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Chapter 3  - CIVIL DIVISION RULES
3.1
APPLICABILITY
 
GENERAL PROVISIONS

3.2
ASSIGNMENT OF CASES
 
3.3
ASSIGNMENT OF DIRECT CALENDAR CASES
(a)
Proportionate Assignment
(b)
Regulation of Case Assignment
(c)
Notice of Case Assignment
(d)
Improper Refiling
(e)
Duty of Counsel
(f)
Related Cases
(g)
Consolidation of Cases
(h)
Coordination of Non-Complex Cases
(i)
Assignment for All Purposes
(j)
Effect of Judge Unavailability
(k)
Complex Litigation
3.4
ELECTRONIC FILING
(a)
Mandatory Electronic Filing
(b)
Exemptions from Mandatory Electronic Filing
(c)
Timing for Electronic Filing
(d)
Timing for Exempted Filing
(e)
Lodged Materials
(f)
Time for Filing of Ex Parte Applications
3.5
TIME FOR HEARINGS
(a)
Writs and Receivers Departments
(b)
Limited Unlawful Detainers and Limited Civil
(c)
Supplemental and Miscellaneous Proceedings in the Central District
(d)
Districts Other Than Central District
3.6
TELEPHONIC APPEARANCES
(a)
Compliance with California Rules of Court
(b)
Private Vendor for Appearances
(c)
Timing of Appearance
(d)
Ex Parte Application
(e)
Recordings of Proceedings
3.7
EVIDENCE AT HEARING
 
3.8
JUDICIAL NOTICE
(a)
Court Files
(b)
Files from Other Courts
3.9
JUDICIAL REFERENCE (Code Civ. Proc., § 638 et seq.; Cal. Rules of Court, rules 3.900, 3.920; Local Rule 2.24.)
(a)
Availability of Referee
(b)
Form for Approval
(c)
Judgment
3.10
SANCTIONS
 
3.11
CONTEMPT
(a)
Order to Show Cause
(b)
Trial
(c)
Punishment
3.12
RESERVED
 
3.13
RESERVED
 
3.14
RESERVED
 
3.15
RESERVED
 
3.16
RESERVED
 
3.17
RESERVED
 
3.18
RESERVED
 
3.19
RESERVED
 
3.20
RESERVED
 
3.21
RESERVED
 
CASE MANAGEMENT AND DISPOSITION

3.22
CASE REMOVED TO FEDERAL COURT
 
3.23
EXEMPTION FROM CASE MANAGEMENT RULES
 
3.24
CASE MANAGEMENT
(a)
Purpose
(b)
Cases Exempted
(c)
Differentiation of Cases to Achieve Goals (Cal. Rules of Court, rule 3.714)
(d)
Case Evaluation Factors (Cal. Rules of Court, rule 3.715).
3.25
CASE MANAGEMENT CONFERENCE
(a)
Case Management Conference/Review
(b)
Conduct of Case Management Conference
(c)
Setting the Trial Date
(d)
Settlement Conference
(e)
Written Statements for Settlement Conferences
(f)
Final Trial Preparation
(g)
Discretionary Final Status Conference Preparation Orders
(h)
Reasonable Trial Time Estimate
3.26
LITIGATION CONDUCT
 
3.27
LIMITED JURISDICTION UNLAWFUL DETAINER CASE MANAGEMENT
 
3.28
RESERVED
 
3.29
RESERVED
 
3.30
RESERVED
 
3.31
RESERVED
 
3.32
RESERVED
 
3.33
RESERVED
 
3.34
RESERVED
 
3.35
RESERVED
 
3.36
RESERVED
 
CIVIL TRIAL PROCEDURE

3.37
ENFORCEMENT AND SANCTIONS
 
3.38
RESERVED
 
3.39
RESERVED
 
3.40
RESERVED
 
3.41
RESERVED
 
GENERAL COURTROOM DECORUM

3.42
INAPPROPRIATE CONDUCT
 
3.43
INAPPROPRIATE DRESS
 
3.44
RESERVED
 
3.45
RESERVED
 
3.46
RESERVED
 
3.47
RESERVED
 
PRETRIAL PREPARATION AND RULINGS

3.48
TRIAL CONFERENCE
(a)
Voir Dire Examination
(b)
Statement of Case Read to Jury Panel
(c)
Fewer Than Twelve Jurors
(d)
Number of Alternate Jurors
(e)
Stipulation to Excuse Jurors
(f)
Determination of Sides and Allocation of Peremptory Challenges
3.49
STIPULATIONS
(a)
Request For Stipulation
(b)
Other Judge Acting after Submission
(c)
Stay of Execution
3.50
REQUESTS FOR JUDGE TO ASK SPECIFIC QUESTIONS
 
