LASC - Court Rules

Court = Rules=20

Select a subject by clicking on its = first=20 letter to see the corresponding = rule(s).

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CHAPTER:

=20

Chapter 7 = - Trial=20 Court Delay Reduction =

7.0=20

INTRODUCTION=20
(a)=20

Los=20 Angeles Superior Court Delay Reduction=20 Program

(b)=20

Construction

(c)=20

Scope

(d)=20

Time=20 Standards

7.1=20

DEFINITIONS=20
(a)=20

"Department=20 One"

(b)=20

"I/C=20 Judge"

(c)=20

"M/C=20 Judge"

(d)=20

"Counsel"

7.2=20

APPLICATION=20
(a)=20

Civil=20 Cases

(b)=20

Cases=20 Exempted

(c)=20

Priority=20 Over Other Rules

(d)=20

Criminal=20 Cases

7.3=20

ASSIGNMENT OF I/C=20 CASES
(a)=20

Proportionate=20 Assignment

(b)=20

Regulation=20 of Case Assignment

(c)=20

Notice=20 of Case Assignment

(d)=20

Improper=20 Refiling

(e)=20

Duty=20 of Counsel

(f)=20

Related=20 Cases

(g)=20

Consolidation=20 of Cases

(h)=20

Coordination=20 of Cases

(i)=20

Assignment=20 for All Purposes

(j)=20

Effect=20 of Judge Unavailability

(k)=20

Complex=20 Litigation

7.4=20

ASSIGNMENT OF CASES = -=20 DISTRICTS OTHER THAN = CENTRAL

=20

7.5=20

CHALLENGE TO = ASSIGNED=20 JUDGE
(a)=20

Time=20 Limitation - I/C Cases

(b)=20

Manner=20 of Challenge - I/C Cases

(c)=20

Time=20 Limitation - M/C Cases

(d)=20

Manner=20 of Challenge - M/C Cases

(e)=20

Effect=20 of Challenge or Recusal

(f)=20

Challenges=20 Under Code of Civil Procedure section = 170.6=20 following Reversal on = Appeal

7.6=20

DIFFERENTIAL CASE = MANAGEMENT=20 RULES
(a)=20

Purpose

(b)=20

Application

(c)=20

Differentiation=20 of Cases to Achieve Goals

(d)=20

Case=20 Evaluation Factors

7.7=20

(RESERVED)

=20

7.8=20

CASE REMOVED TO = FEDERAL=20 COURT

=20

7.9=20

CASE MANAGEMENT=20 CONFERENCES
(a)=20

Case=20 Management Conference/Review

(b)=20

Conduct=20 of Case Management = Conference/Review

(c)=20

Alternative=20 Dispute Resolution

(d)=20

Setting=20 of Settlement Conference

(e)=20

Written=20 Statements for Settlement = Conferences

(f)=20

Court=20 to be Notified of Settlement

(g)=20

Setting=20 of the Trial Date

(h)=20

Final=20 Trial Preparation

(i)=20

Discretionary=20 Final Status Conference Preparation=20 Orders

7.10=20

(RESERVED)

=20

7.11=20

CIVIL TRIALS=20 PROCEDURE

=20

7.12=20

LITIGATION = CONDUCT=20
(a)=20

Continuances=20 and Extensions of Time

(b)=20

Service=20 of Papers

(c)=20

Written=20 Submissions to a Court, Including Briefs,=20 Memoranda, Affidavits and=20 Declarations

(d)=20

Communications=20 With Adversaries

(e)=20

Depositions

(f)=20

Document=20 Demands

(g)=20

Interrogatories

(h)=20

Motion=20 Practice

(i)=20

Dealing=20 with Non-Party Witness

(j)=20

Ex=20 Parte Communications with the=20 Court

(k)=20

Settlement=20 and Alternative Dispute = Resolution

(l)=20

Trials=20 and Hearings

7.13=20

SANCTIONS

=20

7.14=20

EXCEPTION = ORDERS

=20

MISCELLANEOUS

7.15=20

RESERVED

=20

7.16=20

TRANSCRIPT OF=20 PROCEEDINGS

=20

7.17=20

ARBITRATION = PROCEEDINGS,=20 IMPOSITION OF SANCTIONS RE SETTLEMENT -=20 REPEALED. Duplicated in Rule = 12.5

7.18=20

(RESERVED)

=20

7.19=20

(RESERVED)

=20

7.20=20

TELEPHONIC=20 APPEARANCES

=20

7.0=20

INTRODUCTION=20

(a)=20

Los Angeles = Superior Court=20 Delay Reduction Program
In accordance = with=20 the provisions of the Trial Court Delay = Reduction Act of=20 1986 (commencing at Government Code Section = 68600), as=20 amended by AB 3820 (1990), ("Act") the judges of = the=20 Superior Court for the County of Los Angeles do = hereby=20 adopt the following rules ("Rules") implementing = the Los=20 Angeles Superior Court Delay Reduction Program.=20 Specifically, the Rules are adopted pursuant to = the=20 authority of Government Code Section 68612 and = Code of=20 Civil Procedure Section 575.1. The Rules = contained in=20 this Chapter 7 supercede previously adopted = Delay=20 Reduction Rules, to wit, Chapters 11, 12 and 13 = of Los=20 Angeles Superior Court Rules that existed prior = to the=20 effective date of the adoption of this Chapter = 7.=20

(b)=20 Construction
The=20 Rules are adopted and shall be liberally = construed so as=20 to implement the goals as expressed in = Government Code=20 Section 68607. That section imposes upon the = judges=20 assigned to delay reduction programs the ". . .=20 responsibility to eliminate delay in the = progress and=20 ultimate resolution of litigation, to assume and = maintain control over the pace of litigation, to = actively manage the processing of litigation = from=20 commencement to disposition, and to compel = attorneys and=20 litigants to prepare and resolve all litigation = without=20 delay, from the filing of the first document = invoking=20 court jurisdiction to final disposition of the = action."=20 The Judicial Council has set forth the following = statement of general principles which shall = guide this=20 Court in the implementation of its program:=20

"Trial courts should = be guided=20 by the general principle that from the = commencement of=20 litigation to its resolution, whether by trial = or=20 settlement, any elapsed time other than = reasonably=20 required for pleadings, discovery, and court = events is=20 unacceptable and should be eliminated. To enable = the=20 just and efficient resolution of cases the = court, not=20 the lawyers or litigants, should control the = pace of=20 litigation. A strong judicial commitment is = essential to=20 reducing delay and, once achieved, maintaining a = current=20 docket."=20

The Court will make = every=20 effort to commence trials on the first date = assigned for=20 trial, consistent with the resources of the = Court and=20 the demands of the criminal calendar.

(c)=20

Scope
It is the=20 purpose of the Rules to set forth the = procedures,=20 standards and policies which will be used in the = program, including time standards for the = conclusion of=20 all critical steps in the litigation process. = Further,=20 the Rules are intended to insure absolute = uniform=20 application by the Court. Unless for good cause = shown,=20 no department may adopt rules, procedures or = guidelines=20 inconsistent with these Rules.

(d)=20

Time=20 Standards
This Court adopts the case=20 disposition time standards recommended by the = American=20 Bar Association and adopted by the Judicial = Council=20 which specify as an ultimate goal the = disposition of 90%=20 of all civil cases within one year of filing, = 98% within=20 18 months of filing and 100% within two years of = filing.=20 The court recognizes that some cases are more = complex=20 than others; accordingly the court will take = this into=20 consideration at the time of the status = conferences.=20

(Rule 7.0 effective = 1/1/94.)=20

7.1=20

DEFINITIONS =

(a)=20

"Department=20 One"
Shall refer to the judge = presiding in=20 Department One in the Central District.

(b)=20

"I/C=20 Judge"
Shall refer to those judges = assigned=20 to handle cases on an individual or all purpose=20 calendar. "I/C Cases", shall refer to the cases = so=20 assigned.

