(d) Real Estate Commissions
10.27 BORROWING AND REFINANCING
(a) Petition
(b) Inventory and Appraisal
10.28 REDUCTION AND WAIVER OF BOND
(a) Court Order Required to Increase or Decrease Bond or Substitute Surety
(b) Description of Bonds in Accounts
(c) Request for Bond Waiver In Decedents' Estates Proceedings
(d) Appearance Required In Decedents' Estate Proceedings
10.29 BANK STATEMENTS AND BLOCKED ACCOUNTS
(a) Decedents' Estates and Trusts
(b) Reconciliation
(c) Confidential Financial Statements
(d) Blocked Accounts
10.30 ACCOUNTS AND REPORTS SUFFICIENCY OF BOND TO BE STATED
10.31 PAYMENT AND REIMBURSEMENT OF COSTS
(a) Non-reimbursable Costs
(b) Discretionary Reimbursement
10.32 FINDINGS AS TO CHARACTER OF PROPERTY
(a) Facts Establishing Community or Quasi-community Property Character of Assets
(b) Documents Supporting Community or Quasi-community Property Character of Assets
(c) Copies of Deeds To Be Attached
(d) Will as Basis for Passing Decedent's Property
(e) Petitioner Is Not the Spouse or Domestic Partner
(f) Spousal or Domestic Property Petitions, Findings Regarding Character of Property
10.33 AFFIDAVITS FOR REAL PROPERTY OF SMALL VALUE PROBATE CODE SECTION 13200 ET SEQ12
(a) Decedent Died Testate
(b) Decedent Died Intestate

DECEDENTS' ESTATES PROCEEDINGS
10.34 APPOINTMENT OF SPECIAL ADMINISTRATORS
(a) Notice
(b) Preference
(c) Bond
10.35 DECLINATIONS AND CONSENTS TO ACT
(a) Declination of Named Executor
(b) Consent to Act
10.36 APPOINTMENT OF PUBLIC ADMINISTRATOR
(a) Appointment
(b) Notice
10.37 PROOF OF WILLS AND CODICILS
(a) Self Proving Wills and Codicils
(b) Non-Self Proving Wills
10.38 FOREIGN LANGUAGE WILL
10.39 SUBSEQUENT PETITIONS FOR PROBATE
10.40 INCORPORATED CITIES IN LOS ANGELES COUNTY
10.41 NOTICE TO CREDITORS
(a) Notice To Known and Reasonably Ascertainable Creditors
(b) Claims by Public Entities
10.42 CREDITOR'S CLAIMS
(a) Creditor's Claims of Personal Representatives or Their Attorneys
(b) Funeral and Interment Claims
10.43 NOTICE OF PROPOSED ACTION
(a) A Notice of Proposed Action
(b) Notice Filed with the Court
(c) Petitions for Distribution
10.44 PETITION FOR FAMILY ALLOWANCE
(a) Ex Parte Petitions
(b) Limitation on Period of Family Allowance
(c) Reasonableness and Eligibility
10.45 HEIRSHIP DETERMINATIONS
(a) Notice of Hearing
(b) Notice to Attorney General
(c) Contents of Petition
(d) Genealogical Chart
(e) Escheat
10.46 PETITIONS FOR INSTRUCTIONS
(a) Limitations
(b) Specifying Instruction
10.47 COLLECTION OF DAMAGES FOR WRONGFUL DEATH/PHYSICAL INJURY OR PROPERTY DAMAGE
(a) Wrongful Death Damages
(b) Physical Injury or Property Damages
(c) Court Approval Required
10.48 PETITIONS FOR PRELIMINARY AND FINAL DISTRIBUTION
(a) Schedule of Creditors' Claims
(b) Medi-Cal Recipient
(c) Heir Confined In a Correctional Facility
10.49 PAYMENT OF COSTS OF ADMINISTRATION
10.50 ALLEGATIONS REGARDING CREDITORS
10.51 MEDI-CAL NOTIFICATION
10.52 INHERITANCE TAXES FOR DECEDENTS DYING BEFORE JUNE 8, 1982
10.53 GUIDELINES FOR ATTORNEY COMPENSATION
10.54 ALLEGATION RE CHARACTER OF PROPERTY
10.55 PROVISIONS RE SURVIVORSHIP
10.56 DESCRIPTION OF DISTRIBUTEES
(a) Names and Addresses
(b) Age of Minors and Others
10.57 ORDERS ESTABLISHING TESTAMENTARY TRUSTS
(a) Appointment of Testamentary Trustee Prior To Distribution
(b) Orders Establishing Testamentary Trusts
10.58 DOCUMENTS TO BE ON FILE BEFORE ORDER FOR DISTRIBUTION OF DEVISE TO MINOR OR FIDUCIARY
(a) Distributions To Minors
(b) Distribution To Court Appointed Fiduciary
10.59 POST DECEASED DISTRIBUTEES, DISTRIBUTION PURSUANT TO PROBATE CODE SECTION 13100 ET SEQ18
(a) Post Deceased Distributee Died Testate
(b) Post Deceased Distributee Died Intestate
10.60 ASSIGNMENT OR TRANSFER OF INTEREST IN ESTATE
(a) Notification To Court
(b) Written Assignment or Transfer of Interest
(c) Distribution Care-of Attorney
10.61 RECEIPTS OF DISTRIBUTION
(a) Distributee Receipts
(b) Recorded Deed or Order In Lieu of Distributee's Receipt

GUARDIANSHIP PROCEEDINGS
10.62 APPOINTMENT OF GUARDIANS
(a) Single Petition for Multiple Minors
(b) PRO 003 Must Be Filed with Petition
(c) Appointment of Non-Relative Guardians
10.63 GUARDIANSHIP ACCOUNTS OR WAIVERS OF ACCOUNTS
(a) Separate Accounting for Each Minor
(b) Waiver of Accounting When a Ward Reaches Majority

CONSERVATORSHIP PROCEEDINGS
10.64 APPOINTMENT OF CONSERVATORS
(a) PRO 003 Must Be Filed with Petition
(b) Appointment of Private Professional Conservators
10.65 LANTERMAN-PETRIS-SHORT (LPS) CONSERVATORSHIP
(a) LPS Conservatorship Proceedings
(b) Notice to LPS Conservator
10.66 NOTICE OF ESTABLISHMENT OF CONSERVATORSHIP
10.67 CONSERVATORSHIP CARE PLAN
(a) LASC Form Care Plan
(b) Mailing Copy of Conservatorship Care Plan to Court Investigator
10.68 COURT INVESTIGATOR'S ASSESSMENTS
10.69 RESIGNATION OF CONSERVATOR
(a) Effective Date of Resignation
(b) Final Account of Resigning Conservator
10.70 NOTICES RE FINAL ACCOUNT UPON DEATH OF CONSERVATEE

RULES COMMON TO CONSERVATORSHIP PROCEEDINGS,GUARDIANSHIPS PROCEEDINGS AND/ORTRUSTS CREATED OR FUNDED BY COURT ORDER
10.71 CONSERVATOR'S OR GUARDIAN'S INDEPENDENT POWERS
10.72 INVENTORY AND APPRAISAL OF BENEFITS
10.73 ACCOUNTS, REPORTS AND CONSERVATOR/GUARDIAN COMPENSATION
(a) Reconciliation of Financial Statements
(b) Allegation Regarding Sufficiency of Bond
(c) Allegation Regarding Blocked Accounts
(d) Insured Accounts
(e) Vesting of Accounts
(f) Court Investigator's Assessments
(g) Conservator Compensation
(h) Hearings for Approval of Conservatorship/Guardianship Accounts To Be Coordinated With Hearings For Approval of Trust Accounts
10.74 ACCOUNTS AND INVENTORIES AND APPRAISALS - CONSERVATORS AND TRUSTEES OF TRUSTS SUBJECT TO THE COURT'S CONTINUING JURISDICTION
(a) Mailing Copies to the Court Investigator's Office
(b) Lodging Original Financial Statements with the Court

TRUST PROCEEDINGS
10.75 MULTIPLE PROBATE CODE SECTION 17200 ET SEQ. PETITIONS CONCERNING ONE TRUST
10.76 PETITIONS TO CONFIRM SALE OF TRUST REAL PROPERTY
10.77 SETTLEMENTS INVOLVING CHARITABLE TRUSTS
10.78 TESTAMENTARY TRUSTEES' ACCOUNTS

SETTLEMENTS OR JUDGMENTS INVOLVING MINORS ORPERSONS WITH DISABILITIES, TRUSTS FUNDED OR ESTABLISHED PURSUANT TO COURT ORDER
10.79 SETTLEMENTS OR JUDGMENTS RELATING TO CLAIMS OF MINORS OR PERSONS WITH DISABILITIES (INCLUDING ESTABLISHMENT AND FUNDING OF TRUSTS)
(a) Proper Court To Approve Settlement
(b) Disposition of Proceeds
(c) Petition to Compromise Claim
(d) Orders
(e) Post Judgment Procedures
10.80 TRUSTS CREATED OR FUNDED PURSUANT TO COURT ORDER INCLUDING CIVIL JUDGMENT (a) Trusts Created or Funded By Court Order
(b) Additional Trust Requirements
(c) Rule Does Not Apply to Trusts Under $20,000
10.81 SPECIAL NEEDS TRUST CREATED BY COURT ORDER/JUDGMENT
10.82 NEW COURT PROCEEDINGS REQUIRED FOR TRUSTS ESTABLISHED UNDER PROBATE CODE SECTION 2580 OR 3100

PROBATE VOLUNTEER PANEL ATTORNEYS
10.83 PROBATE VOLUNTEER PANEL GENERAL ELIGIBILITY REQUIREMENTS AND PROCEDURES FOR APPOINTMENT TO THE PANEL
(a) Active Status with the State Bar
(b) Submit Application and Compliance Statement
(c) Educational and MCLE Requirements
(d) Professional Liability Insurance
10.84 PROBATE VOLUNTEER PANEL - REQUIREMENTS FOR SPECIFIC AREAS OF INTEREST
(a) General Requirements for Specific Areas of Interest
(b) MCLE Requirements for Specific Areas of Interest
10.85 ETHICAL GUIDELINES
10.86 PVP ATTORNEY APPOINTMENTS ARE PERSONAL
10.87 WRITTEN REPORTS AND COMPENSATION FOR COURT-APPOINTED ATTORNEYS
(a) Written Reports
(b) Compensation for PVP Attorneys


APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
GENERAL PROVISIONS
10.0 APPLICABILITY OF RULES
(a) Applicability of Rules. The rules of this Chapter apply to all actions and proceedings to which the Probate Code applies and, unless they are elsewhere specifically made applicable, do not apply to any other action or proceeding.
(b) Rules of Construction. To the extent that the rules in this Chapter may add to existing statutory provisions relating to the same subject matter, they must be construed so as to implement the purposes of those statutes.
(c) Jurisdiction. The rules in this Chapter are not intended to expand or restrict the jurisdiction of the court in proceedings under the Probate Code.
(Rule 10.0 [1/1/95, 1/1/98] amended and effective 1/1/08.)
10.1 EXCUSE FROM COMPLIANCE
The court for good cause may waive the application of the rules in this chapter in an individual case.
(Rule 10.1 [1/1/95, 1/1/98] amended and effective 1/1/08.)
10.2 PROBATE COURT INFORMATION
(a) District Courts Hearing Probate Matters. The following Los Angeles Superior Court districts accept for filing and hear Probate matters:
District Case Number Prefixes
Central District (Los Angeles) BP/P
East District (Pomona) KP/EAP
Northeast (Pasadena) GP/NEP/NCP/EP/EP-B
North (Antelope Valley) MP/NOP
Northwest (Van Nuys) LP/PP/NWP/NVP
South Central (Compton) TP/SCP
Southeast (Norwalk) VP/SEP
South (Long Beach) NP/SOP
Southwest (Torrance) YP/SWP
West (Santa Monica) SP/WEP
(b) Addresses and Telephone Numbers and Calendaring Information. Addresses, telephone numbers and calendaring information for each Probate Court can be found on-line at www.lasuperiorcourt.org or by calling the court.
(Rule 10.2 [previously as, 10.6] new and effective 1/1/08.)
10.3 PROBATE ATTORNEY'S NOTES
(a) Probate Notes Available on the Web. Probate notes are available in advance of the hearing at www.lasuperiorcourt.org.
(b) Clearing Probate Notes. Counsel or parties must file additional documents as necessary to justify approval of the petition as stated in "Matters To Clear" section of the Probate Notes. Items noted under the "Matters To Clear" must be cleared by the party no later than 3:30 p.m. of the second court day preceding the hearing date.
(c) Updated Probate Notes. It is the responsibility of counsel or parties to confirm that Probate Notes have been updated after the filing of additional documents. If the Probate Notes have not been updated, it is recommended that counsel contact the Probate Attorney via email in Central District and the District Courts where available.
(d) Failure to Clear Probate Notes. If Probate Notes are not cleared, the Court will continue the hearing, place the matter off calendar, deny the matter without prejudice, or take other action it deems necessary.
(Rule 10.3 [previously as, 10.31.1] new and effective 1/1/08.)
10.4 PROBATE NOTE ABBREVIATIONS
The abbreviations adopted for use in Probate notes are set forth in Appendix A.
(Rule 10.4 [previously as, Rule 10.32] new and effective 1/1/08.)
HEARINGS, EX PARTE PROCEDURES AND TRIALS
10.5 SETTING OF PROBATE MATTERS
Petitions filed in Probate cases requiring a hearing will be assigned a hearing date by the clerk at the time of filing. Parties should insure, prior to leaving the filing window, that a hearing date has been assigned. Requests for early settings must be presented in the office of the Probate Attorney and must be accompanied by a declaration of urgency. Requests will be granted for good cause only; convenience of counsel or parties does not constitute good cause.
(Rule 10.5 [previously as, 10.15] new and effective 1/1/08.)
10.6 RESETTING PETITIONS
A request to reset a petition that was placed off calendar must be made in the office of the Probate Attorney. A supplement setting forth the current status must be presented at the time of the request.
(Rule 10.6 [previously as, 10.15.1] new and effective 1/1/08.)
10.7 CENTRAL DISTRICT - PROBATE LAW AND MOTION MATTERS
(a) Setting for Probate Law and Motion Matters. Probate Law and Motion and Discovery matters in cases pending in the Central District will be set for hearing at 10:30 a.m., Mondays through Wednesdays.
(b) Filing Oppositions, Joinders and Replies to Opposition in Law and Motion Matters. In Central District proceedings, opposition or joinders to law and motion matters must be filed at the Probate filing window. Replies to opposition papers must be filed in the department assigned to the case for hearing. The Court will not, without good cause, consider surreply papers.
(Rule 10.7 [previously as, 10.195] new and effective 1/1/08.)
10.8 EX PARTE PROCEDURES
(a) Time for Ex Parte Matters in Central District. In the absence of exceptional circumstances, all ex parte matters for Probate cases assigned to the Central District shall be presented to the Probate Attorneys Office at 8:30 a.m. daily.
(b) Time for Ex Parte Matters in District Courts. Ex parte matters concerning district court cases shall be heard at the time and place designated by that district. Information concerning ex parte matters may be posted on the Court's website www.lasuperiorcourt.org or may be obtained by calling the district.
(c) Preliminary Considerations:
(1) Payment of Filing Fees. Court filing fees shall be paid and the Court file secured prior to presenting the ex parte matter to the Probate Attorney for review.
(2) Special Notices. The ex parte application, petition or motion must include an allegation that special notice has not been requested or a written waiver of special notice has been filed.
(d) Ex Parte Procedures. California Rules of Court, Title 3, Division 11, Rule 3.1200 et seq. shall be followed for all ex parte applications, motions and petitions.
(1) Emergency Ex Parte Matters. Applications for ex parte relief shall be presented by the petitioner or their attorney. When there is opposition, the Court may set the matter for hearing.
(2) Drop-off Ex Parte Matters. In addition to the ex parte procedures provided in California Rules of Court, ex parte applications, motions and petitions will be accepted for review as permitted by statute. These ex parte matters may be delivered to the Probate Attorney's Office at any time and will be reviewed by the Probate Attorney within five court days.
(3) Temporary Conservatorships and Guardianships. Petitions for appointment of temporary conservators and guardians, absent exigent emergency circumstances, will be set for hearing not less than five court days after filing. Hearing dates are assigned in the Probate Attorney's Office.
(4) Applications for Nunc Pro Tunc Orders. Applications for Nunc Pro Tunc orders may be presented ex parte.
(Rule 10.8 [previously as, 10.37] new and effective 1/1/08.)
10.9 PROBATE HEARINGS CANNOT BE ADVANCED
When a trust or decedent's estate matter has been set for hearing, or when it has been noticed and then continued to a definite date, the hearing cannot be advanced to an earlier date. Additionally, the matter cannot be heard on an earlier date by filing a new petition or an amended petition.
(Rule 10.9 [previously as, 10.17] new and effective 1/1/08.)
10.10 CONTINUANCES OF NON-TRIAL MATTERS
(a) Continuances of Matters Not Ready for Hearing. If there has been no prior continuance, the Court will usually continue a matter not ready for hearing at least four weeks. A matter is notready for hearing when there are unresolved issues, procedural or factual, raised in the Probate Notes, other than matters designated for the Court to determine ("JTD").
If there are unresolved matters appearing in the Probate Notes on the second continued date, the matter will be placed off calendar or denied without prejudice, unless an oral motion for continuance is granted by the Court upon the personal appearance by counsel or the party.
(b) Continuances Pursuant to Stipulation. Matters will not be continued by stipulation of counsel without order of the Court or recommendation of the Probate Attorney.
(c) Continuance To Permit Filing of Objections/Responses. See Rule 10.7.
(d) Notice of Continued Matters. If a petition was properly noticed, new notice of the continued date is not required, unless specifically ordered by the Court. This rule does not apply to notice by citation.
(Rule 10.10 [previously as, 10.19] new and effective 1/1/08.)
10.11 CONTINUING PROBATE LAW AND MOTION MATTERS
Probate Law and Motion and Discovery matters may be continued only with approval of the Court.
(Rule 10.11 [previously as, 10.194] new and effective 1/1/08.)
10.12 TRIALS ON CONTESTED MATTERS IN CENTRAL DISTRICT
(a) Trial Setting. A contested matter which is at issue will be set for trial.
(b) Joint Trial Statements for All Contested Matters. All counsel and parties appearing in propria persona (pro per/self represented) must comply with the Mandatory Joint Trial Statement Policy.
(c) Continuances. Trials may be continued for good cause only by order of the Court. If all parties waive notice, a Motion for Continuance may be presented ex parte. Such motions must be made at the earliest possible time and in no event less than one week prior to trial. Further trial preparation or settlement of a case, without a settlement agreement, does not constitute good cause.
(d) Motions in Limine. Motions in limine must comply with the notice provisions of the Code of Civil Procedure. The motions must be set for hearing no later than the first day of trial.
(Rule 10.12 [previously as, 10.20] new and effective 1/1/08.)
TRANSFERRING, CONSOLIDATING, AND RELATING CASES
10.13 TRANSFERS FROM ONE DISTRICT TO ANOTHER
A motion to transfer from one district to another must be filed in the Probate Department of the district where the case is pending.
(Rule 10.13 [previously as, 10.192] new and effective 1/1/08.)
10.14 CONSOLIDATION AND/OR TRANSFER OF CASES
When two or more petitions with different case numbers have been filed, with reference to the same decedent's estate, conservatee, minor or trust, the Court may, on its own motion, consolidate all matters with the case number assigned to the lowest case.
When two or more petitions have been filed in different districts, the proceedings will be transferred to the district in which the first petition was filed.
When a consolidation and/or transfer of proceedings is ordered, subsequent documents shall be filed using the case number designated by the Court in the consolidation and/or transfer order.
(Rule 10.14 [previously as, 10.4] new and effective 1/1/08.)
10.15 RELATED CASES
(a) Related Probate Cases. Related probate cases, for purposes of this section, are Los Angeles Superior Court cases which involve the same decedent, conservatee, ward, settlor/trustor or other parties which are substantially affected, and concern issues governed by the Probate Code. Counsel for any party and self-represented parties in such cases shall inform the Court of all such related cases by filing and serving notice of related cases in each such case or by orally informing the Court on the record.
Related Probate Cases shall be transferred, except for good cause, to the department to which the lead case is assigned. The first filed Probate Case shall be the lead case.
(b) Relating Probate Cases To Non-Probate Cases. Relating non-probate cases to probate cases is governed by Rule 7.3(f) of the Los Angeles Superior Court Rules.
(Rule 10.15 [previously as, 10.5] new and effective 1/1/08.)
PLEADINGS
10.16 DOCUMENT FILINGS REQUIRE DEPARTMENT NUMBER AND HEARING DATE
All documents filed in connection with matters already set for hearing must contain the hearing date, time and department below the case number in the caption section of the document. Documents that do not conform to this rule may be rejected for filing by the clerk.
(Rule 10.16 [previously as, 10.10] new and effective 1/1/08.)
10.17 DOCUMENT FILING REQUIREMENTS
(a) Reproducing Judicial Council Forms. When Judicial Council forms are reproduced on the front and back of a single sheet, they must be reproduced exactly and therefore the back sheet must be inverted ("tumbled") so that it can be read when placed in the court's file jacket.
(b) Filing Requirements to Facilitate Document Scanning. Documents filed with the court must be assembled as follows:
(1) Page Numbers. Each page must contain the case number, either at the top or the end of page
(2) Tabs. Tabs must appear at the end of the page (not on the side of the page)
(3) Backings and Separators. Bluebacks, or other colored backs, card stock separators and "Post a Notes" may not be used
(4) Staples. Staples may be used at the top of pleadings only
(5) Securing Documents to Pleadings. Documents that are secured to pages of a pleading (pictures, receipts, etc.) must be securely taped (not stapled)
(6) Confidential Documents. Confidential documents, including but not limited to Court Investigator's Reports, Confidential Screen forms, financial statements with social security numbers must not be attached to pleadings that will be part of the public file.
(Rule 10.17 [previously as, 10.11] new and effective 1/1/08.)
10.18 SUPPLEMENTAL AND AMENDED PLEADINGS
(a) Supplemental Pleadings. A supplement to a pleading must provide additional or clarifying information in support of the pleading it supplements. A supplement to a pleading must be captioned "Supplement to ...". Timely service of a copy of the supplement is required when service of a copy of the initial pleading was required.
(b) Amended Pleading. An amended pleading, as distinguished from a "supplement" to a pleading, requires the same notice (including publication) as the pleading it amends and must be filed and set for hearing as though an original petition. When a Judicial Council form was used for the original pleading, the amended pleading must also use a Judicial Council form on which the word "Amended" is added to the caption.
(Rule 10.18 [previously as, 10.14] new and effective 1/1/08.)
10.19 OPPOSITION AND REPLY PLEADINGS
The Probate Code allows any interested person to appear and make a response or objection orally or in writing at or before the hearing. If a response or an objection is made at the time of the first hearing on a petition, the court will ordinarily continue the hearing to allow objections or a response to be filed and to allow the petitioner to file a reply to the response or the objections.
If the court continues a matter to allow a written objection or response to be made, and the responding or objecting party fails to serve and file a timely objection or response, the court may deem the objections or responses waived.
(Rule 10.19 [previously as, 10.13.1] new and effective 1/1/08.)
10.20 ORDERS
(a) Orders in Contested Proceedings. Orders must be prepared in accordance with Civil Law and Motion Rules.
(b) Use of Judicial Council Form Orders. The attorney or a self represented party must, when no Judicial Council form order is available, prepare proposed orders and decrees of the Court.
(c) Probate Volunteer Panel (PVP) Attorney's Approval of Orders. In all matters where there is a PVP Attorney, the PVP Attorney must indicate approval as to form and content by signing at the end of the proposed order. After approval, the proposed order must be lodged with the Court.
(d) Material To Be Included In Probate Orders:
(1) Contents of Order. Orders must contain the name of the judicial officer presiding, the date of the hearing, the department, and the names of all persons appearing at the hearing. Orders must set forth, with the same particularity required of judgments in civil matters, all matters ruled upon by the Court. No text may appear after the signature of the judicial officer.
(2) Orders for Probate of Lost Wills. Judicial Council form "Order for Probate" must be used with an attachment setting forth the terms of the lost will and/or codicil.
(3) Orders Involving Real Property. Orders affecting real property must include: a full legal description of the real property; street address, if applicable; and Assessor's Parcel Number (APN).
(4) Orders Settling Accounts. Orders settling accounts must state the beginning and ending dates of the account period and contain general language approving the account, report and the acts reflected therein. These orders must contain a statement as to the balance of the property on hand as reflected in the Summary of Account and the amount of cash included in the balance.
(5) Orders Providing for Periodic Payments. Orders providing for periodic paymentsmust contain the following language "commencing ________ and continuing not to exceed ____ months."
(e) Riders and Exhibits. When orders include attachments, the place for execution by the court must appear at the end of the last attachment and an appropriate notation must be made indicating the order is signed at the end of the last attachment.
(f) Nunc Pro Tunc Orders:
(1) Nunc Pro Tunc Orders. When a signed order contains a clerical error it may be corrected by filing an application and presenting a proposed nunc pro tunc order correcting the error. The application for a nunc pro tunc order must include a declaration in support thereof and the proposed order. The documents must be presented to the Probate Attorney with the court file.
(2) Format of Order. The nunc pro tunc order must not take the form of an amended order and must be substantially in the following format: "Upon the consideration of the application of _____________, to correct a clerical error, the (identify the order to be corrected, giving the title and date thereof) is corrected, by striking the following (set forth the portion to be corrected) and by inserting in lieu thereof the following (set forth the corrected language)".
To prevent confusion, a complete clause or sentence should be stricken and correctly restated.
(Rule 10.20 [previously as, 10.36, 10.41, 10.42 & 10.44] new and effective 1/1/08.)
10.21 ISSUANCE OF LETTERS TO PERSONAL REPRESENTATIVES OF DECEDENTS' ESTATES
(a) Issuance of Letters. The order of appointment, bond (if ordered), the Duties and Liabilities of the Personal Representative form and the Confidential Supplement To Duties and Liabilities of Personal Representative form, together with executed Letters must be submitted to the Court to be issued by the clerk.
(b) Multiple Representatives. When the court appoints multiple representatives, the court will issue Letters (Testamentary/Administration) jointly to all of the personal representatives appointed.
(c) Confidential Supplement To Duties and Liabilities of Personal Representative. The Confidential Supplement To Duties and Liabilities of Personal Representative must be submitted by each personal representative and must contain the personal representative's date of birth and driver's license number. This form is confidential and is not placed in the public court file.
(Rule 10.21 [previously as, 10.59 & 10.63] new and effective 1/1/08.)
PROVISIONS COMMON TO VARIOUS CASE TYPES AND MISCELLANEOUS PROCEEDINGS
10.22 MOTIONS TO WITHDRAW AS ATTORNEY OF RECORD - CITATION REQUIRED FOR FIDUCIARY
When an attorney files a motion to withdraw as attorney of record for a fiduciary, service must be made by citation. The citation must be served in the manner provided in section 415.10 or 415.30 of the Code of Civil Procedure. If the fiduciary resides outside of this state, service may also be made in the manner provided in section 415.40 of the Code of Civil Procedure.
(Rule 10.22 [previously as, 10.197] new and effective 1/1/08.)
10.23 PARTY TO GIVE NOTICE
(a) Party To Give Notice. The responsibility is on the party or his/her attorney to cause notice to be given and to file the notice form and proper proof of service with the Court.
(b) Undelivered Notice. When notice is returned as undeliverable, the envelop containing such notice must be placed in the court's file.
(Rule 10.23 [previously as, 10.50] new and effective 1/1/08.)
10.24 PETITION TO DETERMINE TITLE TO REAL OR PERSONAL PROPERTY
(a) Caption and Setting. The caption of the petition must reference Probate Code section 850. Because of the 30 day notice requirement, petitions will not be set for hearing sooner than six weeks from the date of filing. If it is anticipated there may be difficulties in completing the required service, a later date should be requested to avoid continuances.
(b) Notice of Hearing. Notice of hearing must contain the following:
(1) A description of the subject property sufficient to provide adequate notice to any party who might be interested in the property, and with respect to real property, the street address, or if none, description of the location of the property.
(2) A statement advising that any person interested in the property that is the subject of the petition may file an answer to the petition.
(Rule 10.24 [previously as, 10.73] new and effective 1/1/08.)
10.25 APPRAISAL OF PERSONAL PROPERTY BEFORE SALE
When a party requests an order for confirmation or approval of sale of personal property, an appraisal of the property must be filed with the Court.
The appraisal requirement may be satisfied by an Inventory and Appraisal or a letter appraisal from the probate referee.
Rule 10.25 [previously as, 10.96] new and effective 1/1/08.)
10.26 SALES OF REAL PROPERTY
(a) Published Notice for Private Sales of Real Estate:
(1) Terms of Sale. The published notice of sale of real property constitutes a solicitation of offers and there cannot be a substantial variance in the terms of sale as between the published notice and the petition. When an executor publishes a notice of sale and later a technical defect appears, the defect cannot be cured by the executor's power of sale given in the will. The publication constitutes an election to sell by means of published notice.
(2) Time. If the Report of Sale and Petition for Order Confirming Sale of Real Property alleges the private sale took place prior to the date stated in the published notice, the sale will not be confirmed. In addition, if the Report of Sale and Petition for Confirmation is filed prior to the date of sale stated in the notice, the court must deny the petition without prejudice.
(b) Sale of Specifically Devised Real Property. When a Report and Petition for Confirmation of Sale of Real Property is filed, notice of the time and place of hearing must be given to the specific devisee(s), unless the devisee(s)'s consents to the sale are filed with the Court.
(c) Increased Bid Forms. When there is a successful overbid in open court on a sale of real property, counsel must complete and the successful bidder must sign and file a "Bid In Open Court on Sale of Real Property" form.
(d) Real Estate Commissions. The Court will not allow commissions in excess of five percent (5%) to an agent, broker or auctioneer, unless justified by exceptional circumstances, for the sale of improved real property. A commission not to exceed ten percent (10%) may be allowed for the sale of raw land.
(Rule 10.26 [previously as, 10.89, 10.93, 10.95 & 10.99] new and effective 1/1/08.)
10.27 BORROWING AND REFINANCING
(a) Petition. The petition must include allegations concerning the following:
(1) Existing encumbrances, including whether there is a purchase money mortgage
(2) Efforts to obtain the most favorable financing
(3) The estate's ability to service the debt
(4) All costs related to obtaining the loan, including but not limited to, loan discount points and broker's commission/fee
(5) The sufficiency of the existing bond and the need for additional bond, if any.
(b) Inventory and Appraisal. If a loan is to be secured by property of the estate, an inventory of said asset must be filed prior to the hearing.
(Rule 10.27 [previously as, 10.77] new and effective 1/1/08.)
10.28 REDUCTION AND WAIVER OF BOND
(a) Court Order Required to Increase or Decrease Bond or Substitute Surety. A court order is required to reduce the amount of the bond or to substitute a surety.
(b) Description of Bonds in Accounts. The total amount of the bond posted must be set forth in the petition that accompanies an account current. A statement concerning the sufficiency of the bond and whether additional bond or a reduction is needed must also be included in the petition.
(c) Request for Bond Waiver In Decedents' Estates Proceedings. In all cases where bond is not waived in the will, or the proposed personal representative resides out-of-state, and a waiver of bond is being requested, the petitioner must submit a declaration which states: (1) the number of unsecured creditors of the estate and the estimated estate liability to such creditors; (2) whether the estate is solvent; (3) all estimated tax liabilities, if any; (4) the amount of any known contingent liabilities; and, (5) the due diligence performed to ascertain the above information.
(d) Appearance Required In Decedents' Estate Proceedings. When a bond is not waived in the will for the proposed personal representative, the Court may require an appearance. When the proposed personal representative is a non-California resident, an appearance is required if a bondwaiver is requested in the petition.
(Rule 10.28 [previously as, 10.57] new and effective 1/1/08.)
10.29 BANK STATEMENTS AND BLOCKED ACCOUNTS
(a) Decedents' Estates and Trusts. In decedent's estate and trust proceedings, all interim accounts must include original bank statements showing the balance as of the ending date of the account period.
(b) Reconciliation. If the balance shown in the bank statement does not agree with the account balance as reported in the account, then the fiduciary must provide a written reconciliation.
(c) Confidential Financial Statements. If a bank account statement contains the estate's or trust's tax identification number or other personal information that would not ordinarily be disclosed in the account, inventory and appraisal or other non-confidential pleading filed in the action, the account statement must be filed under a separate case cover sheet and the caption must state "CONFIDENTIAL FINANCIAL STATEMENT" in capital letters so that it can be kept separately from the public record.
(d) Blocked Accounts. When the Court has ordered estate or trust assets deposited in a blocked account in a financial institution or trust company, the bank account statement, or separate letter from the financial institution, must be provided confirming that no funds may be withdrawn except upon court order.
(Rule 10.29 [previously as, 10.113] new and effective 1/1/08.)
10.30 ACCOUNTS AND REPORTS SUFFICIENCY OF BOND TO BE STATED
The petition for approval of accounts must state whether an additional bond or reduction of bond is necessary and whether bank accounts or securities are on deposit in blocked accounts. Proof of deposit and block account status must be filed.
(Rule 10.30 [previously as, 10.155] new and effective 1/1/08.)
10.31 PAYMENT AND REIMBURSEMENT OF COSTS
(a) Non-reimbursable Costs. The following costs may not be reimbursed to the attorney or the personal representative:
(1) Photocopies
(2) Postage
(3) Secretarial services
(4) Local telephone expense
(5) Local travel and mileage
(b) Discretionary Reimbursement. The following costs may be approved by the Court for reimbursement:
(1) Air courier and local messenger services
(2) Long distance telephone expenses
(3) Long distance travel
(4) Extraordinary postage and copying
(5) Parking
(6) Interpreter and translation services
(Rule 10.31 [previously as, 10.109] new and effective 1/1/08.)
10.32 FINDINGS AS TO CHARACTER OF PROPERTY
(a) Facts Establishing Community or Quasi-community Property Character of Assets. A Spousal or Domestic Property Petition or a Petition for a Particular Transaction filed per Probate Code section 3100 et seq., that seeks a determination of the community or quasi-community property character of property must contain the following information:
(1) Date and place of marriage.
(2) Description and approximate values of real and personal property owned by the decedent or person lacking legal capacity on the date of marriage and a statement concerning the disposition, if any, of same.
(3) Decedent's or person lacking legal capacity's net worth at the time of marriage.
(4) Description and approximate values and dates of receipt of all property received by the decedent or person lacking legal capacity, by gift, devise, joint tenancy, proceeds of life insurance, and other beneficiary designation, after the date of marriage and a statement concerning the disposition, if any, of same.
(5) Dates of decedent's or person lacking legal capacity's residency in California and supporting information regarding petitioner's claim of character of property acquired during periods of non-residency.
(6) When the petition affects title to real property, a statement concerning the status of record title to real property at the decedent's date of death or at the date of filing the Petition for a Particular Transaction pursuant to Probate Code section 3100 et seq.
(7) When the petition concerns Individual Retirement Accounts (IRA), life insurance policies or other assets that have a beneficiary designation taking effect on death or a pay on death designation, the status of that designation as of the decedent's date of death or at the date of filing the Petition for a Particular Transaction pursuant to Probate Code section 3100 et seq., including the names of beneficiaries or payees.
(8) Facts upon which the claim of community or quasi-community property is based.
(b) Documents Supporting Community or Quasi-community Property Character of Assets. Copies of documents supporting a claim of community or quasi-community character of subject property must be attached to the petition. Also, copies of written agreements between the decedent and the surviving spouse or between the spouses, for purposes of proceeding brought pursuant to Probate Code section 3100 et seq. providing for a non-prorata division of the aggregate value of the community property or quasi-community property, or both, must be attached, or in the alternative, a statement that such an agreement does not exist.
(c) Copies of Deeds To Be Attached. When the Petition affects title to real property, a copy of the deed(s) showing vesting at the decedent's date of death or at the time of filing of the Petition for a Particular Transaction pursuant to Probate Code section 3100 et seq. must be attached to the petition.
(d) Will as Basis for Passing Decedent's Property. When the surviving spouse's or domestic partner's entitlement to the decedent's interest in property is based upon the decedent's will, and the will has not been offered for or admitted to probate, the petitioner must allege that the will has been filed with the court for safekeeping.
(e) Petitioner Is Not the Spouse or Domestic Partner. When the petitioner is the personal representative or the conservator of the spouse or domestic partner, a copy of letters evidencing the appointment must be attached to the petition.
(f) Spousal or Domestic Property Petitions, Findings Regarding Character of Property.
(1) Unless alleged and proved, the court will make no findings as to whether the property is community or quasi-community.
(2) Unless alleged and proved, the court will make no finding as to whether the property is separate property.
(Rule 10.32 [previously as, 10.65, 10.66 &10.68] new and effective 1/1/08.)
10.33 AFFIDAVITS FOR REAL PROPERTY OF SMALL VALUE PROBATE CODE SECTION 13200 ET SEQ.
When an Affidavit for Real Property of Small Value, pursuant to Probate Code section 13200, is filed with the Court there must be attached to the affidavit one of the following:
(a) Decedent Died Testate. If the decedent died testate, a statement that the decedent died testate and an executed copy of the will;
(b) Decedent Died Intestate. If the decedent died intestate, a statement identifying the relationship of the heir(s) which establishes the affiant's claim to entitlement.
(Rule 10.33 new and effective 1/1/08.)
DECEDENTS' ESTATES PROCEEDINGS
10.34 APPOINTMENT OF SPECIAL ADMINISTRATORS
(a) Notice. Unless good cause is shown, petitions for special letters of administration will not be granted without notice to the surviving spouse, domestic partner, the person nominated as executor, and any other person whom the Court in its discretion determines is entitled to notice.
(b) Preference. In making the appointment, preference is given to the person(s) entitled to letters testamentary or of administration. If a contest is pending, the Court may appoint a disinterested person or the Public Administrator as special administrator, upon the filing of a proper petition.
(c) Bond. The Court will require the special administrator, including a named executor, to post bond unless sufficient allegations are set forth to justify waiver.
(Rule 10.34 [previously as, 10.45 & 10.58]new and effective 1/1/08.)
10.35 DECLINATIONS AND CONSENTS TO ACT
(a) Declination of Named Executor. If a named executor declines to act, a written declination to act, signed by that person, must be filed with the court.
(b) Consent to Act. If the Petition for Probate requests appointment of someone other than the petitioner, or someone in addition to the petitioner, a consent to act signed by the non-petitioning executor/administrator for whom letters are sought, must be filed with the Court.
(Rule 10.35 [previously as, 10.28 & 10.60] new and effective 1/1/08.)
10.36 APPOINTMENT OF PUBLIC ADMINISTRATOR
(a) Appointment. Persons interested in having the Public Administrator appointed as personal representative should contact the Office of the Public Administrator and County Counsel's Office.
(b) Notice. In cases where it appears the Public Administrator has priority, notice to the Public Administrator and County Counsel must be given.
(Rule 10.36 [previously as, 10.46 and 10.47] new and effective 1/1/08.)
10.37 PROOF OF WILLS AND CODICILS
(a) Self Proving Wills and Codicils. In an uncontested proceeding, if the attestation clause is signed under penalty of perjury, or subscribed and sworn to before a notary, the will or codicil may be admitted to probate without a separate affidavit or declaration of subscribing witness.
(b) Non-Self Proving Wills. Non-self proving wills must be proved as follows:
(1) Proof of Witnessed Wills. Evidence of one or more of the subscribing witnesses may be presented by filing Judicial Council Proof of Subscribing Witness form.
(2) Proof of Holographic Wills or Codicils. A holographic will or codicil must be proved by filing of Judicial Council Proof of Holographic Instrument form.
(3) Certification of Wills or Codicils. Wills and codicils that are not self-proving must be certified as follows:
(i) Self Represented Parties. Self-represented persons must attach a copy of the will or codicil showing the clerk's filing stamp. Self-represented persons may not certify the photographic copy of the instrument by completing the Attorney Certification.
(ii) Attorney Certifications. The Attorney Certification must be dated on or after the date the Petition for Probate is filed.
(Rule 10.37 [previously as, 10.54] new and effective 1/1/08.)
10.38 FOREIGN LANGUAGE WILL
If the will or codicil is in a foreign language a translation of the document, authenticated by a declaration by a Judicial Council certified translator, must be attached as an exhibit to the petition.
(Rule 10.38 [previously as, 10.53] new and effective 1/1/08.)
10.39 SUBSEQUENT PETITIONS FOR PROBATE
Wills and codicils not included in a Petition for Probate of Will must be presented for probate in an amended or subsequent petition and new notice must be published and served.
(Rule 10.39 [previously as, 10.49] new and effective 1/1/08.)
10.40 INCORPORATED CITIES IN LOS ANGELES COUNTY
Appendix B to this Chapter Ten lists all incorporated cities in the County of Los Angeles.
(Rule 10.40 [previously as, 10.29] new and effective 1/1/08.)
10.41 NOTICE TO CREDITORS
(a) Notice To Known and Reasonably Ascertainable Creditors. All known and reasonably ascertainable creditors must be notified of the administration of the estate. Judicial Council Notice of Administration To Creditors form must be used for this purpose. The notice(s) with proof of service shall be filed with the court.
(b) Claims by Public Entities. Claims by Public Entities, Medi-Cal and Director of the California Victim Compensation and Governmental Claims Board may be barred only after actual notice is sent to the entity and the applicable claim period has expired.
(Rule 10.41 [previously as, 10.79] new and effective 1/1/08.)
10.42 CREDITOR'S CLAIMS
(a) Creditor's Claims of Personal Representatives or Their Attorneys:
(1) Personal Services. A creditor's claim of a personal representative or his/her attorney for fees for services personally rendered to the decedent must attach detailed invoices or other itemization of such services.
(2) Reimbursement for Debts. A creditor's claim of a personal representative or his/her attorney for reimbursement of debts or funeral expenses of the decedent must attach detailed invoices or other evidence of payment.
(b) Funeral and Interment Claims. Interest on creditor's claims for funeral interment will be allowed commencing 60 days after the date of death.
(Rule 10.42 [previously as, 10.82 & 10.84] new and effective 1/1/08.)
10.43 NOTICE OF PROPOSED ACTION
(a) A Notice of Proposed Action. A Notice of Proposed Action must contain a description of the proposed action in reasonably specific terms. If the proposed action involves a sale or exchange of real property or option to purchase real property the notice must include the material terms of the transaction including the sales price and commission(s) payable to the broker(s).
(b) Notice Filed with the Court. The Notice of Proposed Action, together with the proof of service, must be filed with the Court.
(c) Petitions for Distribution. Petitions for distribution must contain a description of the actions taken by the personal representative under the Independent Administration of Estates Act. The personal representative must allege whether Notice of Proposed Action was given or waived or that consents were given by all affected parties.
(Rule 10.43 [previously as, 10.71] new and effective 1/1/08.)
10.44 PETITION FOR FAMILY ALLOWANCE
(a) Ex Parte Petitions. When a petition for family allowance is presented ex parte, and the petitioner is not the personal representative, the consent to the allowance or waiver of notice by the personal representative must be filed with the petition.
(b) Limitation on Period of Family Allowance. An order for family allowance will not be made for a period exceeding six months unless good cause is shown, if filed before the Inventory and Appraisal.
(c) Reasonableness and Eligibility. The petition for family allowance must state:
(1) The estimated monthly income of the proposed recipient, including any government benefits.
(2) When the surviving spouse is the petitioner, the spouse's income from sources other than the estate and an itemization of the spouse's separate property.
(3) An itemized estimate of monthly expenses in petitions seeking payments of $1,000 or more per month.
(4) A statement showing how title to subject real property is vested when itemized expenses include payments for real property.
(Rule 10.44 [previously as, 10.75] new and effective 1/1/08.)
10.45 HEIRSHIP DETERMINATIONS
(a) Notice of Hearing. Notice of hearing together with a copy of the petition must be served on the affected parties and their attorneys of record.
(b) Notice to Attorney General. When notice to the Attorney General is required, notice of hearing together with a copy of the petition must be sent to the Attorney General, Charitable Trusts Section 1515 K. Street, Sacramento, CA 94244-2550.
(c) Contents of Petition. The petition must identify (by name, address and relationship to the decedent) the persons entitled to distribution of the decedent's estate. If the personal representative is the petitioner, the petition may propose alternative entitlements.
(d) Genealogical Chart. The petition must include a genealogical chart establishing the relationships between the decedent and the decedent's heirs.
(e) Escheat. When the petition for probate states that heirs are unknown, there is a presumption of a possible escheat, and notice to the California Attorney General is required.
(Rule 10.45 [previously as, 10.74] new and effective 1/1/08.)
10.46 PETITIONS FOR INSTRUCTIONS
(a) Limitations. The use of petitions for instructions by personal representatives is limited to those matters for which no other procedure is provided by statute.
(b) Specifying Instruction. The petition should state the instruction requested and should not be stated in the alternative.
(Rule 10.46 [previously as, 10.72] new and effective 1/1/08.)
10.47 COLLECTION OF DAMAGES FOR WRONGFUL DEATH/PHYSICAL INJURY OR PROPERTY DAMAGE
(a) Wrongful Death Damages. Damages for wrongful death are held by the personal representative for the benefit of the statutory beneficiaries and are not part of the estate.
(b) Physical Injury or Property Damages. Damages for physical injury to the decedent or property damage are part of the estate. The cause of action or the settlement proceeds must be inventoried.
(c) Court Approval Required. Compromise or settlement of wrongful death or injury claims of the decedent must be approved by the court.
(Rule 10.47 [previously as, 10.117] new and effective 1/1/08.)
10.48 PETITIONS FOR PRELIMINARY AND FINAL DISTRIBUTION
(a) Schedule of Creditors' Claims. Petitions for preliminary and final distribution must state, for each claim presented:
(1) Claimant's name;
(2) Date of filing of the claim;
(3) Nature of the claim;
(4) Amount of the claim;
(5) Disposition of the claim;
(6) If the claim was rejected, the date of service of the rejection and whether or not a lawsuit was filed.
(b) Medi-Cal Recipient. Petitions for distribution must contain allegations regarding whether or not the decedent received Medi-Cal benefits or was the surviving spouse of a person who received Medi-Cal benefits. If such benefits were received, notice must be given to the Director of Health Services and the claim period must have expired.
(c) Heir Confined In a Correctional Facility. Petitions for distribution must contain allegations regarding whether or not, the general personal representative or estate attorney knows or has reason to believe that an heir is confined in a prison or facility under the jurisdiction of the Department of Corrections or Department of Youth Authority or confined in any county or city jail, road camp, industrial farm, or other correctional facility. If distribution will be made to such person, the petition for distribution must state that notice was given as provided in Probate Code, and whether or not the Director of the California Victim Compensation and Government Claims Board has demanded collection of any outstanding restitution fines or orders.
(Rule 10.48 [previously as, 10.69] new and effective 1/1/08.)
10.49 PAYMENT OF COSTS OF ADMINISTRATION
A petition for final distribution or to terminate the proceeding must state that all charges for legal advertising, bond premiums, probate referee's services and costs of administration have been paid.
Rule 10.49 [previously as, 10.108] new and effective 1/1/08.)
10.50 ALLEGATIONS REGARDING CREDITORS
Petitions for approval of accounts, waivers of account or requesting distribution must state the efforts to locate known or reasonably ascertainable creditors and whether actual notice was given or required.
If actual notice to creditors was given the completed form of Notice of Administration To Creditors together with the proof of service must be filed with the Court. If there were no known or reasonably ascertainable creditors the petition must so state.
Rule 10.50 [previously as, 10.107] new and effective 1/1/08.)
10.51 MEDI-CAL NOTIFICATION
Petitions containing a request for distribution must allege compliance with notice to the Director of Health Services. Notice is not required when neither the decedent nor the decedent's predeceased spouse received Medi-Cal benefits, or when no claim will be made by the Department of Health Services because (1) the decedent died before June 28, 1981, (2) the decedent was under age 65 at date of death, (3) the decedent was survived by a spouse, minor child, or disabled child, or (4) the decedent's predeceased spouse died before June 30, 1993.
(Rule 10.51 [previously as, 10.116] new and effective 1/1/08.)
10.52 INHERITANCE TAXES FOR DECEDENTS DYING BEFORE JUNE 8, 1982
When the decedent died before June 8, 1982, either an Inheritance Tax Report or a Certificate of No Tax Due is required.
Notice of filing of inheritance tax report must be given to those against whom a tax has been fixed and all beneficiaries of the estate.
An order fixing inheritance tax may be vacated as provided in Code of Civil Procedure section 473. After six months, the court is generally without jurisdiction to vacate the order except as provided in Revenue and Taxation Code section 13985 (repealed 1982), relating to allowance of deductions established or paid after the order fixing tax is made and Revenue and Taxation Code section 14672 (repealed 1982) relating to the correction of erroneous orders fixing tax occasioned by mistake, inadvertence or excusable neglect.
(Rule 10.52 [previously as, 10.127 & 10.129] new and effective 1/1/08.)
10.53 GUIDELINES FOR ATTORNEY COMPENSATION
Appendix C to Chapter 10 constitutes a compilation of statutory and case law concerning attorneys' compensation.
(Rule 10.53 [previously as, 10.142] new and effective 1/1/08.)
10.54 ALLEGATION RE CHARACTER OF PROPERTY
In addition to those allegations required by California Rules of Court, Title 7, a petition for distribution must contain the allegations set forth in Rule 10.32(a) through (c) of this Chapter to establish the community or quasi-community character of assets. This rule may also apply when distribution is being made under Probate Code section 6402.5 when a portion of the estate is attributable to the decedent's predeceased spouse.
The allegations set forth in Rule 10.32(a) through (c) of this Chapter are not required if the surviving spouse is the sole heir or devisee.
(Rule 10.54 [previously as, 10.114] new and effective 1/1/08.)
10.55 PROVISIONS RE SURVIVORSHIP
When a spouse's or domestic partner's right to take under a will is conditioned on survival for a specified period of time, no property will pass to the spouse or domestic partner until the expiration of the survivorship period. A Spousal Or Domestic Partner Property Petition may be filed prior to the expiration of the survivorship period. However, no order passing the property to the surviving spouse or domestic partner will be made prior to the expiration of the survivorship period.
(Rule 10.55 [previously as, 10.67] new and effective 1/1/08.)
10.56 DESCRIPTION OF DISTRIBUTEES
(a) Names and Addresses. The names and addresses of all persons who are present and future distributees of the estate, and whether they are adults or minors, must be stated in all petitions for distribution. If distribution will not be made directly to the beneficiary, the name, address and fiduciary capacity of the recipient must be stated.
(b) Age of Minors and Others. In all cases where property will be distributed to a minor, the age and birth date must be stated in the petition and the order thereon. See Local Rule for distribution to minors.
If a trust beneficiary will receive distribution upon reaching a specific age, the petition and order thereon must state the age and birth date of the beneficiary.
(Rule 10.56 [previously as, 10.115] new and effective 1/1/08.)
10.57 ORDERS ESTABLISHING TESTAMENTARY TRUSTS
(a) Appointment of Testamentary Trustee Prior To Distribution. Upon filing of a proper petition, the Court may appoint a testamentary trustee before the decree of distribution is made.
(b) Orders Establishing Testamentary Trusts. An order establishing a testamentary trust must incorporate the terms of trust in its entirety. The terms of the trust must be set forth in the present tense and in the third person instead of quoting from the will.
(Rule 10.57 [previously as, 10.121 & 10.184] new and effective 1/1/08.)
10.58 DOCUMENTS TO BE ON FILE BEFORE ORDER FOR DISTRIBUTION OF DEVISE TO MINOR OR FIDUCIARY
(a) Distributions To Minors. When a minor is to receive a distribution from a decedent's estate the following must be filed in the decedent's estate proceeding prior to the hearing on the petition for distribution:
(1) When a guardian of the estate is required, a certified copy of Letters of Guardianship and a declaration concerning the adequacy of the guardian's bond.
(2) When the distribution does not exceed $5,000 and the property is to be delivered to the minor's parent, the written assurance of such parent that the value of minor's estate does not exceed $5,000 is required.
(3) When the transfer is to be made to a Custodian under the California Uniform Transfers To Minors Act, the written consent of the Custodian is required. The petition must state the minor's date of birth and if the distribution is to be delayed beyond the age of majority, the age for delivery of property to the minor.
(b) Distribution To Court Appointed Fiduciary. If beneficiary's distribution will be made to a court appointed fiduciary, a certified copy of the fiduciary's letters must be attached to the petition.
(Rule 10.58 [previously as, 10.120] new and effective 1/1/08.)
10.59 POST DECEASED DISTRIBUTEES, DISTRIBUTION PURSUANT TO PROBATE CODE SECTION 13100 ET SEQ.
When distribution will be made to the successors in interest of a post deceased distributee pursuant to Probate Code section 13100 et seq., an affidavit or declaration, executed as required by Probate Code section 13101, must be filed with the Court which includes the following:
(a) Post Deceased Distributee Died Testate. If a post deceased distributee died testate, a statement that the decedent died testate and attaches an executed copy of the will;
(b) Post Deceased Distributee Died Intestate. If the post deceased distributee died intestate, a statement identifying the relationship of the heir(s) which establishes the affiant's or declarant's claim to distribution.
(Rule 10.59 [previously as, 10.125] new and effective 1/1/08.)
10.60 ASSIGNMENT OR TRANSFER OF INTEREST IN ESTATE
(a) Notification To Court. If the personal representative knows of the existence of an assignment or transfer of an interest in the estate by an heir or devisee, any petition for distributioneffecting that heir or devisee's interest in the estate must include an allegation concerning the specifics of the assignment or transfer.
(b) Written Assignment or Transfer of Interest. The written assignment or document of transfer, signed by the heir or devisee, must be filed with the Court.
(c) Distribution Care-of Attorney. The Court will not order distribution of an heir's or devisee's interest in the estate care-of his or her attorney, unless the written consent of the heir or devisee is filed with the Court.
(Rule 10.60 [previously as, 10.118] new and effective 1/1/08.)
10.61 RECEIPTS OF DISTRIBUTION
(a) Distributee Receipts. A receipt of distribution shall be signed by the distributee personally. A receipt signed by an attorney-in-fact must have attached an executed copy of the power of attorney and a certification under penalty of perjury by the attorney-in-fact that the power of attorney is in full force and effect and authorizes said action.
(b) Recorded Deed or Order In Lieu of Distributee's Receipt. For real property, recordation of the order for distribution or the deed suffices as a receipt for distribution of the property.
(Rule 10.61 [previously as, 10.124] new and effective 1/1/08.)
GUARDIANSHIP PROCEEDINGS
10.62 APPOINTMENT OF GUARDIANS
(a) Single Petition for Multiple Minors. A single petition for appointment of guardian must be used for multiple minors, if the minors are siblings and the same guardian(s) will be appointed for all minors.
(b) PRO 003 Must Be Filed with Petition. Los Angeles Superior Court form PRO 003, Notification to Court of Address on Conservatorships/Guardianship, must be submitted with the petition for appointment of guardian (or successor guardian), and at the time letters of guardianship are presented for issuance.
(c) Appointment of Non-Relative Guardians. When the petition requests the appointment of a non-relative as guardian of the person, notice of hearing with a copy of the petition shall be mailed, at least 15 days prior to the hearing date, to:
Department of Children and Family Services
201 Centre Plaza Drive
Monterey Park, CA 91754
California Department of Social Services
744 P Street
Sacramento, CA 95814-6413
(Rule 10.62 [previously as, 10.157 & 10.158] new and effective 1/1/08.)
10.63 GUARDIANSHIP ACCOUNTS OR WAIVERS OF ACCOUNTS
(a) Separate Accounting for Each Minor. When a guardian is appointed for more than one minor, the guardian must file a separate accounting for each minor.
(b) Waiver of Accounting When a Ward Reaches Majority. When a former ward, who has reached the age of majority, waives the final accounting of the guardian, the waiver may not be approved unless the ward is present at the hearing.
(Rule 10.63 [previously as,10.161 & 10.162] new and effective 1/1/08.)
CONSERVATORSHIP PROCEEDINGS
10.64 APPOINTMENT OF CONSERVATORS
(a) PRO 003 Must Be Filed with Petition. Los Angeles Superior Court form PRO 003, Notification to Court of Address on Conservatorships/Guardianship and its Addendum, must be submitted with the petition for appointment of conservator (or successor conservator), and at the time letters of conservatorship are presented for issuance.
(b) Appointment of Private Professional Conservators. When appointment of a Private Professional Conservator is sought, the petition must include the fiduciary's registration number and that a current registration form is on file with the Los Angeles Superior Court.
(Rule 10.64 [previously as, 10.168] new and effective 1/1/08.)
10.65 LANTERMAN-PETRIS-SHORT (LPS) CONSERVATORSHIP
(a) LPS Conservatorship Proceedings. If the conservatee or proposed conservatee is currently under an LPS conservatorship, the petition must state the county where the LPS proceeding is or is pending, the case number and the name and address of the LPS conservator.
(b) Notice to LPS Conservator. Notice must be given to the LPS conservator in the same manner as required for relatives within the second degree.
(Rule 10.65 [previously as, 10.169] new and effective 1/1/08.)
10.66 NOTICE OF ESTABLISHMENT OF CONSERVATORSHIP
The conservator of the estate must record a certified copy of letters of conservatorship with the county recorder in each county where real property of the estate is located, unless (a) in the case of a limited conservatorship, the conservator does not have the power to contract, or (b) the rights of the conservatee have been broadened pursuant to Probate Code section 1873 to include the power to enter into transactions, without prior order, concerning real property.
(Rule 10.66 [previously as, 10.174] new and effective 1/1/08.)
10.67 CONSERVATORSHIP CARE PLAN
(a) LASC Form Care Plan. The Los Angeles Superior Court form "Conservatorship Care Plan" must be used when a conservator files his or her personal care plan as required by Probate Code section 2352.
(b) Mailing Copy of Conservatorship Care Plan to Court Investigator. When the Conservatorship Care Plan is filed with the Court, a copy must be mailed to the Court Investigator's Office, 111 N. Hill Street, Room 250, Los Angeles, CA 90012.
(Rule 10.67 new and effective 1/1/08.)