3.51
PERSONS WITH DISABILITIES
 
3.52
MARKING OF EXHIBITS
 
3.53
UNIFORM METHOD OF MARKING EXHIBITS
 
3.54
DOCUMENTS PRODUCED THROUGH A NONPARTY
 
3.55
LIST OF CHANGES IN DEPOSITION
 
3.56
SIGNING, CERTIFICATION AND LODGING OF DEPOSITIONS
 
3.57
MOTIONS IN LIMINE
(a)
Required Declaration
(b)
Summary Adjudication Improper
(c)
Bifurcation of Issues Improper.
(d)
Timing of Ruling
(e)
Compliance with Order Granting Motion in Limine
3.58
MOTIONS FOR A VIEW TO BE TAKEN
 
3.59
RESERVED
 
3.60
RESERVED
 
3.61
RESERVED
 
3.62
RESERVED
 
3.63
RESERVED
 
3.64
RESERVED
 
3.65
RESERVED
 
3.66
RESERVED
 
3.67
RESERVED
 
3.68
RESERVED
 
3.69
RESERVED
 
JURY SELECTION

3.70
NUMBER OF JURORS AND ALTERNATES
 
3.71
FILLING THE JURY BOX
 
3.72
QUESTIONING JURY PANEL ON HARDSHIP
 
3.73
STATEMENT OF THE CASE TO PROSPECTIVE JURORS
 
3.74
CHALLENGES FOR CAUSE (Code Civ. Proc., § 227)
 
3.75
PEREMPTORY CHALLENGES
 
3.76
EXCUSING PROSPECTIVE JURORS
 
3.77
VOIR DIRE OF REPLACEMENTS
 
3.78
SELECTING ALTERNATE JURORS
 
3.79
ADMONITIONS TO JURORS
 
3.80
ADMONITION UPON SEPARATION OF JURORS
 
3.81
EXCHANGE OF INFORMATION ABOUT FUTURE SCHEDULING
 
3.82
RESERVED
 
3.83
RESERVED
 
3.84
RESERVED
 
3.85
RESERVED
 
3.86
RESERVED
 
3.87
RESERVED
 
3.88
RESERVED
 
3.89
RESERVED
 
3.90
RESERVED
 
3.91
RESERVED
 
TRIAL DECORUM AND OPENING STATEMENTS

3.92
SEATING OF COUNSEL
 
3.93
MULTIPLE COUNSEL
 
3.94
TRAVERSING "WELL"
 
3.95
ADDRESSING THE JUDGE
 
3.96
ADDRESSING OTHERS
 
3.97
USE OF GRAPHIC DEVICES IN OPENING STATEMENTS
 
3.98
JUROR REPLACEMENT
 
3.99
MOTIONS
 
3.100
RESERVED
 
3.101
RESERVED
 
3.102
RESERVED
 
3.103
RESERVED
 
3.104
RESERVED
 
WITNESSES

3.105
RESERVED
 
3.106
"ON-CALL" WITNESSES
 
3.107
ANTICIPATION OF SENSITIVE AREAS OF INQUIRY
 
3.108
ADMONITION TO WITNESSES
 
3.109
EXAMINATION FROM COUNSEL TABLE
 
3.110
APPROACHING A WITNESS
 
3.111
QUESTIONS NOT BE INTERRUPTED
 
3.112
EFFECT OF ASKING ANOTHER QUESTION
 
3.113
COMPLETION OF WITNESS TESTIMONY
 
3.114
CONSULTATION WITH WITNESS ON THE STAND
 
3.115
RESERVED
 
3.116
RESERVED
 
3.117
RESERVED
 
3.118
RESERVED
 
3.119
RESERVED
 
CONDUCT OF COUNSEL AND PARTIES

3.120
POLICY AGAINST INDICATION AS TO TESTIMONY
 
3.121
STAND TO OBJECT AND ARGUE
 
3.122
ARGUMENT ADDRESSED TO COURT
 
3.123
ARGUMENTS TO BE OUT OF JURY'S HEARING
 
3.124
OFFERS OF PROOF TO BE OUT OF JURY'S HEARING
 
3.125
OFFERS TO STIPULATE TO BE OUT OF JURY'S HEARING
 
3.126
REQUESTS TO ADVERSARIES TO BE OUT OF JURY'S HEARING
 
3.127
REQUESTS TO THE REPORTER ADDRESSED TO COURT
 
3.128
COMMUNICATION TO COURT BY PARTIES AND WITNESSES
 
3.129