(c)=20

"M/C=20 Judge"
Shall refer to those judges = who will=20 handle cases on direct assignment from a Master = calendar=20 court in accordance with procedures established = in a=20 district other than Central. "M/C Cases", shall = refer to=20 the cases so assigned.

(d)=20

"Counsel"
Shall=20 refer to attorney of record and parties in pro = per=20 unless otherwise indicated.

(Rule 7.1 effective = 1/1/94.)=20

7.2=20

APPLICATION =

(a)=20

Civil = Cases
The=20 Rules contained in this Chapter shall apply to = all=20 unlimited and limited jurisdiction civil cases = filed in=20 the Los Angeles Superior Court.=20

(Rule 7.2(a) = [~~11/01/00~~]=20 amended and effective 1/1/2003.)

(b)=20

Cases=20 Exempted
The Rules shall not apply to = any=20 Juvenile, Probate or Domestic (Family Law) = cases. In=20 addition, the following matters will not be = subject to=20 the Rules, except as noted: (1) small claims = matters,=20 (2) name change petitions, (3) pretrial = proceedings in=20 all eminent domain cases and, in the Central = District,=20 trial of any bifurcated issue as agreed to by = the I/C=20 judge and the judge assigned to the Eminent = Domain=20 Department (Ref. LASCR, Rules 2.5(e) and = 16.11(a)),=20 (4) pretrial proceedings in all property damage = cases=20 based on exposure to asbestos products, (5) = cases stayed=20 because of a bankruptcy, or an installment = settlement,=20 or having been removed to federal court, (6) = writs of=20 mandate, and (7) uninsured motorist cases = for 180=20 days after filing, and (8) such other cases as = may be=20 designated by the Presiding Judge or Supervising = Judge=20 of a district.=20

An "Uninsured = Motorist Case" is=20 a civil action for damages filed against a = defendant who=20 is an uninsured motorist, where the plaintiff's = claim is=20 subject to an arbitration provision as defined = by=20 Government Code section 68609.5 and Insurance = Code=20 section 11580.2. Plaintiff shall identify the = case as=20 "Uninsured Motorist" by so stating on the face = of the=20 complaint or by filing a subsequent "Notice of = Uninsured=20 Motorist Designation" as soon as that fact = becomes=20 known. The Rules shall apply to Uninsured = Motorist Cases=20 180 days after filing. (Cal. Rules of Court, = rule=20 3.712.)=20

As to writs of = mandate, Rules=20 7.6 herein will be applied by the Writs and = Receivers=20 Department or the appropriate = district/department which=20 may be assigned a local mandate in accordance = with Rule=20 2.0(c).=20

(Rule 7.2(b) = [~~7/1/99~~,=20 ~~1/1/2000~~, ~~11/01/00~~, = ~~1/1/2003~~,=20 ~~1/1/2004~~, ~~7/1/2004~~] amended and = effective=20 1/1/08.)

(c)=20

Priority Over = Other=20 Rules
To the extent that other Local = Rules=20 are inconsistent with any of these Rules, the = latter=20 shall control. No rule is to be interpreted to=20 controvert any of the provisions of Government = Code=20 section 68616(a) through (i) or the California = Rules of=20 Court.=20

(Rule 7.2(c) amended = and=20 effective 1/1/2003.)

(d)=20

Criminal=20 Cases
Nothing in these rules shall in = any way=20 alter the primary responsibility of judges to = handle on=20 a priority basis those criminal cases, as are = assigned.=20

(Rule 7.2 = [~~1/1/94~~,=20 ~~1/1/95~~, ~~3/1/96~~, ~~7/1/99~~,=20 ~~1/1/2000~~, ~~11/01/00~~, = ~~1/1/2003~~,=20 ~~1/1/2004~~, ~~7/1/2004~~] amended and = effective=20 1/1/08.)

7.3=20

ASSIGNMENT OF I/C = CASES=20

(a)=20

Proportionate=20 Assignment
A pro rata share of all = cases=20 filed in or transferred to any district shall be = assigned for all purposes to each civil bench = officer=20 assigned to hear I/C cases in that district.=20

(Rule 7.3(a) amended = and=20 effective 1/1/2000.)

(b)=20

Regulation of = Case=20 Assignment
The Clerk of the Superior = Court=20 ("Clerk") shall take allreasonably appropriate = steps,=20 including a system of random use of case = numbers, to=20 ensure that neither any party nor any counsel = will be=20 able to anticipate case assignment. The name of = the=20 judge to whom the case is assigned will be = designated by=20 the Clerk on the Summons and the original = Complaint.=20

(c)=20

Notice of Case=20 Assignment
At the time that a civil = case is=20 filed, the Clerk shall provide a Notice of Case=20 Assignment, which shall indicate the name of the = Judge=20 to whom the case has been assigned. It shall be = the duty=20 of each plaintiff (and cross-complainant) to = serve a=20 copy of the Notice, with the complaint (and=20 cross-complaint), and give notice of any date = set for a=20 status conference.=20

(Rule 7.3 = [~~1/1/94~~,=20 ~~7/1/98~~] amended and effective 1/1/07.) =

(d)=20

Improper=20 Refiling
It shall not be permissible = to=20 dismiss and thereafter refile any case for the = purpose=20 of obtaining a different Judge. Whenever a case = is=20 dismissed by a party or by the court prior to = judgment=20 and thereafter the same or essentially the same = claims,=20 involving the same or essentially the same = parties, are=20 alleged in another action, the later filed = action shall=20 be assigned, unless the Presiding Judge for good = cause=20 orders otherwise, to the Judge to whom the first = filed=20 case had theretofore been assigned. When = multiple cases=20 involving the same or essentially the same = claims, and=20 the same or essentially the same parties, are = filed on=20 the same date, the cases shall be assigned to = the judge=20 to whom the low numbered case (or first filed = case) has=20 been assigned, whether or not that case has been = dismissed.=20

(Rule 7.3(d) = [~~1/1/94~~]=20 amended and effective 7/1/07.)

(e)=20

Duty of=20 Counsel
It shall be the duty of every = counsel=20 in such later filed action referred to in = subdivision=20 (d) above immediately to bring the fact of such=20 dismissal and refiling to the attention of the = court.=20 Counsel for plaintiff or cross-complainant (if = the=20 earlier action is renewed in a cross-complaint) = shall=20 give such notice at the time such pleading is = filed.=20 Counsel for all other parties shall give such = notice=20 upon their appearance, or as soon thereafter as = they=20 discover the facts. Such notice shall be given = in a=20 written pleading designated as a "Notice of = Related=20 Case" as provided in subdivision (f) below. =

(f)=20

Related=20 Cases
(1)=20

The procedure for = relating cases=20 is set forth in California Rules of Court, rule = 3.300;=20

(2)=20

Where one of the cases = listed in=20 the Notice of Related Cases has been assigned to = one of=20 the departments designated as a Complex = Litigation=20 department, the judge in the Complex Litigation=20 department shall determine whether the cases = shall be=20 ordered related and assigned to such department; =

(3)=20

Where the cases listed = in the=20 Notice contain a Probate or Domestic (Family = Law) case:=20 if the cases are all pending in the Central = District, or=20 if the cases are pending in different districts, = Department One shall determine whether the cases = shall=20 be ordered related and, if so, to which = department they=20 shall be assigned. If the cases are all pending = in the=20 same district, other than the Central District, = the=20 Supervising Judge of that district shall = determine=20 whether the cases shall be ordered related and, = if so,=20 to which department they shall be assigned; =

(4)=20

In the event any of = the cases=20 set forth in the Notice are not ordered related = pursuant=20 to California Rules of Court, rule = 3.300(h)(1)(A)(B)(C),=20 any party in any of the cases set forth in the = Notice=20 may file an application to have the cases = related. If=20 the cases are all pending in the Central = District, or if=20 the cases are pending in different districts, = the=20 Application must be filed in Department One. If = the=20 cases are all pending in the same district, = other than=20 the Central District, the Application must be = filed with=20 the Supervising Judge of that district. Such = Application=20 must be served on each party in every one of the = cases=20 listed in the Notice, with proof of such service = attached.