10.68 COURT INVESTIGATOR'S ASSESSMENTS
The conservator's account and/or report shall state whether all court investigator's assessments have been paid. No final discharge will be granted until proof of payment is filed with the Court or payment of the assessments have been waived.
(Rule 10.68 [previously as, 10.178] new and effective 1/1/08.)
10.69 RESIGNATION OF CONSERVATOR
(a) Effective Date of Resignation. A conservator may resign at any time. However, the resignation is not effective until approved by the Court and will not be approved until a successor conservator is appointed.
(b) Final Account of Resigning Conservator. A final account of a resigning conservator shall not be approved until a successor conservator is appointed and is served with notice of hearing and copy of the account and/or petition for its approval.
(Rule 10.69 [previously as, 10.179] new and effective 1/1/08.)
10.70 NOTICES RE FINAL ACCOUNT UPON DEATH OF CONSERVATEE
Notice of hearing and a copy of the petition for settlement of a final account, upon the death of the conservatee, must be given to the personal representative, if any, of the deceased conservatee, and if none, to all known heirs at law, devisees and other successors in interest.
(Rule 10.70 [previously as, 10.170] new and effective 1/1/08.)
RULES COMMON TO CONSERVATORSHIP PROCEEDINGS, GUARDIANSHIPS PROCEEDINGS AND/OR TRUSTS CREATED OR FUNDED BY COURT ORDER
10.71 CONSERVATOR'S OR GUARDIAN'S INDEPENDENT POWERS
A request for Probate Code section 2591 independent powers must justify the necessity for each power requested.
When the power to sell real property is granted, the sale must be returned to the Court for confirmation.
(Rule 10.71 [previously as, 10.153] new and effective 1/1/08.)
10.72 INVENTORY AND APPRAISAL OF BENEFITS
If the ward or conservatee receives pension, Veterans, Social Security, welfare or other periodic benefits, such benefits must be included in the inventory.
(Rule 10.72 [previously as, 10.154] new and effective 1/1/08.)
10.73 ACCOUNTS, REPORTS AND CONSERVATOR/GUARDIAN COMPENSATION
(a) Reconciliation of Financial Statements. When a closing balance reported in the "Property on Hand" schedule (at end of the accounting period) and/or an Inventory and Appraisal (for first accountings) does not agree with the balance reported in its corresponding financial statement, the account must include a schedule with a detailed reconciliation, including calculation and description of the reason for the difference.
(b) Allegation Regarding Sufficiency of Bond. The petition for approval of an account must state the amount of the current bond, if any, and whether an additional bond or reduction of bondis necessary.
(c) Allegation Regarding Blocked Accounts. The petition for approval of an account must state when funds are on deposit in a blocked account(s). Proof of deposit and the blocked account status must be filed.
(d) Insured Accounts. No account balance may be larger than the amount insured.
(e) Vesting of Accounts. Financial institution accounts must be vested in the name of the fiduciary (e.g., Joe Smith as conservator of the estate of Margaret Smith).
(f) Court Investigator's Assessments. Petitions for approval of accounts must state whether or not the court investigator's assessments have been paid and if there are amounts unpaid, the amount due and owing. A receipt for payment must be filed before the account is approved unless the conservator has obtained an order deferring or waiving payment of the assessment.
(g) Conservator Compensation. When the conservator requests compensation, whether requested in a petition for approval of an account or in a separate petition, justification for the fees requested must be in the format set forth in Appendix D.
(h) Hearings for Approval of Conservatorship/Guardianship Accounts To Be Coordinated With Hearings For Approval of Trust Accounts. When the conservatee/ward is the settlor or a beneficiary of a trust that is subject to the Court's continuing jurisdiction and the conservator/guardian is the trustee or co-trustee of the trust, the trustee's accounting must be set for hearing on the same day as the conservatorship/guardianship accounting.
(Rule 10.73 [previously as, 10.155] new and effective 1/1/08.)
10.74 ACCOUNTS AND INVENTORIES AND APPRAISALS - CONSERVATORS AND TRUSTEES OF TRUSTS SUBJECT TO THE COURT'S CONTINUING JURISDICTION
(a) Mailing Copies to the Court Investigator's Office. Conservators of the estate and trustees of trusts funded by court order, or trusts otherwise subject to the Court's continuing jurisdiction (but not including testamentary trusts subject to the Court's jurisdiction pursuant to Probate Code section 17300), must mail, or cause to be mailed, copies of all accountings and Inventories and Appraisals filed with the Court to the Court Investigator's Office, 111 N. Hill Street, Room 250, Los Angeles, CA 90012. Copies of the financial statements, escrow statements and billing statements from residential care or long term care facilities, required by Probate Code section 2620, need not be attached to the mailed copies to the Court Investigator.
(b) Lodging Original Financial Statements with the Court. All original financial account statements submitted by Private Professional Fiduciaries in support of their accountings, as required by Probate Code section 2620, must be lodged with the Court separately from the accounting. When lodging these documents with the Court a caption page must be affixed to the documents. The caption page must include: the case name; the case number; the date, time, and place of the hearing; the name and address of the fiduciary and his or her attorney; a statement regarding the total number of pages (including the cover sheet) submitted; and a declaration, under penalty of perjury, stating the financial statements attached are the originals . Several documents may be filed under a single captioning page. To facilitate return of the original documents, the fiduciary must submit, at the time of filing, a self addressed postage pre-paid envelope or written instructions or authorization for pick-up by the fiduciary or his or her designee. Retention and return of financial documents shall be as follows:
(1) Districts with Probate Scanning. Statements scanned by the Court shall constitute the Court's permanent record of such documents. After the financial statements are scanned, theClerk is authorized to return these documents to the Private Professional Fiduciary. To facilitate scanning the documents must be loosely bound and not stapled.
(2) Districts without Probate Scanning. The Court will return the financial statements to the Private Professional Fiduciary after the order approving the fiduciary's accounting becomes final. At that time, the original documents will be returned to the depositing fiduciary or any successor appointed by the Court.
(Rule 10.74 [previously as, 10.180.1] new and effective 1/1/08.)
TRUST PROCEEDINGS
10.75 MULTIPLE PROBATE CODE SECTION 17200 ET SEQ. PETITIONS CONCERNING ONE TRUST
All petitions filed under Probate Code section 17200 et seq., which relate to the same trust, must be filed under the same case number.
Each petition filed under Probate Code section 17200 et seq., whether or not filed in the same case file, must contain facts necessary to support the jurisdiction of the Court and requires a new initial filing fee for each petition.
(Rule 10.75 [previously as, 10.181.1] new and effective 1/1/08.)
10.76 PETITIONS TO CONFIRM SALE OF TRUST REAL PROPERTY
When a trustee seeks court confirmation of sale of trust real property, the sale must comply with the provisions of Probate Code section 10300 et seq.. The trustee is required to publish notice of intention to sell real property unless: the trust gives the trustee the power to sell real property; the trust directs the property to be sold; or, the value of the property does not exceed $5,000 (Prob. Code, § 10301).
(Rule 10.76 new and effective 1/1/08.)
10.77 SETTLEMENTS INVOLVING CHARITABLE TRUSTS
The Attorney General must be a party to a petition to modify or terminate a trust for charitable purposes.
(Rule 10.77 [previously as, 10.78] new and effective 1/1/08.)
10.78 TESTAMENTARY TRUSTEES' ACCOUNTS
The starting balance of the first account of a testamentary trustee must conform to the trustee's receipt(s) on file in the decedent's estate proceeding.
(Rule 10.78 [previously as, 10.181] new and effective 1/1/08.)
SETTLEMENTS OR JUDGMENTS INVOLVING MINORS OR PERSONS WITH DISABILITIES, TRUSTS FUNDED OR ESTABLISHED PURSUANT TO COURT ORDER
10.79 SETTLEMENTS OR JUDGMENTS RELATING TO CLAIMS OF MINORS OR PERSONS WITH DISABILITIES (INCLUDING ESTABLISHMENT AND FUNDING OF TRUSTS)
When there is a judgment or settlement of claim(s), including a covenant not to sue, relating to a minor or person with a disability, as defined by Probate Code section 3603, the procedures set forth in this rule shall apply. (Also see Code Civ. Proc., § 372; Prob. Code, § 2500 et seq.; Prob. Code, § 3500, Prob. Code, §§ 3600 to 3612; Title 7, Section 7.10 of the Standards of Judicial Administration; and, California Rules of Court, tit. 3, div. 12, rule 3.1384 and tit. 7, chap. 20).
(a) Proper Court To Approve Settlement.
(1) No Civil Action Pending. If no civil action is pending, the settlement must be approved by the Probate Court as provided in Probate Code sections 2505(b) and 3500.
(2) Pending Civil Action. If settlement for a minor or a person with a disability is reached in a pending civil action, the settlement must be approved in the court in which the action is pending (see Prob. Code, § 2505(a).).
(b) Disposition of Proceeds. Proceeds from a settlement or judgment may be handled in the following manner [except for settlements made pursuant to Probate Code section 3500(d)]:
(1) Distribution to a parent of a minor. Probate Code sections 3611(e) and 3400 et seq.;
(2) Distribution to one or more insured blocked accounts deposited in financial institutions in this state, Probate Code section 3602(c)(1). Deposits in financial institutions covered by FDIC insurance must not exceed the amount covered;
(3) Distribution to a guardian or conservator of the estate after filing of appropriate bond. Probate Code sections 3602(b) and 3611(a);
(4) Distribution to a custodian under the Uniform Transfers to Minors Act, who may be required to place the funds into a blocked account or be bonded in the amount required by Probate Code section 2320 et seq. Probate Code sections 3602(c) and 3611(f);
(5) Purchase of a single-premium deferred annuity. Probate Code sections 3602(d) and 3611(b);
(6) Creation and distribution to a Special Needs Trust. Probate Code sections 3602(d) and 3611(c);
(7) Creation and distribution to a trust for a minor that is revocable at age 18. Probate Code sections 3602(c)(3) and 3611(g).
(c) Petition to Compromise Claim:
(1) Petition to Comply With California Rules of Court. A petition for approval of the compromise of a claim of a minor or a person with a disability is subject to the provisions of California Rules of Court, title 7, rules 7.950 and 7.951. Use of Judicial Council forms is required; see California Rules of Court, title 7, rule 7.101.
(2) Appointments of Guardians Ad Litem. The Court may appoint a guardian ad litem for the minor or person with a disability to review the settlement (Code Civ. Proc., § 373 and Prob. Code, §1003).
(3) Attorney's Fee, Costs and Expenses. At the time of hearing, the Court shall determine the amounts of attorneys fees, costs and expenses to be allowed from the proceeds of the settlement, see California Rules of Court, title 7, rule 7.955. Except where good cause is shown, the attorney's fees shall not exceed an amount equal to twenty-five percent (25%) of the gross proceeds of settlement, or, if applicable, the amount determined under Business and Professions Code section 6146, whichever is less. When attorney's fees are requested, a declaration from the attorney explaining the basis for the requested fees must be attached to the Petition to Approve the Compromise. The declaration must be in the form required in California Rules of Court, title 7, rule7.702 subdivisions (1) to (6). If the settlement includes the purchase of a single-premium deferred annuity, attorney's fees shall be calculated based on the premium amount of the annuity and not the total payments to be made.
(4) Annuities. When the settlement includes the purchase of a single-premium deferred annuity, an exemplar of the proposed annuity contract and schedule of payments to be made pursuant to the contract shall be attached to the petition. The annuity shall provide that the contingent beneficiary is the minor's or the person with a disability's estate. The rating of the company issuing the annuity shall be disclosed in the petition.
(5) Establishment of Special Needs or Other Trusts. When the settlement proposes the establishment of a special needs or other trust as provided in Probate Code sections 3600 to 3612, the terms of the proposed trust shall be reviewed by the Probate Department. The terms of the trust shall include the provisions required in California Rules of Court, title 7, rule 7.903, and Los Angeles Superior Court Local Rules, chapter ten, rule 10.80.
(d) Orders:
(1) Order Approving Compromise of Claim. Judicial Council form "Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgment for Minor or Adult Person with a Disability" is required.
(2) Orders Establishing Trusts. When the order establishes a trust, the order shall be a long form attorney order, setting forth the provisions of the trust in their entirety.
(e) Post Judgment Procedures:
(1) Commencement of Trust Proceeding. The order approving the settlement shall provide, as a condition to final approval of the settlement, that the trustee(s) commence a separate trust proceeding with a probate case number in this county. A certified copy of the order establishing the trust, together with a copy of the trustee's bond(s), shall be filed with the court by presenting said documents with a caption page, identifying the trust, for assignment of a probate case number.
(2) Establishment of Blocked Accounts: A certified or file endorsed copy of the Judicial Council form "Order To Deposit Money Into Blocked Account" must be delivered to the financial institution. The Judicial Council form "Receipt and Acknowledgment of Order for the Deposit of Money to Blocked Account" shall be signed by the depository and promptly filed with the court, California Rules of Court, title 7, rule 7.953. It is the duty of the attorney to assure that funds are deposited in accordance with the order. Attorney's fees shall not be paid until the money is deposited in the blocked account and the receipt is filed with the court.
(3) Withdrawal of Funds from Blocked Account: A Judicial Council form "Petition for Withdrawal of Funds from Blocked Account" shall be filed and presented to the Probate Department of the Superior Court. Petitions may be presented ex parte. Contact The Minor's Account Section, located in the Stanley Mosk Courthouse, 111 N. Hill Street, Room 260, Los Angeles, CA 90012 or (213) 974-5519 concerning Central District cases.
When withdrawal is sought because the minor has reached majority and the "Order To Deposit Money Into Blocked Account" is self executing, i.e., provides for release when minor attains the age of 18, the court has no further involvement. The former minor must contact the financial institution directly for release of funds.
(Rule 10.79 [previously as, 10.186.2, 10.187, 10.188, 10.188.1 &10.189] new and effective 1/1/08.)
10.80 TRUSTS CREATED OR FUNDED PURSUANT TO COURT ORDER INCLUDING CIVIL JUDGMENT
(a) Trusts Created or Funded By Court Order. Trusts created or funded by court order, including trusts created pursuant to Probate Code sections 2580 et seq. ("substituted judgment"), 3100 et seq. (relating to particular transactions for disabled spouses or registered domestic partners), and 3600 et seq. (relating to the compromises of claims of minors and persons with disabilities) are subject to California Rules of Court, title 7, rule 7.903. All such trusts shall include provisions for protection of the trust assets against misuse and for continuing supervision by the court. Except as provided in subsection (c) herein, unless the court otherwise orders for good cause shown, trusts created or funded by court order must:
(1) not contain a no-contest provision;
(2) prohibit modification or revocation without court approval;
(3) clearly identify the trustee and any other person(s) with authority to direct the trustee to make disbursements;
(4) prohibit investments by the trustee other than those permitted under Probate Code section 2574;
(5) require persons identified in subdivision (3) to post bond in the amount required under Probate Code section 2320 et seq.;
(6) require the trustee to file accounts and reports for court approval in the manner as frequency required by Probate Code sections 1060 et seq. and 2320 et seq.;
(7) require court approval of changes in trustees and a court order appointing any successor trustee;
(8) require compensation of the trustee, the members of any advisory committee and the attorney for the trustee to be just and reasonable amounts, to be fixed and allowed by prior order of court. The trust may provide for periodic payments of compensation on account, subject to the requirements of Probate Code section 2643 and California Rule of Court, title 7, rule 7.755.
(b) Additional Trust Requirements. The court may also require that the trust include the following provisions:
(1) When the trustee is a trust company (as defined in Financial Code section 107) and it petitions for fees, the petition shall include a complete disclosure of any fees paid to a fiduciary and/or any affiliate as required by Probate Code section 16015 and Financial Code section 1561.1;
(2) Any purchase of a personal residence for a beneficiary may be made only if authorized by the court pursuant to the rules applicable to conservatorships and guardianships, Probate Code section 2571;
(3) Any sale of a personal residence of the beneficiary may be made only if authorized by the court pursuant to the rules applicable to conservatorships and guardianships, Probate Code section 2540(b). Such sales must be returned to court for confirmation [See Probate Code section 10300 et seq.];
(4) The trustee may not borrow money, lend money, give security, lease, convey, or exchange any property of the estate without prior authorization by order of the court, Probate Code section 2550.
(c) Rule Does Not Apply to Trusts Under $20,000. Unless the court otherwise orders for good cause shown, the requirements of subdivision (a) paragraphs (5) to (8) and subdivision (b) of this rule do not apply to trust instruments or trusts that will have a total asset value of $20,000 orless, after receipt of the net proceeds of the proposed settlement or judgment.
(Rule 10.80 [previously as, 10.186] new and effective 1/1/08.)
10.81 SPECIAL NEEDS TRUST CREATED BY COURT ORDER/JUDGMENT
A special needs trust is intended to allow the beneficiary to continue to maintain eligibility for certain needs-based government benefits, such as SSI or Medi-Cal. Special needs trusts typically contain limitations on the ability to use trust assets to pay for the food, shelter, clothing and utilities of the beneficiary, so that eligibility for government benefits will not be impaired (see, 20 C.F.R. section 416.1130 et seq., and 22 Cal. Code Regs. section 50509 et seq.).
When special needs trusts are established by court order, federal law generally requires that the trust provide that upon termination, Medi-Cal or any other Medic-aid agency which has paid benefits to the beneficiary shall receive all amounts remaining in the trust up to an amount equal to the benefits paid (42 U.S.C. 1396p(d)(4)(A)). The Department of Health Services promulgates general guidelines regarding special needs trusts. These guidelines can be obtained by contacting the Department of Health Services.
(Rule 10.81 [previously as, 10.186 & 10.186.1] new and effective 1/1/08.)
10.82 NEW COURT PROCEEDINGS REQUIRED FOR TRUSTS ESTABLISHED UNDER PROBATE CODE SECTION 2580 OR 3100
When a trust is created under Probate Code section 2580 et seq. in a conservatorship proceeding, or Probate Code section 3100 et seq., all future proceedings relating to that trust must be filed as a new separate case.
(Rule 10.82 [previously as, 10.181.1(a)] new and effective 1/1/08.)
PROBATE VOLUNTEER PANEL ATTORNEYS
10.83 PROBATE VOLUNTEER PANEL GENERAL ELIGIBILITY REQUIREMENTS AND PROCEDURES FOR APPOINTMENT TO THE PANEL
All Probate Volunteer Panel (PVP) Attorneys must meet the following General Requirements:
(a) Active Status with the State Bar. PVP Attorneys must have maintained active status with the State Bar of California for each of the preceding three years and have no disciplinary proceedings pending and none filed against him/her during the preceding twelve months.
(b) Submit Application and Compliance Statement. PVP Attorneys must complete and submit the following:
(1) An Application for Appointment to the Probate Volunteer Panel.
(2) A Compliance Statement with the Application, and annually thereafter.
These forms may be obtained on-line at www.lasuperiorcourt.org, see "Probate", from the Superior Court Probate Department, located at 111 N. Hill Street, Room 258, Los Angeles, California, or by calling (213) 974-5471.
(c) Educational and MCLE Requirements.
(1) All Attorneys must complete at least twelve hours of MCLE, during his/her State Bar reporting period, in areas of decedent estates, conservatorships/guardianships or trust administration.
(2) Completion of the mandatory Probate Volunteer Panel training course(s) within one year from submission of his/her application.
(d) Professional Liability Insurance. All Probate Volunteer Panel Attorneys must carry Professional Liability Insurance with policy limits consistent with the value of the matters handled, and at a minimum an amount of $100,000 per claim and $300,000 per year.
(Rule 10.83 [previously as, 10.173.4] new and effective 1/1/08.)
10.84 PROBATE VOLUNTEER PANEL - REQUIREMENTS FOR SPECIFIC AREAS OF INTEREST
(a) General Requirements for Specific Areas of Interest. PVP Attorneys must meet the following general requirements for specific area(s) of interest:
(1) Decedent Estate and Trust Administration. Prior to filing the application and within the past three years, the Attorney must have represented parties in at least six different probate or trust administration court proceedings, including three decedent estate or trust proceedings from inception through final account and/or order for distribution.
The Attorney must have experience and/or training in tax-related issues sufficient to enable the Attorney to identify tax issues from the facts of the case and to competently represent the client's interests concerning the potential tax consequences of the particular matter.
(2) Conservatorships and Guardianships of Estates. Prior to filing the application and within the past three years, the Attorney must have represented parties in at least four conservatorship/guardianship of estate matters, including at least two proceedings from inception, which involve securing the appointment and qualification of the conservator or guardian of the estate.
(3) Guardianships of the Person. Prior to filing the application and within the past five years, the Attorney must have represented parties in at least four guardianship of the person matters or, in the alternative, have participated as a volunteer in a Superior Court Guardianship Clinic on a regular basis. It is suggested that the Applicant have experience in family law custody matters.
(4) Conservatorships of the Person. Prior to filing the application and within the past five years, the Attorney must have represented parties in at least four conservatorship of the person matters, including at least two proceedings from inception, which involve securing the appointment and qualification of the conservator of the person.
(5) Limited Conservatorships/Conservatorships for Adults with Developmental Disabilities. Prior to filing the application and within the past three years, the Attorney must have comprehension of the legal and medical issues arising out of developmental disabilities and an understanding of the role of the Regional Center.
(6) Estate Planning and Taxation. Prior to filing the application and within the past three years, the Attorney must have extensive experience in matters regarding estate planning, estate, gift, or income tax or related tax matters pertaining to trusts and decedent estates. The Attorney must have represented parties in at least three substituted judgment (Prob. Code, § 2580 et seq.) or particular transactions matters (Prob. Code, § 3100 et seq.)
(7) Medi-Cal Planning. Prior to filing the application and within the past three years, the Attorney must have represented parties in at least three Probate Code section 3100 petitions, including at least two in which there was a request to increase either the Community/Spouse Resource Allowance and/or increase the Minimum Monthly Maintenance Need Allowance. The Attorney must be familiar with the laws and regulations relating to Medi-Cal eligibility, andspecifically shall be knowledgeable and up to date on the rules regarding the increase of the CSRA/MMMNA, exempt assets, gifting rules, and tax ramifications related to Medi-Cal planning.
(8) Compromises/Judgments and Special Needs Trusts for Minors/Persons with Disabilities. Prior to filing the application and within the past three years, the Attorney must have represented parties in at least three petitions for approval of compromise under Probate Code section 3500 or Code of Civil Procedure section 372, three of which involved creation of special needs trusts. The Attorney must be familiar with the advantages and disadvantages of the various funding alternatives available under Probate Code section 3600 et seq., and with the application of MICRA to medical malpractice settlements. Applicants may be expected to appear in civil proceedings.
(9) Fiduciary Appointments/Guardians ad Litem. The Attorney must have at least ten years in practice, with recent experience serving as a fiduciary or guardian ad litem.
Warning: Professional Liability Insurance coverage may not cover an attorney who acts as a guardian ad litem or fiduciary. Although professional liability insurance is not a requirement while acting as a guardian ad litem, PVP attorneys may wish to consult their professional liability insurance carrier to determine coverage prior to accepting such appointments.
(10) Evidence Code Section 730 Experts/Referees/Special Masters. The Attorney must have at least ten years in practice, with experience serving as an Evidence Code section 730 expert, or CCP 638 referee or special master. The Applicant also must have substantial expertise in the substantive area of the law involved in the matter.
(11) Health Care Decisions for Adults Without Conservators and Tuberculosis Detention Proceedings/Capacity Determinations. Prior to filing the application and within the past three years, the Attorney must have extensive experience in matters relating to medical treatment and bio-ethical issues. The Attorney must be familiar with Probate Code section 3200 or Health and Safety Code section 121365 proceedings. Because these cases often involve complex treatment issues, the Attorney is expected to become familiar with the medical parameters underlying these issues in order to adequately represent the client's interests. These cases often involve medical emergencies with complex bio-ethical issues, and may require immediate attorney response.
(b) MCLE Requirements for Specific Areas of Interest. PVP Attorneys must meet the following MCLE requirements for specific area(s) of interest:
(1) Conservators or Guardians of Estate. The Attorney must have at least three hours of MCLE in the areas of guardianships/conservatorships during the Applicant's State Bar reporting period.
(2) Conservatorship of the Person. The Attorney must have at least three hours of MCLE in the areas of guardianships/conservatorships during the Applicant's State Bar reporting period.
(3) Estate Planning and Taxation. The Attorney must have at least ten hours of MCLE in the areas of estate planning and taxation during the Attorney's State Bar reporting period.
(4) Limited Conservatorships/Conservatorships for Developmentally Disabled Adults. The Attorney must have at least three hours of MCLE in the areas of guardianships/conservatorships during the Attorney's State Bar reporting period, and have attended the Limited Conservatorships PVP Training Program.
(5) Medi-Cal Planning. The Attorney must have at least three hours of MCLE in the areas of guardianships/conservatorships during the Attorney's State Bar reporting period.
(6) Compromises/Judgments and Special Needs Trust for Minors/Incompetent Adults. The Attorney must have at least three hours of MCLE in the areas ofguardianships/conservatorships during the Attorney's State Bar reporting period.
(7) Health Care Decisions for Adults Without Conservators and Tuberculosis Detention Proceedings/Capacity Determinations. The Attorney must have at least three hours of MCLE in the areas of guardianships/conservatorships during the Attorney's State Bar reporting period.
(Rule 10.84 [previously as, Appendix E] new and effective 1/1/08.)
10.85 ETHICAL GUIDELINES
Court appointed counsel's (PVP counsel's) primary duty is to represent the interests of his/her client in accordance with applicable laws and ethical standards. The PVP attorney's secondary duty is to assist the court in the resolution of the matter to be decided. The PVP attorney must, if practical, ensure that the client is afforded an opportunity to address the court directly.
(Rule 10.85 [previously as, Appendix E] new and effective 1/1/08.)
10.86 PVP ATTORNEY APPOINTMENTS ARE PERSONAL
PVP Attorney appointments are personal and cannot be delegated. Only the panel attorney appointed by the Court may render legal services to the client and appear at the court hearing.
(Rule 10.86 new and effective 1/1/08.)
10.87 WRITTEN REPORTS AND COMPENSATION FOR COURT-APPOINTED ATTORNEYS
(a) Written Reports. Court-appointed counsel must file a written report with the Court, the report shall include a statement, verified by counsel stating:
(1) That the PVP attorney is an active member of the State Bar of California and no disciplinary actions are pending and none were filed against him/her during the past twelve months.
(2) That the PVP attorney has professional liability insurance coverage in effect with policy limits consistent with the value of the matter being handled.
(3) That the PVP attorney does not, or has not, represented any party to the proceeding, except as otherwise stated in the report. The statement must include the name of the party and a brief explanation. Note: include cases where PVP counsel represents or has represented a private professional conservator.
(b) Compensation for PVP Attorneys. Requests for compensation of court-appointed attorneys should be made as part of the written report filed with the Court or otherwise orally in Court at the hearing.
(1) If the request for compensation is for services in excess of five hours, it must be supported by a written fee declaration and served upon the appearing parties. The request for fees must contain a schedule of services rendered specifying each date, nature of the service rendered, and the time devoted to that service.
(2) The Court appointed attorney will be awarded compensation at a reduced hourly rate, except in cases involving unusual problems requiring extraordinary expertise.
(3) The Court may order the fees to be paid by the estate or party(ies) or, when authorized by statute, by the county to the extent the Court determines the person is unable to pay. A form request for the PACE county-paid compensation may be obtained from the courtroom clerk.
(4) If no court appearance is required of the Court-appointed attorney, a petition for compensation should be filed and set for hearing in the ordinary manner.
(Rule 10.87 [previously as, 10.173.1 & 10.173.2] new and effective 1/1/08.)
Chapter 11 Appellate Division/Department 70 Rules
11.0 GENERAL PROVISION
(a) Assignment of Judges
(b) Appellate Jurisdiction
(c) Writ Jurisdiction
11.1 APPEALS
(a) Notice of Appeal
11.2 STAY ORDERS IN PENDING APPEALS
(a) Format of Papers
(b) Civil Appeals
(c) Criminal Appeals
(d) Bonds on Appeal
11.3 APPOINTED COUNSEL IN MISDEMEANOR APPEALS
(a) Right to Counsel
(b) Notice by Court
(c) Applications for Appointed Counsel
11.4 RECORD ON APPEAL
(a) Civil Appeals
(b) Criminal Appeals
11.5 BRIEFS
(a) Time for Filing
(b) Content and Format
(c) Length
(d) Service
(e) Extension of Time
11.6 ORAL ARGUMENT
(a) Date and Time
(b) Failure to Appear
(c) Continuances
(d) Amount of Time to Argue
(e) Tentative Rulings
(f) Supplemental Briefing
11.7 JUDGMENT
(a) Time for Decision
(b) Opinion
(c) Publication
(d) Rehearing and/or Certification
11.8 APPLICATIONS AND MOTIONS
(a) Routine Applications
(b) Motions
(c) Motions to Withdraw as Counsel
(d) Motions Before Record Filed
(e) Ruling on Applications and Motions
(f) Abandonment
11.9 EXTENSIONS AND RELIEF FROM DEFAULT
(a) Where Application For Extension Filed
(b) Denial or Failure To Grant By Trial Court
(c) Reinstatement of Appeal
11.10 WRITS
(a) Assigned Departments
(b) Writs Involving Felony Matters Prior to the Preliminary Hearing
(c) Prohibition and Mandate
(d) Filing and Service of Writs
(e) Writ Proceedings and Decisions
(f) Habeas Corpus filed in conjunction with an appeal pending in the Appellate Division
11.0 GENERAL PROVISION
(a) Assignment of Judges.
(1) Appellate Division. Four judges are assigned to the Appellate Division by the Chairperson of the Judicial Council. The Appellate Division is in Room 607 in the Central District.
(2) Department 70. Each judge assigned to the Appellate Division is also assigned to Department 70 of the Central District, Room 607. The Judges in Department 70 are assigned on a rotating basis and to be heard by one judge, petitions for writ of habeas corpus that are filed in conjunction with an appeal pending in the Appellate Division. The assigned judge's decision is dispositive of the petition for writ of habeas corpus.
(Rule 11.0(a) amended and effective 7/1/2001.)
(b) Appellate Jurisdiction.
(1) The Appellate Division of the Superior Court has jurisdiction over all appeals arising from all misdemeanor, infraction and limited civil cases in Los Angeles County (except small claims appeals) and over all motions and petitions for stay orders in connection with such appeals. (Code Civ. Proc., § 77(e).)
(Rule 11.0(b)(1) amended and effective 7/1/2001.)
(2) Decisions. A panel of three judges participate in each matter before the court. The concurrence of at least two judges is required for a decision in any case. (Code Civ. Proc., § 77(a),(b) and (d).)
(c) Writ Jurisdiction.
(1) The Appellate Division has jurisdiction over all petitions for writs of mandate, prohibition and review (certiorari) in any misdemeanor, infraction or limited civil case. (Code Civ. Proc. §§ 1068(b), 1085(b) and 1103(b).)
(2) Decision. A panel of three judges participate in each petition for writs of mandate, prohibition and review (certiorari) in any misdemeanor, infraction or limited civil case. The concurrence of at least two judges is required for a decision in any petition for a writ. (Code Civ. Proc. § 77(a),(b) and(d).)
(Rule 11.0(c)(1)&(2) amended and effective 7/1/2001.)
(Rule 11.0 [1/1/95] amended and effective 7/1/2001.)
11.1 APPEALS
(a) Notice of Appeal.
(1) Jurisdiction. The Appellate Division has appellate jurisdiction only over cases in which a notice of appeal was filed. (Cal. Rules of Court, rules 8.751 (civil appeals) and 8.752 (criminal appeals).)
(2) Where filed. The notice of appeal must be filed in the trial court from which the appeal is being taken.
(3) Late Filing/Motion to Dismiss.
a) Requests for relief from a late filing of notice of appeal or motion to dismiss on grounds of late filing of notice of appeal must be filed in the Appellate Division, and must comply with LASCR, rule 11.8.
b) The request and motion are ruled upon, without hearing, by the court.
(4) Filing Fees.
a) Filing fees required by Government Code § 26824 must be paid in the trial court, except for respondent's fees, which must be paid in the Appellate Division.
b) For litigants who qualify, filing fees may be waived by the court. Applications for fee waivers must be filed in the trial court at the time of filing the notice of appeal or within ten (10) days thereafter. (Cal. Rules of Court, rule 8.750(c), (d).)
(Rule 11.1(a) Notice of Appeal renumbered (b) to (a) 7/1/2001, (1),(2),(3)&(4) 7/1/2001 amended and effective 1/1/08.)
(Rule 11.1, [1/1/95, (a) Governing Law REPEALED 7/1/2001] amended and effective 1/1/08.)
11.2 STAY ORDERS IN PENDING APPEALS
(a) Format of Papers. All papers filed in connection with stay orders must comply with LASCR, rule 11.8 below.
(b) Civil Appeals.
(1) Before filing Notice of Appeal. Applications for stay orders before notice of appeal has been filed must be filed in the trial court. (Code Civ. Proc., § 918.)
(2) After filing Notice of Appeal.
a) Applications for stay orders pending appeal after notice of appeal has been filed must be filed in the Appellate Division. Applications and response to applications must be filed and served pursuant to LASCR, rule 11.8. (See Cal. Rules of Court, rule 8.705(a).)
b) Applications for stay orders are ruled upon, without hearing, by the court, which may request opposition papers be filed before ruling.
c) In unlawful detainer actions, the applicant must seek a stay from the trial court before seeking relief in the Appellate Division. (Code Civ. Proc., § 1176.)
(3) Supersedeas.
a) Filing. Petitions for writ of supersedeas must be filed in the Appellate Division and must comply with California Rules of Court, rule 8.705(a).
b) Service. Petitions for writ of supersedeas must be served in accordance with California Rules of Court, rule 8.705(a), and must be accompanied by proof of service at the time of filing. Petitions and opposition to petitions must be filed and served pursuant to LASCR, rule 11.8.
c) Decision. Petitions for writ of supersedeas are ruled upon without hearing by the court, which may request that opposition papers be filed before ruling on the petition. In appropriate cases, the court may set the matter for oral argument.
d) Showing required.
1) Civil cases. A petition may be granted only on a showing of exceptional circumstances.
2) Unlawful detainer. Petitions must meet the requirements of Code of Civil Procedure section 1176.
e) Ex parte proceedings.
1) Pending the court's ruling on a supersedeas petition, a petition for temporary stay may be granted ex parte on application upon a showing of good cause and upon the giving of notice to the opposing party in accordance with California Rules of Court, rule 3.1200 et seq.
2) Applications must be filed in the Appellate Division and are ruled upon, without hearing, by the court.
(Rule 11.2(b) [7/1/2001] amended and effective 1/1/08.)
(c) Criminal Appeals.
(1) Stay of Execution.
a) An application for stay of execution must first be made in the trial court, and, if denied, may then be made in the Appellate Division. (See Penal Code, § 1467; Cal. Rules of Court, rule 8.312.)
b) Applications for stay orders must be filed in the Appellate Division and served on opposing counsel in accord with LASCR, rule 11.8.
c) Applications for stay are ruled upon, without hearing, by the court.
(2) Request for Bail Reduction on Appeal.
a) An application for bail reduction must first be made in the trial court, and if denied, may then be made in the Appellate Division. (Penal Code, § 1272.)
b) Applications for bail reduction are ruled upon, without hearing, by the court.
(Rule 11.2(c) [(1) Bail on Appeal [amended titled] & (2) Stay of Execution switched 7/1/2001] amended and effective 1/1/08.)
(d) Bonds on Appeal.
All proceedings concerning bonds on appeal must be brought in the trial court.
(Rule 11.2 [1/1/95, 7/1/2001] amended and effective 1/1/08.)
11.3 APPOINTED COUNSEL IN MISDEMEANOR APPEALS
(a) Right to Counsel. A defendant appealing a misdemeanor conviction, who had appointed counsel at trial or who has otherwise met the standards for appointed counsel, is entitled to appointed counsel on appeal. (Cal. Rules of Court, rule 8.786(a).)
(Rule 11.3(a) [1/1/95] amended and effective 1/1/08.)
(b) Notice by Court. The Appellate Division will send notice of the right to appointed counsel.
(Rule 11.3(b) amended and effective 7/1/2001.)
(c) Applications for Appointed Counsel.
(1) A party, meeting the standards, may apply for appointment of counsel either in the trial court or in the Appellate Division. (Cal. Rules of Court, rule 8.786(b).)
(2) Applications must be filed in the Appellate Division in accordance with LASCR, rule 11.8 and are decided, without hearing, by the court.
(3) List of Attorneys. Appointments are made by the Appellate Division from the list of attorneys maintained by the Appellate Division. (Cal. Rules of Court, rule 8.786.)
(Rule 11.3(c) [7/1/2001] amended and effective 1/1/08.)
(Rule 11.3 [1/1/95, 7/1/2001] title, (b) and (c) amended and effective 1/1/08.)
11.4 RECORD ON APPEAL
(a) Civil Appeals.
(1) Contents. The "record on appeal" includes the clerk's transcript [Cal. Rules of Court, rule 8.754] and may include the reporter's or electronic monitor's transcript [Cal. Rules of Court, rule 8.753], an agreed statement [Cal. Rules of Court, rule 8.755] or a settled statement [Cal. Rules of Court, rule 8.756]. The record is designated and prepared in the trial court [Cal. Rules of Court, rule 8.754].
(2) Designation of the Record. The parties must comply with the California Rules governing the method and time limits for designating and providing the record on appeal. [Cal. Rules of Court, rules 8.753-8.761] and are responsible for assuring that the required record is paid for and prepared.
(3) Clerk's Transcript. Within ten (10) days of notification by the clerk of the estimate of the cost of the preparation of the Clerk's Transcript, appellant must pay the required fees for the clerk's transcript designated by appellant for an appeal in a limited civil case. (Cal. Rules of Court, rule 8.754(a), (c).)
(4) Reporter's/Electronic Monitor's Transcript. Appellant must designate and file notice in the trial court to obtain a reporter's or electronic monitor's transcript and pay for that transcript within the time required by California Rules of Court. (Cal. Rules of Court, rule 8.753(a).)
(5) Burden of Providing the Record. It is the burden of appellant to insure that the Appellate Division has an adequate record for review. Any party who desires the court to review testimony and/or exhibits must provide either a reporter's or electronic monitor's transcript [Cal. Rules of Court, rule 8.753], an agreed statement [Cal. Rules of Court, rule 8.755] or a settled statement [Cal. Rules of Court, rule 8.756] of the relevant oral proceedings.
(Rule 11.4(a) [1/1/95, (3)&(5) 7/1/2001] (1) through (5) amended and effective 1/1/08.)
(b) Criminal Appeals.
(1) Contents. The "record on appeal" includes the clerk's transcript [Cal. Rules of Court, rule 8.783] and may include a reporter's or electronic monitor's transcript or a settled statement. (Cal. Rules of Court, rule 8.784.)
(2) Clerk's Transcript. The clerk's transcript is prepared by the trial court clerk without request or payment by the appellant. (Cal. Rules of Court, rule 8.783.) Either party may request from the trial court, on good cause, augmentation of the clerk's transcript with additional documents. (Cal. Rules of Court, rule 8.791.) If denied, a party may seek an order to augment from the Appellate Division. Such requests must comply with LASCR, rule 11.8, and are ruled upon, without hearing, by the court.
(Rule 11.4(b) [(3) Clerk's Transcript switched with (2) Designation of the Record 7/1/2001], amended and effective 1/1/08.)
( 3) Statement or Transcript. The parties must comply with the California Rules of Court governing the preparation, notice and time limits for proceeding on appeal in a misdemeanor or infraction case by statement or transcript. (Cal. Rules of Court, rules 8.784-8.787 and 8.789.)
(Rule 11.4(b) [(2) re-titled to Statement or Transcript, switched with (3) Clerk's Transcript, 7/1/2001] amended and effective 1/1/08.)
(4) Evidentiary Record on Appeal. An appellant may present the evidentiary record (testimony and/or exhibits) to the Appellate Division by filing either:
a) A statement on Appeal; or
b) Reporter's or Electronic Monitor's Transcript.
(Rule 11.4(b)(4) amended and effective 7/1/2001.)
(5) Statement on Appeal. The evidentiary record may be presented by a narrative summary of testimony and other oral proceedings at trial.
(6) Reporter's or Electronic Monitor's Transcript.
a) Appellant's responsibility. If appellant intends to present the evidentiary record by a reporter's or electronic monitor's transcript, appellant must file a notice for a transcriptof oral testimony at trial, and must pay for and obtain the transcript from the reporter or electronic monitor who reported the proceedings in the trial court.
b) Waiver of reporter's/electronic monitor's fees. Applications for the court to pay the cost of reporter's/electronic monitor's transcript must be made in the trial court. (Cal. Rules of Court, rule 8.784(d).) If the application is denied, appellant may apply to the Appellate Division. The application must comply with LASCR, rule 11.8, and will be ruled upon, without hearing, by the court. (Rule 11.4(b) [(6) 7/1/2001] amended and effective 1/1/08.)
(7) Rights of Respondent. Respondent is entitled to propose corrections, changes or additions to the statement or transcript. (Cal. Rules of Court, rule 8.785.)
(Rule 11.4(b)(7) amended and effective 1/1/08.)
(8) Settlement of Evidentiary Record. The trial court will set a time for settlement of the statement on appeal or reporter's/electronic monitor's transcript at which time the parties may have an opportunity to be heard before an order of settlement is made. (Cal. Rules of Court, rules 8.784, 8.786, 8.789.)
(Rule 11.4(b) [1/1/95, 7/1/2001] (1),(2),(3),(6),(7)&(8) amended and effective 1/1/08.)
(Rule 11.4 [1/1/95, 7/1/2001] amended and effective 1/1/08.)
11.5 BRIEFS
(a) Time for Filing.
(1) Order for Filing. After the record on appeal has been filed, the Appellate Division will issue an order setting the specific dates on which briefs must be filed. (Cal. Rules of Court, rule 8.706(a).)
(2) Failure to Comply. Failure of appellant to file an opening brief on or before the date ordered by Appellate Division is a ground to dismiss the appeal. Failure to file a respondent's brief as ordered will result in the case being submitted for decision on the record on appeal and on the appellant's opening brief. Such failure may cause the court to accept as true the statement of facts contained in appellant's opening brief. (Cal. Rules of Court, rules 8.762(c), 8.792.).
(Rule 11.5(a) [(1)&(2) 7/1/2001] amended and effective 1/1/08.)
(b) Content and Format. Briefs must comply with California Rules of Court, rule 8.706(c), and rule 8.204(b), except that only one side of the paper may be used, and such briefs shall be bound at the top and without a cover. No attachments to briefs are permitted.
(Rule 11.5(b) [7/1/2001, 7/1/2004] amended and effective 1/1/08.)
(c) Length.
(1) No brief shall exceed fifteen (15) pages in length without permission of the court. See California Rules of Court, rules 8.766, 8.706(c). Tables of contents and/or authorities are excluded from this 15-page limitation.
(2) Permission must be obtained by application in accordance with LASCR, rule 11.8.
(Rule 11.5(c) [7/1/2004] amended and effective 1/1/08.)
(d) Service. A copy of all briefs must be served on opposing counsel and the trial court. (See Cal. Rules of Court, rule 8.706(e), (f).)
(Rule 11.5(d) amended and effective 1/1/08.)
(e) Extension of Time. Applications for extensions of time to file briefs must be filed in the Appellate Division in accordance with LASCR, rule 11.8.
(Rule 11.5(e) amended and effective 7/1/2001.)
(Rule 11.5 [1/1/95, 7/1/2001, 7/1/2004] amended and effective 1/1/08.)
11.6 ORAL ARGUMENT
(a) Date and Time.
(1) Date. The date for oral argument will be ordered by the Appellate Division upon about four week's notice to the parties.
(2) Time.
a) Criminal matters: 9:00 a.m.
b) Civil matters: 1:30 p.m.
(Rule 11.6(a) amended and effective 7/1/2001.)
(b) Failure to Appear. A party who fails to appear at oral argument when the case is called is deemed to have waived oral argument unless the delay or tardiness is excused by the Appellate Division.
(Rule 11.6(b) amended and effective 7/1/2001.)
(c) Continuances. Continuances will only be granted upon a showing of good cause. Continuances by stipulation are subject to the approval of the Presiding Judge. Written applications for continuance must comply with LASCR, rule 11.8, and will be ruled upon, without hearing, by the court.
(d) Amount of Time to Argue. Parties are entitled to a reasonable time to argue, usually five (5) minutes and in no event exceeding fifteen (15) minutes without the prior permission of the court.
(e) Tentative Rulings. Tentative rulings are issued in most cases, indicating the court's initial proposed views or questions concerning a case. The court is not bound by a tentative ruling, whether or not a party has submitted the case based on the stated tentative ruling. Tentative rulings will be available on the afternoon of the day before calendar by telephone and will also be posted outside the courtroom on the day of the hearing.
(f) Supplemental Briefing. Supplemental briefing will be permitted when the court intends to decide a case upon the basis of an issue not briefed or proposed by any party. (Gov. Code, § 68081.)
(Rule 11.6 [1/1/95] amended and effective 7/1/2001.)
11.7 JUDGMENT
(a) Time for Decision. The court must decide a case within 90 days after submission. (Cal. Const., art.6, § 19.)
(b) Opinion. The court will generally file an opinion on each appeal but is not required to do so. (See Cal. Rules of Court, rule 8.707.)
(Rule 11.7(b) [7/1/2001] amended and effective 1/1/08.)
(c) Publication. An opinion is published in whole or in part in the Official Reports when a majority of the judges in the Appellate Division who participated in the opinion certifies that the opinion meets one or more of the standards set forth in California Rules of Court, rule 8.1105(b), and the Court of Appeal does not order the case transferred to it for hearing and decision. (Cal. Rules of Court, rules 8.1105(c), 8.1002.)
(Rule 11.7(c) [7/1/2001] amended and effective 1/1/08.)
(d) Rehearing and/or Certification.
(1) A petition for a rehearing must be served and filed with proof of service within 15 days after the judgment is filed. An answer to the petition may be served and filed within eight days after service of the petition. (Cal. Rules of Court, rule 8.708(c).)
(Rule 11.7(d)(1) amended and effective 1/1/08.)
(2) If a rehearing is ordered, the Appellate Division may place the case on calendarfor further argument or may resubmit the matter for decision without argument. (Cal. Rules of Court, rule 8.708(c).)
(Rule 11.7(d)(2) [7/1/2001] amended and effective 1/1/08.)
(3) Any party may move the court to certify, or the court on its own motion may certify, that transfer of a case to the Court of Appeal appears necessary to secure uniformity of decision or to settle important questions of law. (Cal. Rules of Court, rule 8.1005(a).) An application to certify must be filed before the judgment on appeal is final. (Cal. Rules of Court, rule 8.1005(b).)
(Rule 11.7(d)(3) amended and effective 1/1/08.)
(Rule 11.7 [1/1/95, 7/1/2001] amended and effective 1/1/08.)
11.8 APPLICATIONS AND MOTIONS
(a) Routine Applications. Routine applications, as defined by California Rules of Court, rule 8.766, shall be served on opposing counsel and submitted to the Appellate Division. Applications on routine matters must include a declaration under penalty of perjury. (Cal. Rules of Court, rules 8.703, 8.766 and 8.787.)
(Rule 11.8(a) [7/1/2001] amended and effective 1/1/08.)
(b) Motions. Written motions shall be served on all parties and must be filed in the Appellate Division in connection with all non-routine matters or where a party is in default. (Cal. Rules of Court, rules 8.705, 8.772(b).)
(Rule 11.8(b) [7/1/2001] amended and effective 1/1/08.)
(c) Motions to Withdraw as Counsel. Motions of an attorney to withdraw as counsel of record must comply with the requirements of Code of Civil Procedure sections 284 and 285, and California Rules of Court, rule 8.768(b).
(Rule 11.8(c) [7/1/2001] amended and effective 1/1/08.)
(d) Motions Before Record Filed. Civil motions filed before the Appellate Division has received the record on appeal must be accompanied either by a completed "Certificate of Clerk re Civil Motion to Appellate Division," certified by the trial court, or by documents sufficient to permit review.
(Rule 11.8(d) amended and effective 7/1/2001.)
(e) Ruling on Applications and Motions. Rulings on applications and motions made pursuant to this rule are made, without hearing, by the court.
(f) Abandonment. An appeal may be abandoned before the record is filed in the Appellate Division by filing a written abandonment in the trial court. (Cal. Rules of Court, rules 8.762(a), 8.790.) After the record is filed in the Appellate Division, a civil appeal may be dismissed on written request of the appellant or stipulation of the parties filed in the Appellate Division, and, in a criminal appeal, by filing a written abandonment of appeal in the Appellate Division. (Cal. Rules of Court, rules 8.762(b), 8.790.)
(Rule 11.8(f) [7/1/2001] amended and effective 1/1/08.)
(Rule 11.8 [1/1/95, 7/1/2001] amended and effective 1/1/08.)
11.9 EXTENSIONS AND RELIEF FROM DEFAULT
(a) Where Application For Extension Filed. Application for extension of time to perform an act beyond the time allowed by the rules or court order must be made to the trial court. (Cal. Rules of Court, rules 8.767(b), 8.787(a).)
(Rule 11.9(a) [7/1/2001] amended and effective 1/1/08.)
(b) Denial or Failure To Grant By Trial Court. If an extension of time or relief default is denied or cannot be granted by the trial court, application may be made to the Appellate Division in accordance with LASCR, rule 11.8, and will be ruled upon, without hearing, by the court.
(Rule 11.9(b) amended and effective 7/1/2001.)
(c) Reinstatement of Appeal. Applications to reinstate an appeal after dismissal must follow the procedure set forth in sub-paragraph (b) above.
(Rule 11.9 [1/1/95, 7/1/2001] amended and effective 1/1/08.)
11.10 WRITS
(a) Assigned Departments. Petitions for writ of mandate, prohibition or review (certiorari) in limited civil, misdemeanor or infraction cases shall be heard in the Appellate Division. (Code Civ. Proc., §§ 1085(b), 1103(b) and 1068(b).) Petitions for writ of habeas corpus in misdemeanor and infraction cases shall be filed in accordance with Local Rule 6.32.
(Rule 11.10(a) [7/1/2001] title amended and new text added and effective 1/1/07.)
