California Rules of Court v4 PDF

The California Rules of Court & Personal Injury Litigation Luis General 17 April 2024 v4 Background: CA Rules of Court First adopted in 1943 Before, each court in the state...

The California Rules of Court & Personal Injury Litigation Luis General 17 April 2024 v4 Background: CA Rules of Court First adopted in 1943 Before, each court in the state had its own set of procedural rules CA Rules of Court → uniformity and standardization in the state's legal system  Background: CA Rules of Court  Sets forth the procedural rules that govern how California state courts operate  Provides standardized procedures to promote fairness and consistency across the court system  Includes a wide variety of topics  how cases are initiated  how documents are filed  how trials are conducted  how appeals are handled Background: CA Rules of Court  Not 1 of 29 Codes → not legislation  Judicial Council of California  policymaking body of the California courts → oversees the rules  ensures the consistent, independent, impartial, and accessible administration of justice  regularly reviews and updates the rules to reflect changes in law and legal practice →crucial for lawyers to stay up-to-date with the most recent version of the rules Titles Title 1 - Rules Applicable to All Courts (§§ 1.1 — 1.300) Title 2 - Trial Court Rules (§§ 2.1 — 2.1100) Title 3 - Civil Rules (§§ 3.1 — 3.2300) Title 4 - Criminal Rules (§§ 4.1 — 4.700) Title 5 - Family and Juvenile Rules (§§ 5.1 — 5.906) Title 7 - Probate Rules (§§ 7.1 — 7.1105) Title 8 - Appellate Rules (§§ 8.1 — 8.1125) Title 9 - Rules on Law Practice, Attorneys, and Judges (§§ 9.0 — 9.90) Title 10 - Judicial Administration Rules (§§ 10.1 — 10.1108)  Title 1 – Rules Applicable to All Courts Title 1 - Rules Applicable to All Courts General Rules - covers the rules that apply to all California courts and to all proceedings, unless another rule or law provides otherwise. Important Chapters & Sections: 1. Chapter 2 - Timing and Holidays §§ 1.10 — 1.11 2. Chapter 3 - Service and Filing §§ 1.20 — 1.22 3. Chapter 4 - Judicial Council Forms §§ 1.30 — 1.51 4. Chapter 7 - Form and Format of Papers §§ 1.200 — 1.201 Title 1 - Rules Applicable to All Courts  Rule 1.10 - Time for actions (a) Computation of time The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded. (b) Holidays Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is (Extended to and includes the next day that is not a holiday. Title 1 - Rules Applicable to All Courts Rule 1.21 - Service (a) Service on a party or attorney Whenever a document is required to be served on a party, the service must be made on the party's attorney if the party is represented. (b) "Serve and file" As used in these rules, unless a statute or rule provides for a different method for filing or service, a requirement to "serve and file" a document means that a copy of the document must be served on the attorney for each party separately represented, on each self-represented party, and on any other person or entity when required by statute, rule, or court order, and that the document and a proof of service of the document must be filed with the court. (c) "Proof of service" As used in these rules, "proof of service" means a declaration stating that service has been made as provided in (a) and (b). If the proof of service names attorneys for separately represented parties, it must also state which party or parties each of the attorneys served is representing. Title 1 - Rules Applicable to All Courts; Judicial Council Forms Rule 1.31 - Mandatory forms (a) Use of mandatory forms and acceptance for filing Forms adopted by the Judicial Council for mandatory use are forms prescribed under Government Code section 68511. Wherever applicable, they must be used by all parties and must be accepted for filing by all courts. In some areas, alternative mandatory forms have been adopted. (b) List of mandatory forms Each mandatory Judicial Council form is identified as mandatory by an asterisk (*) on the list of Judicial Council forms in Appendix A to the California Rules of Court. Title 1 - Rules Applicable to All Courts; Judicial Council Forms Rule 1.37 - Use of forms A person serving and filing a Judicial Council form must use the current version of the form adopted or approved by the council, unless a rule in the California Rules of Court allows the use of a different form. Rule 1.41 - Proofs of service on forms Proofs of service are included on some Judicial Council forms solely for the convenience of the parties. A party may use an included proof of service or any other proper proof of service. Title 1 - Rules Applicable to All Courts; Format of Citations Rule 1.200 - Format of citations Citations to cases and other authorities in all documents filed in the courts must be in the style established by either the California Style Manual or The Bluebook: A Uniform System of Citation, at the option of the party filing the document. The same style must be used consistently throughout the document. Title 2 - Trial Court Rules Title 2 - Trial Court Rules