(5)=20

It shall be the duty = of every=20 counsel in cases that have been related to = inform the=20 Court of all pending alternative dispute = resolution=20 (ADR) proceedings in the Related Cases. If there = is=20 pending a court-sponsored ADR proceeding under = Chapter=20 Twelve of these Rules, then it shall also be the = duty of=20 every counsel to inform the ADR Office that the = cases=20 have been related.

(Rule 7.3(f) = [~~1/1/2003~~,=20 ~~1/1/07~~, ~~1/1/08~~, ~~1/1/09~~]=20 Subsections: (1) Definition; (2) Notice; (4) = Opposition;=20 (5) Ruling on Notice of Related Case(s); (6) = When Notice=20 of Related Case(s) is not required; and (7) = Authority of=20 Presiding Judge REPEALED, (3) Procedure = Regarding=20 Assignment of Related Case(s) REPEALED in = part,=20 ~~1/1/09~~] amended and effective 7/1/09.) =

(g)=20

Consolidation of = Cases
(1)=20

Cases in the same = department. If=20 any party seeks to consolidate Superior Court = cases=20 pending in the same department, a motion to = consolidate=20 shall be noticed to be heard in that department, = even if=20 there has been no order by the court relating = the cases.=20

(2)=20

Cases in different = departments.=20 If the cases have been ordered related pursuant = to=20 LASCR, Rule 7.3(f), and any party seeks to=20 consolidate Superior Court cases filed in = different=20 departments, the motion to consolidate shall be = noticed=20 to be heard in the department to which the = related=20 case(s) have been assigned.

(3)=20

Upon consolidation of = cases, the=20 first filed case shall be the lead case, unless=20 otherwise ordered by the court. After = consolidation, all=20 future papers to be filed in the consolidated = case shall=20 be filed only in the case designated as the lead = case.=20

(4)=20

Before consolidation = of a=20 limited case with an unlimited case, the limited = case=20 must be reclassified as an unlimited case and = the=20 reclassification fee paid.

(Rule 7.3(g) = [~~1/1/2000~~,=20 ~~11/01/00~~, (3) added ~~1/1/2003~~, (4) = added=20 ~~1/1/07~~, (5) added ~~1/1/08~~] (3)=20 REPEALED, (4) and (5) renumbered as (3) = and (4),=20 effective 7/1/09 .)

(h)=20

Coordination of=20 Cases
(1)=20

A civil case which is = not=20 complex as defined by Standard 3.10 of the = Standards of=20 Judicial Administration may be transferred on = motion=20 from another court to the Los Angeles Superior = Court, if=20 it involves a common question of fact or law = within the=20 meaning of Code of Civil Procedure = section 404. The=20 motion shall be made in compliance with the = procedures=20 established by the Code of Civil Procedure = section=20 403 et seq. Coordination Motions = seeking to=20 transfer a case or cases to the central district = shall=20 be filed and heard in Department 1. Coordination = Motions=20 seeking to transfer a case or cases to a = district court=20 shall be heard by the Supervising Judge of the=20 applicable district.

(2)=20

In the event that any = party=20 seeks to coordinate a case assigned to a Judge = under=20 Code of Civil Procedure section 403 et = seq., with=20 one or more actions pending in different courts, = such=20 party shall file a petition in accordance with = the=20 procedures established by law. A copy of such = petition=20 shall be lodged contemporaneously with the Judge = assigned to the case.

(Rule 7.3(h) = [~~1/1/2000~~,=20 ~~1/1/2003~~, ~~1/1/08~~] (3) REPEALED, = effective=20 7/1/09.)

(i)=20

Assignment for = All=20 Purposes
Cases are assigned for all = purposes,=20 including trial. Except as the presiding judge = may=20 otherwise direct, each judge shall schedule, = hear and=20 decide all matters, including law and motion, = default=20 prove-ups and minor's compromises for each case=20 assigned.

(j)=20

Effect of Judge=20 Unavailability
Whenever a judge is=20 unavailable to serve in such capacity, whether = by reason=20 of death, retirement, resignation, elevation, or = is=20 otherwise unavailable, the cases previously = assigned to=20 such judge shall be reassigned to another or = replacement=20 judge, as the presiding judge shall determine. =

(k)=20

Complex=20 Litigation
(1)=20

The Complex Litigation = Program=20 of the Los Angeles Superior Court shall consist = of the=20 departments designated by Order of the Presiding = Judge.=20 Complex cases shall be filed in the districts = designated=20 according to Local Rule 2.0, subdivisions (b) = and (c).=20 Complex cases shall be designated or = counter-designated=20 as such in the civil cover sheet as provided by=20 California Rules of Court, rules 3.401-3.402. =

(2)=20

The Managing Judge of = the=20 Complex Litigation Program (or his/her designee) = shall=20 review all cases in which a plaintiff/petitioner = or a=20 defendant/respondent has designated or=20 counter-designated the case as complex pursuant = to the=20 California Rules of Court, rules 3.401-3.402, = and all=20 cases that are designated on the civil cover = sheet as=20 "provisionally" complex (see California Rules of = Court,=20 rule 3.400(c)). This review is to be conducted = as soon=20 as possible after the case is filed, in = consultation=20 with the judge to whom the case is assigned. The = Managing Judge (or his/her designee) shall = determine=20 (with or without a hearing) whether or not the = case=20 shall be designated as complex pursuant to = California=20 Rules of Court, rule 3.403. If the matter is = designated=20 as complex and if all parties have not yet paid = the=20 complex fee provided for by Government Code = section=20 26826.4, the court shall order payment of that = fee.=20

(3)=20

If the Managing Judge = of the=20 Complex Litigation Program (or his/her designee) = designates a case as complex, he or she shall = determine=20 whether or not the judge to whom the case has = been=20 assigned elects to keep the case and handle it = for all=20 purposes, including trial. If the judge to whom = the case=20 has been assigned does not elect to keep the = case for=20 all purposes, the case will be assigned to a = judge=20 sitting in a department that has been designated = as a=20 complex litigation department. Whether or not a = complex=20 case is reassigned to a complex litigation = department,=20 the case should be managed with due = consideration to=20 California Standards of Judicial Administration = section=20 19 and the case management concepts set forth in = the=20 Deskbook on Complex Civil Litigation published = by the=20 Judicial Council of California.

(4)=20

Nothing in this rule = shall be=20 construed to alter the continuing power of the = judicial=20 officer assigned to the case to decide at a = later date=20 that a civil action is a complex case or that an = action=20 previously declared to be a complex case is not = a=20 complex case. (See Cal. Rules of Court, rule = 3.403(b).)=20

(5)=20

In the event that the = judge to=20 whom a case is assigned determines that the case = is=20 complex even though it was not designated as = complex by=20 the Managing Judge of the Complex Litigation = Program (or=20 his/her designee), the judge may seek to = transfer the=20 case to the ComplexLitigation Program in the = following=20 manner. The judge to whom the case is assigned = or the=20 parties, on order of the court, shall complete = the=20 Complex Civil Case Questionnaire designated by = the=20 Managing Judge of the Complex Litigation = Program. The=20 Managing Judge of the Complex Litigation Program = (or his=20 or her designee) shall determine (with or = without a=20 hearing), whether or not the case should be = assigned to=20 the Complex Litigation Program in light of the = caseload=20 of the Program, the relative complexity of the = case=20 compared with cases then assigned to the = Program, and=20 the length of time the case has been pending. =

(6)=20

It is the policy of = the Los=20 Angeles Superior Court, consistent with = California Rules=20 of Court, rule 3.403, that it should be decided = as soon=20 as reasonably practicable after a case is filed = whether=20 the action is a complex case.