(b) Writs Involving Felony Matters Prior to the Preliminary Hearing. In felony cases where the ruling, order or other matter arose prior to the completion of the preliminary hearing, petitions for writs of mandate, prohibition, review (certiorari), habeas corpus or any other petition for extraordinary relief, shall be filed in the Central District and promptly presented to the Supervising Judge of the Criminal Division. (See Local Rule 6.32(a)(3).) Subdivisions (c), (d)(2)a), (d)(3), and (e) of this rule apply to petitions filed with the Supervising Judge of the Criminal Division.
(Rule 11.10(b) [Writs Involving Felony Matters 1/1/95] title amended, old text REPEALED, new text added and effective 1/1/07.)
(c) Prohibition and Mandate.
(1) Record on Review. Petitioner must provide the court with an adequate record for review.
(2) Statutory Compliance. A writ petition must comply with all statutory requirements. (See Code Civil Proc., §§ 1067-1108.)
(d) Filing and Service of Writs.
(1) Filing.
a) Where Filed. The original petition with proof of service must be filed in Room 102 of the Los Angeles Superior Court, Central District.
b) When Filed. A writ petition generally must be filed within the statutory period for an appeal.
(2) Filing Fees.
a) Criminal Cases. No filing fees are required in a criminal case.
b) Civil Cases. The filing for a civil writ petition is the same as that in the schedule for the filing of civil cases.
(3) Service. The petition must be served on all parties and the Presiding Judge of the superior court before filing.
(Rule 11.10(d)(3) [1/1/95] amended and effective 7/1/2001.)
(4) Lodging With the Clerk. Petitioner must lodge a file-stamped, conformed copy of the petition, and may include a proposed alternative writ, with the clerk in Room 607. The clerk will hold the petition for opposition for five (5) days if the petition was personally served or ten (10) days if service was by mail to allow the real party in interest the opportunity to file preliminary opposition. (Code Civ. Proc., § 1107.)
(Rule 11.10(d)(4) [1/1/95] amended and effective 7/1/2001.)
(Rule 11.10(d) [1/1/95] amended and effective 7/1/2001.)
(e) Writ Proceedings and Decisions. The court may:
(1) Continue the matter and request supplementary documents or preliminary opposition;
(2) Summarily deny the petition without hearing;
(3) Notify the parties of the court's intent to issue the peremptory writ in the first instance (Palma v. U.S. Industrial Fasteners, Inc. (1984) 36 Cal.3d 171.) ; or
(4) Issue an alternative writ or order to show cause and set the matter for a hearing, after which, a decision will be made. If an alternative writ is issued, petitioner must serve the writ on all other parties. (Code Civ. Proc., § 1096.)
(Rule 11.10(e) [1/1/95] amended and effective 7/1/2001.)
(f) Habeas Corpus filed in conjunction with an appeal pending in the Appellate Division.
(1) The petition must be verified;
(2) The petition must be served on the trial judge and on the People before filing;
(3) The petition must be filed in Department 70, Room 607;
(4) No filing fee is required.
(Rule 11.10(f) [1/1/95] amended and effective 7/1/2001.)
(Rule 11.10 [1/1/95, 7/1/2001] amended and effective 1/1/07.)
Chapter 12 Alternative Dispute Resolution
12.0 APPLICABLE LAW AND RULES
RULES APPLICABLE TO BOTH ARBITRATION AND MEDIATION
12.1 ARBITRATION AND MEDIATION ADMINISTRATOR
12.2 ARBITRATION AND MEDIATION ORDERS AND FURTHER STATUS CONFERENCE
12.3 SELECTION OF ARBITRATOR OR MEDIATOR
12.4 ARBITRATION AND MEDIATION REPORTS
(a) Reports To Be Filed
(b) Information Form
12.5 NOTICE OF SETTLEMENT
12.6 (RESERVED)
RULES APPLICABLE TO ARBITRATION
12.7 INITIATION OF ARBITRATION
12.8 WITHDRAWAL FROM ARBITRATION
12.9 PRE-HEARING CONFERENCE
12.10 SETTING TIME AND PLACE OF ARBITRATION HEARING APPEARANCES REQUIRED
12.11 CONTINUANCE OF HEARING
12.12 INTERPRETERS
12.13 DESIGNATION OF PARTIES AND AMOUNTS IN AWARD
12.14 DISPOSITION OF EXHIBITS
MEDIATION PROCEDURES
12.15 APPEARANCES REQUIRED AT MEDIATION
12.16 STIPULATION TO MEDIATION
12.17 DISCOVERY DURING MEDIATION
RULES APPLICABLE TO BOTH TRIALS BEFORE TEMPORARY JUDGES AND REFERENCES BY CONSENT OF THE PARTIES
12.18 PROCEEDINGS TO BE OPEN TO THE PUBLIC
12.19 COURT'S FILES TO REMAIN OPEN FOR PUBLIC'S INSPECTION
12.20 SEALING ORDERS AND CONFIDENTIALITY AGREEMENTS
12.21 HEARINGS
RULES APPLICABLE TO TEMPORARY JUDGES
12.22 RESERVED
12.23 MATTERS TO BE AGREED UPON IN ORDER TO STIPULATE TO APPOINTMENT OF TEMPORARY JUDGE
12.24 SUBMISSION OF STIPULATION
12.25 REPRESENTATIONS BY THE STIPULATING PARTIES
12.26 APPLICATION OF TRIAL COURT DELAY REDUCTION RULES TO PROCEEDINGS BEFORE TEMPORARY JUDGES
12.27 DEADLINE FOR COMPLETION OF PROCEEDINGS BEFORE TEMPORARY JUDGE
12.28 USE OF PUBLIC FACILITIES
12.29 EXHIBITS
12.30 FILING OF ORIGINAL PAPERS AND ORDERS OF TEMPORARY JUDGE
RULES APPLICABLE TO REFERENCES BY AGREEMENT
12.31 REFERENCE SUBJECT TO APPROVAL BY COURT
12.32 ISSUES TO BE SPECIFIED
12.33 DEADLINE FOR COMPLETION OF REFERENCE
EARLY MANDATORY MEDIATION PILOT PROGRAM
12.34 APPLICATION
12.35 EARLY MEDIATION STATUS CONFERENCE
12.36 MEDIATORS
12.37 MEDIATION REPORT
RULES APPLICABLE TO BOTH ARBITRATION AND MEDIATION
12.38 APPLICATION
12.39 ELIGIBLE CASE
12.40 EVALUATORS
12.41 INITIATION OF PROCESS
12.42 SETTING TIME AND PLACE OF HEARING APPEARANCES REQUIRED
12.43 CONTINUANCES
12.44 PROHIBITION AGAINST EX PARTE COMMUNICATION
12.45 WRITTEN ENE STATEMENT
(a) Time for Submission
(b) Prohibition Against Filing
(c) Content of Statement
12.46 THE PROCESS
12.47 CONFIDENTIALITY
12.48 NOTICE OF SETTLEMENT
12.49 REPORTS
12.0 APPLICABLE LAW AND RULES
This chapter covers judicial arbitration, civil action mediation, trials before temporary judges, and references by consent of the parties. Counsel should ensure compliance with all Trial Court Delay Reduction set forth in Chapter 7. It does not apply to contractual arbitration pursuant to Code of Civil Procedure section 1280 et seq.
(Rule 12.0 [1/1/95, 1st3/1/96] amended and effective 1/1/2003.)
Counsel utilizing these procedures must familiarize themselves with the applicable statutes and California Rules of Court. For judicial arbitration such provisions are Code of Civil Procedure sections 1141.10 to 1141.31 and California Rules of Court, Rules 3.810 to 3.829 plus Rule 7.9(b)(2) of these Rules; for mediation such provisions are Code of Civil Procedure section 1775 through section 1775.16 and California Rules of Court, Rules 3.870 through 3.878; for trials before temporary judges such provisions are Article VI, Section 21 of the California Constitution and California Rules of Court, rule 2.831; for references by consent of the parties such provisions are Code of Civil Procedure section 638 and California Rules of Court, rule 3.900 et seq.
(Rule 12.0 [1/1/95, 3/1/96] 2nd ¶ amended and effective 1/1/08.)
As provided by Rule 3.811 of the California Rules of Court, the following actions are exempt from ADR:
a. Actions that include a prayer for equitable relief that is not frivolous or insubstantial.
b. Class actions.
c. Small Claims actions or trial de novo on appeal.
d. Unlawful Detainer proceedings.
e. Any action found by the Court to be not amenable to arbitration or mediation on the ground that arbitration or mediation would not reduce the probable time and expense necessary to resolve the litigation will be exempt from mediation or arbitration. Upon its own motion or by any party, the Court may determine whether the action is or should be exempt from arbitration or mediation.
In addition to those actions exempted from arbitration by Rule 3.811 or any action exempted from arbitration or mediation by Rule 3.735 of the California Rules of Court all limited civil cases in which no jury trial is demanded and the estimated time for trial is less than three days (15 hours judicial hearing time), shall be excluded from mandatory arbitration or mediation. Any case, however, may be arbitrated or mediated upon written stipulation of the parties, upon written request of the plaintiff, or upon order of the Court. When no preference is expressed by litigants or there is no consensus to the selected ADR process, mandatory referral to mediation will be made.
(Rule 12.0, 4th, & 5th ¶¶ numbered "e." 3/1/01, 1/1/03, 7/1/03] amended and effective 1/1/08.)
f. Pursuant to Code of Civil Procedure section 1775.4, an action ordered into arbitration may not be ordered into mediation and an action that has beenordered into mediation may not be ordered into arbitration. If an action has previously been referred to the Court ADR program and an ADR hearing was scheduled, the action cannot be ordered/referred again.
(Rule 12.0"f." added and effective 1/1/03.)
g. Pursuant to California Rules of Court, rule 3.720 et seq., a short cause action is exempted from ADR.
(Rule 12.0"g." [added 1/1/03] amended and effective 1/1/08.)
(Rule 12.0 [1/1/95, 3/1/96, 3/1/2001, 1/1/03, 7/1/03] amended and effective 1/1/08.)
RULES APPLICABLE TO BOTH ARBITRATION AND MEDIATION
12.1 ADR ADMINISTRATOR
Management of Superior Court judicial arbitration and mediation is conducted generally under the supervision of the ADR Administrator, who is appointed by the Presiding Judge of the Court. The administrator’s principal office is located in the Central District Courthouse, Room 113. The administrator also maintains offices in each district courthouse. A representative of the administrator, designated as ADR Clerk, is found in each such district.
(Rule 12.1 [1/1/95, 11/01/00, 1/01/2001] renamed, amended and effective 1/1/2003.)
12.2 ADR ORDERS AND FURTHER STATUS CONFERENCE
The Court shall determine on a case-by-case basis the suitability of a particular case for mediation or arbitration. The Court shall confer with counsel as to whether mediation or arbitration offers the better likelihood of final disposition of the case without further proceedings. Counsel are encouraged to discuss the various ADR processes with their clients and explain the confidentiality and non-binding nature of the selected ADR process. Whenever the Court orders arbitration or mediation, it will set the dates for completion of such arbitration or mediation and a further status conference following such completion dates.
(Rule 12.2 [1/1/95] title & text amended and effective 1/1/2003.)
12.3 SELECTION OF ADR NEUTRAL
When a case is referred to arbitration or mediation, counsel shall proceed immediately to the ADR Administrator's office to complete the ADR forms prior to selecting an arbitrator or mediator from the Court's panel. The ADR Administrator shall maintain a panel of arbitrators and mediators which shall be composed of active members of the State Bar and retired judges of courts of record, and in addition shall include lay mediators. In the event the parties exercise their right to select an arbitrator or mediator who is not on the Court's panel (Cal. Rules of Court, rules 3.812, 3.873), it shall be the responsibility of plaintiff's counsel to immediately notify the ADR Office that the parties will not require the services of the arbitrator or mediator previously selected from the Court's panel. The arbitrator or mediator's name will be returned to the Court ADR active panel.
(Rule 12.3, 1st ¶ [1/1/95, 1/1/2001, 1/1/2003] amended and effective 1/1/08.)
Pursuant to California Rules of Court, rule 3.815, the ADR Office in limited civil cases will randomly assign an arbitrator or mediator.
(Rule 12.3, 2nd ¶ [added 3/1/2001] amended and effective 1/1/08.)
(Rule 12.3 [1/1/95, 1/1/2001, 3/1/2001, 1/1/2003] amended and effective 1/1/08.)
12.4 ADR REPORTS
(a) Reports To Be Filed. In arbitrated cases, the arbitrator shall file with the ADR clerk and serve on each party the Award of Arbitration within five court days after the arbitration hearing. In mediated cases, the mediator shall file with the ADR clerk, and serve on the other parties and on the ADR Administrator, within ten days after the completion date for the mediation set by the Court, a Statement of Agreement or Non-Agreement (Judicial Council Form 100). When a case is referred to ADR without an appearance, plaintiff or plaintiff’s counsel must contact the ADR Office to initiate the ADR process. Upon completion of the ADR forms, selection from the Court ADR panel will be made.
(Rule 12.4(a) [7/1/97, 1/1/2001] amended and effective 1/1/2003.)
(b) Information Form. In both mediated and arbitrated cases, within ten (10) days after completion of the arbitration or mediation, the parties shall complete and file with the ADR Administrator’s office an ADR Information Form (Judicial Council Form 101) or follow-up survey form approved by the Administrative Office of the Courts.
(Rule 12.4 [1/1/95, 7/1/97, 1/1/2001] amended and effective 1/1/2003.)
12.5 NOTICE OF SETTLEMENT
Reference California Rules of Court, rule 3.1385. If a case is settled, plaintiff or the plaintiff's counsel must immediately serve a copy of written notice of the settlement or other disposition on any ADR Neutral involved in the case and the ADR Clerk. The plaintiff must also immediately give oral notice to all of the above if a hearing, conference, or trial is imminent. If the plaintiff or other party seeking affirmative relief does not notify the court-connected ADR neutral involved in the case of a settlement at least 2 days before a scheduled hearing or session, the court may order the party to compensate the neutral. The amount of compensation may not be less than $150 and may not exceed $450.
The Application and Motion for Compensation must be filed by the neutral within 5 court days of the scheduled hearing or session. If a dismissal has been filed, the court maintains jurisdiction to hear the Application and Motion for Compensation.
(Rule 12.5 [1/1/95, 1/1/98] title amended, old text repealed, new text added 1/1/2003, 1/1/05] amended and effective 1/1/08.)
12.6 (RESERVED)
(Rule 12.6 VACANCY AND CHALLENGE OF ADR NEUTRAL [1/1/95, 1/1/2001, 1/1/2003] REPEALED and effective 1/1/08.)
RULES APPLICABLE TO ARBITRATION
12.7 INITIATION OF ARBITRATION
Arbitration can be initiated by court order at any time after the filing of the complaint and before the first case management conference in any of three ways: (a) Upon timely written election of the plaintiff, where the plaintiff agrees that the award per plaintiff shall not exceed $50,000; (b) Upon timely stipulation of the parties, the stipulation need not designate the upper limit of the potential award and any amount in controversy may be submitted; (c) Where the judge determines the controversy is amenable to arbitration pursuant to Code of Civil Procedure section 1141.10 et seq. Except where the case is in arbitration per (a) above, the arbitrator’s award is not limited to $50,000 but may be for any amount.
(Rule 12.7 [1/1/95, 3/1/96] amended and effective 1/1/2003.)
12.8 WITHDRAWAL FROM ARBITRATION
A case submitted to arbitration may only be withdrawn before hearing by stipulation and court order or court order on noticed motion heard in the department where the case is pending.
(Rule 12.8 effective 1/1/95.)
12.9 PRE-HEARING CONFERENCE
If the arbitrator finds it helpful to confer with the attorneys informally before the hearing begins, a pre-hearing conference should be convened. Attendees at such hearing should be prepared to discuss: (1) time estimate for hearing, (2) documentary evidence to be offered, (3) stipulations, (4) issues to be determined, and (5) depositions to be used. This conference may be conducted by telephone if deemed appropriate by the arbitrator.
(Rule 12.9 effective 1/1/95.)
12.10 SETTING TIME AND PLACE OF ARBITRATION HEARING APPEARANCES REQUIRED
Consistent with California Rules of Court, rule 3.821, the Arbitrator shall set the time and place for the hearing after consultation with counsel for the parties. However, the arbitrator must ensure that the time for the hearing is set so as to allow the completion of the arbitration by the date ordered by the Court. Normally the arbitration should be held at the offices of the arbitrator. However, in appropriate circumstances the arbitrator may order that the hearing be held at the offices of one of the parties' counsel.
Appearance by counsel, or party if not represented by counsel, is required at the arbitration session. Non-appearance of counsel or party shall subject counsel or party, after notice and an opportunity to be heard, to monetary sanctions, including, but not limited to, suitable compensation to the arbitrator and to the parties who did appear at the arbitration, plus attorney's fees to make the request for sanctions.
(Rule 12.10 [1/1/95, 1/1/98] amended and effective 1/1/08.)
12.11 CONTINUANCE OF HEARING
The parties may stipulate to a continuance of the hearing as provided for in California Rules of Court, rule 3.817. In addition, on the arbitrator's own motion, the arbitration may be continued provided that the continuance granted shall not at any one time exceed 20 days. In no event shall the hearing be continued beyond the date ordered by the Court for completion of the arbitration except by order of the Court.
(Rule 12.11 [1/1/95] amended and effective 1/1/08.)
12.12 INTERPRETERS
Any party wishing an interpreter shall notify the ADR Clerk, all other parties and the arbitrator at least ten days before the hearing date or at the pre-hearing conference whichever is earlier. In addition, unless otherwise ordered by the Court the party seeking the use of the interpreter shall make all arrangements directly with the interpreter and shall assume the costs of the service.
(Rule 12.12 [1/1/95, 1/1/2001] amended and effective 1/1/2003.)
12.13 DESIGNATION OF PARTIES AND AMOUNTS IN AWARD
Consistent with California Rules of Court, rule 3.825, the arbitrator's award must be filed on or before the completion date set by the Court.
(Rule 12.13 [1/1/95, REPEALED in part 7/1/98] amended and effective 1/1/08.)
12.14 DISPOSITION OF EXHIBITS
Documents, statements, and exhibits received in evidence during the hearing should be returned after the award to the parties who offered them. Many arbitrators request that the parties offer copies in evidence so that the arbitrator can discard them after the award has been made. No original exhibits should be destroyed by the arbitrator, since they may be required in the event of a trial de novo.
(Rule 12.14 effective 1/1/95.)
RULES APPLICABLE TO MEDIATION
MEDIATION PROCEDURES
12.15 APPEARANCES REQUIRED AT MEDIATION
The parties shall personally appear at the first mediation session, and at any subsequent session unless excused by the mediator. When the party is other than a natural person, it shall appear by a representative with authority to resolve the dispute or, in the case of a governmental entity that requires an agreement to be approved by an elected official or legislative body, by a representative with authority to recommend such an agreement. Each party is entitled to have counsel present at all mediation sessions that concern it, and such counsel and an insurance representative of a covered party also shall be present or available at such sessions, unless excused by the mediator.
(Rule 12.15 [1/1/95, 1/1/98] 2nd ¶ REPEALED and effective 1/1/2003.)
12.16 STIPULATION TO MEDIATION
At any time after the filing of the complaint and before the first case management conference, if all parties stipulate that the case be assigned to mediation, the case shall be assigned to mediation. Where parties stipulate in writing to mediation in advance of the case management conference upon completion of the required ADR forms, a mediator may be randomly selected from the Court ADR panel (see LASCR, Rule 12.3) either by personal appearance of counsel at the ADR Office, or by phone. In the alternative, the parties may use a mediator of their own selection not on the Court’s panel.
(Rule 12.16 [1/1/95, 1/1/2001] amended and effective 1/1/2003.)
12.17 DISCOVERY DURING MEDIATION
During the period that a matter has been referred to mediation, the parties are urged to exercise restraint with respect to conducting discovery. In an appropriate case, a protective order pursuant to Code of Civil Procedure section 2017(c) and related provisions may be issued by the court.
(Rule 12.17 effective 1/1/95.)
RULES APPLICABLE TO BOTH TRIALS BEFORE TEMPORARY JUDGES AND REFERENCES BY CONSENT OF THE PARTIES
12.18 PROCEEDINGS TO BE OPEN TO THE PUBLIC
All proceedings before a temporary judge or referee shall be open to the public, with no restriction on attendance that would not be applicable if the proceedings were held in a courthouse. The stipulation for appointment of temporary judge or agreement to a reference shall set forth the name and telephone number of a person to contact to arrange for attendance at any proceeding that would be open to the public if held in a courthouse. A notice containing such name and address shall be posted by the clerk as required by California Rules of Court, rules 2.831 and 3.900 et seq.
(Rule 12.18 [3/1/96] amended and effective 1/1/08.)
12.19 COURT'S FILES TO REMAIN OPEN FOR PUBLIC'S INSPECTION
The court's files shall not be removed from the courthouse and will remain as available for public inspection as they would be if the case were being tried and the matter heard by the court.
(Rule 12.19 effective 3/1/96.)
12.20 SEALING ORDERS AND CONFIDENTIALITY AGREEMENTS
Motions for sealing orders or approval of confidentiality agreements are to be made to the presiding judge or supervising judge, not to the temporary judge or referee.
(Rule 12.20 [3/1/96] amended and effective 1/1/2003.)
12.21 HEARINGS
The scheduling of hearings before the temporary judge or referee shall be arranged by the parties directly with such temporary judge or referee, and the court shall not participate therein. Copies of all relevant documents filed in the matter shall be furnished to the temporary judge or referee by filing party.
(Rule 12.21 effective 3/1/96.)
RULES APPLICABLE TO TEMPORARY JUDGES
12.22 RESERVED
(Rule 12.22 [3/1/96] PRESCRIBED FORM FOR STIPULATION AND ORDER FOR APPOINTMENT OF TEMPORARY JUDGE REPEALED 7/1/98.)
12.23 MATTERS TO BE AGREED UPON IN ORDER TO STIPULATE TO APPOINTMENT OF TEMPORARY JUDGE
Before submitting the stipulation to the court, the parties must agree upon a privately compensated temporary judge to try the case, obtain the agreement of said temporary judge to do so and fix a date by which all proceedings within the jurisdiction of this court shall be completed.
(Rule 12.23 effective 3/1/96.)
12.24 SUBMISSION OF STIPULATION
The stipulation and proposed order for appointment of a privately compensated temporary judge shall be submitted to the courtroom of the Supervising Judge of the Civil Departments of the Los Angeles Superior Court, Department 1, at 111 No. Hill Street, Los Angeles, California, pursuant to California Rules of Court, rule 2.831.
(Rule 12.24 [3/1/96, 1/1/07] amended and effective 1/1/08.)
12.25 REPRESENTATIONS BY THE STIPULATING PARTIES
By submitting the stipulation and proposed order to the court, the stipulating parties and their attorneys represent to the court: (1) that they are the only parties to the case; (2) that no new parties will be added.
(Rule 12.25 effective 3/1/96.)
12.26 APPLICATION OF TRIAL COURT DELAY REDUCTION RULES TO PROCEEDINGS BEFORE TEMPORARY JUDGES
Upon the signing of the proposed order by the presiding judge or supervising judge, the action shall be exempt from the trial court delay reduction rules of this Court, pursuant to Local Rule 7.2(b)(7). Until such order is signed, the case remains fully subject to said rules and to all other applicable rules of this Court, and all previously ordered deadlines, hearings, and other orders made in the case remain in full force and effect.
(Rule 12.26 [3/1/96] amended and effective 1/1/2003.)
12.27 DEADLINE FOR COMPLETION OF PROCEEDINGS BEFORE TEMPORARY JUDGE
The date upon which all proceedings within the jurisdiction of this Court shall be completed, as agreed to by the parties and approved by the presiding judge or supervising judge, shall constitute an order of the Court to complete all such proceedings by said date. Said order is directed to all parties, their attorneys, and to the temporary judge. Said date shall not be extended except by order of the presiding judge or supervising judge as the case may be, and violation of said order will be sanctionable under California Rules of Court, rule 2.30.
(Rule 12.27 [3/1/96] amended and effective 1/1/08)
12.28 USE OF PUBLIC FACILITIES
The presiding judge may permit a temporary judge to use public facilities, when they are available, upon payment of a reasonable fee set by the presiding judge.
(Rule 12.28 effective 3/1/96.)
12.29 EXHIBITS
All exhibits shall be as available for public inspection as they would be if the case were being tried by the court. Upon final determination of the cause by the temporary judge, all exhibits shall be delivered to the Executive Officer/Clerk properly marked and with proper exhibit receipt form completed, unless a written stipulation for the return or disposal of such exhibits has been approved by the temporary judge and filed.
(Rule 12.29 effective 3/1/96.)
12.30 FILING OF ORIGINAL PAPERS AND ORDERS OF TEMPORARY JUDGE
All original papers are to be filed with the Executive Officer/Clerk within the same time and in the same manner as would be required if the case were being tried by the court. Signed orders of the temporary judge are to be presented for filing to the Assistant Division Chief in Room 109 of the County Courthouse if the case is pending in the Central District, and to the person designated by the supervising judge if the case is pending in another district. Minute orders will not be accepted unless they are signed by the temporary judge. If the minute order format is used, the order must set forth the name, address, telephone number, and CSR number of any privately retained court reporter or, if electronic reporting is used, the minute order shall so state.
(Rule 12.30 effective 3/1/96.)
RULES APPLICABLE TO REFERENCES BY AGREEMENT
12.31 REFERENCE SUBJECT TO APPROVAL BY COURT
A written agreement for an order directing a reference is subject to approval by the court, and the court, in its discretion, may refuse to approve the reference.
(Rule 12.31 effective 3/1/96.)
12.32 ISSUES TO BE SPECIFIED
If the issues to be referred are less than all of the issues in the case, the agreement and the proposed order shall either (1) enumerate each issue to be determined by the referee or (2) state that the referee is to decide all issues except those enumerated, which are reserved for decision by the court.
(Rule 12.32 effective 3/1/96.)
12.33 DEADLINE FOR COMPLETION OF REFERENCE
The date by which the decision of the referee shall be reported to the Court shall not be extended except by order of the Court, and all proceedings before the referee shall be scheduled and conducted in such time and in such manner that said date shall be met. Failure to complete the reference by said date shall be sanctionable under California Rules of Court, rule 2.30.
(Rule 12.33 [3/1/96, REPEALED in part 7/1/98] amended and effective 1/1/08.)
EARLY MANDATORY MEDIATION PILOT PROGRAM
12.34 APPLICATION
Los Angeles County has been selected to participate in a Mandatory Mediation Pilot Program authorized by Code of Civil Procedure section 1730 et seq. In addition to the Los Angeles Superior Court Rules 12.0, 12.1, 12.3, 12.5, 12.6, 12.15 and 12.17, the following rules apply to those cases selected by the court for inclusion in this pilot program.
In all cases assigned to participate in the pilot, mediation program information will be provided to counsel at the time of filing a new complaint. In addition, to the summons and complaint, mediation materials must be served on all parties. Filing the Certificate of Service pursuant to Los Angeles Superior Court Rules, Rule 7.12(b), will signify that the mediationinformation has been served on all defendant(s).
(Rule 12.34 [new 3/1/2001] amended and effective 1/1/08.)
12.35 EARLY MEDIATION STATUS CONFERENCE
The court may notify parties by court order that their case has been selected for inclusion in the Mandatory Mediation Pilot Program. The court may order the parties to appear at an Early Mediation Status Conference.
All parties ordered to attend an Early Mediation Status Conference (EMSC) shall serve and file an EMSC Statement no later than five (5) calendar days before the conference date. The EMSC Statement must be on a form approved by this court. The court may vacate or continue the EMSC date and excuse the parties from filing an EMSC Statement if a Stipulation to Participate in Mediation is filed by the parties within the deadline specified in the court order. The Stipulation must be on a form approved by this court.
(Rule 12.35 new and effective March 1, 2001.)
12.36 MEDIATORS
(a) The court will maintain a roster of court-approved mediators referred to as the Court ADR Panel. Mediators are required to show evidence of:
1) at least thirty (30) hours of mediator training,
2)completion of at least 8 mediations (each lasting at least two hours within the past 3 years), and
3)complete 4 hours of continuing education in an ADR course approved by a continuing education provider.
(b) All Court Mediators must:
1)Agree to abide by the court's reimbursement policy and procedure;
2)Agree to conform to the court's Standards of Professional Conduct for Mediators;
3)Comply with the court's rules and procedures for implementing the Mandatory Mediation Pilot Program, as determined by the ADR Committee and ADR Administrator.
(c) Non-Panel Mediators may be utilized, however:
1)If the parties choose to use a non-panel mediator, the judge must authorize a non-panel mediator at the time of referral and the parties shall be responsible for the mediator's compensation.
2)Non-panel mediators may request compensation from the court.
3)The court will consider each request on a case by case basis.
4)In no case will the compensation be greater than what the court would pay a panel mediator.
5)Request for court compensation shall be accompanied by a completed ADR Form 100.
(Rule 12.36 new and effective March 1, 2001.)
12.37 MEDIATION REPORT
In all cases participating in the pilot program, within 10 days after the completion of the mediation, the parties shall complete and file with the ADR Administrator an ADR Information Form.
(Rule 12.37 new and effective March 1, 2001.)
EARLY NEUTRAL EVALUATION PILOT PROGRAM
RULES 12.38 THROUGH 12.49
12.38 APPLICATION
The Superior Court of California, County of Los Angeles, received a grant from the Judicial Council to develop an Early Neutral Evaluation ("ENE") program. ENE under the court's auspices will provide the parties and their counsel, on a voluntary basis and in a confidential session, the opportunity to make summary presentations of their claims and defenses, including key evidence as developed, and receive a non-binding evaluation by an experienced neutral lawyer with subject matter expertise. The evaluator will also help identify areas of agreement, offer case-planning suggestions and, if requested by the parties, provide settlement assistance.
ENE program information will be provided to counsel at the time of filing a new complaint. The ENE materials must be served on all parties with the summons and complaint. Filing the Certificate of Service pursuant to Los Angeles Superior Court Local Rules, rule 7.12(b), will signify that the ENE information has been served on all defendant(s).
In addition to the Los Angeles Superior Court Local Rules, rule 12.1, the following rules apply to those cases in the ENE program.
(Rule 12.38 newly added 7/1/06.)
12.39 ELIGIBLE CASES
All civil cases that meet the established criteria in the departments participating in the ENE program may be eligible for ENE subject to the availability of an evaluator with the appropriate subject matter expertise. Cases with the following characteristics may be particularly appropriate for ENE:
· Counsel or the parties are far apart on their views of the law and/or value of the case;
· The case involves technical or specialized subject matter, and it is important to have a neutral with expertise in that subject;
· Communication across party lines (about merits or procedure) could be improved;
· Equitable relief is sought and the parties, with the aid of a neutral expert, might agree on the terms of an injunction or consent decree; and/or
· The parties wish to communicate with each other about the case, but are not readyto discuss settlement.
(Rule 12.39 newly added 7/1/06.)
12.40 EVALUATORS
The Court will select and maintain a panel of evaluators. Evaluators are required to have the following qualifications:
(1) A minimum of ten years legal experience,
(2) Experience with civil litigation,
(3) Demonstrated subject matter expertise,
(4) Completion of the court orientation and training program,
(5) Two references concerning the evaluator's litigation and subject matter expertise,
(6) Be a member in good standing with the State Bar, and
(7) Agree to comply with the Court's ENE procedures and other Court rules and policies.
(Rule 12.40 newly added 7/1/06.)
12.41 INITIATION OF PROCESS
ENE may not be ordered; it is available on a voluntary basis only. If the case meets the eligibility criteria, the parties may, at any time, prompt a referral to the ENE process by filing the Stipulation to Participate in ADR. (ADR - 001 form.)
Upon receipt of the Stipulation in a suitable case, the Court may refer the parties to ENE (the "ENE Referral"). When a case is referred to ENE, counsel are required to immediately complete and submit immediately to the ADR Office the required ADR forms, prior to selecting an evaluator from the Court's panel. The parties may choose from the Court's ENE Panel an available neutral evaluator with expertise in the substantive legal area of the lawsuit and no apparent conflict of interest.
Once the parties have selected an evaluator, the ADR staff will immediately send a notice of assignment to the evaluator and the parties.
(Rule 12.41 newly added 7/1/06.)
12.42 SETTING TIME AND PLACE OF HEARING APPEARANCES REQUIRED
The Evaluator shall serve the Notice of ADR Hearing on all parties and the ADR Office within fifteen (15) days of the date of the notice of assignment. Notice of any continuance or cancellation of the session must also be served on all parties and the ADR Office.
The ENE session shall be held within 90 days of the date of the notice of assignment.
The parties shall personally appear at the ENE session, unless all parties and the evaluator specifically agree otherwise before the session. When a party is other than a natural person, it shall appear by a representative who is knowledgeable about the facts of the case and has authority to resolve the dispute. In the case of a governmental entity that requires an agreement to be approved by an elected official or legislative body, that entity shall appear by a representative who is knowledgeable about the facts of the case and has authority to recommend such an agreement. Representatives of insurers with decision-making authority must attend, unless personal attendance is excused by the evaluator.
(Rule 12.42 newly added 7/1/06.)
12.43 CONTINUANCES
Requests for continuances may not exceed 20 days and may be granted only for good cause found by the evaluator. In no event shall the ENE session be continued beyond the completion date ordered by the Court except by order of the Court.
Requests for extension of the deadline for conducting an ENE session shall be made by motion filed with the Court no later than ten (10) days before the court completion date, with a copy served on the other parties, the evaluator (if appointed), and the ADR Office. The motion shall detail the considerations that support the request, indicate whether the other parties concur in or object to the request, and propose a new deadline by which the ENE session shall be held.
(Rule 12.43 newly added 7/1/06.)
12.44 PROHIBITION AGAINST EX PARTE COMMUNICATION
Unless otherwise agreed to by the parties, counsel, and evaluator, and except with respect to scheduling matters, there should be no ex parte communication between parties or counsel and the evaluator until after the evaluator has committed his or her evaluation to a writing or all the parties have agreed that ex parte communications with the evaluator may occur.
(Rule 12.44 newly added 7/1/06.)
12.45 WRITTEN ENE STATEMENTS
(a) Time for Submission. No later than 7 days before the ENE session, each party shall submit directly to the evaluator, and shall serve on all other parties, a written ENE Statement.
(b) Prohibition Against Filing. The statements shall not be filed and the Court shall not have access to them.
(c) Content of Statement. The statements may be in any format (pleading, letter, outline) as long as they are clear and concise. The statements should include, but are not limited to, the following:
(1) Identification of participants, by name and title or status:
a) Person(s) with decision-making authority who, in addition to counsel, will attend the ENE session as representative(s) of the party; and
b) Person(s) connected with a party opponent (including an insurer representative) whose presence might substantially improve the utility of the ENE session or the prospects for settlement.
(2) Required information:
· A brief statement of the facts of the case.
· Description of what plaintiff must prove in order to prevail and how plaintiff intends to make such proof.
· Description of what defendant must prove and how defendant intends to make such proof.
· Statement of the types and amounts of damages claimed.
· Description of any discovery or evidentiary problems or related claims that may have an effect on the case.
(3) The parties should address whether there are legal or factual issues whose early resolution would reduce significantly the scope of the dispute.
(4) The parties should attach highlighted copies of relevant documents the availability of which would materially advance the purposes of the evaluation session (e.g., accident reports, medical reports, invoices evidencing special damages, dispositive motions and rulings, if any, etc.).
(Rule 12.45 newly added 7/1/06.)
12.46 THE PROCESS
The evaluator, an experienced attorney with expertise in the subject matter of the case, will convene an informal meeting of clients and counsel. At the informal meeting, the following occurs:
(a) Each side - through counsel, clients or witnesses - will present evidence and argument supporting its case (without regard to rules of evidence and without direct or cross-examination of witnesses).
(b) After the initial presentations, the evaluator may ask questions and raise issues. Thereafter, each side may present a responsive presentation. This process does not preclude an evaluator from asking questions during a party's presentation in the interests of clarity and efficiency.
(c) Following the presentations and questioning by the evaluator, the evaluator will identify areas of agreement and disagreement, clarify and focus the issues, and encourage the parties to enter procedural and substantive stipulations.
(d) The evaluator is required to prepare an evaluation, outside the presence of the parties, which may include:
1) an estimate, where feasible, of the likelihood of liability and the dollar range of damages, if any;
2) an assessment of the relative strengths and weaknesses of each party's case; and
3) the reasoning that supports these assessments.
(e) The evaluator should offer to present the evaluation to the parties, who may then ask either to:
1) hear the evaluation (which must be presented if any party so requests), or
2) conduct focused discovery or make additional disclosures, or
3) postpone hearing the evaluation in order to engage in settlement discussions facilitated by the evaluator, which may be conducted in separate meetings with each side.
Note: Such settlement discussions do not constitute mediation under the Court ADR Program.
(f) If settlement discussions do not occur or do not resolve the case, the evaluator may:
1) help the parties devise a plan for sharing additional information and/or conducting the key discovery that will expeditiously equip the parties to enter meaningful settlement discussions or position the case for disposition by motion or trial;
2) help the parties to realistically assess litigation costs; and/or
3) determine whether some form of follow-up to the ENE would contribute to case development or settlement.
(Rule 12.46 newly added 7/1/06.)
12.47 CONFIDENTIALITY
Except as provided below, court-sponsored ENE shall be confidential and subject to the mediation privilege set forth in Evidence Code sections 703.5 and 1115-1128. Except as provided below, no communications made in connection with ENE, including the evaluation, may be disclosed to the assigned judge or to anyone else not involved in the ENE, unless otherwise agreed to by all parties.
This rule does not prohibit:
(1) disclosures as may be stipulated by all parties and the evaluator;
(2) a report to or inquiry by the ADR Administrator concerning a complaint against an evaluator;
(3) the evaluator from discussing the ENE session with the court's ADR staff, who shall maintain the confidentiality of the ENE session;
(4) any participant or the evaluator from responding to an appropriate request for information made by persons authorized by the ADR Department to monitor or evaluate the court's ADR program;
(5) disclosures as are otherwise required by law.
The evaluator shall require the parties and all persons attending the ENE session to sign a confidentiality agreement on a form provided by the Court.
(Rule 12.47 newly added 7/1/06.)
12.48 NOTICE OF SETTLEMENT
If a case is settled, plaintiff's counsel or plaintiff if self-represented must immediately serve a copy of written notice of the settlement on the evaluator involved in the case and the referring court department and the ADR clerk. If the plaintiff or other party seeking affirmative relief does not notify the evaluator of a settlement at least 2 days before a scheduled ENE session, the court may order the party to compensate the evaluator. The amount of compensation may not be less that $150 and may not exceed $450.
(Rule 12.48 newly added 7/1/06.)
12.49 REPORTS
Within ten (10) days after the ENE session, the evaluator shall return to the ADR Office the following:
(1) ADR Session Attendance Form;
(2) Questionnaire for ENE Evaluators; and
(3) ADR Outcome Form, indicating the date of the session, whether any follow up is scheduled, whether the case settled, partially settled or did not settle.
(Rule 12.49 newly added 7/1/06.)
Chapter 13 Adoptions And Related Matters
13.0 This chapter supercedes the Adoptions Procedures manual which is hereby repealed.
13.1 AGENCY ADOPTIONS
(a) Reference Family Code section 8700 et seq., Chapter 2, Part 2, Div. 13
(b) Filing Petition
(c) Petition & Supporting Papers
(d) Joinder by Agency
(e) Reports by Agency
(f) Hearing
13.2 INDEPENDENT ADOPTIONS
(a) Reference Family Code section 8800 et seq., Chap. 3, Part 2, Div. 13
(b) Filing Petition
(c) Petition & Supporting Papers
(d) Reports by Agency
(e) Hearing
13.3 STEPPARENT ADOPTIONS
(a) Reference Family Code section 9000 et seq., Chap. 5, Part 2, Div. 13
(b) Filing Petition
(c) Petition and Supporting Papers
(d) Reports by Designated Agency
(e) Hearing
13.4 ADULT AND MARRIED MINORS ADOPTIONS
(a) Reference Family Code section 9300 et seq., Part 3, Div. 13
(b) Filing Petition
(c) Petition and Supporting Papers
(d) Report by Designated Agency
(e) Hearing
13.5 INTERCOUNTRY ADOPTIONS
(a) Reference Family Code section 8900 et seq., Chap. 4, Part 2, Div. 13
(b) Filing Petition
(c) Petition & Supporting Papers
(d) Joinder by Agency
(e) Reports by Agency
(f) Hearing
13.6 PETITION TO DETERMINE PARENT AND CHILD RELATIONSHIP
(a) Reference Family Code section 7630 et seq., Chap. 4, Part 3, Div. 12
(b) Petition and Supporting Papers
(c) Hearing
13.7 PETITION TO TERMINATE PARENTAL RIGHTS IN ADOPTION PROCEEDINGS
(a) Reference Family Code section 7660 et seq., Chap. 5, Part 3, Div. 12
(b) Petition and Supporting Papers
(c) Hearing
13.8 PETITION FOR FREEDOM FROM CUSTODY AND CONTROL
(a) Reference Family Code section 7800 et seq., Part 4, Div. 12
(b) Petition and Supporting Papers
(c) Citation
(d) Hearing
APPENDIX A
Forms are available at the Children's Court, Adoption Unit
Address: 201 Centre Plaza Drive, Room 2100, Monterey Park, Ca 91754
13.0 This chapter supercedes the Adoptions Procedures manual which is hereby repealed
(Rule 13.0 effective 1/1/96.)
13.1 AGENCY ADOPTIONS
(a) Reference Family Code section 8700 et seq., Chapter 2, Part 2, Div.13 .
(b) Filing Petition. Adoption cases shall be filed and heard at the Children's Court House, 201 Centre Plaza Drive, Monterey Park, CA 91754-2158; except that, uncontested adoption cases may be filed and heard in the district court where the petitioner resides.
(c) Petition & Supporting Papers. A verified petition shall be filed to commence the proceedings. (See, Appendix A, Form 1.) The required Accounting Report (see, Form 3), Consent and Agreement (see, Form 4), and Decree of Adoption (see, Form 5) shall also be filed by petitioner. At the Children's Court, the papers are to be filed in Room 2100. In other districts, the papers are to be filed as directed by the Supervising Judge.
(d) Joinder by Agency. Petitioner shall arrange with the agency involved for the necessary joinder.
(e) Reports by Agency. Petitioner shall arrange with the applicable agency to obtain and provide the applicable case information in order for the agency to file the necessary reports, documents and consent (see App. A, Form 6) to facilitate the adoption.
(f) Hearing. After the agency report is served and filed, petitioner shall file a Request to Set Hearing (see, Form 2). At the Children's Court agency adoptions are heard in Department 421; Ward of Court adoptions are heard in Department 413. Hearings in other districts shall be set as directed by the Supervising Judge. Notice of the hearing will be mailed by the Clerk of the Court.
(Rule 13.1 effective 1/1/96.)
13.2 INDEPENDENT ADOPTIONS
(a) Reference Family Code section 8800 et seq., Chap. 3, Part 2, Div. 13.
(b) Filing Petition. Adoption cases shall be filed and heard at the Children's Court House, 201 Centre Plaza Drive, Monterey Park, CA 91754-2158; except that, uncontested adoption cases may be filed and heard in the district court where the petitioner resides.
(c) Petition & Supporting Papers. A verified petition shall be filed to commence the proceedings (see, App. A, Form 7). A Consent and Agreement (Form 4), and Decree of Adoption (Form 8) and copy of the adoptive placement agreement if the child has been placed for adoption shall also be filed by petitioner. At the Children's Court, the papers are to be filed in Room 2100. In other districts, the papers are to be filed as directed by the Supervising Judge.
(d) Reports by Agency. Petitioner shall arrange with the applicable agency to obtain and provide the applicable case information in order for the agency to file thenecessary reports and documents to facilitate the adoption. (See, Fam. Code, §§ 8807, 8816, 8817, 8821.)
(e) Hearing. After the applicable agency's report is served and filed, petitioner shall file a Request to Set Hearing (see, Form 2). At the Children's Court, independent adoptions are heard in Department 421. Hearings in other districts shall be set as directed by the Supervising Judge. Notice of the hearing will be mailed by the Clerk of the Court.
(Rule 13.2 effective 1/1/96.)
13.3 STEPPARENT ADOPTIONS
(a) Reference Family Code section 9000 et seq., Chap. 5, Part 2, Div. 13.
(b) Filing Petition. Adoption cases shall be filed and heard at the Children's Court House, 201 Centre Plaza Drive, Monterey Park, CA 91754-2158; except that, uncontested adoption cases may be filed and heard in the district court where the petitioner resides.
(c) Petition and Supporting Papers. A verified petition shall be filed to commence the proceedings (see, App. A, Form 9). A Consent Agreement (Form 4), and Decree of Adoption (Form 10) shall also be filed by petitioner. At the Children's Court, the papers are to be filed in Room 2100. In other districts the papers are to be filed as directed by the Supervising Judge.
(d) Reports by Designated Agency. Reference Family Code section 9001.
(e) Hearing. After the agency report is served and filed, petitioner shall file a Request to Set Hearing (see, Form 2). At the Children's Court stepparent adoptions are heard in Department 421. Hearings in other districts shall be set as directed by the Supervising Judge. Notice of the hearing will be mailed by the Clerk of the Court.
(Rule 13.3 effective 1/1/96.)
13.4 ADULT AND MARRIED MINORS ADOPTIONS
(a) Reference Family Code section 9300 et seq., Part 3, Div. 13.
(b) Filing Petition. Adoption cases shall be filed and heard at the Children's Court House, 201 Centre Plaza Drive, Monterey Park, CA 91754-2158; except that, uncontested adoption cases may be filed and heard in the district court where the petitioner resides.
(c) Petition and Supporting Papers. A verified petition shall be filed to commence the proceedings (see, App. A, Form 11). An application to set hearing (Form 14), Consent of Spouse of Adoptee (Form 12), Consent of Spouse of Adopting Party (Form 13), Decree of Adoption (Form 15) and Agreement of Adoption (Form 16) shall also be filed. At the Children's Court, the papers are to be filed in Room 2100. In other districts, the papers are to be filed as directed by the Supervising Judge.
(d) Report by Designated Agency. Reference Family Code section 9325.
(e) Hearing. Upon the filing of the petition for adult or married minor adoptions, the clerk shall immediately set the matter for trial. Adult and married minor adoptions are heard in Department 421. Hearings in other districts shall be set as directed by the Supervising Judge. Notice of the hearing will be mailed by the Clerk of the Court.
(Rule 13.4 effective 1/1/96.)
13.5 INTERCOUNTRY ADOPTIONS
(a) Reference Family Code section 8900 et seq., Chap. 4, Part 2, Div. 13.
(b) Filing Petition. Adoption cases shall be filed and heard at the Children's Court House, 201 Centre Plaza Drive, Monterey Park, CA 91754-2158; except that, uncontested adoption cases may be filed and heard in the district court where the petitioner resides.
(c) Petition & Supporting Papers. A verified petition shall be filed to commence the proceedings. (See, Appendix A, Form 17.) A request to set hearing (see, Form 2), Accounting Report (see, Form 3), Consent and Agreement (see, Form 4), and Decree of Adoption (see, Form 18) shall also be filed by petitioner. At the Children's Court, the papers are to be filed in Room 2100. In other districts, the papers are to be filed as directed by the Supervising Judge.
(d) Joinder by Agency. Petitioner shall arrange with the agency involved for the necessary joinder by the agency.
(e) Reports by Agency. Petitioner shall arrange with the applicable agency to obtain and provide the necessary case information in order for the agency to file the necessary reports, documents and consent (see App. A, Form 6) to facilitate the adoption. (See, Fam. Code, §§ 8902, 8914, 8915.)
(f) Hearing. After the agency report[s] are served and filed, petitioner shall file a Request to Set Hearing (see, Form 2). At the Children's Court intercounty adoptions are heard in Department 421. Hearings in other districts shall be set as directed by the Supervising Judge. Notice of the hearing will be mailed by the Clerk of the Court.
(Rule 13.5 effective 1/1/96.)
13.6 PETITION TO DETERMINE PARENT AND CHILD RELATIONSHIP
(a) Reference Family Code section 7630 et seq., Chap. 4, Part 3, Div. 12.
(b) Petition and Supporting Papers. A petition to determine parental relationships may be combined with a petition to terminate parental rights (see, Rules 13.7 & 13.8). A verified petition shall be filed at the Children's Court only to commence the proceedings. The petition is to be filed in Room 2100.
(c) Hearing. Hearings on the petition are heard in Department 421. Hearings are set by the Clerk after petitioner files a Request to Set Hearing.
(Rule 13.6 effective 1/1/96.)
13.7 PETITION TO TERMINATE PARENTAL RIGHTS IN ADOPTION PROCEEDINGS
(a) Reference Family Code section 7660 et seq., Chap. 5, Part 3, Div. 12.
(b) Petition and Supporting Papers. A verified petition shall be filed at the Children's Court only to commence the proceedings (see, App. A, Form 19). The petition is to be filed in Room 2100. Each parent whose whereabout is known must be served. If unknown, an order dispensing with notice must be obtained (see, App. A, Forms 19A & 19B).
(c) Hearing. Hearings on petitions to terminate parental rights in adoption are heard in Department 421. The petition shall specify the date of the hearing consistent with Family Code, section 7669, or a notice of hearing (Form 20) shall be filed.
(Rule 13.7 effective 1/1/96.)
13.8 PETITION FOR FREEDOM FROM CUSTODY AND CONTROL
(a) Reference Family Code section 7800 et seq., Part 4, Div. 12
(b) Petition and Supporting Papers. A verified petition (Form 21) shall be filed at the Children's Court only to commence the proceeding. The petition is to be filed in Room 2100.
(c) Citation. Upon the filing of the petition the court shall issue a citation (Form 22) consistent with Family Code section 7880. If the citee after due diligence cannot be found, permission to service by publication (Form 23 & Form 24) may be requested.
(d) Hearing. The citation shall set the date, time and place of the hearing on the petition.
(Rule 13.8 effective 1/1/96.)
Chapter 14 Family Law
14.0 APPLICATION
14.1 MATTERS ASSIGNED TO FAMILY LAW DEPARTMENTS
14.2 COVER SHEET
14.3 SESSION HOURS
(a) Domestic Violence Prevention Act (Fam. Code, § 6200 et seq.) Ex parte Applications
(b) Central District Ex parte Applications
(c) Central District Orders to Show Cause
(d) District Courts
14.4 RELATED FAMILY LAW CASES
14.5 TRANSFER OF RELATED FAMILY LAW CASES
14.6 MEET AND CONFER REQUIREMENTS
14.7 CONTINUANCES
(a) Stipulated Continuances
(b) Contested Continuances
14.8 EVIDENTIARY OBJECTIONS
14.9 FINANCIAL DECLARATIONS AND SUPPORTING DOCUMENTS
14.10 EVIDENCE OF ATTORNEY'S FEES, EXPERT'S FEES AND COSTS
14.11 PREPARATION OF ORDERS AFTER HEARING
14.12 CASE MANAGEMENT PROCEEDINGS
14.13 SETTING OF CONTESTED TRIALS
14.14 MANDATORY SETTLEMENT CONFERENCES FOR LONG CAUSE TRIALS
(a) Pre-MSC Requirements
(b) Contents of the MSC Brief
14.15 TRIALS
14.16 JUDGMENT PROCEDURE
14.17 BIFURCATED STATUS ONLY JUDGMENTS
14.18 STIPULATED JUDGMENTS ON FURTHER RESERVED ISSUES
14.19 DEFAULT OR UNCONTESTED JUDGMENTS BY AFFIDAVIT
14.20 FAMILY COURT SERVICES: MEDIATION, CUSTODY EVALUATIONS AND PARENT EDUCATION
(a) Family Court Services Mediation
(b) Confidentiality of Family Court Services Proceedings
(c) Adherence to Standards and Requests for Change of Family Court Services Mediator/Evaluator
(d) Assessment of minor(s) seeking permission to marry
(e) Training
14.21 PRIVATE CHILD CUSTODY EVALUATIONS
(a) Peremptory Challenges
(b) Withdrawal From a Case
(c) Complaints Regarding Evaluators
(d) Training
(e) Private Child Custody Evaluators List
14.22 MINOR'S CONTRACT PROCEDURE
14.23 FAMILY LAW FACILITATOR'S AND FAMILY LAW INFORMATION CENTER
(a) Duties of Family Law Facilitator
14.24 PATERNITY, CHILD AND SPOUSAL SUPPORT ACTIONS
(a) Central Civil West Actions
(b) Central Courthouse and District Court Family Law Departments
14.25 DECLARATION/STATEMENT OF PROVIDER OF SUPERVISED VISITATION
(a) Compliance
(b) Sanctions
14.26 COLLABORATIVE LAW CASES
(a) Designation
(b) Contested Matters
(c) Termination
14.27 EX PARTE NOTICE, APPLICATION AND ORDERS

