Los Angeles County trial document templates

Written settlement conference statement

Prepared by each party. Lodged, no later than five court days before the settlement conference. Applies to any civil case in which the court sets a settlement conference. LASC Rule 3.25(e)

The county rule requires this document and does not say what goes in it. That is the rule’s silence, not a gap here. Your department’s order is where the contents will be.

Expert witness list and appraisal

Prepared by each party. Served only, on the exchange date the court sets at the initial case management conference, no sooner than nine months after the complaint is filed and at least 90 days before trial absent good cause. Applies to eminent domain and inverse condemnation only. LASC Rule 3.240(b)

The county rule requires this document and does not say what goes in it. That is the rule’s silence, not a gap here. Your department’s order is where the contents will be.

Lists of pre-marked exhibits to be used at trial

Prepared by each party. Filed and served, at least five days before the final status conference. Applies to all civil trials. LASC Rule 3.25(f)(1)

1. Exchange and pre-numbering of the exhibits before trial
   • All exhibits exchanged before trial
   • All exhibits pre-numbered before any reference to them by counsel or a witness
   • Exhibits anticipated in good faith for use in impeachment, which are excepted from the exchange and pre-numbering requirement
2. How the exhibits on the list are numbered and paginated
   • Arabic numerals
   • A block of numbers allocated to each party, used sequentially by that party
   • Internal pagination in sequential numerical order for any documentary exhibit of more than one page
3. Joint exhibit list, when the court orders one in place of separate lists
   • A single joint exhibit list covering all parties

Jury instruction requests

Prepared by each party. Filed and served, at least five days before the final status conference. Applies to jury trials only. LASC Rule 3.25(f)(1)

1. Agreed and disputed sets, when the court orders them
   • A set of agreed jury instructions
   • If necessary, a separate set of instructions to which there is disagreement
   • Proper format under California Rules of Court, rule 2.1055
   • All changes and modifications applicable to the case
   • No blanks, brackets, empty spaces or inapplicable options left in
2. Completion of proposed CACI and other instructions before delivery
   • All blanks filled in
   • All strike-outs made
   • All insertions made
   • All modifications appropriate to the case made
3. Format of proposed instructions other than CACI instructions
   • Conformity with California Rules of Court, rule 2.1055
   • Citations of authorities for the instruction
   • Indication of the party requesting the instruction
   • How the instruction was modified from a related CACI instruction
   • Written form for any instruction requested after the evidence closes
4. Classification of the parties' instructions before the jury instruction conference
   • A meeting of counsel before the conference to discuss each other's jury instructions
   • Instructions classified as withdrawn
   • Instructions classified as agreed
   • Instructions classified as agreed subject to a stipulated modification
5. Copies of instructions that go into the jury room
   • The title removed
   • The citation of authority removed
   • The identity of the requesting party removed
   • Stricken portions totally obliterated
   • Handwritten additions made legible

Trial witness list

Prepared by each party. Filed and served, at least five days before the final status conference. Applies to all civil trials. LASC Rule 3.25(f)(1)

1. Joint witness list, when the court orders one in place of separate lists
   • A single joint witness list covering all parties

Proposed short statement of the case to be read to the jury panel

Prepared by each party. Filed and served, at least five days before the final status conference. Applies to jury trials only. LASC Rule 3.25(f)(1)

1. Joint statement to be read to the jury, when the court orders one
   • A single joint statement to be read to the jury in place of each party's own proposed statement
2. Settlement of the text at the trial conference
   • The text of a brief statement of the case suitable to be read by the trial judge to the panel of prospective jurors

Trial preparation and dispositive motions, including motions in limine

Prepared by each party. Filed and served, in a case assigned to one judge for all purposes, with timely statutory notice so the motion is heard on the day of the final status conference; in a master calendar assigned case, at least five days before the final status conference, to be heard on the first day of trial. Applies to all civil trials, excluding summary judgment motions, which are not filed on this track. LASC Rule 3.25(f)(2)