(Rule 7.3(k) = [Complex=20 Litigation newly added ~~1/1/06~~] subs.=20 (k)(2),(3),(4),(5),(6) old text REPEALED, new = text=20 added, (7)&(8) REPEALED ~~1/1/07~~, = amended and=20 effective 1/1/08.)=20

(Rule 7.3(k) = Temporary=20 Restraining Order and Preliminary Injunction -- = Central=20 District [~~1/1/2000~~] moved to Rule = 2.5(p)=20 4/1/2000.)

(l)=20

Default=20 Matters
Requests for entry of default = judgment pursuant to Code of Civil Procedure = section 585=20 may be heard by a default department to be = determined by=20 the Supervising Judge without otherwise = affecting the=20 assignment of the underlying case to the I/C = judge for=20 all purposes.=20

(Rule 7.3(l) newly = added and=20 effective 1/1/08.)

(Rule 7.3 = [~~1/1/94~~,=20 ~~1/1/95~~, ~~1/1/96~~, ~~3/1/96~~,=20 ~~7/1/96~~, ~~1/1/97~~, ~~7/1/98~~,=20 ~~1/1/2000~~, ~~4/1/2000~~, = ~~11/01/00~~,=20 ~~7/1/2002~~, ~~1/1/2003~~, = ~~7/1/2004~~,=20 ~~1/1/2006~~, ~~1/1/07~~, ~~7/1/07~~,=20 ~~1/1/08~~] amended and effective 1/1/09.) =

7.4=20

ASSIGNMENT OF CASES - = DISTRICTS=20 OTHER THAN CENTRAL

In districts other = than Central,=20 civil cases shall be assigned as directed by the = Supervising Judge. Each district is free to = choose=20 whether the civil case will be assigned for all = purposes=20 or through a master calendar or a combination = thereof.=20 Nevertheless, these Rules, unless otherwise = indicated,=20 are applicable to cases filed in the districts. = If a=20 district chooses an I/C system then LASCR, rule = 7.3,=20 will be implemented by the Supervising Judge of = the=20 district rather than the Presiding Judge or = Department=20 One, except that the procedure relating to = coordination=20 or related cases involving cases in different = districts=20 will be handled by Department One of the Central = District. (Amended and effective 1/1/95.)=20

(Rule 7.4 = [~~1/1/94~~]=20 amended and effective 1/1/95.)

7.5=20

CHALLENGE TO ASSIGNED = JUDGE=20

(a)=20

Time = Limitation--I/C=20 Cases
A challenge to an I/C Judge = under Code=20 of Civil Procedure Section 170.6 must be made = within 15=20 days of the party's first appearance (Government = Code=20 Section 68616(i)).

(b)=20

Manner of = Challenge -- I/C=20 Cases
In I/C cases such challenge = must be=20 made orally in open court or in writing before = the=20 assigned I/C Judge. The written declaration = required by=20 Code of Civil Procedure Section 170.6 shall = accompany=20 the challenge.

(c)=20

Time = Limitation--M/C=20 Cases
A challenge to an M/C Judge = under Code=20 of Civil Procedure Section 170.6 must be made in = accordance with the time limitations and = procedures set=20 forth therein. A reassignment of a case for = trial from=20 one judge to another made by the Presiding Judge = or=20 Assistant Presiding Judge is an assignment from = the=20 Master Calendar for purposes of Code of Civil = Procedure=20 Section 170.6.=20

(Rule 7.5(c) amended = and=20 effective 1/1/98.)

(d)=20

Manner of = Challenge --=20 Assignment of cases for trial
When an = M/C=20 case is assigned for trial, challenge must be = made=20 orally in open court or in writing in the Master = Calendar Department from which the case is = assigned. If=20 counsel have been placed on call and the = assignment is=20 made by telephone, the challenge must be stated = orally=20 during the telephone call in which the = assignment is=20 made, and must be confirmed in writing within = four court=20 hours by delivering a written challenge to the = Master=20 Calendar Department from which the case was = assigned.=20 Court hours are as prescribed by Rule 4.0(a).=20

When a case is = reassigned, by=20 or upon the authority of Department One or = another=20 Master Calendar department, from an I/C court to = another=20 court for trial or other limited purposes, the = following=20 rules apply: if the reassignment is made while = counsel=20 are present in the I/C courtroom, the challenge = must be=20 made orally in open court or in writing at the = time of=20 reassignment. If counsel have been placed on = call and=20 the assignment is communicated by telephone, the = challenge must be stated orally during the = telephone=20 call in which the assignment is communicated, = and must=20 be confirmed within four court hours by = delivering a=20 written challenge to the court from which the = telephone=20 call was made. Court hours are as prescribed by = Rule=20 4.0(a).=20

(Rule 7.5(d) = [~~1/1/98~~]=20 1st =C2=B6 amended, 2nd =C2=B6 added and = effective 1/1/2001.)=20

(e)=20

Effect of = Challenge or=20 Recusal
Upon the making of a timely = and=20 proper challenge under Code of Civil Procedure = Section=20 170.6 to an I/C Judge, the Judge shall = immediately=20 transfer the case to Department One or the = appropriate=20 District Supervising Judge for reassignment. In = no event=20 shall the assertion of a proper challenge, = whether under=20 Code of Civil Procedure Section 170.6, or any = other=20 statute, or any recusal by an I/C Judge, result = in the=20 case being redesignated as an M/C Case.=20

(Rule 7.5 = [~~1/1/94~~]=20 amended and effective 1/1/98.)

(f)=20

Challenges Under = Code of=20 Civil Procedure section 170.6 following Reversal = on=20 Appeal
Upon reversal of any decision = of a=20 trial court judge by the court of appeal, and = remand to=20 the trial court for further proceedings, the = case shall=20 be returned to the last assigned judge. The time = for=20 filing any motion under Code of Civil Procedure = section=20 170.6, after reversal and remand, shall begin to = run=20 from the date of issuance of the remittitur by = the court=20 of appeal.=20

(Rule 7.5(f) newly = added and=20 effective 7/1/07.)

(Rule 7.5 = [~~1/1/94~~,=20 ~~1/1/98~~, ~~1/1/2001~~] amended and = effective=20 7/1/07.)

7.6=20

DIFFERENTIAL CASE = MANAGEMENT=20 RULES

(a)=20

Purpose
In=20 accordance with Rules 3.710 to 3.715 of the = California=20 Rules of Court, this rule is adopted to advance = the=20 goals of Section 68603 of the Government Code = and=20 Standard 2.1 of the Standards of Judicial=20 Administration.=20

(Rule 7.6(a) = [~~1.1.94~~]=20 amended and effective 1/1/08.)

(b)=20 Application
This=20 rule shall apply to all civil cases not exempt = under=20 Rule 7.2(b).

(c)=20

Differentiation = of Cases=20 to Achieve Goals
(1)=20

Evaluation and = assignment. At=20 the first status conference or at an earlier = time deemed=20 appropriate by the court, the court shall = evaluate each=20 case as provided in subdivision (d) below. After = evaluation, the court shall assign each case to = one of=20 the three case-management plans in subdivision = (c)(2) or=20 exempt the case under subdivision (c)(3) from = the=20 case-disposition time goals provided under = Section 2.1=20 of the Standards. The court may modify the = assigned=20 case-management plan at any time for good cause = shown.=20

(2)=20

Case-management plans. = The goals=20 for disposition under the following = case-management=20 plans shall be from the date of filing:
(a)=20

Plan 1, disposition = within 12=20 months,

(b)=20

Plan 2, disposition = within 18=20 months,

(c)=20

Plan 3, disposition = within 24=20 months.