APPENDIX A APPENDIX B
Chapter Fourteen - Family Law
14.0 APPLICATION
All Court rules are applicable to Family Law proceedings in all districts of the Court, unless excluded by California Rules of Court or unless otherwise provided.
(Rule 14.0 adopted and effective 7/1/04.)
14.1 MATTERS ASSIGNED TO FAMILY LAW DEPARTMENTS
All matters arising under the Family Code are assigned to the Family Law Departments, except adoption, freedom from parental custody and other matters specifically assigned to other departments by these rules or order of court.
Guardianship proceedings of minors, when related to a family law department child custody proceeding, are assigned to the Family Law Departments.
(Rule 14.1 adopted and effective 7/1/04.)
14.2 COVER SHEET
The first paper filed by the petitioner in an action or proceeding shall be accompanied by a Los Angeles Superior Court Family Law Case Cover Sheet.
(Rule 14.2 adopted and effective 7/1/04.)
14.3 SESSION HOURS
(a) Domestic Violence Prevention Act (Fam. Code, § 6200 et seq.) Ex parte Applications. Ex parte applications brought under the Domestic Violence Prevention Act are heard each court day from 8:30 a.m. until 11:30 a.m., and from 1:30 p.m. until 3:30 p.m.
(Rule 14.3(a) amended and effective 1/1/08.)
(b) Central District Ex parte Applications. Ex parte applications, other than those brought under the Domestic Violence Prevention Act, shall be presented from 8:30 a.m. to 10:30 a.m. Monday through Friday in the department to which the case is assigned, or to Department 2 if the case has not been assigned.
(c) Central District Orders to Show Cause. In the Central District, Orders to Show Cause are set on Mondays, Tuesdays and Wednesdays at 8:30 a.m.; trials are set on Wednesdays at 1:30 p.m. and Thursdays and Fridays at 8:30 a.m.; and motions are set on Mondays and Wednesdays at 8:45 a.m.
(d) District Courts. In Districts other than Central, counsel should contact the courtroom in which the case is assigned to determine session hours.
(Rule 14.3 [adopted 7/1/04] amended and effective 1/1/08.)
14.4 RELATED FAMILY LAW CASES
Related Family Law cases, for the purpose of this section, are Los Angeles Superior Court cases that involve the same parties, and are based on issues governed by the Family Code or by the guardianship provisions of the Probate Code. Related Family Law cases shall be assigned to the same Family Law department except as provided in Rule 14.24.
Counsel for any party and self-represented parties in such cases must promptly serve and file a notice of related cases as required by California Rules of Court, rule 3.300(a).
(Rule 14.4 [7/1/04] amended and effective 1/1/09.)
14.5 TRANSFER OF RELATED FAMILY LAW CASES
A department of this Court to which a related Family Law case is assigned may transfer such case to another Family Law department of this Court or may cause another related Family Law case to be transferred to its department. Related Family Law cases shall be transferred, except for good cause, to the department to which the lead case is assigned, according to the following guidelines.
1) The first filed marital or Registered Domestic Partnership status case (dissolution, legal separation or nullity) shall be the lead case;
2) The first filed parentage case (Uniform Parentage Act) shall be the lead case when there is no marital status case.
3) Government parentage and support cases may be related to other Family Law cases pursuant to Rule 14.24.
4) The first filed action for exclusive custody (Fam. Code, § 3120) shall be the lead case when there is no marital status or parentage case.
5) A Domestic Violence Protection Act (DVPA) case shall not be the lead case over any other type of Family Law case. The first filed pending DVPA case shall be the lead case. An application for a DVPA temporary restraining order shall be assigned as provided in Rule 2.0(c). However, unless good cause is shown, the hearing on the DVPA restraining order shall be set in the department which has been assigned the lead case.
A department assigned related cases may consolidate or dismiss any such cases as provided by law.
(Rule 14.5 [7/1/04] amended and effective 1/1/09.)
14.6 MEET AND CONFER REQUIREMENTS
Once papers have been filed in response to an Order to Show Cause, a moving party's counsel or self-represented party shall contact the opposing counsel or self-represented party in advance of the hearing to meet, confer, and ascertain whether issues can be settled without a contested hearing. When a party fails to meet or confer, the Court may consider such failure when making an award of attorney's fees and/or sanctions. This rule does not apply to domestic violence matters, unless both parties are represented.
(Rule 14.6 adopted and effective 7/1/04.)
14.7 CONTINUANCES
(a) Stipulated Continuances. If counsel or self-represented parties stipulate to a continuance of a notice of motion or order to show cause, the party or attorney seeking the continuance shall personally inform the courtroom clerk as soon as possible, and in any event, no later than 3:00 p.m., the court day preceding the hearing, and obtain a new hearing date from the clerk. A continuance will not be granted by telephone unless the requesting attorney or self-represented party states that he/she has spoken to opposing counsel, and that opposing counsel or self-represented party has agreed to the continuance and states the number of previous continuances of the motion or order to show cause. Only two continuances may be granted based upon an agreement between counsel orunrepresented parties. Further continuances may be granted only upon appearance of counsel or party and a showing of good cause. No continuance shall be granted on the date set for hearing except upon appearance of counsel. The Judicial Officer hearing the matter shall, in any event, have complete discretion concerning continuances, including the right to deny continuances, to rule, or to take the matter off calendar at any time, despite agreement of counsel to the contrary.
(b) Contested Continuances. Absent good cause, the Court will not consider a contested request for continuance of a hearing, unless the requesting party has previously tried to obtain a stipulation for a continuance at least two (2) days prior to the hearing.
(Rule 14.7 adopted and effective 7/1/04.)
14.8 EVIDENTIARY OBJECTIONS
Except for good cause shown, evidentiary objections to any declaration submitted in support or opposition of a motion or order to show cause, to which specific individual court rulings are requested, must be in writing and served and filed within the same time periods provided by Section 1005 of the Code of Civil Procedure, at least nine (9) court days before the hearing for objections to the moving declarations and at least five (5) court days before the hearing for objections to opposition declarations. Objections to any reply declaration shall be served and filed at least two (2) court days before the hearing. Each objection must be numbered and placed in an attached copy of the declaration after the sentence or phrase that is objected to along with the basis of the objection. Brackets must be placed around the sentence or phrase to which the objection is made. Subject to the Court's rulings on timely filed written objections, or cross-examination of the declarants if permitted by the Court, all declarations shall be considered received in evidence at the hearing. Failure to comply with the above requirements does not prohibit a party from arguing that reduced or no weight should be given any declaration or any statement contained therein.
Evidentiary objections to any declaration submitted in support of or opposition to a motion or order to show cause, oral or written, including objections on the grounds of inadmissible hearsay, conclusion and lack of foundation, for which specific individual rulings are not requested or not required may be considered by the court at any time prior to or during the hearing thereon.
(Rule 14.8 [7/1/04, 1st ¶ amended, 2nd ¶ adopted 7/1/06] 1st ¶ amended and effective 1/1/07.)
14.9 FINANCIAL DECLARATIONS AND SUPPORTING DOCUMENTS
All blanks on Financial Declarations, as defined by the California Rules of Court, must be completely filled in. If a previously filed Financial Declaration is claimed to be "current," a copy must be attached to the moving or responding papers.
In addition to the schedules and pay stubs required to be attached to the Income and Expense Declaration, parties will bring copies of State and Federal Income Tax Returns (including all supporting schedules) and all loan applications (whether or not the loan was granted) for the last two years.
(Rule 14.9 adopted and effective 7/1/04.)
14.10 EVIDENCE OF ATTORNEY'S FEES, EXPERT'S FEES AND COSTS
Any request, oral or written, for an order for payment by another party of attorney's fees and court costs in excess of $1,000, should be accompanied by a separate written fee declaration signed by the attorney or party seeking such order. A failure to submit such declaration may result in the court limiting the evidence in support of such request to the evidence that may already be before the court in the pending proceeding. Such declarations may be supplemented at the time of the hearingto update the amount of the fee or costs requests.
Fee declarations should include the services performed and costs incurred to date; the time expended; the hourly rate charged, if applicable; counsel's years in practice and years in family law practice; professional certifications; his/her best estimate of future services to be performed, costs to be incurred and the necessity therefor; each party's access to community assets; the specific amounts requested, and amounts paid by or on behalf of the party requesting fees and costs; and prior awards of fees and costs.
If expert's fees are sought, the moving party shall provide a statement setting forth the scope of the expert's assignment, including the services performed, the time expended and costs incurred to date, the estimate of future services to be performed, costs to be incurred, the specific amounts requested, and the necessity therefor.
(Rule 14.10 [7/1/04] rule title & 1st ¶ amended and effective 7/1/06.)
14.10 REQUESTS FOR ATTORNEY'S FEES, EXPERT'S FEES AND COSTS
Any request in excess of $1,000 in attorney's fees and court costs shall be accompanied by a separate written fee declaration signed by the attorney. Counsel may supplement such declarations at the time of the hearing to update the amounts of their fee or cost requests. Fee declarations should include the services performed and costs incurred to date; the time expended; the hourly rate charged, if applicable; counsel's years in practice and years in family law practice; professional certifications; his/her best estimate of future services to be performed, costs to be incurred and the necessity therefor; each party's access to community assets; the specific amounts requested, and amounts paid by or on behalf of the party requesting fees and costs; and prior awards of fees and costs.
If expert's fees are sought, the moving party shall provide a statement setting forth the scope of the expert's assignment, including the services performed, the time expended and costs incurred to date, the estimate of future services to be performed, costs to be incurred, the specific amounts requested, and the necessity therefor.
(Rule 14.10 adopted and effective 7/1/04.)
14.11 PREPARATION OF ORDERS AFTER HEARING
Unless otherwise ordered by the Court, or unless otherwise provided by the California Rules of Court, the moving party shall prepare a written order within ten (10) days following any hearing and submit it to the other party's attorney, or to the other party, if self-represented, for approval and then file it with the Court. If either party or attorney fails to prepare or approve the order, or files objections to it within ten (10) days of service, the other party or attorney may prepare and submit the order to the Court with a proof of service on the other party or attorney.
If there is a disagreement between the parties concerning the accuracy of the proposed order, either party may request the Court, by letter, to refer to the applicable portions of the hearing transcript, which shall be attached to the letter or the clerk's minutes.
All orders after hearing shall be filed in the department where the hearing was held.
(Rule 14.11 adopted and effective 7/1/04.)
14.12 CASE MANAGEMENT PROCEEDINGS
It is the intent of the Los Angeles Superior Court to manage Family Law cases in order to focus on early resolution of cases through settlement, expedite the processing of cases, and to reduce the costs of litigation.
At the first hearing calendared by a party after the response to Petition is filed, the Court may hold a status conference. At the status conference, the Court may review the progress of the case, identify unresolved issues, develop discovery plans and discuss the possibility of settlement.
At the status conference, the parties shall inform the Court of the following matters:
(1) attendance of both parties at PACT and Family Court Services Mediation;
(2) completion and service by both parties of a complete Preliminary Declaration of Disclosure;
(3) filing with the Court of a Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration;
(4) readiness of the parties to participate in mediation;
(5) appropriateness of referral to arbitration;
(6) willingness of the parties, to limit, schedule or expedite discovery and willingness without waiting for a discovery request, to provide to the opposing side, with the name and, if known, the address and telephone number of each individual likely to have discoverable information that supports the party's disclosures and a copy of, or a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody or control of the party and that supports the party's disclosures;
(7) appropriateness of implementation of case management pursuant to Family Code section 2451;
(8) willingness to stipulate to the appointment of Court experts, and to allocate the expense for the appointment, or to schedule a hearing for the appointment of Court experts and the allocation of the expenses for the experts.
At any status conference, the Court may:
(1) schedule disclosure of expert witnesses, by stipulation upon agreement;
(2) require filing of stipulations, if issues can be narrowed;
(3) set dates for further status conference, as needed but no later than every six months;
(4) set dates for other court-ordered events that are to take place before the next status conference;
(5) set the date for trial and/or settlement conferences; and
(6) take such other action, as permitted by law, which could tend to promote the just and efficient disposition of the case.
Appearance at any status conference by counsel and any self-represented party, either in person or by telephone (if approved in advance by the Court) is mandatory. Failure to appear shall result in the setting of an Order to Show Cause why sanctions should not be imposed. No appearance is required if excused by the Court, or if a judgment has been filed, or if the case has been dismissed.
(Rule 14.12 adopted and effective 7/1/04.)
14.13 SETTING OF CONTESTED TRIALS
Either party may file a Request For Trial Setting to set contested issues for trial. At the discretion of the Court, the matter may first be set for a trial setting conference. The parties or their counsel shall be notified by mail of the date and time of the trial or the status conference.
In the event that the case settles, both parties shall immediately notify the trial court, so that the trial date may be vacated.
(Rule 14.13 adopted and effective 7/1/04.)
14.14 MANDATORY SETTLEMENT CONFERENCES FOR LONG CAUSE TRIALS
A Mandatory Settlement Conference (MSC) shall be set two (2) weeks before trial, or as close to that time as the Court's calendar can accommodate, in all family law cases estimated as long cause (defined as 5 hours or more). In the Central District, the MSC shall be set in Department 2 and in other Districts the MSC will be set per District policy.
All parties and trial counsel shall appear personally at the MSC.
The Court's role is to assist parties in concluding settlement negotiations. Prior to the MSC, attorneys shall hold at least one face-to-face or telephone settlement discussion, and have made a full exchange of all pertinent information, including information required by current statutory and case law.
(a) Pre-MSC Requirements.
(1) Not less than seven (7) calendar days before the scheduled MSC, witness lists shall have been exchanged identifying all non-party, non-impeachment lay and expert witnesses to be called at trial to prove their case in chief. A brief written summary of each proposed witness' testimony shall be provided.
Failure, without good cause, to identify any such witness shall preclude calling that witness at time of trial. Failure, without good cause, timely to provide a witness list shall be sanctioned; such sanction(s) may include, but not necessarily be limited to, precluding the noncomplying party from calling any non-party, non-impeachment witness.
(2) Not less than seven (7) calendar days before the scheduled MSC, exhibit lists shall have been exchanged identifying all non-impeachment exhibits to be offered at trial to prove their case in chief. Within five (5) calendar days of receipt of the list of exhibits, the receiving party may request in writing that the offering party provide a copy of any listed exhibit(s).
Failure, without good cause, to make a timely written request for any exhibit(s) shall preclude claiming surprise at the time of trial, but shall be without prejudice to any other appropriate evidentiary objection. Failure, without good cause, to comply with a party's timely request for any listed exhibit within five (5) calendar days of receipt of such a written request shall preclude admission of any such exhibit at the time of trial. Failure, without good cause, timely to provide an exhibit list and/or to list any particular exhibit shall be sanctioned; such sanction(s) may include, but not necessarily be limited to, precluding the noncomplying party from offering any unlisted non-impeachment exhibit(s) at the time of trial.
(3) Not less than seven (7) calendar days before the MSC, the parties shall lodge with the Court the MSC Brief (copies also being concurrently served each side to the other); current Income and Expense Declarations (copies also being served concurrently each side to the other); exhibit lists; witness lists, Property Declaration (when there are community and separate property issues) and a jointly prepared Joint MSC Worksheet available in Department 2. Failure, without good cause, to comply with this provision may result in the imposition of sanctions which can include contempt, payments of money including attorney's fees and costs incurred by other parties and/or taking trial of the case off calendar.
(b) Contents of the MSC Brief.
(1) The caption of the MSC brief shall contain the times and dates of the MSC date and trial.
(2) The brief shall include all relevant statistical facts, including date of marriage, date of separation, length of marriage (in years and months) and the number and age of minor children.
(3) The MSC brief shall contain a recitation of the facts of the case followed by a brief discussion of the law on which a party relies as to each contested issue, unless otherwise set forth in a separate memorandum of points and authorities filed in the matter.
(4) Each party shall set forth specific proposals regarding child custody and child and/or spousal support. As to each support item, each party shall set forth all computations and attach all necessary forms consistent with current statutory and case law. Computer support printouts may be attached.
(5) With regard to community property assets and liabilities, each party shall prepare and submit a current, signed and dated Schedule of Assets and Debts and all necessary Continuation Declaration(s) on Judicial Council forms prescribed by current law. Unless the parties have stipulated to valuation and distribution in writing or in open Court prior to preparation of the MSC brief, or unless mutually agreed appraisals are attached and annotated to show proposed division, each party shall prepare a comprehensive inventory of all assets, real and personal, claimed by such party to be community property. The parties shall also complete a Joint Debt Worksheet and attach it to their respective MSC briefs. In all cases, values claimed by either party shall be supported by appraisals or when appropriate, their own estimates, copies of which shall be attached, unless good cause is shown why no appraisal has been obtained.
(6) If a party claims a right to reimbursement, he/she shall submit the Joint Reimbursement Worksheet setting forth the total amounts proposed to be charged to each party. Each reimbursement claim must be clearly set forth with attached applicable documentation.
(7) In each case in which an item of personal or real property or an interest therein is claimed to be separate property, and the other party has not stipulated thereto in writing or in openCourt, the following additional information shall be provided in tabular form on an exhibit entitled "Separate Property Information." This document shall include the following information: (i) the date and cost of acquisition, (ii) the encumbrances at acquisition; (iii) the title at acquisition; (iv) current value; (v) amount of present encumbrance; and how title is currently vested.
In each case in which real property or an interest therein was acquired during marriage but a separate property interest is claimed therein, the claimed interest shall be set forth, the amount thereof calculated and the formula displayed, consistent with current statutory and case law, on an exhibit entitled "Separate Property Real Property Claims."
(8) Any request for attorney's fees, expert's fees and costs shall comply with the requirements of Rule 14.10.
(Rule 14.14 adopted and effective 7/1/04.)
14.15 TRIALS
The trial date cannot be continued by stipulation (see California Rules of Court) of the parties, but may be continued at a hearing before the Court and good cause shown.
In long cause trials, at least seven (7) days before the trial date, counsel and self-represented parties shall exchange with each other and file with the Court a trial brief in the format set out in Rule 14.14(b).
In short cause trials, the Court may, at its discretion, order counsel and self-represented parties to comply with all or part of the disclosures and pleadings required for the Mandatory Settlement Conference.
For all trials when attorney's fees, expert's fees and costs are at issue, the party seeking such fees and costs will comply with Rule 14.10.
No Witness List or Exhibit List or Expert's Report may be amended or augmented after the Mandatory Settlement Conference has been concluded without first having obtained the approval of the MSC judicial officer at the MSC or the trial court, good cause having been shown.
All Exhibits set forth in the Exhibit List, that was exchanged pursuant to the MSC rules, shall be pre-marked and exchanged at least five (5) court days prior to the initial date set for hearing. No exhibits shall be allowed into evidence that have not been pre-marked and exchanged, without first having obtained the approval of the trial court and having shown good cause.
Counsel shall submit to the clerk prior to the start of trial all pre-marked exhibits together with a second "working" copy for the Court. It is preferable that all exhibits be placed in a binder, with appropriate tabs.
Counsel should read and be familiar with the Local Rules regarding Civil Trial Procedures in Chapter Eight of these rules. (Rule 14.15 adopted and effective 7/1/04.)
14.16 JUDGMENT PROCEDURE
In every case when a Judgment has been ordered by the Court to be filed, the party so ordered shall submit the proposed judgment to the other party's attorney, or to the party, if self-represented, for approval thereof and then file it with the Court. If either party or attorney fails to prepare or approve the judgment, or file objections to it within ten (10) days of service, the other party or attorney may prepare and submit the judgment to the Court with a proof of service on the other party or attorney.
The Court will set an Order to Show Cause re: Failure to Submit Judgment. If the judgment is received prior to this hearing, no appearance is necessary and the OSC will go off calendar. If the judgment is not received, sanctions may be imposed.
(Rule 14.16 adopted and effective 7/1/04.)
14.17 BIFURCATED STATUS ONLY JUDGMENTS
The parties may file a bifurcated judgment on the issue of marital status only. The box on the Judicial Council Judgment form must be checked which provides that jurisdiction is reserved over all other issues and all present orders remain in effect.
A Preliminary Declaration of Disclosure with all required attachments shall be served on the nonmoving party with the proposed judgment, unless it has been served previously and a proof of service is filed with the Court.
(Rule 14.17 adopted and effective 7/1/04.)
14.18 STIPULATED JUDGMENTS ON FURTHER RESERVED ISSUES
When all remaining issues have been resolved, a stipulation for Judgment or Further Judgment Upon Reserved Issues may be submitted to the Court without appearance. The proposed judgment shall comply with the provisions of California Rules of Court. The following forms shall be submitted:
1) Original and three (3) copies of the Judgment. The Court will retain the original and one copy;
2) If child support has been ordered, the Judgment shall be accompanied by:
a) A Stipulation to Establish or Modify Child Support and Order;
b) If appropriate, an Order/Notice to Withhold Income for Child Support;
c) If appropriate, a Stay of Service of Earnings Assignment Order;
3) An Appearance, Stipulation and Waiver, including a stipulation that the matter may be heard by a commissioner sitting as a judge pro tem;
4) Declaration Regarding Service of the Final Declaration of Disclosure. If the Declaration Regarding Final Declaration of Disclosure is waived, the waiver must be a separate waiver, not included within the Judgment;
5) Original and two (2) copies of the Notice of Entry of Judgment;
6) Two (2) self-addressed, stamped envelopes, addressed to each counsel of record or to each self-represented party.
(Rule 14.18 adopted and effective 7/1/04.)
14.19 DEFAULT OR UNCONTESTED JUDGMENTS BY AFFIDAVIT
The following forms shall be submitted to obtain a default or uncontested judgment:
1) Declaration for Default or Uncontested Dissolution;
2) Request for Default or Appearance, Stipulation and Waiver form, whichever applies;
3) Declaration Regarding Service of Declaration of Disclosure (Preliminary and/or Final, as necessary). If the Declaration Regarding Final Declaration of Disclosure is waived, the waiver must be a separate waiver, not included within the Judgment;
4) Original and three copies of the Judgment. The Court will retain the original and one copy;
5) Original and two (2) copies of the Notice of Entry of Judgment;
6) Two (2) self-addressed, stamped envelopes, with the Court's address as the return address;
    As appropriate, the following forms are also required:
    1) Current Income and Expense Declaration;
    2) Stipulation to Establish Or Modify Child Support and Order;
    3) Earnings Assignment Order;
    4) Property Declaration.
      All forms must be completely filled out. A party may not request orders in the Judgment which were not requested in the Petition.
      Unless there is a written agreement to the contrary, the following issues will require a court hearing:
      1) Request to terminate spousal support in a marriage of ten years or longer;
      2) Request for no visitation or for supervised visitation;
      3) Request for a specific amount of spousal support.
        First paper filing fees will not be required from a defaulting respondent who has signed a judgment. The signature of a defaulting party must be notarized.
        (Rule 14.19 adopted and effective 7/1/04.)
        14.20 FAMILY COURT SERVICES: MEDIATION, CUSTODY EVALUATIONS AND PARENT EDUCATION
        Family Court Services shall provide confidential mediation of custody and visitation disputes, shall conduct or coordinate court-ordered evaluations and shall provide parent education. Family Court Services staff shall facilitate the parents making their own decisions regarding the care of their children.
        (a) Family Court Services Mediation.
        1) This rule applies to all Family Law cases involving a dispute regarding child custody and/or visitation.
        2) The Family Code assigns jurisdiction over such matters to the Conciliation Court. In exercising this jurisdiction, Family Court Services shall provide the following:
        a. A mediation orientation/parent education program (known as Parents and Children Together or PACT) including but not limited to: an explanation of the mediation process and other services available through the court, educational material regarding the effects of parental separation and conflict on children, and referrals specific to domestic violence situations.
        b. Mediation session(s) focused on the resolution of the custody and/or visitation dispute.
        3) Unless otherwise specified below, parents shall attend a mediation orientation/parent education program (PACT) and a mediation session prior to appearing at an Order to Show Cause or Trial regarding the custody and/or visitation of their children, unless they resolve all issues pertaining to custody and/or visitation prior to the date of the OSC. Parents must attend the PACT program only once. An appointment for a mediation session shall be obtained prior to obtaining an Order to Show Cause or a trial date placing child custody and/or visitation at issue.
        a. Parties in cases filed under the Domestic Violence Prevention Act may attend the PACT program but are not required to do so.
        b. Failure to attend the mediation orientation/parent education program (PACT) will not preclude the Mediation Office from proceeding with a mediation session in a specific case.
        c. Failure to attend the mediation orientation/parent education program (PACT) will not preclude a judicial officer from making orders regarding a specific matter before the court.
        d. This rule and a schedule of PACT sessions shall be provided by the Clerk of the Court to the Petitioner or moving party. The Petitioner or moving party shall serve the same, along with the Petition or Order to Show Cause, on the responding party. The Clerk of the Court will not schedule a court date for an Order to Show Cause regarding custody and/or visitation until the party has scheduled a mediation appointment with Family Court Services.
        e. Each party shall receive a certificate of completion of the PACT program. It is the responsibility of each party to provide proof of completion of the PACT program upon request of the court.
        f. Sanctions may be imposed by the Court upon any party for failure to complete the PACT program or Family Court Services mediation.
        (b) Confidentiality of Family Court Services Proceedings.
        1) In any family law proceeding involving the custody or visitation of minor children, any written report or recommendation from the Child Custody Evaluation Unit of Family Court Services or from any person appointed by the Court to render a report shall be confidential and unavailable to any person except the Court (including Juvenile Court and the Department of Children's Services), the parties, their attorneys, expert witnesses, and any person to whom the Court expressly grants access by written order made with prior notice to all parties. No person who has access to a report shall disclose its contents to any child who is the subject of the report.
        a. Copies of the report shall be furnished by the court to attorneys for the parties or directly to the self-represented parties at least ten (10) days before any hearing or other action which is the subject of the report unless otherwise ordered by the Court.
        b. The name and address of any party who becomes delinquent in payments owed the court for work performed by the Child Custody Evaluations Office and the amount owed may be released to a collections agency of the court's choosing for the sole purpose of collecting the debt owed the court.
        c. Nothing in this section shall prevent an evaluator from disclosing the existence of another court case involving the children at issue or their parents, stepparents, or legal guardians for purposes of coordinating court hearings and delivery of services.
        2) Except as provided here, it is the policy of the Los Angeles Superior Court that all Conciliation Court marriage counseling and family mediation services be confidential. Such confidentiality is essential to the effective functioning of the Conciliation Court.
        a. Family Court Services Staff shall not disclose information to persons other than participants and their counsel, or produce records in violation of this policy. No Family Court Services staff person, party, counsel, or participant shall be compelled to testify concerning any information acquired--including, but not limited to, communications or observations made in connection with the provision of Conciliation Court services.
        b. Exceptions:
        i. Nothing in this section shall restrict any person from reporting or serving as a witness where a crime has been committed, or is alleged to have been committed, in his or her presence;
        ii. Nothing in this section shall restrict Family Court Services staff from complying with any law requiring reporting of child abuse and the fact that such a report was made or exists shall not be deemed confidential;
        iii. Nothing in this section shall restrict Family Court Services staff from complying with the requirements of Tarasoff v. The Regents of the University of California, 17 Cal.3d 425 (1976);
        iv. The fact that a Family Court Services mediation session took place, the time and place of that session, and the identities of participants shall not be deemed confidential;
        v. The fact that an agreement was or was not reached and the contents of any signed stipulation and order resulting from a Conciliation Court session shall not be deemed confidential;
        vi. Nothing in this section shall prevent a Family Court Services mediator from recommending that a matter be referred for a child custody evaluation, or that an attorney be appointed for a child or children;
        vii. Nothing in this section shall prevent the Family Court Services mediator from meeting with the judicial officer hearing a contested custody matter in an in-chambers conference with both attorneys and the parties when the parties themselves have both requested and consented to such a conference following the parents having completed the mediation process.
        viii. Nothing in this section shall prevent a mediator from disclosing the existence of another court case involving the children at issue or their parents, stepparents, or legal guardians for purposes of coordinating court hearings and delivery of services.
        (c) Adherence to Standards and Requests for Change of Family Court Services Mediator/Evaluator.
        1) Mediator: Requests for a change of mediator shall be addressed to a Supervisor, Family Court Services. If the request for change is not satisfactorily resolved, it may then be brought to the attention of the Division Chief, Family Court Services. The request will be granted only upon a showing of good cause.
        2) Evaluator: After a stipulation has been filed appointing the Superior Court's Child Custody Evaluations Office and an evaluator has been assigned, each side is permitted one peremptory challenge to the evaluator assigned within five (5) court days of receiving the written notification of the assignment. Challenges for cause may be made at any point in the process through the Administrator of Family Court Services. An evaluator appointed to perform a Solution Focused Evaluation can only be challenged for cause.
        3) Good cause may include, but not be limited to, a showing that the mediator or evaluator is personally acquainted with a party or has a conflict of interest or appearance thereof with one of the parties or attorneys, or is otherwise unable to perform his or her duties in a fair and impartial manner.
        4) Complaints: Complaints about Family Court Services mediators and evaluators shall be addressed in writing to the Administrator, Family Court Services. A supervisor will review the complaint and the case file and discuss the matter with the individual mediator or evaluator who is the subject of the complaint. A written response will be sent to the person filing the complaint. If either the complainant or the mediator or evaluator is not satisfied with the action taken in connection with the complaint, it may be brought to the attention of the Manager. If appropriate, corrective and/or disciplinary action will be taken with the individual staff person involved.
        5) Standards of Practice: It is the responsibility of the court to assure that mediators and evaluators adhere to the Standards of Practice as set forth in the California Rules of Court, Chapter 5. The quality of service is monitored on an on-going basis by: (1) Regular training and clinical supervision of Family Court Services clinical staff and their work; and (2) Review sheets completed by judicial officers on child custody evaluations.
        (Rule 14.20 [7/1/04] amended, (c)6) Ex parte Communication REPEALED, and effective 1/1/07.)
        (d) Assessment of minor(s) seeking permission to marry.
        (1) Statute requires Court and parental consent for minor(s) seeking permission to marry.
        (2) Minor(s) seeking permission to marry must file with the Court an Application for Consent to Marry (FAM047) and a Parental Consent Form (FAM048).
        (3) To assist the Court in determining whether to grant the minor(s) permission to marry, the minor and his/her prospective spouse are required to meet with a Family Court Services Specialist for an assessment for consent to marry.
        (4) The Family Court Services Specialist shall provide the Court with a recommendation as to whether the application should be granted, denied, or deferred.
        (5) The recommendation to the Court is confidential and unavailable to anyone except the Court, the parties, and their attorneys and shall be placed in the confidential envelope.
        (6) The Court shall consider the application, recommendations, and such other matters it deems relevant and thereafter the Court shall issue an order to grant or deny the Application for Consent to Marry.
        (Rule 14.20(d) Assessment of minor(s) seeking permission to marry newly added and effective 1/1/09.)
        (e) Training. Family Court Services mediators and evaluators must comply with all training required by the Family Law Code or California Rules of Court, Chapter 5, and maintain proof of compliance in the central office.
        (Rule 14.20(e) [as (d) 7/1/04] renumbered and effective 1/1/09.)
        (Rule 14.20 [7/1/04, 1/1/07] amended and effective 1/1/09.)
        14.21 PRIVATE CHILD CUSTODY EVALUATIONS
        This rule is adopted in compliance with California Rules of Court:
        (a) Peremptory Challenges. When a private evaluator is appointed, other than by stipulation, each side will be permitted one peremptory challenge of a specific evaluator. The challenge must be made within ten (10) court days of the notice of appointment.
        (Rule 14.21(a) [7/1/04] amended and effective 1/1/07.)
        (b) Withdrawal From a Case. A private evaluator has the right to withdraw from a case upon a showing of good cause before the trial court that made the appointment.
        (c) Complaints Regarding Evaluators. Complaints regarding the conduct of and procedures employed by a private child custody evaluator appointed by the Court are the responsibility of the trial court judicial officer who made the appointment and the appropriate professional licensing board. The trial court judge may determine what action, if any, should be taken. In addition, if the evaluator is a member of the Court's list of private evaluators, the complaint will also be the responsibility of the list administrator per Local Rule 14.21(e)4).
        (Rule 14.21(c) [7/1/04] amended and effective 1/1/07.)
        (d) Training. A person appointed as a child custody evaluator must submit to the court a declaration indicating compliance with all applicable education, training, and experience requirements. A private child custody evaluator must complete a Declaration of Private Child Custody Evaluator Regarding Qualifications (Form FL-326) and file it with the clerk's office no later than 10 days after notification of each appointment and before any work on each child custody evaluation has begun.
        (Rule 14.21(d) [originally (e) 7/1/04] renumbered, text repealed, new text added 1/1/07.)
        (e) Private Child Custody Evaluators List.
        1) In an effort to assist litigants and their attorneys in locating mental health professionals who perform Child Custody Evaluations, the Los Angeles Superior Court has developed a list of mental health professionals who perform child custody evaluations. The Los Angeles Superior Court does not endorse any person on this list, nor are they employees of the Superior Court.
        2) The following information describes the qualifications of the mental health professionals on this list, as well as the procedures for filing complaints regarding work performed by members on the list.
        a. Qualifications and responsibilities of list members. To be included on this list, a mental health professional must:
        i. Be licensed in the State of California in one of the following areas: LCSW, MFT, clinical psychologist, or board certified psychiatrist;
        ii. Declare under penalty of perjury that he/she has performed five child custody evaluations within the last three years;
        iii. Declare under penalty of perjury that he/she has read The Standards of Practice for Court Appointed Child Custody Evaluations in the California Rules of Court and the Los Angeles Superior Court Local Rule regarding The Private Child Custody Evaluators List;
        iv. Complete any training required for child custody evaluators by statute, rule of court, or local rule;
        v. Be covered by malpractice insurance;
        vi. Not use their inclusion on this list in any advertising.
        b. List members must submit the following materials which will be made available to the public:
        i. A signed application;
        ii. A current résumé;
        iii. A copy of the applicable clinical license;
        iv. Certificates of completion of 16 hours of advanced domestic violence training and annual updates as required by Family Code section 1816 and California Rules of Court, rule 5.230;
        v. Certificates of completion of 40 hours of initial education and training and annual updates as required by California Rules of Court, rule 5.225.
        c. Upon appointment to perform an evaluation, members of the list must provide both parties with a letter describing their procedures, including a statement that any written material submitted to the evaluator must be sent to the opposing party and the final date by which written material must be submitted.
        3) Any evaluation ordered through this list must be completed and mailed within 10 weeks of receiving the appointment and required deposit, unless extenuating circumstances arise. If an extension is required, the evaluator will notify the court, both parties, and the list administrator by letter. Reasons for the extension are to be described in the letter.
        4) Challenges, Complaints, Removal from the List. The Court reserves the right to remove any name from the list upon written notification to the evaluator.
        a. Reasons for removal may include, but are not limited to the following:
        i. Failure to maintain a clinical license in good standing;
        ii. Failure to remain current on training mandated by statute, California Rules of Court, and/or Los Angeles Superior Court Local Rule;
        iii. Submission of work that does not meet the standard of practice for court appointed evaluator;
        iv. Failure to submit work in a timely fashion;
        v. Consistent refusal to accept court referrals.
        b. Complaints regarding the content of the evaluation report or the conclusions reached by the evaluator should be made at the time of trial to the trial court hearing the custody matter.
        c. Complaints regarding the ethical conduct of the evaluator should be made to the appropriate licensing board.
        d. Complaints regarding the procedures used by the evaluator should be addressed in writing to the list administrator. Copies of such complaints will be sent to the evaluator who is the subject of the complaint. All such complaints will be reviewed by the list administrator and answered in writing.
        e. Serious complaints regarding the procedures used by an evaluator will be reviewed by a committee appointed by the Supervising Judge of the Family Law Departments. The committee shall consist of the list administrator, a Family Law Judicial Officer, a court-employed evaluator, and may also include a private evaluator and any other person appointed by the Supervising Judge. The committee will review the complaint with the evaluator. If the committeedecides to remove the evaluator from the list, the evaluator will be notified in writing that he/she is being removed from the list. The decision of the committee shall be final and not subject to further review. In reviewing complaints, the members of the committee are persons performing quasi-judicialfunctions, and presiding at quasi-judicial proceedings within the meaning of Evidence Code section 703.5. The records and information in the possession of the committee regarding evaluators is official information acquired in confidence by public employees in the course of their duties, and not open, or officially disclosed to the public within the meaning of both subdivisions (b)(1) and (b)(2) of Evidence Code section 1040.
        5) Upon request, disclose any significant personal or professional relationship the evaluator has or has had with a party, attorney, or law firm in the instant case, including the number and nature of any services in the past 24 months in which the evaluator has been privately compensated by a party, attorney, or law firm in the instant case. The services may include, but are not limited to, services provided as an expert witness, consultant, evaluator, special master, mediator, or therapist.
        (Rule 14.21 [originally (f) 7/1/04, (f)4)e. 1/1/05] renumbered as (e), amended and effective 1/1/07.)
        (Rule 14.21 [adopted 7/1/04, 1/1/05] amended and effective 1/1/07.)
        14.22 MINOR'S CONTRACT PROCEDURE
        All petitions for the confirmation of Minor's Contracts under Family Code section 6700 et seq. shall be filed in Department 2. All such petitions shall have attached as exhibits the underlying contract for which confirmation is sought. The petition shall be accompanied by a proposed order.
        Department 2 shall have continuing jurisdiction over these petitions and the funds blocked under orders issued until the funds are released. Petitions to amend prior orders or to switch investments or banks shall be supported by adequate declarations setting forth the reason and necessity of the requested actions.
        All orders issued for the setting up of a blocked account or accounts shall require that the paying entity, through its counsel, set forth in a declaration under penalty of perjury that the funds are being deposited into an account that has been blocked pursuant to Court order. Such a declaration shall state that the initial deposit made into the ordered blocked account was accompanied by a copy of the order issued by this Court and a cover letter identifying the minor, the account number, the trustee, and that the deposit and account are blocked pursuant to Court order.
        Applications for release of funds to the minor after reaching majority shall be accompanied by proof that the minor has reached the age of eighteen or is emancipated.
        The Court shall assess a fee for processing applications for release of funds from blocked minors accounts.
        (Rule 14.22 adopted and effective 7/1/04.)
        14.23 FAMILY LAW FACILITATOR'S AND FAMILY LAW INFORMATION CENTER
        (a) Duties of Family Law Facilitator. Pursuant to the provisions of Family Code section 10005(a), duties of the Family Law Facilitator shall include the following:
        1) Meeting with litigants to mediate issues of child support, spousal support, and maintenance of health insurance, subject to Section 10012 of the Family Code. Actions in which one or both of the parties are unrepresented by counsel shall have priority;
        2) Drafting stipulations to include all issues agreed to by the parties, which may include issues other than those specified in Section 10003;
        3) If the parties are unable to resolve issues with the assistance of the Family Law Facilitator, prior to or at the hearing, and at the request of the Court, the Family Law Facilitator shall review the paperwork, examine documents, prepare support schedules, and advise the judicial officer whether or not the matter is ready to proceed;
        4) Preparing formal orders consistent with the Court's announced order in cases where both parties are unrepresented.
        (Rule 14.23 adopted and effective 7/1/04.)
        14.24 PATERNITY, CHILD AND SPOUSAL SUPPORT ACTIONS
        (a) Central Civil West Actions. The following actions shall be heard at Central Civil West, as follows:
        1) Actions filed by the Child Support Services Department (CSSD) pursuant to the Family Code for an order to establish paternity and/or child support, modify child support, obtain retroactive child support or enforce a child, spousal or family support order;
        2) Actions filed, other than by the CSSD, involving only the modification or enforcement of a child, spousal or family support order or for the determination or collection of arrears in which the CSSD has made an appearance or is enforcing the child, spousal or family support order;
        3) Upon proper notice, parties with matters pending in the Central Courthouse or District Family Law Departments may request transfer of the above actions to the Central or District Court.
        (Rule 14.24(a) [7/1/04] amended and effective 1/1/09.)
        (b) Central Courthouse and District Court Family Law Departments.
        The following actions shall be heard in the Family Law Departments of the Central Courthouse and District Courts:
        1) Actions filed, other than by the CSSD, by any party pursuant to the Family Code to establish paternity or an original order for child, spousal or family support;
        2) Actions filed, other than by the CSSD, by any party pursuant to the Family Code which involve issues in addition to child, spousal or family support, such as custody, visitation, division or control of property and personal restraining order;
        3) All other actions not specified in subdivision (a) above, unless the CSSD files with the Court and serves upon the opposing party, if unrepresented or attorney of record at least fifteen (15) days prior to the scheduled court date, a written request for transfer to Central Civil West. The judge before whom the action is pending shall rule on the request for transfer and, if granted, a new hearing date at Central Civil West shall be set no later than fifteen (15) days from the date of transfer;
        4) Incorrect Location of Filing: Transfer to Central Civil West. Any action which should have been filed at Central Civil West, pursuant to subdivision (a), above, but which has been incorrectly filed in any Family Law Department in the Central Courthouse or in any District Family Law Department shall be transferred to Central Civil West. The transfer shall be initiated forthwith upon the written request by letter or FAX from the CSSD or by the Court or Clerk of the Court after the discovery of the incorrect location of the filing. A notice of the transfer, specifying the reason for the transfer, shall be mailed to all parties, if unrepresented, or attorneys of record by the Superior Court Clerk in the Central District or in the district court. The notice shall also specify the new hearing date at Central Civil West. The new hearing date at Central Civil West shall be set no later than fifteen (15) days from the date of the transfer.
        (Rule 14.24 [7/1/04] amended and effective 1/1/09.)
        14.25 DECLARATION/STATEMENT OF PROVIDER OF SUPERVISED VISITATION
        (a) Compliance. Pursuant to Section 11166.5(d) of the Penal Code, all providers of supervised visitation who receive payment for their services are required to complete and file with the Court a declaration/statement as provided on Superior Court Form H272 (Appendix B). This form states that the provider has complied with Section 11166 of the Penal Code and is to attach a copy or proof of their attendance at such a training program to the form. The form is then to be filed with the Clerk of the Court. Forms are available through the various District Courts from the Clerk of the Court.
        (b) Sanctions. Failure to comply with the requirements of Section 11166 of the Penal Code is a misdemeanor.
        (Rule 14.25 adopted and effective 7/1/04.)
        14.26 COLLABORATIVE LAW CASES
        (a) Designation. A case may be designated a "Collaborative Law Case" if the parties have signed a written Collaborative Law Agreement that provides for 1) a full exchange of information, 2) the withdrawal of the party's attorney (whether or not said attorney is of record) upon the termination of the collaborative law process, and 3) the joint retention of any consultants needed to assist the parties in the collaborative law process, unless otherwise authorized by the written agreement of the parties. The words "Collaborative Law Case" shall be placed below the case number in the case caption on all documents filed with the Court. Attorneys representing parties to a Collaborative Law Case may be, but are not required to be, of record.
        (b) Contested Matters. As long as a case is designated a Collaborative Law Case, no contested matters shall be filed with the Court. Collaborative Law Cases shall not be subject to Rule 14.12. A Collaborative Law Case filed in the Central District shall be assigned to Department 2 for as long as the case remains a Collaborative Law Case.
        (c) Termination. Either party may terminate the designation of a case as a Collaborative Law Case without cause by both providing a written notice of such termination to the other party and filing with the Court a copy of the notice of termination and a proof of service upon the other party. The filing of contested matters by either party shall also terminate the designation of the case as a Collaborative Law Case, effective on the date of such filing. Upon termination of the Collaborative Law Case designation, any party's attorney's status as attorney of record shall terminate without further notice. The filing by an attorney of record of a motion to withdraw from a Collaborative Law Case does not terminate the designation of a Collaborative Law Case.
        (Rule 14.26 [adopted 7/1/04] amended and effective 1/1/05.)
        14.27 EX PARTE NOTICE, APPLICATION AND ORDERS
        Ex parte applications and orders, including notice thereof, must comply with California Rules of Court, rule 3.1200 et seq., except for good cause shown or as otherwise provided by law, such as Domestic Violence Protection Act proceedings under which orders may be issued with or without notice as prescribed in Family Code section 6300.
        (Rule 14.27 [adopted 7/1/06] amended and effective 1/1/08.)
        Chapter 15 Class Actions
        (see California Rules of Court, Rules 1800 through 1861)
        Chapter 16 Eminent Domain
        16.0 PURPOSE
        16.1 FILING OF EMINENT DOMAIN OR INVERSE CONDEMNATION ACTIONS
        16.2 PRETRIAL PROCEEDINGS — GENERAL PROVISIONS
        (a) Central District Filing
        (b) Compliance
        (c) Priority
        (d) Central District Department Designation
        (e) Central District Filings of Pleadings, etc
        (f) First Pretrial Conference
        (g) Final Offer of Compensation
        (h) Pretrial Conference Statement
        (i) Applicability of Chapters Seven and Eight
        (j) Other Than Central District Cases