1. Declaration accompanying a motion to preclude mention or display of inadmissible and prejudicial matter
   • Identification of the inadmissible and prejudicial matter
   • A representation that the subject of the motion was discussed with opposing counsel
   • A representation that opposing counsel either indicated the matter would be mentioned or refused to stipulate that it would not be mentioned
   • A statement of the specific prejudice that will result if the motion is denied
2. Relief a motion in limine may not seek
   • No summary judgment or summary adjudication of an issue, which may only be sought in compliance with Code of Civil Procedure section 437c
   • No order trying one issue before the trial of another issue, which may only be sought in compliance with Code of Civil Procedure section 598

Final offer and final demand

Prepared by each party. Filed and served, at least 20 calendar days before trial, unless the parties agree to exchange and file them at the close of the mandatory settlement conference. Applies to eminent domain and inverse condemnation only. LASC Rule 3.246

The county rule requires this document and does not say what goes in it. That is the rule’s silence, not a gap here. Your department’s order is where the contents will be.

Signed depositions lodged with the clerk

Prepared by not stated. Lodged, before the commencement of trial. Applies to all civil trials, unless signing is waived or the deposition officer certifies under Code of Civil Procedure section 2025.540. LASC Rule 3.56

The county rule requires this document and does not say what goes in it. That is the rule’s silence, not a gap here. Your department’s order is where the contents will be.

List of changes made in a deposition by the deponent

Prepared by each party. Served only, not stated; Rule 3.55 fixes no deadline, and the list goes to counsel rather than to the court, so it is not tied to the final status conference or to the lodging of the signed depositions. Applies to any civil case in which a deponent changes the deposition after it was taken. LASC Rule 3.55

1. Contents of the change list
   • Each change made in the deposition by the deponent after the taking of the deposition
   • The page number of each change
   • The line number of each change

Proposed verdict and findings forms

Prepared by not stated. Lodged, before the jury instruction conference, which the trial judge holds outside the jury's presence before final argument. Applies to jury trials only. LASC Rule 3.172

1. Agreed special verdict form, when the court orders one
   • An agreed special verdict form
   • Interrogatories on the form

Statement of issues

Prepared by each party. Filed and served, as required by Public Resources Code section 21167.8(f) and as the court orders. Applies to CEQA petitions only. LASC Rule 3.232(k)

The county rule requires this document and does not say what goes in it. That is the rule’s silence, not a gap here. Your department’s order is where the contents will be.

Trial notebook

Prepared by plaintiff. Lodged, lodged with the petitioner's reply brief. Applies to CEQA petitions only. LASC Rule 3.232(l)

1. Contents of the trial notebook
   • The petition
   • The parties' briefs
   • Any motions set to be heard at trial
   • The statement of issues
   • Any requests for judicial notice
   • Labelled tabs separating the documents

Administrative record

Prepared by not stated. Lodged, lodged when the petitioner's reply brief is filed, unless the court orders otherwise. Applies to prerogative writ proceedings only, and the lodging deadline also governs CEQA actions. LASC Rule 3.231(g)(2)

1. Bates stamping, citation and binding of the record
   • Bates stamping from the first page of the record through the last
   • Citation to the record by Bates number only in the briefs
   • Side bound three inch binders, spiral binding preferred and three ring binders acceptable
   • The volume number on the spine of each binder
   • The range of pages enclosed shown on the spine of each binder

Joint appendix

Prepared jointly. Lodged, when the court orders one, lodged with the record when the petitioner's reply brief is filed. Applies to prerogative writ proceedings only, and only where the record or evidence is voluminous and the court orders it. LASC Rule 3.231(j)

1. Contents and assembly of the joint appendix
   • The pages of the record or evidence actually cited in all of the briefs
   • The entire challenged administrative decision, placed first
   • The cited pages following it in Bates order
   • Labelled side tabs
   • A single spiral bound or three ring binder

Trial notebook

Prepared jointly. Lodged, when the court orders one, lodged with the petitioner's reply brief. Applies to prerogative writ proceedings only. LASC Rule 3.231(l)

1. Contents of the trial notebook, when the court orders one
   • The petition
   • The parties' briefs
   • Any requests for judicial notice
   • Labelled tabs separating the documents
   • A one inch or three inch binder