(3)=20

Exceptional cases. The = court may=20 in the interest of justice exempt a general = civil case=20 from the case-disposition time goals if it finds = the=20 case involves exceptional circumstances that = will=20 prevent the court and the parties from meeting = the goals=20 and deadlines imposed by the program. In making = the=20 determination, the court shall be guided by = subdivision=20 (d) below. If the court exempts the case from = the=20 case-disposition time goals, the court shall = establish a=20 case-progression plan and monitor the case to = ensure=20 timely disposition consistent with the = exceptional=20 circumstances, with a goal for disposition = within three=20 years.

(d)=20

Case Evaluation=20 Factors
In applying subdivision (c) = above,=20 the court shall estimate the maximum time that = will=20 reasonably be required to dispose of each case = in a just=20 and effective manner. The court shall consider = the=20 following factors and any other information the = court=20 deems relevant, understanding that no one factor = or set=20 of factors shall be controlling and that cases = may have=20 unique characteristics incapable of precise = definition:=20
(1)=20

Type and subject = matter of the=20 action,

(2)=20

Number of causes of = action or=20 affirmative defenses alleged,

(3)=20

Number of parties with = separate=20 interests,

(4)=20

Number of = cross-complaints and=20 the subject matter,

(5)=20

Complexity of issues, = including=20 issues of first impression,

(6)=20

Difficulty in = identifying,=20 locating, and serving parties,

(7)=20

Nature and extent of = discovery=20 anticipated,

(8)=20

Number and location of = percipient and expert witnesses,

(9)=20

Estimated length of = trial,=20

(10)=20

Whether some or all = issues can=20 be arbitrated, or should be referred to any = other form=20 of Alternative Dispute Resolution,

(11)=20

Statutory priority for = the=20 issues,

(12)=20

Likelihood of review = by writ or=20 appeal,

(13)=20

Amount in controversy = and the=20 type of remedy sought, including measure of = damages,=20

(14)=20

Pendency of other = actions or=20 proceedings which may affect the case, =

(15)=20

Nature and extent of = law and=20 motion proceedings anticipated,

(16)=20

Nature and extent of = the=20 injuries and damages,

(17)=20

Pendency of = under-insured=20 claims, and

(18)=20

Any other factor that = would=20 affect the time for disposition of the case. =

(Rule 7.6(d) = [~~1/1/94~~]=20 amended and effective 1/1/2003.)

(Rule 7.6 = [~~1/1/94~~,=20 ~~1/1/2003~~] amended and effective 1/1/08.) =

7.7=20

(RESERVED) =

(Rule 7.7 DISPOSITION = OF CASES=20 [~~1/1/94~~, ~~7/1/95~~, ~~7/1/98~~,=20 ~~1/1/03~~] REPEALED 1/1/2004.)

7.8=20

CASE REMOVED TO FEDERAL = COURT=20

In the event a case is = removed=20 to federal court, the court will order a date, = not=20 earlier than 90 days from the date of removal, = by which=20 counsel shall file a Notice of Status of Removed = Case.=20 If the case has not remanded to the trial court = by that=20 time, it will be recorded as completed without = the need=20 to conduct a further status conference.=20

(Rule 7.8 effective = 1/1/94.)=20

7.9=20

CASE MANAGEMENT = CONFERENCES=20

(a)=20

Case Management=20 Conference/Review
(1)=20

Except for cases = exempt under=20 California Rules of Court, rule 3.721, in all = unlimited=20 civil cases, the case management conference = shall be=20 held not later than 180 days after the complaint = is=20 filed. At the case management conference, = counsel (and=20 any party in propria persona) shall = appear and be=20 fully prepared to discuss, and the court may = make orders=20 concerning, the matters set forth in California = Rules of=20 Court, rule 3.727.

(2)=20

In all limited civil = cases, the=20 court shall conduct a case management review no = later=20 than 180 days after the complaint is filed. A = case=20 management conference shall not be held and = counsel and=20 self-represented parties need not attend a case=20 management conference, unless otherwise ordered = by the=20 court.

(3)=20

After the case = management=20 conference or review, the court must enter a = case=20 management order in accordance with California = Rules of=20 Court, rule 3.728.

(4)=20

This rule shall not = apply to=20 family law, probate, juvenile court, small = claims,=20 unlawful detainer, and civil petition cases. =

(Rule 7.9(a) = [re-titled, (1)=20 amended, (2) through (4) newly added = ~~1/1/2003~~]=20 amended and effective 1/1/08.)

(b)=20

Conduct of Case = Management=20 Conference/Review
(1)=20

Unless the court = orders another=20 time period, no later than 30 calendar days = before the=20 date set for the case management conference or = review,=20 the parties shall meet and confer, in person or = by=20 telephone, to consider each of the issues = identified in=20 California Rules of Court, rules 3.724 and = 3.727.=20

(2)=20

No later than 15 = calendar days=20 before the date set for the case management = conference=20 or review, each party must file a case = management=20 statement using Judicial Council Form CM-110, = and serve=20 it on all parties in the case. (Cal. Rules of = Court,=20 rule 3.725.)

(Rule = 7.9(b)(1)&(2) [newly=20 added ~~1/1/2003~~] amended and effective = 1/1/08.)=20

(c)=20

Alternative = Dispute=20 Resolution
The court shall refer all=20 appropriate cases to judicial arbitration or = mediation=20 consistent with Government Code section 68616 = (g). When=20 a case is referred to arbitration or mediation, = counsel=20 shall select the arbitrator or mediator and if = they=20 cannot agree, the court will designate the = arbitrator or=20 mediator and alternates by the end of the day. = The ADR=20 Office shall maintain a list of arbitrators and=20 mediators. The list of mediators shall be = composed of=20 persons who have completed a minimum of 25 hours = of=20 mediation training. The list of arbitrators = shall be=20 composed of active members of the state bar and = retired=20 judges of courts of record. The court will set = the dates=20 for completion of the arbitration or mediation = and any=20 further status conference following arbitration = or=20 mediation. Consistent with California Rules of = Court,=20 rules 3.821 and 3.825, the arbitrator's award = must be=20 filed within 10 days of the arbitration hearing. = Consistent with California Rules of Court, rules = 3.875=20 and 3.876, the mediator's statement of agreement = or=20 non-agreement must be filed within 10 days after = the=20 completion of the mediation. An arbitration = report shall=20 be filed by plaintiff in the appropriate court = five=20 court days before the furtherstatus conference. = Other=20 alternative dispute procedures should be = considered,=20 such as mini-trials. Counsel should ensure = compliance=20 with all ADR Rules set forth in Chapter Twelve.=20

(Rule 7.9(c) [as = (b)(1)=20 ~~1/1/2001~~, renumbered, (2)&(3) = repealed=20 ~~1/1/03~~, ~~7/1/03~~] amended and = effective=20 1/1/08.)

(d)=20

Setting of = Settlement=20 Conference
The court may set a = settlement=20 conference on its own motion or at the request = of any=20 party.
(1)=20

Attendance. Unless = expressly=20 excused for good cause by the judge, all persons = whose=20 consent is required to effect a binding = settlement shall=20 be personally present at a scheduled settlement=20 conference. Included among such persons are: the = litigants (unless consent of the particular = litigant is=20 not required for the settlement); an authorized=20 representative of any insurance company which = has=20 coverage involved in the case; and an authorized = representative of a corporation or other = business or=20 government entity which is a litigant. Such = persons=20 shall have full authority to make decisions or = negotiate=20 concerning the settlement of the case.

(2) =

Excuse From = Attendance. Any=20 request to the court to excuse attendance of any = such=20 person shall be by written stipulation of the = parties or=20 by an ex parte application that = complies=20 with Rule 9.9. A person excused by the = court shall=20 be immediately available for telephone = communication=20 with counsel and the court at the time set for = the=20 settlement conference.

(3)=20

Familiarity With Case. = Attorneys=20 for all parties appearing in the action shall = attend the=20 conference and be intimately familiar with the = pertinent=20 available evidence involving both liability and = damages.=20 Such attorney shall be prepared to discuss the = case in=20 depth and, except for good cause shown, shall be = the=20 attorney who will try the case.