Rules applicable to proceedings in the Superior Courts, including rules on case management, civil proceedings, among others. Important Divisions & Sections: 1. Division 1 - General Provisions §§ 2.1 — 2.30 2. Division 2 - Papers and Forms to Be Filed §§ 2.100 — 2.150 3. Division 3 - Filing and Service §§ 2.200 — 2.306 Title 2 - Trial Court Rules; Sanctions; Order to Show Cause Rule 2.30 - Sanctions for rules violations in civil cases (c) Notice and procedure Sanctions must not be imposed under this rule except on noticed motion by the party seeking sanctions or on the court's own motion after the court has provided notice and an opportunity to be heard. A party's motion for sanctions must (1) state the applicable rule that has been violated, (2) describe the specific conduct that is alleged to have violated the rule, and (3) identify the attorney, law firm, party, witness, or other person against whom sanctions are sought. The court on its own motion may issue an order to show cause that must (1) state the applicable rule that has been violated, (2) describe the specific conduct that appears to have violated the rule, and (3) direct the attorney, law firm, party, witness, or other person to show cause why sanctions should not be imposed against them for violation of the rule. Title 2 - Trial Court Rules; Papers and Forms Rule 2.100 - Form and format of papers presented for filing in the trial courts (a) Preemption of local rules The Judicial Council has preempted local rules relating to the form and format of papers to be filed in the trial courts. No trial court, or any division or branch of a trial court, may enact or enforce any local rule concerning the form or format of papers. Title 2 - Trial Court Rules; Papers and Forms Rule 2.103 - Size, quality, and color of papers All papers filed must be 8½ by 11 inches. All papers not filed electronically must be on opaque, unglazed paper, white or unbleached, of standard quality not less than 20-pound weight. Title 2 - Trial Court Rules; Papers and Forms Rule 2.104 - Font size; printing Unless otherwise specified in these rules, all papers filed must be prepared using a font size not smaller than 12 points. All papers not filed electronically must be printed or typewritten or be prepared by a photocopying or other duplication process that will produce clear and permanent copies equally as legible as printing. Title 2 - Trial Court Rules; Papers and Forms Rule 2.105 - Font style The font style must be essentially equivalent to Courier, Times New Roman, or Arial. Title 2 - Trial Court Rules; Papers and Forms Rule 2.106 - Font color The font color must be black or blue-black. Title 2 - Trial Court Rules; Papers and Forms Rule 2.107 - Margins The left margin of each page must be at least one inch from the left edge and the right margin at least 1/2 inch from the right edge. Title 2 - Trial Court Rules; Papers and Forms Rule 2.108 - Spacing and numbering of lines The spacing and numbering of lines on a page must be as follows: (1) The lines on each page must be one and one-half spaced or double-spaced and numbered consecutively. (3) Footnotes, quotations, and printed forms of corporate surety bonds and undertakings may be single-spaced and have unnumbered lines if they comply generally with the space requirements of rule 2.111. (4) Line numbers must be placed at the left margin and separated from the text by a vertical column of space at least 1/5 inch wide or a single or double vertical line. Each line number must be aligned with a line of type, or the line numbers must be evenly spaced vertically on the page. Line numbers must be consecutively numbered, beginning with the number 1 on each page. There must be at least three line numbers for every vertical inch on the page. Title 2 - Trial Court Rules; Papers and Forms Rule 2.109 - Page numbering Each page must be numbered consecutively at the bottom unless a rule provides otherwise for a particular type of document. The page numbering must begin with the first page and use only Arabic numerals (e.g., 1, 2, 3). The page number may be suppressed and need not appear on the first page. Title 2 - Trial Court Rules; Papers and Forms Rule 2.117 - Conformed copies of papers All copies of papers served must conform to the original papers filed, including the numbering of lines, pagination, additions, deletions, and interlineations except that, with 4 the agreement of the other party, a party serving papers by nonelectronic means may serve that other party with papers printed on both sides of the page. Title 2 - Trial Court Rules; Papers and Forms Rule 2.112 - Separate causes of action, counts, and defenses Each separately stated cause of action, count, or defense must specifically state: (1) Its number (e.g., "first cause of action"); (2) Its nature (e.g., "for negligence in general"); (3) The party asserting it if more than one party is represented on the pleading (e.g., "by plaintiff Jones"); and (4) The party or parties to whom it is directed (e.g., "against defendant Smith"). Title 2 - Trial Court Rules; Papers and Forms Rule 2.118 - Acceptance of papers for filing (a) Papers not in compliance The clerk of the court must not accept for filing or file any papers that do not comply with the rules in this chapter, except the clerk must not reject a paper for filing solely on the ground that: xxxx Title 3 - Civil Rules Title 3 - Civil Rules  Superior Courts  Rules specifically relevant to civil cases, including personal injury claims.  