ADDRESS TO COURT BY REPRESENTED PARTY OR WITNESS
 
3.130
COMMUNICATION TO JURORS BY PARTIES AND WITNESSES
 
3.131
COUNSEL'S DEMONSTRATING OR DISPLAYING REPRESENTATIONS OF TESTIMONY TO THE JURY DURING PRESENTATION OF EVIDENCE
 
3.132
"OFF-THE-RECORD" CONFERENCES
 
3.133
EVIDENCE ADMITTED FOR A LIMITED PURPOSE
 
3.134
QUESTIONING BY JUDGE
 
3.135
EXCLUSION OF EVIDENCE ON COURT'S OWN MOTION
 
3.136
ADVICE TO JURY ABOUT COURT-APPOINTED EXPERT
 
3.137
ADVICE BY COURT AS TO SELF-INCRIMINATION
 
3.138
RESERVED
 
3.139
RESERVED
 
3.140
RESERVED
 
3.141
RESERVED
 
3.142
RESERVED
 
3.143
RESERVED
 
3.144
RESERVED
 
3.145
RESERVED
 
3.146
RESERVED
 
3.147
RESERVED
 
EXHIBITS

3.148
LARGE, DANGEROUS AND BULKY EXHIBITS
 
3.149
ORAL IDENTIFICATION OF EXHIBITS AT FIRST REFERENCE
 
3.150
EXHIBITS TO HAVE BEEN SHOWN TO ADVERSARIES BEFORE FIRST REFERENCE
 
3.151
MARKING OF EXHIBITS FIRST DISCLOSED DURING TRIAL
 
3.152
WHEN EXHIBITS OFFERED
 
3.153
MAPS, PLANS AND DIAGRAMS
 
3.154
RETURN OF EXHIBITS
 
3.155
WHEN EXHIBITS TO BE PUBLISHED TO JURORS
 
3.156
EXHIBITS NOT TO BE PLACED IN JURORS' HANDS
 
3.157
EXHIBITS ADMITTED IN PART
 
3.158
USE OF DEPOSITIONS, INTERROGATORIES AND REQUESTS FOR ADMISSION
 
3.159
CUSTODY OF TRIAL EXHIBITS AFTER TRIAL
 
3.160
RESERVED
 
3.161
RESERVED
 
3.162
RESERVED
 
3.163
RESERVED
 
3.164
RESERVED
 
3.165
RESERVED
 
3.166
RESERVED
 
3.167
RESERVED
 
3.168
RESERVED
 
3.169
RESERVED
 
JURY INSTRUCTIONS

3.170
DUTY OF COUNSEL TO MODIFY CACI INSTRUCTIONS
 
3.171
FORM OF PROPOSED JURY INSTRUCTIONS (Code Civ. Proc., §§ 607a, 609.)
 
3.172
JURY INSTRUCTION CONFERENCE
 
3.173
WHEN INSTRUCTIONS TO BE READ TO THE JURY
 
3.174
USE OF JURY INSTRUCTIONS IN JURY ROOM
 
3.175
RESERVED
 
3.176
RESERVED
 
3.177
RESERVED
 
3.178
RESERVED
 
3.179
RESERVED
 
FINAL ARGUMENT

3.180
GRAPHIC DEVICES USED IN ARGUMENT
 
3.181
CLOSING ARGUMENTS
 
3.182
FAMILIARITY WITH JURORS TO BE AVOIDED
 
3.183
OBJECTIONS TO CLOSING ARGUMENT
 
3.184
RESERVED
 
3.185
RESERVED
 
3.186
RESERVED
 
3.187
RESERVED
 
3.188
RESERVED
 
3.189
RESERVED
 
JURY DELIBERATION

3.190
QUESTIONS BY JURORS
 
3.191
WHEN JURY UNABLE TO AGREE
 
3.192
RECEIVING VERDICTS AND POLLING JURY
 
3.193
DISCHARGE OF JURY
 
3.194
RESERVED
 
3.195
RESERVED
 
3.196
RESERVED
 
3.197
RESERVED
 
3.198
RESERVED
 
3.199
RESERVED
 
DEFAULT JUDGMENT

3.200
REQUEST TO ENTER DEFAULT
(a)
Failure to Answer
(b)
Other Defaults
3.201
PROCEDURES FOR OBTAINING DEFAULT JUDGMENT (Cal. Rules of Court, rule 3.1800.)
(a)
Submission on Declarations Preferred
(b)
Live Testimony Prove-up Hearings
3.202
PENDING MOTIONS TO VACATE DEFAULT
 