(4)=20

Liens. Plaintiff's = attorney=20 shall ascertain whether there are liens which = bear on a=20 potential settlement and, if so, request the = claimants=20 or their representatives to attend the = conference or be=20 available for telephone communication during the = conference.

(Rule 7.9(d)(1) = through (4)=20 renumbered, amended and effective 1/1/2003.) =

(e)=20

Written = Statements for=20 Settlement Conferences
Each party = shall=20 submit to the court and serve upon adversaries a = written=20 statement not later than five calendar days = before the=20 conference.=20

The written statement = shall=20 contain a concise statement of the material = facts of the=20 case and the factual and legal contentions in = dispute.=20 The statement also shall identify all parties = and their=20 capacities in the action and contain citations = of=20 authorities which support legal propositions = important=20 to resolution of the case. The written statement = of a=20 party claiming damages shall contain a list of = all=20 special damages claimed as well as a statement = of any=20 amounts claimed as general and punitive damages = and the=20 total amount claimed as damages.=20

The written statement = shall be=20 submitted directly to the courtroom in which the = settlement conference is calendared and shall = not be=20 sent to the court generally or to the clerk's = office.=20 The written statements will not be filed since = they are=20 only used at the settlement conference and will = be=20 returned to counsel at the conclusion of the = conference.=20

In a personal injury = action the=20 special damages shall be listed. The list shall = include=20 all such expenses incurred to the time of the = settlement=20 conference. The statements shall also include = the=20 general status of the case including offers for=20 settlement in place.=20

(Rule 7.9(e) = renumbered and=20 effective 1/1/2003.)

(f)=20

Court to be = Notified of=20 Settlement
Reference California Rules = of=20 Court, rule 3.1385. If a case is settled, the = plaintiff=20 or plaintiff's counsel must immediately file = written=20 notice of the settlement or other disposition = with the=20 Court and serve a copy of said notice on the ADR = neutral=20 and the ADR Clerk involved in the case. The = plaintiff=20 must also immediately give oral notice to allof = the=20 above, if a hearing, conference or trial is = imminent. If=20 the plaintiff or other party seeking affirmative = relief=20 does not notify the court-connected ADR neutral = involved=20 in the case of a settlement at least 2 days = before a=20 scheduled hearing or session, the court may = order the=20 party to compensate the neutral. The amount of=20 compensation may not be less than $150 and may = not=20 exceed $450.=20

The Application and = Motion for=20 Compensation must be filed by the neutral within = 5 court=20 days of the scheduled hearing or session. If a = dismissal=20 has been filed, the court maintains jurisdiction = to hear=20 the Application and Motion for Compensation.=20

(Rule 7.9(f) = [renumbered as=20 (b) ~~11/01/00~~, ~~1/01/2001~~, = renumbered as=20 (f) ~~1/1/03~~, ~~7/1/03~~, new text=20 1/1/05] amended and effective 1/1/08.) =

(g)=20

Setting of the = Trial=20 Date
A trial date shall be set in = accordance=20 with the goals as set forth in Rule 7.0(d) and = with=20 those priorities authorized or mandated by law. = There=20 will be no delay in setting the case for trial = because=20 counsel have delayed conducting discovery or = otherwise=20 delayed processing the case.=20

(Rule 7.9(g) = renumbered from=20 (c) and effective 1/1/2003.)

(h)=20

Final Trial=20 Preparation
The court shall require = counsel=20 to attend a final status conference, which shall = be held=20 not more than 10 days prior to the trial date. = The=20 conference on I/C cases will be held before the = assigned=20 I/C judge; on M/C cases, the conference will be = held in=20 a department to be designated. At least 5 days = prior to=20 this conference, counsel must have exchanged and = filed=20 lists of pre-marked exhibits (See rules 8.61=20 -8.63)=20 to be used at trial, jury instruction requests, = trial=20 witness lists, and a proposed short statement of = the=20 case to be read to the jury panel explaining the = case.=20 Failure to exchange and file these items may = result in=20 not being able to call witnesses, present = exhibits at=20 trial, or have a jury trial. If actual trial = does not=20 commence within 30 days of the set trial date = any party=20 has the right to request a modification of any = final=20 status conference order or any previously = submitted=20 required exchange list.=20

In an I/C case, the = parties=20 shall file and serve any trial preparation = motions and=20 dispositive motions, other than summary judgment = motions, including motions in limine or=20 bifurcation motion, with timely statutory notice = so as=20 to be heard on the day of this final status = conference.=20 Unless the court orders otherwise, lead trial = counsel=20 must attend the final status conference. At this = conference, the court will also consider, = inter=20 alia, major evidentiary issues and special = verdict=20 issues. In M/C cases, the parties shall file and = serve=20 any such trial preparation motions at least five = days=20 before the final status conference and they = shall be set=20 for hearing on the first day of trial.=20

In addition, at the = final=20 status conference the court shall consider = severing for=20 trial all unserved or recently served = fictitiously named=20 parties.=20

(Rule 7.9(h) = [renumbered from=20 (d) ~~1/1/2003~~, ~~1/1/05~~] amended and=20 effective 1/1/06.)

(i)=20

Discretionary = Final Status=20 Conference Preparation = Orders
Notwithstanding=20 the provisions of Rule 7.9, subdivision (h), = pursuant to=20 the case differentiation principles of case = management=20 (Cal. Rules of Court, rule 3.710 et = seq.), the=20 court in its discretion may order, among other = case=20 management techniques, one or more of the = following=20 procedures:
(1)=20

A final status = conference to be=20 held more than 10 days before the trial date; =

(2)=20

An 'in person' meeting = of the=20 parties before the final status conference = concerning=20 the submission to the court of joint trial = documents;=20

(3)=20

The submission of = trial=20 documents to the court more than 5 days before = the final=20 status conference;

(4)=20

A joint statement to = be read to=20 the jury;

(5)=20

A joint witness list; =

(6)=20

A joint exhibit list; =

(7)=20

A set of agreed jury=20 instructions (and, if necessary, a separate set = of=20 instructions to which there is disagreement), in = the=20 proper format with all changes and modifications = applicable to the case in accordance with = California=20 Rules of Court, rule 2.1055, (i.e., = correct=20 references to the parties, no blanks, brackets, = empty=20 spaces or inapplicable options);

(8)=20

An agreed special = verdict form=20 with interrogatories, unless the court has = ordered a=20 general verdict form. (Rule 7.9(i) newly added = 1/1/06.)=20

(Rule 7.9 = [~~1/1/94~~,=20 ~~1/1/95~~, ~~7/1/95~~, ~~7/1/97~~,=20 ~~1/1/98~~, ~~7/1/98~~, ~~11/01/00~~,=20 ~~1/1/2001~~, re-titled & amended=20 ~~1/1/2003~~, ~~7/1/03~~, ~~1/1/05~~,=20 ~~1/1/06~~] amended and effective 1/1/08.) =

7.10=20

(RESERVED) =

(Rule 7.10(b) = 30-Day=20 Stipulated Continuance [~~1/1/94~~]=20 REPEALED effective 1/1/2003.)=20

(Rule 7.10(a)=20 Stipulations [~~1/1/94~~, = ~~1/1/2003~~]=20 REPEALED effective 1/1/2005.)=20

(Rule 7.10 = [~~1/1/94~~,=20 ~~1/1/2003~~] REPEALED effective = 1/1/2005.)=20

7.11=20

CIVIL TRIALS = PROCEDURE=20

The provisions of = Chapter Eight=20 (Civil Trial Procedure) apply to all I/C and M/C = cases,=20 except to the extent that they are inconsistent = with=20 these Rules. Counsel are expected to be = thoroughly=20 familiar with Chapter 8 and should understand = that it is=20 the Court's intention to strictly enforce the = same.=20

(Rule 7.11 effective = 1/1/94.)=20

7.12=20

LITIGATION CONDUCT=20

The following = "guidelines"=20 adopted by the Los Angeles County Bar = Association are=20 adopted as civility in litigation = recommendations to=20 members of the bar. (Rule 7.12 opening amended = and=20 effective July 1, 2000.)
(a)=20

Continuances and = Extensions of Time
(1)=20

First requests for = reasonable=20 extensions of time to respond to litigation = deadlines,=20 whether relating to pleadings, discovery or = motions,=20 should ordinarily be granted as a matter of = courtesy=20 unless time is of the essence. A first extension = should=20 be allowed even if the counsel requesting it has = previously refused to grant an extension. =

(2)=20

After a first = extension, any=20 additional requests for time should be dealt = with by=20 balancing the need for expedition against the = deference=20 one should ordinarily give to an opponent's = schedule of=20 professional and personal engagements, the=20 reasonableness of the length of extension = requested, the=20 opponent's willingness to grant reciprocal = extensions,=20 the time actually needed for the task, and = whether it is=20 likely a court would grant the extension if = asked to do=20 so.