        CALENDARING, PRETRIAL DISCOVERY, AND OTHER PROCEEDINGS BEFORE TRIAL
        16.3 PRETRIAL SETTING
        16.4 DISPOSITION OF CASES
        16.5 ANSWERS
        16.6 CONTAMINATION OR OTHER CONDITION
        (a) Use of Precondemnation Testing Procedures
        (b) Notice of Contamination or Other Condition
        (c) Exchange of Cost Estimates
        (d) Penalty for Failure to Comply
        (e) Admissibility

        FIRST PRETRIAL CONFERENCE
        16.7 NOTICE OF CONFERENCE
        16.8 PURPOSE OF FIRST PRETRIAL CONFERENCE
        16.9 PREPARATION FOR FIRST PRETRIAL CONFERENCE
        (a) Joint Pretrial Statement
        (b) Selection of Dates for Trial, Final Pretrial, and Settlement Conferences
        16.10 FIRST PRETRIAL CONFERENCE PROCEDURE
        (a) General Procedure
        (b) Limitations at Trial
        (c) Change of Dates for Final Pretrial Conference, Mandatory Settlement Conference, and for Trial
        (d) Waiver of First Pretrial Conference
        (e) First Pretrial Conference Order
        16.11 CHECKLIST FOR COMPLETION OF JOINT STATEMENT FOR FIRST PRETRIAL CONFERENCE IN EMINENT DOMAIN PROCEEDINGS
        (a) Joint Statement
        (b) Checklist
        (c) Joint Waiver

