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.)
|
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.)
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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.)
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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.)
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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.)
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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
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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.)
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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
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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 |