(3)=20

A lawyer should advise = clients=20 against the strategy of granting no time = extensions for=20 the sake of appearing "tough".

(4)=20

A lawyer should not = seek=20 extensions or continuances for the purpose of = harassment=20 or prolonging litigation.

(5)=20

A lawyer should not = attach to=20 extensions unfair and extraneous conditions. A = lawyer is=20 entitled to impose conditions such as preserving = rights=20 that an extension might jeopardize or seeking = reciprocal=20 scheduling concessions. A lawyer should not, by = granting=20 extensions, seek to preclude an opponent's = substantive=20 rights, such as his or her right to move against = a=20 complaint.

(b)=20

Service of=20 Papers
(1)=20

The timing and manner = of service=20 of papers should not be used to the disadvantage = of the=20 party receiving the papers.

(2)=20

Papers should not be = served=20 sufficiently close to a court appearance so as = to=20 inhibit the ability of opposing counsel to = prepare for=20 that appearance or, where permitted by law, to = respond=20 to the papers.

(3)=20

Papers should not be = served in=20 order to take advantage of an opponent's known = absence=20 from the office or at a time or in a manner = designed to=20 inconvenience an adversary, such as late on = Friday=20 afternoon or the day preceding a secular or = religious=20 holiday.

(4)=20

Service should be made = personally or by facsimile transmission when it = is=20 likely that service by mail, even when allowed, = will=20 prejudice the opposing party.

(c)=20

Written = Submissions to a=20 Court, Including Briefs, Memoranda, Affidavits = and=20 Declarations
(1)=20

Written briefs or = memoranda or=20 points and authorities should not rely on facts = that are=20 not properly part of the record. A litigant may, = however, present historical, economic, or = sociological=20 data if such data appear in or are derived from=20 generally available sources.

(2)=20

Neither written = submissions nor=20 oral presentations should disparage the = intelligence,=20 ethics, morals, integrity or personal behavior = of one's=20 adversaries, unless such things are directly and = necessarily in issue.

(d)=20

Communications = With=20 Adversaries
(1)=20

Counsel should at all = times be=20 civil and courteous in communicating with = adversaries,=20 whether in writing or orally.

(2)=20

Letters should not be = written to=20 ascribe to one's adversary a position he or she = has not=20 taken or to create "a record" of events that = have not=20 occurred.

(3)=20

Letters intended only = to make a=20 record should be used sparingly and only when = thought to=20 be necessary under all the circumstances. =

(4)=20

Unless specifically = permitted or=20 invited by the court, letters between counsel = should not=20 be sent to judges.

(e)=20

Depositions
(1)=20

Depositions should be = taken only=20 where actually needed to ascertain facts or = information=20 or to perpetuate testimony. They should never be = used as=20 a means of harassment or to generate expense. =

(2)=20

In scheduling = depositions,=20 reasonable consideration should be given to=20 accommodating schedules or opposing counsel and = of the=20 deponent, where it is possible to do so without=20 prejudicing the client's rights.

(3)=20

When a deposition is = noticed by=20 another party in the reasonably near future, = counsel=20 should ordinarily not notice another deposition = for an=20 earlier date without the agreement of opposing = counsel.=20

(4)=20

Counsel should not = attempt to=20 delay a deposition for dilatory purposes but = only if=20 necessary to meet real scheduling problems. =

(5)=20

Counsel should not = inquire into=20 a deponent's personal affairs or question a = deponent's=20 integrity where such inquiry is irrelevant to = the=20 subject matter of the deposition.

(6)=20

Counsel should refrain = from=20 repetitive or argumentative questions or those = asked=20 solely for purposes of harassment.

(7)=20

Counsel defending a = deposition=20 should limit objections to those that are well = founded=20 and necessary for the protection of a client's = interest.=20 Counsel should bear in mind that most objections = are=20 preserved and need be interposed only when the = form of a=20 question is defective or privileged information = is=20 sought.

(8)=20

While a question is = pending,=20 counsel should not, through objections or = otherwise,=20 coach the deponent or suggest answers.

(9) =

Counsel should not = direct a=20 deponent to refuse to answer questions unless = they seek=20 privileged information or are manifestly = irrelevant or=20 calculated to harass.

(10)=20

Counsel for all = parties should=20 refrain from self-serving speeches during = depositions.=20

(11)=20

Counsel should not = engage in any=20 conduct during a deposition that would not be = allowed in=20 the presence of a judicial officer. =

(f)=20

Document=20 Demands
(1)=20

Demands for production = of=20 documents should be limited to documents = actually and=20 reasonably believed to be needed for the = prosecution or=20 defense of an action and not made to harass or = embarrass=20 a party or witness or to impose an inordinate = burden or=20 expense in responding.

(2)=20

Demands for document = production=20 should not be so broad as to encompass documents = clearly=20 not relevant to the subject matter of the case.=20

(3)=20

In responding to = document=20 demands, counsel should not strain to interpret = the=20 request in an artificially restrictive manner in = order=20 to avoid disclosure.

(4)=20

Documents should be = withheld on=20 the grounds of privilege only where appropriate. =

(5)=20

Counsel should not = produce=20 documents in a disorganized or unintelligible = fashion,=20 or in a way calculated to hide or obscure the = existence=20 of particular documents.

(6)=20

Document production = should not=20 be delayed to prevent opposing counsel from = inspecting=20 documents prior to scheduled depositions or for = any=20 other tactical reason.

(g)=20 Interrogatories
(1)=20

Interrogatories should = be used=20 sparingly and never to harass or impose undue = burden or=20 expense on adversaries.

(2)=20

Interrogatories should = not be=20 read by the recipient in an artificial manner = designed=20 to assure that answers are not truly responsive. =

(3)=20

Objections to = interrogatories=20 should be based on a good faith belief in their = merit=20 and not be made for the purpose of withholding = relevant=20 information. If an interrogatory is = objectionable only=20 in part, the unobjectionable portion should be = answered.=20

(h)=20

Motion=20 Practice
(1)=20

Before filing a = motion, counsel=20 should engage in more than a mere pro forma = discussion=20 of its purpose in an effort to resolve the = issue.=20

(2)=20

A lawyer should not = force his or=20 her adversary to make a motion and then not = oppose it.=20

(i)=20

Dealing with = Non-Party=20 Witness
(1)=20

Counsel should not = issue=20 subpoenas to non-party witnesses except in = connection=20 with their appearance at a hearing, trial or = deposition.=20

(2)=20

Deposition subpoenas = should be=20 accompanied by notices of deposition with copies = to all=20 counsel.

(3)=20

Where counsel obtains = documents=20 pursuant to a deposition subpoena, copies of the = documents should be made available to the = adversary at=20 his or her expense even if the deposition is = canceled or=20 adjourned.

(j)=20

Ex Parte=20 Communications with the Court
(1)=20

A lawyer should avoid = ex=20 parte communication on the substance of a = pending=20 case with a judge (or his or her law clerk) = before whom=20 such case is pending.