Rules on case management, form and format of court papers, pleadings, discovery, alternative dispute resolution (ADR), and trials. Title 3 - Civil Rules Important Divisions & Sections: 1. Division 3 - Filing and Service §§ 3.100 — 3.254 2. Division 4 - Parties and Actions §§ 3.300 — 3.550 3. Division 7 - Civil Case Management §§ 3.700 — 3.771 4. Division 8 - Alternative Dispute Resolution §§ 3.800 — 3.898 5. Division 10 - Discovery §§ 3.1000 — 3.1015 6. Division 11 - Law and Motion §§ 3.1100 — 3.1372 7. Division 12 - Settlement §§ 3.1380 — 3.1385 8. Division 18 - Judgments §§ 3.1800 — 3.1806 Title 3 – Civil Rules Title 3 - Civil Rules Rule 3.110 - Filing and Service of the Complaint  This rule sets forth the requirement that the complaint and summons must be served on all named defendants within 60 days of filing the complaint, and among others  “When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.” Title 3 - Civil Rules Rule 3.110 - Filing and Service of the Complaint Failure to serve. If a party fails to serve and file pleadings as required the court may issue an order to show cause Title 3 - Civil Rules Rule 3.110 - Filing and Service of the Complaint Request for entry of default. If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the PL must file a request for entry of default within 10 days after the time for service has elapsed The court may issue an order to show cause if the PL fails to timely file the request for the entry of default Title 3 - Civil Rules Rule 3.110 - Filing and Service of the Complaint Default judgment When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered The court may issue an order to show cause why sanctions should not be imposed if that party fails to obtain entry of judgment Title 3 - Civil Rules Rule 3.110 - Filing and Service of the Complaint Order to show cause. Responsive papers to an order to show cause issued under this rule must be filed and served at least 5 calendar days before the hearing. Title 3 - Civil Rules Rule 3.220 – Case Cover Sheet Cover sheet required  The first paper filed in an action must be accompanied by a case cover sheet  Mandatory JCC Form  Must be filed in addition to any cover sheet required by local court rule (e.g. LASC’s addendum and statement of location)  Failure to provide cover sheet → Sanctions under Rule 2.30. Title 3 - Civil Rules Rule 3.221 - Info about ADR  Court to provide information package Each court must make available to the plaintiff, at the time the complaint is filed in all general civil cases, an alternative dispute resolution (ADR) information package Title 3 - Civil Rules Rule 3.221 - Info about ADR  Plaintiff to serve information package The PL must serve a copy of the ADR information package on each defendant together with the complaint.  Title 3 - Civil Rules Rule 3.250 - Limitations on the filing of papers (a) Papers not to be filed The ff papers — next slide, may NOT be filed unless they are offered as relevant to the determination of an issue in a law and motion proceeding or other hearing or are ordered filed for good cause:  Title 3 - Civil Rules Rule 3.250 - Limitations on the filing of papers (1) Subpoena; or objections to demand; (18) Stipulation to enlarge the scope of number of discovery requests from that specified by (2) Subpoena duces tecum; (10) Request for admissions, and responses orstatute, and notice of the stipulation; objections to request; (3) Deposition notice, and response; (19) Demand for bill of particulars or an (11) Agreement for physical and mentalaccounting, and response; (4) Notice to consumer or employee, andexaminations; objection; (20) Request for statement of damages, and (12) Demand for delivery of medical reports,response, unless it is accompanied by a request (5) Notice of intention to record testimony byand response; audio or video tape; to enter default and is the notice of special (13) Demand for exchange of expert witnesses; and general damages; (6) Notice of intention to take an oral deposition by telephone, video conference, or(14) Demand for production of discoverable(21) Notice of deposit of jury fees; other remote electronic means; reports and writings of expert witnesses; (22) Notice to produce party, agent, or (7) Agreement to set or extend time for(15) List of expert witnesses whose opinion atangible things before a court, and response; deposition, agreement to extend time forparty intends to offer in evidence at trial andand response to discovery requests, and notice ofdeclaration; (23) Offer to compromise, unless accompanied these agreements; (16) Statement that a party does not presentlyby an original proof of acceptance and a (8) Interrogatories, and