        INTERIM PROCEEDINGS
        16.12 PRETRIAL MOTIONS AND DISCOVERY
        16.13 DISPOSITIVE STIPULATIONS

        FINAL PRETRIAL CONFERENCE
        16.14 ISSUES REMAINING IN DISPUTE
        16.15 SUBMISSION OF APPRAISAL REPORTS
        16.16 FINAL PRETRIAL CONFERENCE ORDER

        SETTLEMENT CONFERENCE
        16.17 SCHEDULING SETTLEMENT CONFERENCE
        16.18 SETTLEMENT CONFERENCE ORDER

        COMBINED FINAL PRETRIAL AND SETTLEMENT CONFERENCE
        16.19 COMBINED PRETRIAL AND SETTLEMENT CONFERENCE
        16.20 SCHEDULING COMBINED CONFERENCE
        16.21 SUBMISSION OF APPRAISAL REPORTS
        16.22 DISTRIBUTION OF APPRAISAL REPORTS
        16.23 NONCOMPLYING APPRAISAL REPORTS

        FINAL OFFERS AND DEMANDS FOR THE SUBJECT PROPERTY
        16.24 SERVE AND FILE FINAL OFFER AND FINAL DEMAND
        16.25 ALTERNATIVE TO SERVICE AND FILING FINAL OFFER AND DEMAND