(2)=20

Even where applicable = laws or=20 rules permit an ex parte application or=20 communication to the court, before making such = an=20 application or communication, a lawyer should = make=20 diligent efforts to notify the opposing party or = a=20 lawyer known to represent or likely to represent = the=20 opposing party and should make reasonable = efforts to=20 accommodate the schedule of such lawyer to = permit the=20 opposing party to be represented on the = application.=20

(3)=20

Where the rules permit = an ex=20 parte application or communication to the = court in=20 an emergency situation, a lawyer should make = such an=20 application or communication (including an = application=20 to shorten an otherwise applicable time period) = only=20 where there is a bona fide emergency such that = the=20 lawyer's client will be seriously prejudiced by = a=20 failure to make the application or communication = on=20 regular notice.

(k)=20

Settlement and = Alternative=20 Dispute Resolution
(1)=20

Except where there are = strong=20 and overriding issues of principle, an attorney = should=20 raise and explore the issue of settlement in = every case=20 as soon as enough is known about the case to = make=20 settlement discussions meaningful.

(2)=20

Counsel should not = falsely hold=20 out the possibility of settlement as a means for = adjourning discovery or delaying trial. =

(3)=20

In every case, counsel = should=20 consider and discuss with the client whether the = client=E2=80=99s interest could be adequately = served and the=20 controversy more expeditiously and economically = disposed=20 of by arbitration, mediation or other forms of=20 alternative dispute resolution.

(4)=20

Counsel are encouraged = to=20 discuss the various ADR processes with their = clients and=20 explain the confidentiality and non-binding = nature of=20 the selected process.

(5)=20

The court ADR program = may be=20 used for 1 pro bono ADR process through an ADR = hearing.=20 The court ADR program is available for an = additional ADR=20 process, if the parties want to retain the court = ADR=20 Neutral on a private basis.

(Rule 7.12(k) amended = and=20 effective 1/1/2003.)

(l)=20

Trials and=20 Hearings
(1)=20

Counsel should be = punctual and=20 prepared for any court appearance.

(2)=20

Counsel should always = deal with=20 parties, counsel, witnesses, jurors or = prospective=20 jurors, court personnel and the judge with = courtesy and=20 civility.

(Rule 7.12 = [~~1/1/94~~,=20 REPEALED in part by CRC 981.1 = ~~7/1/2000~~]=20 amended and effective 1/1/2003.)

7.13=20

SANCTIONS =

The court may impose = appropriate=20 sanctions for the failure or refusal (1) to = comply with=20 the Rules, (2) to comply with any order made = hereunder=20 or (3) to meet the time standards and/or = deadlines=20 established herein. Counsel are directed to Code = of=20 Civil Procedure sections 128, 128.7, 177.5, = 575.2,=20 583.150, 583.430, 2016 through 2036, Government = Code=20 section 68609(d), and Rule 2.30 of the = California Rules=20 of Court. Such sanctions may be imposed on a = party=20 and/or, if appropriate, on counsel for such = party. While=20 the court may impose sanctions for specified = conduct,=20 the court should do so sparingly and only when = clearly=20 warranted.=20

(Rule 7.13 = [~~1/1/94~~,=20 ~~7/1/06~~] amended and effective 1/1/08.) =

7.14=20

EXCEPTION ORDERS=20

Nothing in the Rules = shall be=20 interpreted to prevent the court in an = individual case=20 from issuing an exception order based on a = specific=20 finding that the interests of justice require a=20 modification of the routine procedures = prescribed=20 herein.=20

(Rule 7.14 effective = 1/1/94.)=20

MISCELLANEOUS =

7.15=20

(RESERVED) =

(Rule 7.15 = [~~1/1/94~~] DATA=20 PROCESSING CONTROL FORMS REPEALED = 7/1/98.)=20

7.16=20

TRANSCRIPT OF = PROCEEDINGS=20

(a)=20

Whenever a party = requests a=20 transcript of all or a part of a trial or = proceedings,=20 the reporter or electronic recording monitor = shall=20 forthwith inform all other parties of such = request and=20 inquire whether any of such parties desire a = copy of=20 such transcript.

(b)=20

The Court, as = depository of=20 fees, shall charge for administering the Court = Report=20 Trust Fund. The fee shall be assessed at the = time the=20 Court Reporter's Fees are deposited with the = Court.=20 (Rule 7.16(b) added & effective 3/1/96.) =

(Rule 7.16 [1/1/94] = amended and=20 effective 3/1/96.)

7.17=20

ARBITRATION = PROCEEDINGS,=20 IMPOSITION OF SANCTIONS RE SETTLEMENT -- = REPEALED=20 . Duplicated in Rule 12.5

(Rule 7.17 = [~~1/1/94~~]=20 REPEALED 7/1/95.)

7.18=20

(RESERVED) =

(Rule 7.18 [1/1/94] = DATA=20 PROCESSING CONTROL FORMS REPEALED = 7/1/98.)=20

7.19=20

(RESERVED) =

(Rule 7.19 = [~~1/1/94~~]=20 CONFIDENTIALITY AGREEMENTS AND PROTECTIVE ORDERS = REPEALED July 1, 2002.)

7.20=20

TELEPHONIC = APPEARANCES=20

(a)=20

Counsel for any party = may=20 request to appear by telephone at any pretrial = hearing=20 at which no evidence will be taken, except the=20 following:
(1)=20

A status conference = that is held=20 for any purpose other than, or in addition to, = setting=20 the case for trial;

(2)=20

A settlement = conference;=20

(3)=20

A mediation or = judicial=20 arbitration proceeding;

(4)=20

An application for a = Temporary=20 Restraining Order;

(5)=20

An ex parte = application=20 for any order other than:
a)=20

permission to file = Points &=20 Authorities in excess of the applicable page = limits;=20

b)=20

to set hearing dates = on=20 alternative writs and orders to show cause; =

c)=20

to obtain approval of = a=20 stipulation or other proposed order of the = court;=20

(6)=20

Any hearing at which = the judge=20 or hearing officer decides that the personal = appearance=20 of counsel will materially assist in a = determination of=20 the proceeding or in resolution of the case.=20

(b)=20

Counsel desiring to = appear by=20 telephone shall request to do so in the time and = in the=20 manner required by California Rules of Court, = Rule=20 3.670. The request will be deemed approved, = unless the=20 court gives notice to the contrary.=20

(Rule 7.20(b) = [~~1/1/2000~~]=20 amended and effective 1/1/08.)

(c)=20

The court has entered = into a=20 contract with a private vendor who may provide=20 teleconferencing services for court appearances, = but=20 only for hearings before those judges who elect = to=20 participate in the contractor's program. Counsel = who are=20 contacted by the contractor shall follow the=20 contractor's instructions with respect to = implementation=20 of the telephonic appearance. The contractor may = charge=20 counsel appearing by telephone a reasonable fee, = specified in the contract, for the contractor's=20 services. Unless notified to the contrary by the = contractor or by the clerk, a party requesting = to appear=20 by telephone shall telephone the clerk in the = department=20 in which the hearing is calendared no less than = 15=20 minutes before the time at which the hearing is = set, and=20 said party shall follow the instructions of the = clerk=20 with respect to the implementation of the = telephonic=20 appearance.

(d)=20

A hearing in which a = telephonic=20 appearance is noticed shall be set on the = court's=20 regular calendar at the same time as all similar = matters=20 not involving telephonic appearances are heard. =

(Rule 7.20 = [~~1/1/2000~~]=20 amended and effective 1/1/08.)

Click on the links = below:

Proposed=20 Rule Revisions August 18,=20 2009

Proposed=20 Rule Revisions June 29,=20 2009

Proposed=20 Rule Revisions May 26,=20 2009

Proposed=20 Rule Revisions April 23,=20 2009

Proposed=20 Rule Revisions February 24,=20 2009

Proposed=20 Rule Revisions December 17,=20 2008