responses or objectionsintend to offer the testimony of any expertwritten judgment for the court's signature and to interrogatories; witness; entry of judgment. (9) Demand for production or inspection of(17) Declaration for additional discovery; documents, things, and places, and responses Title 3 - Civil Rules Rule 3.250 - Limitations on the filing of papers (b) Retaining originals of papers not filed xxxx (4) All original papers must be retained until six months after final disposition of the case, unless the court on motion of any party and for good cause shown orders the original papers preserved for a longer period. Title 3 - Civil Rules Rule 3.250 - Limitations on the filing of papers (b) Retaining originals of papers not filed xxxx (4) All original papers must be retained until six months after final disposition of the case, unless the court on motion of any party and for good cause shown orders the original papers preserved for a longer period. Title 3 - Civil Rules Rule 3.350 - Consolidation of cases (b) Lead case the lowest numbered case in the consolidated case is the lead case (c) Order An order granting or denying all or part of a motion to consolidate must be filed in each case sought to be consolidated. If the motion is granted for all purposes including trial, any subsequent document must be filed only in the lead case. (d) Caption and case number All documents filed in the consolidated case must include the caption and case number of the lead case, followed by the case numbers of all of the other consolidated cases. Title 3 – Civil Rules Title 3 – Civil Rules Title 3 - Civil Rules Rule 3.728 - Case Management Order: This rule pertains to the issuance of a case management order, which typically outlines key dates, discovery plans, and other essential aspects of managing the case. Basics of CMC  A case conference or case review by the court within a reasonable time the case is filed  Usually within 120 to 180 days from filing of complaint, depending on the superior court where case is filed  Appearance by parties may not be required by Court in certain instances Basics of CMC A case management order usually identifies case deadlines, such as the trial date or a further case conference Attorneys and parties may be sanctioned for failing to comply with local rules or for unlawful interference with the proceedings of the court Case Management Statement: Form Mandatory JCC Form CM-110 Use the new 2024 form Title 3 – Civil Rules Title 3 - Civil Rules Rule 3.1000 - Format of supplemental and further discovery (a) Supplemental interrogatories and responses, etc. In each set of supplemental interrogatories, supplemental responses to interrogatories, amended answers to interrogatories, and further responses to interrogatories, inspection demands, and admission requests, the following must appear in the first paragraph immediately below the title of the case: (1) The identity of the propounding, demanding, or requesting party; (2) The identity of the responding party; (3) The set number being propounded or responded to; and (4) The nature of the paper. Title 3 - Civil Rules Rule 3.1000 - Format of supplemental and further discovery (b) Identification of responses Each supplemental or further response and each amended answer must be identified by the same number or letter and be in the same sequence as the corresponding interrogatory, inspection demand, or admission request, but the text of the interrogatory, demand, or request need not be repeated. Title 3 - Civil Rules Rule 3.1010 - Oral depositions by telephone, videoconference, or other remote electronic means Taking depositions Any party may take an oral deposition by telephone, videoconference, or other remote electronic means, provided: (1) Notice is served with the notice of deposition or the subpoena; (2) That party makes all arrangements for any other party to participate in the deposition in an equivalent manner. However, each parly so appearing must pay all expenses incurred by it or properly allocated to it; (3) Any party or attorney of record may be physically present at the deposition at the location of the deponent with written notice of such appearance served by personal delivery, email, or fax, at least five court days before the deposition, and subject to Code of Civil Procedure section 2025.420. An attorney for the deponent may be physically present with the deponent without notice. Title 3 – Civil Rules Title 3 - Civil Rules Rule 3.1112 – Motions and Other Pleadings (a) Motions required papers Unless otherwise provided by the rules in this division, the papers filed in support of a motion must consist of at least the following: (1) A notice of hearing on the motion; (2) The motion itself; and (3) A memorandum in support of the motion or demurrer. Title 3 - Civil Rules Rule 3.1112 – Motions and Other Pleadings (b) Other papers Other papers may be filed in support of a motion, including declarations, exhibits, appendices, and other documents or pleadings. Title 3 - Civil Rules Rule 3.1113 - Memorandum (a) Memorandum in support of