        APPENDIX A
        16.0 PURPOSE
        These rules set out the scheduling and conduct of eminent domain pretrial proceedings, and trials, to the extent specified.
        (Rule 16.0 effective 1/1/95.)
        16.1 FILING OF EMINENT DOMAIN OR INVERSE CONDEMNATION ACTIONS
        Eminent domain and inverse condemnation matters may be filed in the Central District irrespective of property location within Los Angeles County, or may be filed in a District, other than the Central District, where the property is located. (See LASCR, rule 2.0(c).) These rules shall apply to eminent domain cases filed in the Central District, and to all such cases filed in other Districts.
        (Rule 16.1 effective 1/1/95.)
        16.2 PRETRIAL PROCEEDINGS — GENERAL PROVISIONS
        (a) Central District Filing.
        All pretrial proceedings in eminent domain and inverse condemnation actions filed in the Central District shall be heard in the Eminent Domain Department. (See LASCR, rules 2.5(d) and (e), and 7.2(b).) In Districts other than Central, eminent domain cases shall be assigned as directed by the Supervising Judge.
        (b) Compliance. In order properly to control the calendaring of eminent domain cases for pretrial conferences and for trial, the court must insist upon compliance with the provisions of these rules, unless, in the exercise of the court's discretion, and for good cause, such compliance is waived in any particular case. Counsel shall assist the court in carrying out these rules with respect to preferential calendaring, pretrial, and discovery proceedings.
        (c) Priority. Eminent domain cases are given pretrial and trial priority in accordance with Code of Civil Procedure section 1260.010 without causing an adverse effect on the calendaring of other civil cases. Eminent domain cases should be brought to trial, if possible, within twelve months after the filing of the complaint. (See Code Civ. Proc. §§ 1263.120 and 1263.130.)
        (d) Central District Department Designation. In order to accelerate and to assure uniformity in eminent domain cases, including inverse condemnation cases, the Eminent Domain Department (Department 59) has been designated by the Presiding Judge as a special department with respect to the following matters:
        (1) All pretrial conferences;
        (2) All law and motion matters, except motions to transfer to another district, which are heard in Department 1;
        (3) All discovery procedures;
        (4) All ex parte orders and judgments;
        (5) All stipulated and other uncontested matters; and
        (6) All contested matters for trial and determination of legal and/or factual issues, when such issues are submitted for trial and determination by said department.
        (e) Central District Filings of Pleadings, etc. All papers and documents pertaining to pleadings, motions, discovery, orders, judgments, stipulations, etc., in eminent domain cases, should be filed with the clerk in the Eminent Domain Department with respect to matters pending in said department. In Districts other than Central, said filings shall be done as directed by the Supervising Judge.
        (f) First Pretrial Conference. At the first pretrial conference, the court will specify the issues to be tried and set a date for trial of the action in the appropriate I/C court where the case is filed in the Central District, or in the appropriate District court where the case is filed in a District other than the Central District.
        In addition, the court will set a date for the final pretrial conference, at which an exchange of appraisal reports will occur, approximately 60 days prior to trial, and will also set a date for a mandatory settlement conference, approximately 30 days prior to trial. Appearance at said settlement conference is required on the part of counsel for plaintiff and defendant, and the parties should be present or available by telephone to authorize and approve settlement terms and provisions.
        (g) Final Offer of Compensation. Pursuant to Code of Civil Procedure section 1250.410, at least 30 days prior to the date of trial on issues related to compensation, plaintiff shall file and serve on defendant its final offer of compensation in the proceeding, and defendant shall file and serve on plaintiff its final demand for compensation in the proceeding. In the alternative, the parties may stipulate, at the first pretrial conference, that the requirements of Code of Civil Procedure section 1250.410 may be satisfied by stating their final offers and demands at the mandatory settlement conference, for inclusion in the court's minute order pertaining to said conference.
        (h) Pretrial Conference Statement. At the first pretrial conference, counsel shall submit to the court a joint pretrial conference statement specifying the issues to be tried. Counsel shall specifically identify issues that are for determination by the court, and not a jury.
        (i) Applicability of Chapters Seven and Eight. Los Angeles Superior Court Rules, Chapter Seven (Trial Court Delay Reduction), Chapter Eight (Civil Trial Procedure), and Chapter Nine (Civil Law and Motion) shall be applicable with respect to eminent domain and inverse condemnation actions, save and except as otherwise specifically provided in these eminent domain rules.
        (j) Other Than Central District Cases. Unless specifically designated otherwise, these rules shall apply to all eminent domain cases filed in any District.
        (Rule 16.2 effective 1/1/95.)
        CALENDARING, PRETRIAL DISCOVERY, AND OTHER PROCEEDINGS BEFORE TRIAL
        16.3 PRETRIAL SETTING
        No eminent domain case shall be set for a pretrial conference in the Central District or for trial until it is at issue. In Districts other than Central, the setting procedure shall be as designated by the Supervising Judge.
        (Rule 16.3 effective 1/1/95.)
        16.4 DISPOSITION OF CASES
        The provisions of Rule 7.7, concerning the time deadlines for disposition of cases, shall apply to eminent domain cases.
        (Rule 16.4 [1/1/95] SERVICE REPEALED 7/1/99
        DISPOSITION OF CASES new and effective 7/1/99.)
        16.5 ANSWERS
        In preparing answers to complaints in eminent domain cases, counsel shall comply with the requirements of Code of Civil Procedure section 1250.320 that "the answer shall include a statement of the nature and extent of the interest the defendant claims in the property described in the complaint." (See also Code Civ. Proc. §§ 1250.325, 1250.370.)
        (Rule 16.5 effective 1/1/95.)
        16.6 CONTAMINATION OR OTHER CONDITION
        The following procedures will apply in cases involving hazardous substances, soil contamination, or other conditions in, on or under the property being taken ("contamination or condition"):
        (a) Use of Precondemnation Testing Procedures. To avoid disruption and delay in eminent domain proceedings as a result of the discovery of contamination or other condition, condemnors should, whenever feasible, take advantage of the procedures provided in Code of Civil Procedure, § 1245.010 et seq., to do testing for such contamination or condition prior to filing the complaint in eminent domain.
        (b) Notice of Contamination or Other Condition. If the condemnor is or becomes aware of such contamination or condition and believes that the contamination or condition may have an effect upon the value or potential uses of the property being taken, the condemnor shall, before the first pretrial conference, promptly notify the property owner of the existence of the contamination or condition before the condemnor takes any steps to remediate the contamination or condition. The notice shall contain a sufficient description of the contamination or condition to apprise counsel for the condemnee of the problem and offer the condemnee the opportunity to inspect the property and investigate the contamination.
        (c) Exchange of Cost Estimates. In the event the condemnor intends to introduce evidence at trial of the actual or potential costs of remediation, at the first pretrial conference the court will set a schedule for the exchange by the parties of reports concerning the existence and extent of such contamination and the cost and time estimates for remediation. Said contamination reports shall be exchanged at least 30 days prior to the exchange of appraisal reports regarding property valuation, in order to allow the parties' appraisers to consider the effect of alleged contamination, if any, on the fair market value of the subject property. Nothing herein is intended to prevent the remediation of any contamination or condition, including satisfaction of any code requirements applicable thereto, and the giving of notice thereof to plaintiff, prior to the exchange of appraisal reports.
        (d) Penalty for Failure to Comply. In the event the condemnor fails to comply with paragraphs (b) and (c), or the property owner fails to comply with paragraph (c), the trial court may preclude admission into evidence of, or reliance upon, the contamination, condition, or estimates, as the case may be, unless good cause is shown excusing such compliance.
        (e) Admissibility. Neither the existence of the above procedure, nor a condemnor nor a condemnee's utilization of it, shall be interpreted to affect the relevance, admissibility, or inadmissibility of evidence of the contamination or condition, or the cost of remediation.
        (Rule 16.6 effective 1/1/95.)
        FIRST PRETRIAL CONFERENCE
        16.7 NOTICE OF CONFERENCE
        Notice of the first pretrial conference shall be mailed to the parties by the clerk. The date designated by the clerk for said conference will be changed only on motion, on an affirmative showing of good cause.
        (Rule 16.7 effective 1/1/95.)
        16.8 PURPOSE OF FIRST PRETRIAL CONFERENCE
        The first pretrial conference will be held for the purpose of discussing and securing agreements on all matters set forth in the joint pretrial statement which shall be filed as hereinafter provided, and such other matters as may be suggested by the judge presiding at such conference, or by the parties then present. When necessary, a reasonable continuance may be granted in order that the parties can agree on all such matters. At such conference, the court will discuss the possibility of settlement.
        (Rule 16.8 effective 1/1/95.)
        16.9 PREPARATION FOR FIRST PRETRIAL CONFERENCE
        (a) Joint Pretrial Statement. Prior to the first pretrial conference, plaintiff shall submit a joint pretrial statement to defendants for correction, amendment, if necessary, approval, and execution. (See Rule 16.11 for joint pretrial statement checklist.)
        If necessary, corrections, amendments, or additions to the joint pretrial statement may be inserted therein, and initialed by the parties, during the first pretrial conference.
        If the length or complexity of any correction, amendment, or addition makes it impractical to include such within the joint pretrial statement, the judge in the eminent domain department may incorporate, or order incorporation of, such modification in the first pretrial conference order.
        (b) Selection of Dates for Trial, Final Pretrial, and Settlement Conferences. Prior to commencement of the first pretrial conference, the clerk will provide information to counsel regarding available pretrial and trial dates, and counsel shall select dates for final pretrial and mandatory settlement conferences, and trial, subject to approval by the court.
        (Rule 16.9 effective 1/1/95.)
        16.10 FIRST PRETRIAL CONFERENCE PROCEDURE
        (a) General Procedure.
        Each party appearing in an eminent domain case shall attend the first pretrial conference by counsel, or, if none, in person, and shall have a thorough knowledge of the case and be prepared to discuss it and make stipulations or admissions where appropriate, and be prepared to agree on a date for final pretrial conference, mandatory settlement conference, and for legal issues and/or valuation trial.
        During the first pretrial conference, the procedure shall be as follows:
        — The court shall receive the executed pretrial statement, prepared as hereinafter specified, for filing;
        — The court shall review the statement and determine if non-answering or non-responding parties are to be dismissed, disclaimed, or defaulted prior to the final pretrial conference;
        — The court shall review the dates for final pretrial conference, mandatory settlement conference, and trial, as selected by the parties. The proposed trial date shall be confirmed by communication with the clerk of the appropriate I/C court, if applicable, during the course of the first pretrial conference;
        — The final pretrial conference shall be set approximately two months before the date set for trial. The mandatory settlement conference shall be set approximately one month before trial. At the request of counsel for the parties, and with the approval of the court, the final pretrial conference and mandatory settlement conference may be set on the same date;
        — The court shall determine if there are any legal issues to be resolved by the court, without a jury, requiring a bifurcated legal issue trial prior to the trial of factual issues. In the Central District, the bifurcated trial shall take place in accordance with an agreement between the I/C judge and the judge assigned to the Eminent Domain Department. (Ref. LASCR, rules 2.5(e) and 16.10(a).);
        — The court shall obtain from counsel an estimate of the duration of the trial;
        — The court shall determine (if not in dispute as an issue):
        (1) The effective date of any order of immediate possession of the subject property, to aid in the later determination of interest on the award to be paid to defendant (Code Civ. Proc., § 1268.310), and
        (2) The date of valuation which the appraisers will use to value the real property interests. (Code Civ. Proc., § 1263.110 et seq.)
        (b) Limitations at Trial. The Court shall advise counsel of time and evidence limitations including, but not limited to, the following:
        (1) Limiting the time used by counsel in presenting the appraiser’s expert qualifications to the jury to not more than 20 minutes, unless upon a showing of good cause for additional time;
        (2) Limiting the number of comparable market sales used by the appraiser in support of his or her opinion of value to not more than 10, unless upon a showing of good cause for additional data. The trial judge may consider as good cause, among other things, severance damage cases which may require “before” and “after” condition sales; properties having mixed uses zoning or improvements; and properties subject to leases;
        (3) Limiting a jury view of the subject property and/or comparable sales where there have been substantial physical changes in same or in the neighborhood since the date of valuation which changes may prejudice either party;
        (4) Requiring that any objections to the admissibility of exhibits and/or comparable sales or other supporting data be heard and ruled upon by the trial Court prior to the impaneling of the jury, in order to avoid interruptions and delays during the trial;
        The foregoing limitations or requirements shall be deemed incorporated by reference in the first pretrial conference order. Any other special limitations or requirements shall be set out in said order.
        (c) Change of Dates for Final Pretrial Conference, Mandatory Settlement Conference, and for Trial. The dates set for the final pretrial conference or mandatory settlement conference may be changed by the court in the eminent domain department, on written motion, on notice to all interested parties, on an affirmative showing of good cause. Reserved dates for motions may be obtained from the clerk. When all parties so stipulate, the clerk will accept telephonic continuances.
        Dates set for trial may be changed pursuant to Los Angeles Superior Court Rules.
        (d) Waiver of First Pretrial Conference. The first pretrial conference may be waived when the joint statement evidences the agreement of counsel on all matters hereinafter set forth in Rule 16.11 which are applicable to the particular case, on condition that the joint statement, together with a request for such waiver, is filed not less than 10 days before the time set for the first pretrial conference. Counsel may call the clerk in the eminent domain department on the second court day before the date set for such conference, to determine whether appearance at the conference is necessary.
        (e) First Pretrial Conference Order. At the conclusion of the first pretrial conference, or upon the waiver of such conference if the joint statement is approved, the court will prepare, or order counsel to prepare, a first pretrial conference order setting forth all matters agreed on except the parties' estimates of value, including the date set for the final pretrial conference, the mandatory settlement conference, and for trial. Such order shall be served upon all parties, unless waived.
        (Rule 16.10 effective 1/1/95.)
        16.11 CHECKLIST FOR COMPLETION OF JOINT STATEMENT FOR FIRST PRETRIAL CONFERENCE IN EMINENT DOMAIN PROCEEDINGS
        (a) Joint Statement. A joint written statement setting forth the position of the parties as to all matters listed in subparagraph (b) of this checklist must be filed at or before the time set for the first pretrial conference in contested eminent domain cases.
        (b) Checklist. As to each of the items referred to in this paragraph, state one of the following: (1) the facts agreed to, (2) that the item is "disputed," or (3) that the particular item is not applicable. When the parties cannot agree on any matter, each party shall state his contentions with respect thereto.
        All of the following items are to be included as to each parcel in preparing the joint statement:
        (1) Date of filing complaint and issuance of summons. (See Code Civ. Proc., § 1263.110 et seq.);
        (2) Names and capacities of all parties served and of parties not served;
        (3) Immediate possession: Effective date of order for immediate possession;
        (4) Description of property: Address; legal description of land or property to be taken and of remaining property, if any; area of property; existing structures and improvements, if any; existing encumbrances; existing leases; and existing zoning;
        (5) Nature, extent or character and ownership of the several estates or interest to be taken;
        (6) Purpose of acquisition and a brief general description of the proposed public work;
        (7) Condemnor's estimated valuation. Plaintiff may include here a statement as to its source, such as a staff or other preliminary appraisal;
        (8) Condemnee's estimated valuation. The party may include here a statement as to its source, such as the owner's opinion of value or a preliminary appraisal;
        (9) Whether severance damages are claimed and, if so, by whom;
        (10) Whether benefits are claimed by the construction of the proposed public work and, if so, what benefits?;
        (11) Whether precondemnation damages are claimed;
        (12) Whether loss of business goodwill is claimed;
        (13) Whether the condemnor intends to claim that hazardous substances, soil contamination, or other conditions in or on the property affect the opinion of value;
        (14) Dates for exchange of reports on contamination or other condition in or on the property, and estimates of remediation, and exchange of valuation data;
        (15) Whether there are any other issues to be determined in addition to the issue of value;
        (16) Available trial dates. Fill in not less than two dates at least 30 days prior to expiration of one year from the date the action was commenced;
        (17) Available final pretrial conference dates. Fill in at least two dates not less than 60 days prior to expiration of one year after the date the summons was issued;
        (18) Available settlement conference dates. Fill in at least two dates not less than one month prior to the date selected for trial;
        (19) Other matters agreed on or admitted;
        (20) Whether any party contemplates making a motion to transfer the trial to another Superior Court District for trial and, if so, which party.
        The information required by the foregoing checklist should be based on all information available as of the date of the required joint statement. If the parties so desire, the information required by items (7) and (8) may be furnished in a separate supplemental statement. When the parties cannot agree on the dates required under items (14) and (16) through (18), the statement, as indicated, should include two dates in each instance which are available to counsel for each of the parties.
        (c) Joint Waiver. If the parties so desire, the statement may conclude with a joint request for a waiver of the first pretrial conference. In that event, the statement must be filed not less than ten days before the date set for such conference. (See Rule 16.10(d), supra.)
        (Rule 16.11 [1/1/95] REPEALED in part, and effective 7/1/98.)
        INTERIM PROCEEDINGS
        16.12 PRETRIAL MOTIONS AND DISCOVERY
        During the period between the conclusion of the first pretrial conference and the time then set for the final pretrial conference, the parties shall complete any law and motion matters, any deposition and discovery proceedings, and any hazardous waste or other testing as may be agreed to or be provided for in the first pretrial conference order. During such period, the parties shall meet and confer in person or by correspondence to reach agreement on matters otherwise requiring resolution by the court.
        (Rule 16.12 effective 1/1/95.)
        16.13 DISPOSITIVE STIPULATIONS
        At the first pretrial conference, or at any time before or at the final pretrial conference, the parties may, by stipulation, submit to the court, and the court may determine, any other matter which will aid in the disposition of the case.
        (Rule 16.13 effective 1/1/95.)
        FINAL PRETRIAL CONFERENCE
        16.14 ISSUES REMAINING IN DISPUTE
        At or before the final pretrial conference, the parties will advise the court as to all material matters remaining in dispute, to the extent that such matters have not previously been incorporated in any pretrial conference order or amendment thereto.
        (Rule 16.14 effective 1/1/95.)
        16.15 SUBMISSION OF APPRAISAL REPORTS
        Prior to the final pretrial conference, each party will submit in camera to the court such appraisal reports and other information and data as may be ordered by the court. Such material shall not be filed, and at time of final pretrial conference may be returned to the respective parties, if not deemed comparable, or, may be ordered exchanged, if deemed comparable and in compliance with the first pretrial order. The requirements with reference to appraisal reports or other valuation data as generally required are set forth in Appendix A.
        (Rule 16.15 effective 1/1/95.)
        16.16 FINAL PRETRIAL CONFERENCE ORDER
        At the conclusion of the final pretrial conference, the court may prepare a final pretrial conference order, which shall incorporate by reference the first pretrial conference order, any other pretrial conference order and a statement of any amendments thereto and of the matters then agreed on; the list of proposed exhibits, if submitted by the parties, with their stipulation with respect thereto; a statement of any factual and legal contentions made by each party as to the issues remaining in dispute, which have not been set forth in any pretrial order or amendment thereto; and a concise and descriptive statement of every ruling and order of the court at the final pretrial conference on any matter which has theretofore been determined or will aid the court in the disposition of the case.
        The final pretrial conference order will be filed and served as directed by the court, unless notice is waived by all parties.
        (Rule 16.16 effective 1/1/95.)
        SETTLEMENT CONFERENCE
        16.17 SCHEDULING SETTLEMENT CONFERENCE
        All counsel or parties in propria persona are required to attend a settlement conference which shall be scheduled within 30 days prior to trial.
        The settlement conference shall be scheduled a sufficient time after the exchange of appraisal data effected at the final pretrial conference, to allow counsel, the parties, and their respective appraisers to review the adversary appraisal reports, evaluate same, and be prepared to negotiate with this additional knowledge at the settlement conference, and to prepare their final settlement offers and demands for the subject property in accordance with Code of Civil Procedure section 1250.410.
        (Rule 16.17 effective 1/1/95.)
        16.18 SETTLEMENT CONFERENCE ORDER
        If a settlement is reached during said settlement conference, the court will incorporate the terms of settlement in a settlement conference order, and vacate the trial date. Thereafter, plaintiff will prepare a Judgment of Condemnation in accordance with the terms of the settlement agreement and order.
        If a settlement is not reached, the court will so indicate in the settlement conference order.
        The trial court may, at its discretion, hold a further settlement conference prior to commencement of trial.
        (Rule 16.18 effective 1/1/95.)
        COMBINED FINAL PRETRIAL AND SETTLEMENT CONFERENCE
        16.19 COMBINED PRETRIAL AND SETTLEMENT CONFERENCE
        The final pretrial conference and settlement conference may be combined by order of the court, when requested by all of the parties participating in the first pretrial conference.
        (Rule 16.19 effective 1/1/95.)
        16.20 SCHEDULING COMBINED CONFERENCE
        If so ordered, the combined final pretrial conference and settlement conference shall be set in the manner previously described for the selection of pretrial dates.
        (Rule 16.20 effective 1/1/95.)
        16.21 SUBMISSION OF APPRAISAL REPORTS
        At least ten days prior to the date chosen for the combined conference, appraisal reports shall be submitted to the eminent domain department. Upon receipt thereof, the court will examine the appraisal reports in order to determine their compliance with the requirements for valuation exchange. (Appendix A.)
        (Rule 16.21 effective 1/1/95.)
        16.22 DISTRIBUTION OF APPRAISAL REPORTS
        Following determination by the court that the appraisal reports submitted satisfy the requirements for valuation exchange, the clerk will notify counsel or the parties who may thereafter pick up the adversary appraisal reports for review with respect to the combined conference.
        (Rule 16.22 effective 1/1/95.)
        16.23 NONCOMPLYING APPRAISAL REPORTS
        If the court finds that said appraisal reports do not comply with the requirements for valuation exchange as specified in Appendix A, counsel or the parties will be so advised by the court through the clerk, in order that they may have the opportunity to provide immediately any necessary additional data in order to effectuate the exchange hereinabove specified.
        (Rule 16.23 effective 1/1/95.)
        FINAL OFFERS AND DEMANDS FOR THE SUBJECT PROPERTY
        — Code of Civil Procedure section 1250.410
        16.24 SERVE AND FILE FINAL OFFER AND FINAL DEMAND
        Pursuant to Code of Civil Procedure section 1250.410, at least thirty (30) days prior to the date of trial, plaintiff shall file with the court and serve a copy thereof on defendant its final offer for the property sought to be condemned, and defendant shall, in like manner, file with the court and serve a copy thereof on plaintiff the final demand for the property sought to be condemned.
        (Rule 16.24 effective 1/1/95.)
        16.25 ALTERNATIVE TO SERVICE AND FILING FINAL OFFER AND DEMAND
        In the alternative, the parties may stipulate that compliance with the requirements of Code of Civil Procedure section 1250.410 may be satisfied by the Court’s including the final settlement offers and demands for the subject property in the mandatory settlement conference order.
        If the alternative procedure hereinabove specified is utilized, the parties shall submit their final offers and demands in writing to the Court, in the course of the settlement conference hearing.
        (Rule 16.25 [1/1/95] REPEALED in part, and effective 7/1/98.)
        APPENDIX A
        REQUIREMENTS FOR VALUATION DATA
        The parties are ordered to submit appraisal reports upon which they intend to rely at the time of trial, if any, with the clerk in the Eminent Domain Department, on or before five (5) days prior to the final pretrial rather than on the date of the final pretrial. If any party intends to have an owner or any witness, other than the appraisers whose appraisal reports are to be submitted, testify in this case with respect to valuation, such party shall also file with the court on the same date the name of such person, his or her opinion as to valuation, and all factual data, not otherwise submitted, upon which such opinion is based, including market data, reproduction studies, and capitalization studies, in as much detail as practicable. If the court determines said reports to be comparable, and if it appears just and proper to do so, an exchange will be ordered. If the court does not order an exchange, the court will initial the documents for identification at the time of trial. Except as set forth herein, and except for the purpose of rebuttal, the parties will not be permitted to call any witness to testify on direct examination to an opinion of value, a sale, a reproduction study or capitalization study, unless submitted to the court as set forth above.
        In the event a party subsequently discovers any information which should have been submitted as set forth in the preceding paragraph, and desires in good faith to use the information at time of trial, he must immediately notify the other party to this effect, and provide the other party with the said information, and show good cause to the court, either in the Eminent Domain Department or the trial department, that he should be permitted to use such information at the trial.
        In the event a party intends to use an expert other than those who will testify with respect to valuation as set forth above, said party shall disclose, prior to the final pretrial in this case, if possible, or as soon thereafter as such information is available, the name and address of the said person, if known, and the nature of the testimony of said witness to be used at the trial of this case. Except as set forth herein, and except for the purpose of rebuttal for defendant and surrebuttal for plaintiff, the parties will not be permitted to call any expert witness to testify on direct examination as to any engineering study or opinion, cost estimate, feasibility or land use study, zoning plan, economic study or survey, or other matter related to valuation and/or the issues of the case unless said witness' name, address and nature of testimony is disclosed as indicated above.
        The appraisal report shall include clear and concise statements of the following:
        (1) A description of the property including, as a minimum, a plot plan (not necessarily to scale) showing the size, shape, dimensions of the property being acquired and its location to street accesses. Additional information relating to terrain, utilities, principal street accesses, location of improvements upon the property, and the relationship of the property to and description of a larger parcel of which it is a part, when appropriate, must also be supplied, if necessary, for understanding of the appraisal problem;
        (2) Present zoning of property, and, if the existing use is inconsistent with the present zoning, the authority by which such use is permitted;
        (3) A statement of the appraiser's opinion of the highest and best use of the property. If such use is inconsistent with the present zoning, a concise statement of factual matters, including other zone changes or changes of use in the neighborhood and/or the names and addresses of any experts on zoning and/or zoning officials upon which the opinion of probate zone change was predicated;
        (4) The appraiser's opinion of the market value of the property being acquired and, if the property is part of a larger parcel, his opinion of severance damage, if any, and special benefits, if any, to the remainder, together with methods of calculations and reasons for said damages and/or benefits;
        When included as issues in the case, the appraiser's opinion of precondemnation damages, if any, and the value of loss of business goodwill, if any, together with the methods of calculations and reasons for said damages and value. If the appraiser is of the opinion that there are no severance or precondemnation damages or special benefits or value of loss of business goodwill, a statement to this effect should be included, together with reasons therefor, if said issue was raised, as indicated by the First Pretrial Conference Order;
        (5) The valuation approaches or methods utilized in the formation of the appraiser's opinion should be set forth in a brief statement, together with a statement as to the approach or approaches most relied upon by the appraiser in reaching his ultimate opinion. If any approach or method is not specified, it shall be presumed that the appraiser did not consider it in arriving at his opinion;
        (6) Where market data or sales are utilized, the following information as to each sale:
        a) location (legal description and address, if available, or other sufficient designation for identification);
        b) total area and shape of property;
        c) topography;
        d) zoning;
        e) nature and brief description of improvements, if any;
        f) date of sale (close of escrow date preferred to the recording date;
        g) names of buyer and seller;
        h) with whom and date the sale was verified and their connection, if any, with the sale property;
        i) total sales price;
        j) unit price paid, if unimproved (per acre, per square foot);
        k) terms of sale;
        l) how the sale compares with the opinion of value of the subject property or remainder;
        m) If the appraiser uses "before" and "after" sales or sales re different zoning than subject property, he must designate for what purpose the sale was used.
        (7) If reproduction cost studies are made, the following information must be submitted:
        a) description of improvements;
        b) size and area of building or structure;
        c) type of construction;
        d) age of building or structure;
        e) condition of building or structure, including obsolescence and depreciation;
        f) remaining economic life of improvements;
        g) cost factor or other computation used to establish cost to replace improvements;
        h) depreciation allowance used and basis therefor;
        (8) If a capitalization or other income study is made, the following minimum information should be included, where relevant:
        a) gross income utilized in computations and whether actual income being produced or assumed income is used and the basis therefor;
        b) enumeration of expense items expected, the respective amounts thereof and whether said amounts are based upon actual or assumed expenses;
        c) method of processing or treating income
        d) capitalization rate or rates or multiplier used
        e) If the recapture of improvements is provided for (land residual method), a statement of the remaining economic life of improvements used and rate of capitalization applied to residual land;
        f) If annuity method used, a statement of the anticipated economic period in which payments are expected and the discount rate used, and the residual value of the land adopted in the study. The valuation indicated by said method or methods;
        (9) Where lease information is utilized, the following information as to each lease:
        a) location and address;
        b) total area and shape of property;
        c) topography;
        d) zoning;
        e) nature and brief description of improvements;
        f) date of lease;
        g) names of lessor and lessee;
        h) with whom and date lease was verified and their connection, if any, with the leasehold property;
        i) terms of lease;
        j) how the lease compares with the opinion of the value of the lease of the subject property pursuant to Section 817, Evidence Code, or the opinion of the capitalized value of the reasonable net rental value of the subject property, pursuant to Section 818, Evidence Code.
        (10) Where precondemnation damages are alleged, the following information should be included, where relevant:
        a) dates when damages began and ended;
        b) type of damages;
        c) cause of damages;
        d) amount of damages;
        e) methods of determining damages and calculations and reasons therefor.
        (11) Where loss of business goodwill is alleged, the following information should be included, where relevant:
        a) average gross earnings;
        b) average net earnings;
        c) percentage estimate of average net earnings as an allowance on the average of net tangible assets;
        d) deduction of said allowance from the average net earnings to determine excess attributable to intangible assets;
        e) capitalization of (d) at a certain fixed rate to determine the saleable value of the goodwill;
        f) any other methods, formulae or basis for determining the loss of business goodwill, including calculations and valuation conclusions.
        (12) The appraisal report shall contain separate summaries of the following data wherever applicable:
        a) Summary of value conclusions, including the value of each parcel taken; amount of severance damages, if any; special benefits, if any; precondemnation damages, if any; loss of business goodwill, if any;
        b) Summary of the basic data re the subject property as to size, shape, topography, location, zoning, nature, description of improvements, if any;
        c) Summary of all market sales used by appraiser in support of the opinion of value in the market sales approach to valuation;
        d) Summary of the income capitalization study, if any;
        e) Summary of the depreciated reproduction cost study, if any;
        f) Summary of the appraiser's educational background, working experience, particularly as it relates to real property and appraisal of real property, affiliations with professional organizations, previous clients and other information intended to establish the appraiser's qualification pursuant to Section 801, Evidence Code.
        Dated .................................................
        (Chap. Sixteen, Appendix A [1/1/95] REQUIREMENTS FOR VALUATION DATA
        REPEALED in part, and effective 7/1/98.)
        Chapter 17 Superior Court, Juvenile Division Dependency Proceedings
        17.0 COURT JURISDICTION
        (a) Jurisdiction of the Juvenile Court
        (b) Coordination of Custody Proceedings
        (c) Welfare and Institutions Code section 241.1 Joint Assessments
        17.1 CONFIDENTIALITY OF RECORDS/PETITIONS
        (a) Access to Juvenile Case Files
        (b) Welfare and Institutions Code sections 827 Petitions
        (c) Access to Probation and Department of Children and Family Services Records
        17.2 PUBLIC AND MEDIA ACCESS
        (a) Access to Specific Proceedings
        (b) Observation Orders for Educational Purposes
        (c) Requests for Interviewing, Photographing, Videotaping, or Voice Recording of Dependent/Delinquent Children
        (d) Research Requests
        17.3 MEDICAL CONSENT PROGRAM
        (a) Medical Consent
        (b) Notification
        (c) Emergency Medical Consent
        17.4 LIFE SUSTAINING MEDICAL TREATMENT (LSMT)
        (a) Policy
        (b) Former "Baby Doe Policy"
        (c) Court Designation
        (d) Definitions
        (e) Juvenile Court Jurisdiction
        (f) Notice
        (g) Court Procedures
        (h) Best Interests Standard
        (i) Factors
        (j) Medical Neglect of Disabled Infants With Life-Threatening Conditions
        17.5 PROCEDURES FOR HIV/AIDS TESTING OF
        (a) Policy
        (b) Subject to testing
        (c) Authorization for Testing by Court Order
        (d) Disclosure of Confidential Test Result or Diagnosis
        (e) Report for Presiding Judge of the Juvenile Court
        17.6 PRESCRIPTION AND ADMINISTRATION OF PSYCHOTROPIC MEDICATIONS FOR DEPENDENTS AND WARDS OF THE JUVENILE COURT
        17.7 MENTALLY ILL MINORS UNDER WIC §§ 319.1 AND 6552
        17.7.1 VOLUNTARY COMMITMENT OF DEPENDENT AND DELINQUENT MINORS FOR INPATIENT OR OUTPATIENT MENTAL HEALTH SERVICES
        (a) Procedure
        (b) Role of Juvenile Court
        (c) Role of DCFS, Probation Department and Mental Health Facilities
        17.8 SPECIALLY DESIGNATED DEPARTMENTS
        (a) ICWA Cases
        (b) Deaf/Hard of Hearing Dependent Children/Families
        17.9 APPEARANCES AND DAILY COURTROOM PRACTICE IN DEPENDENCY COURT
        (a) Policy
        (b) Session Hours
        (c) Conduct of Counsel and Parties in the Courtroom
        17.10 CHILDREN'S APPEARANCES
        17.11 FOSTER PARENT APPEARANCES AND PARTICIPATION
        17.12 FAILURE OF ATTORNEY TO APPEAR
        17.13 (RESERVED)
        17.14 REHEARINGS ON ORDERS AND FINDINGS OF A COMMISSIONER OR REFEREE PURSUANT TO WELFARE AND INSTITUTIONS CODE SECTION 252
        (a) General Procedures
        (b) Forms
        17.15 MOTION REQUIREMENTS AND PROCEDURES
        (a) Policy
        (b) Service
        (c) Emergency Applications for Hearing
        (d) Demurrers and Motions to Strike
        (e) Motions for Continuance
        17.16 LEGAL REPRESENTATION
        (a) Appointment of Counsel for Adults
        (b) Appointment of Counsel for Children
        (c) Eligibility for Appointment as Counsel for Adults
        (d) Eligibility for Appointment as Counsel for Children
        (e) General Practice Guidelines for Court-Appointed Attorneys in Dependency Court
        (f) Practice Guidelines for Representing Children in Dependency Court
        (g) Eligibility for Continued Practice in Dependency Court
        (h) Caseloads for Children's Attorneys
        17.17 COURT-APPOINTED SPECIAL ADVOCATE (CASA)
        (a) Program
        (b) Referrals
        (c) Referral Criteria
        (d) Evaluation of a Referral
        (e) Acceptance of a Referral
        (f) Status of CASA Volunteers
        17.18 PROCEDURAL TIMEFRAMES FOR DEPENDENCY PROCEEDINGS
        17.19 DETENTION HEARINGS
        17.20 PREHEARING DISCOVERY
        17.21 HEARINGS IN ABSENCE OF PARTIES
        17.22 MEDIATION
        (a) Program (Purpose of Mediation; Process/Procedures to Arrange Mediation Conference)
        (b) Confidentiality
        (c) The Mediation Process
        (d) Mediation Conference Continued
        (e) Domestic Violence Protocol; Security
        17.23 MANDATORY SETTLEMENT CONFERENCE
        (a) Meet and Confer
        (b) Filing Trial Statements
        (c) Extension of Time
        (d) Contents of Trial Statements
        (e) Non-compliance
        17.24 TRIALS IN PROGRESS
        17.25 APPOINTMENT OF EXPERTS
        (a) Indigent Parties
        (b) Discoverability of Expert's Report
        (c) Fees
        17.26 LAY WITNESS FEES AND COSTS
        (a) Authorization
        (b) Policy
        (c) Procedure
        17.27 APPLICATION FOR DETENTION OR RELEASE OF CHILDREN IN DEPENDENCY COURT SUBSEQUENT TO DETENTION HEARING AND PRIOR TO DISPOSITION IN EMERGENCY AND NON-EMERGENCY SITUATIONS
        (a) Policy
        (b) Non-Emergency Applications for Detention or Release
        (c) Emergency Applications for Detention or Release
        (d) Conduct of Hearings
        17.28 FINANCIAL RESPONSIBILITY UNDER WELFARE AND INSTITUTIONS CODE SECTION 903
        (a) Policy
        (b) Time of Referral
        17.29 DEPENDENCY COURT TORT POLICY
        (a) Representation of Dependent Children in Tort Actions
        (b) Reporting Duties of Child's Dependency Attorney
        (c) Procedure for Filing an Injury Report Pursuant to Subdivision (b)
        (d) Penalty for Attorneys Who Fail to File Report or to Follow Procedures Outlined in the Policy
        17.30 PETITION PURSUANT TO WELFARE AND INSTITUTIONS CODE SECTION 331
        17.31 CLIENT COMPLAINT PROCESS
        (a) Policy of the Juvenile Court
        (b) Client Complaint Form
        (c) Filing the Complaint
        (d) Review of the Complaint
        (e) Attorney's Response
        (f) Judicial Officer's Response
        (g) Mediation
        (h) Alternative Resolutions
        (i) Meritless Claims
        (j) Confidential Files
        17.32 JUVENILE COURT BLANKET ORDERS
        APPENDIX 1 DECLARATION IN SUPPORT OF ACCESS TO JUVENILE RECORDS (WIC§ 827/828)
        APPENDIX 2 REQUEST FOR INTERVIEWING, PHOTOGRAPHING, VIDEOTAPING, OR VOICE RECORDING OF DEPENDENT/DELINQUENT CHILDREN
        APPENDIX 3 PETITION AND ORDER FOR RESEARCH
        APPENDIX 4 DECLARATION OF ELIGIBILITY TO REPRESENT PARTIES IN DEPENDENCY COURT
        APPENDIX 5 REPORT OF CHILD’S INJURIES PURSUANT TO WELFARE AND INSTITUTIONS CODE SECTION 317, SUBDIVISION (e)
        The forms may be viewed and printed by using Adobe Acrobat Reader. If you do not have Adobe Acrobat, you may download the application by clicking on Adobe Acrobat Reader.

        CHAPTER SEVENTEEN

        SUPERIOR COURT, JUVENILE DIVISION

        DEPENDENCY AND DELINQUENCY PROCEEDINGS

        CHAPTER SEVENTEEN

        SUPERIOR COURT, JUVENILE DIVISION

        DEPENDENCY AND DELINQUENCY PROCEEDINGS

        17.0 COURT JURISDICTION
        (a) Jurisdiction of the Juvenile Court. The Superior Court exercises the jurisdiction conferred by the Juvenile Court Law, and while sitting in the exercise of such jurisdiction, is known and referred to as the Juvenile Court. Three classes of children come within the jurisdiction of the Juvenile Court. They are commonly referred to as dependent children, status offenders and youthful offenders. (See Welf. & Inst. Code, §§ 300, 601, 602, and California Rules of Court, rule 5.501 et seq.)
        (Rule 17.0(a) amended and effective 1/1/08.)
        (b) Coordination of Custody Proceedings. Superior Court Local Rule 2.6 governs the coordination of multiple proceedings involving the same child(ren). Counsel shall be familiar with Rule 2.6 and Welfare and Institutions Code section 304 that gives the Juvenile Court jurisdiction over all issues in proceedings pursuant to the Family Law and Probate codes that affect the custody of child(ren) after dependency petition has been filed and until the time that the petition is dismissed or dependency is terminated.
        (1) Identification. The Dependency Court hearing a matter should determine at the earliest possible time whether there is an existing family law or probate case. If at any time it comes to the attention of one court that an existing dependency, family law or probate matter is in another court, the clerk in Dependency Court Department 400 shall be immediately notified. Notification procedures are set forth in the Dependency Court's "Notification to Family Law/Probate Court of Active Dependency Case" procedure dated February 6, 2002.
        (2) Coordination of Multiple Dependency Proceedings Involving Members of the Same Family. All attorneys and self-represented parties shall investigate the existence of any open, closed or reactivated dependency cases that involve the parents, guardians or other members of the same family. If an attorney or a party learns of a pending or closed case in another dependency department that involves members of the same family, the attorney or party shall notify the judicial officers presiding over the cases. The judicial officers in the affected departments will advise the Supervising Judge. After consultation with the affected judicial officers, the Supervising Judge will determine how, and in what department(s), the matters shall be heard, transferred, consolidated or coordinated.
        (c) Welfare and Institutions Code section 241.1 Joint Assessments Policy. Welfare and Institutions Code section 241.1 mandates joint Department of Children and Family Services (DCFS) -Probation assessments for children who appear to come within the description of both Welfare and Institutions Code sections 300 and 601 or 602. Referrals for joint assessment shall be conducted pursuant to the Memorandum of Understanding established by the joint actions of the Juvenile Court, DCFS, Probation Department and the Department of Mental Health. Copies of the Memoranda may be obtained from the Clerk's Office of the Juvenile Court.
        (Rule 17.0 [7/1/96, 7/1/05] amended and effective 1/1/08.)
        17.1 CONFIDENTIALITY OF JUVENILE CASE FILES
        (a) Access to Juvenile Case Files. Generally, juvenile case files (see definition in subsection 17.1(a)(1) below) are confidential except for some cases as outlined in this Rule. In addition, certain documents in a juvenile case file may be privileged or confidential because of other state law or federal law or regulation. Juvenile case files may not be obtained or inspected by either civil or criminal subpoena.
        Welfare and Institutions Code section 827 governs access to juvenile case files. "Access" may include the inspection, copying, and/or dissemination of documents or information from the juvenile case file. If a person or agency is not entitled to access, he or she must file a petition with the Presiding Judge of the Juvenile Court.
        (1) Definition of Juvenile Case File. Pursuant to Welfare and Institutions Code section 827 and California Rules of Court, rule 5.552(a), a "juvenile case file" include(s):
        a) all documents filed in a juvenile court case,
        b) court reports prepared by probation officers, social workers or court appointed special advocate ("CASA") volunteers,
        c) documents made available to probation officers, social workers or CASA volunteers in preparation of a court report,
        d) documents relating to a child concerning whom a petition has been filed in juvenile court that are maintained in the office files of probation officers, social workers, or CASA volunteers,
        e) transcripts, records, or reports relating to matters prepared or released by the court, probation department, or child welfare services program,
        f) documents, video or audio tapes, photographs and exhibits admitted into evidence at juvenile court hearings, and
        g) documents relating to juvenile contacts or investigations that are maintained by a law enforcement agency, Probation Department, or Department of Children and Family Services ("DCFS"), which are part of the juvenile case file even if juvenile court proceedings have not been initiated.
        Documents that are not considered to be part of a juvenile case file and thus not under the jurisdiction of the Juvenile Court include, but are not limited to:
        i) documents in the file of an attorney for a party;
        ii) any document where the subject child has had no contact with law enforcement, DCFS, Probation Department, or the Juvenile Court;
        iii) documents in the personnel file of a social worker or probation officer.
        (2) Persons or Entities Entitled to Inspect Juvenile Case Files. Welfare and Institutions Code section 827(a)(1) and California Rules of Court, rule 5.552(b), set forth the persons and entities entitled to inspect juvenile case files without a court order. However, such inspection does not include: (i) court file documents that are placed in confidential envelopes (unless the person seeking to inspect these documents is the subject of the documents or attorney for the subject); or (ii) privileged documents in the DCFS or Probation Department file. Persons or entities that are entitled to inspect juvenile case files pursuant to Welfare and Institutions Code section 827 include:
        a) Court personnel,
        b) Attorney authorized to prosecute adult criminal or juvenile matters under California law (district attorney, city attorney, city prosecutor), or his or her agent with proper proofof affiliation,
        c) Subject child,
        d) Subject child's parent or legal guardian,
        e) Attorneys for the parties including appellate attorneys representing a party in a Juvenile Court proceeding, or the agents of such attorneys with proper proof of affiliation, and judicial officers, probation officers and law enforcement officers who are actively participating in a criminal or juvenile proceeding involving the child as a party, victim, or witness,
        f) Superintendent or designee of the school district where the child is enrolled or attending school (see also Welf. & Inst. Code, § 828.3),
        g) Member of child protective agencies per Penal Code section 11165.9 (police, sheriff, Probation Depar