3.203
SERVICE BY PUBLICATION
 
3.204
WRITTEN OBLIGATIONS TO PAY MONEY
 
3.205
EVIDENTIARY STANDARDS
(a)
Court to Hear Evidence
(b)
Authentication
(c)
Hearsay
(d)
Foundation
3.206
INTEREST
 
3.207
ATTORNEYS’ FEES
(a)
Fee Schedule
(b)
Contractual Provision
3.208
RESERVED
 
3.209
RESERVED
 
3.210
RESERVED
 
3.211
RESERVED
 
3.212
RESERVED
 
FORM AND EXECUTION OF JUDGMENT; ATTORNEYS’ FEES

3.213
FORM OF JUDGMENT
(a)
Original and Copy
(b)
Form of Judgment
(c)
Execution by Clerk of Documents
(d)
Entry of Judgments, Orders, and Decrees
(e)
Possession Plus Money
3.214
ATTORNEYS’ FEES
(a)
Contract Provision or Note
(b)
Mortgage or Trust Deed
(c)
Foreclosure of Assessment or Bond Lien
(d)
Itemization as to Extraordinary Services
(e)
Services Benefitting a Minor
3.215
RESERVED
 
3.216
RESERVED
 
3.217
RESERVED
 
3.218
RESERVED
 
3.219
RESERVED
 
ENFORCEMENT OF JUDGMENT

3.220
POST-JUDGMENT ORDERS
(a)
Application for Money Deposited (Code Civ. Proc., §§ 708.710 - 708.795)
(b)
Property Otherwise Deposited
(c)
Execution on Installment Order or Judgment
3.221
JUDGMENT DEBTOR PROCEEDINGS
(a)
Application
(b)
Proof of Service
(c)
Failure to Appear at Hearing by Applicant
(d)
Failure to Appear at Hearing by Person Ordered to Appear
(e)
Continuance
(f)
Claims of Non-Service
(g)
Claims That Statements in the Application Are Untrue
3.222
WRITS OF EXECUTION, POSSESSION AND SALE
(a)
Papers Required
(b)
Location of Filing
3.223
WRIT OF EXECUTION ON A DWELLING
(a)
Evidence Required
(b)
Certified Order
3.224
RESERVED
 
3.225
RESERVED
 
3.226
RESERVED
 
3.227
RESERVED
 
3.228
RESERVED
 
3.229
RESERVED
 
SPECIAL PROCEEDINGS

3.230
SMALL CLAIMS
(a)
Trial Preparation
(b)
Failure to Appear for Trial
3.231
PREROGATIVE WRITS
(a)
Alternative Writ or Noticed Motion for a Peremptory Writ
(b)
Noticed Motion for a Peremptory Writ
(c)
Alternative Writ
(d)
Service of a Board or Commission
(e)
Request for Stay
(f)
Pleadings
(g)
Preparation of the Record
(h)
Preparation of Evidence in Traditional Mandamus
(i)
Briefing
(j)
Joint Appendix
(k)
Lodging the Record
(l)
Trial Notebook
(m)
Trial; No Default
(n)
Judgment
3.232
CEQA ACTIONS
(a)
Application of Mandamus Rules
(b)
Where Filed
(c)
Notice of Preparation of the Administrative Record
(d5
Preparing the Administrative Record
(e)
Certifying the Record
(f)
Disputes Over the Contents of the Administrative Record
(g)
Lodging the Record
(h)
Trial Setting
(i)
Mediation
(j)
Settlement Meeting
(k)
Statement of Issues
(l)
Trial Notebook
(m)
Trial
3.233
RESERVED
 