motion. A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported. Title 3 - Civil Rules (b) Contents of memorandum: The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. Title 3 - Civil Rules (c) Case citation format A case citation must include the official report volume and page number and year of decision. The court must not require any other form of citation. Title 3 - Civil Rules (d) Length of memorandum Except in a summary judgment or summary adjudication motion, NO opening or responding memorandum may exceed 15 pages. In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages. NO reply or closing memorandum may exceed 10 pages. The page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service. Title 3 - Civil Rules (e) Application to file longer memorandum A party may apply to the court ex parte but with written notice of the application to the other parties, at least 24 hours before the memorandum is due, for permission to file a longer memorandum. The application must state reasons why the argument cannot be made within the stated limit. Title 3 - Civil Rules (f) Format of longer memorandum A memorandum that exceeds 10 pages must include a table of contents and a table of authorities. A memorandum that exceeds 15 pages must also include an opening summary of argument. Title 3 - Civil Rules (g) Effect of filing an oversized memorandum A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper. Title 3 - Civil Rules (h) Pagination of memorandum The pages of a memorandum must be numbered consecutively beginning with the first page and using only Arabic numerals (e.g., 1, 2, 3). The page number may be suppressed and need not appear on the first page. Rule 3.1308 - Tentative rulings A trial court that offers a tentative ruling procedure in civil law and motion matters must follow one of the following procedures: (1)Notice of intent to appear required The court must make its tentative ruling available by no later than 3:00 p.m. the court day before the scheduled hearing. If the court desires oral argument, the tentative ruling must so direct. If the court has not directed argument, oral argument must be permitted only if a party notifies all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear. A party must notify all other parties by telephone or in person. The court must accept notice by telephone. The tentative ruling will become the ruling of the court if the court has not directed oral argument by its tentative ruling and notice of intent to appear has not been given. Rule 3.1308 - Tentative rulings (2)No notice of intent to appear required The court must make its tentative ruling available by a specified time before the hearing. The tentative ruling may note any issues on which the court wishes the parties to provide further argument at the hearing. This procedure must not require the parties to give notice of intent to appear, and the tentative ruling will not automatically become the ruling of the court if such notice is not given. The tentative ruling, or such other ruling as the court may render, will not become the final ruling of the court until the hearing. Title 3 - Civil Rules Rule 3.1322 - Motion to Strike: This rule provides details on how and when a party can file a motion to strike, which can be used to challenge the relevance or legality of certain pleadings or portions of pleadings. Title 3 - Civil Rules Rule 3.1320 - Demurrer: A demurrer is a pleading that challenges the legal sufficiency of the opposing party's pleadings. This rule sets out the process for filing and responding to a demurrer. Title 3 - Civil Rules Rule 3.1350 - Summary judgment and summary adjudication: This rule covers motions for summary judgment or summary adjudication, which are often filed in personal injury cases. Title 3 – Civil Rules Title 3 - Civil Rules Rule 3.670 - Court-Ordered Alternative Dispute Resolution (ADR): This rule addresses court-ordered alternative dispute resolution. In many jurisdictions, before a case can proceed to trial, the parties are required to attempt to resolve the dispute through some form of ADR, such as mediation or arbitration. CACI Jury Instructions: R 2.1050; R 3.1560 (f) Use of instructions Use of the Judicial Council instructions is strongly encouraged. If the latest edition of the jury instructions approved by the Judicial Council contains an instruction applicable to a case and the trial judge determines that the jury should be instructed on the subject, it is recommended that the judge use the Judicial Council instruction unless the judge finds that a different instruction would more accurately state the law and be understood by jurors. Whenever the latest edition of the Judicial Council jury instructions does not contain an instruction on a subject on which the trial judge determines that the jury should be instructed, or when a Judicial Council instruction cannot be modified to submit the issue properly, the instruction given on that subject should be accurate, brief, understandable, impartial, and free from argument.  Questions? Your thoughts, please. THANK YOU! ☺☺☺