3.234
RESERVED
 
3.235
RESERVED
 
3.236
RESERVED
 
3.237
RESERVED
 
EMINENT DOMAIN

3.238
EMINENT DOMAIN ACTIONS
 
3.239
PRE-FILING TESTING FOR CONTAMINATION OR OTHER CONDITIONS
 
3.240
INITIAL CASE MANAGEMENT CONFERENCE
(a)
Joint Case Management Statement
(b)
Date for Exchange of Expert Witness Lists and Appraisals
(c)
Trial Date
(d)
Case Management Order
3.241
EXPERT WITNESS LISTS
 
3.242
APPRAISAL
(a)
When Required
(b)
Content of Appraisal
3.243
AMENDMENT OF EXPERT LISTS AND APPRAISALS AFTER EXCHANGE
 
3.244
EXCLUSION OF WITNESSES OR TESTIMONY FOR FAILURE TO PROPERLY EXCHANGE EXPERT LISTS AND APPRAISALS
 
3.245
MANDATORY SETTLEMENT CONFERENCE
 
3.246
FINAL OFFER AND FINAL DEMAND
 
3.247
RESERVED
 
3.248
RESERVED
 
3.249
RESERVED
 
3.250
RESERVED
 
3.251
RESERVED
 
ALTERNATIVE DISPUTE RESOLUTION

3.252
RESERVED
 
3.253
RESERVED
 
3.254
RESERVED
 
3.255
RESERVED
 
3.256
RESERVED
 
3.257
RESERVED
 
3.258
RESERVED
 
3.259
RESERVED
 
3.260
RESERVED
 
3.261
RESERVED
 
3.262
RESERVED
 
3.263
RESERVED
 
3.264
RESERVED
 
3.265
RESERVED
 
3.266
RESERVED
 
3.267
RESERVED
 
MEDIATION

3.268
RESERVED
 
3.269
RESERVED
 
3.270
RESERVED
 
3.271
RESERVED
 
3.272
RESERVED
 
3.273
RESERVED
 
3.274
RESERVED
 
3.275
RESERVED
 
3.276
RESERVED
 
3.277
RESERVED
 
3.278
RESERVED
 
3.279
RESERVED
 
NEUTRAL EVALUATION

3.280
RESERVED
 
3.281
RESERVED
 
3.282
RESERVED
 
3.283
RESERVED
 
3.284
RESERVED
 
3.285
RESERVED
 
3.286
RESERVED
 
3.287
RESERVED
 
3.288
RESERVED
 
3.289
RESERVED
 
3.290
RESERVED
 
3.291
RESERVED
 
JUDICIAL ARBITRATION

3.292
SUMMARY DESCRIPTION OF ARBITRATION
 
3.293
CASES SUBJECT TO ARBITRATION
 
3.294
CASES EXEMPT FROM ARBITRATION
 
3.295
WITHDRAWAL FROM ARBITRATION
 
3.296
HEARINGS
(a)
Pre-Arbitration Conference
(b)
Setting Time and Place of Arbitration
(c)
Notice of Arbitration
(d)
Continuance of Arbitration
3.297
APPEARANCES REQUIRED AT ARBITRATION
 
3.298
DISCOVERY DURING ARBITRATION
 
3.299
SUBMISSION OF BRIEFS/EVIDENCE
 
3.300
DISPOSITION OF EXHIBITS
 
3.301
ADR REPORTS
(a)
Award of Arbitration
(b)
Notice of Trial De Novo
3.302
ARBITRATION PANELS
 
3.303
RESERVED
 
3.304
RESERVED
 
3.305
RESERVED
 
3.306
RESERVED
 
QUALITY ASSURANCE RULES APPLICABLE TO MEDIATION, NEUTRAL EVALUATION, AND ARBITRATION

3.307
RESERVED
 
3.308
RESERVED
 
3.309
RESERVED
 
3.310
ARESERVED
 
3.311
RESERVED
 
3.312
RESERVED
 
3.313
RESERVED
 
3.314
RESERVED
 
3.315
RESERVED
 
3.316
RESERVED
 
3.317
RESERVED
 
3.318
RESERVED
 
VOLUNTARY SETTLEMENT CONFERENCE

3.319
RESERVED
 
3.320
RESERVED
 
3.321
RESERVED
 
3.322
RESERVED
 
3.323
RESERVED
 
3.324
RESERVED
 
3.325
RESERVED
 
3.326
RESERVED
 
3.327
RESERVED
 
3.328
RESERVED
 
3.329
RESERVED
 
3.330
RESERVED
 
3.331
RESERVED
 
3.332
RESERVED
 
3.333
RESERVED
 
3.334
RESERVED
 

APPENDIX