Local Rules and Local-Local Rules (Nov 2023) PDF

Local Rules and Local-Local Rules Luis General 07 Nov. 2023 (v. 3) Local Rules and Local-Local Rules Refer to specific rules and procedures that govern practice in specific jurisdictions Are used to distinguish these rul...

Local Rules and Local-Local Rules Luis General 07 Nov. 2023 (v. 3) Local Rules and Local-Local Rules Refer to specific rules and procedures that govern practice in specific jurisdictions Are used to distinguish these rules from the general federal or state rules of procedure that apply uniformly across all jurisdictions Local Rules and Local-Local Rules  Designed to help courts manage their caseloads and ensure that cases are handled efficiently and fairly.  Rules can vary so much from one jurisdiction to another, or even from one judge to another within the same court → Familiarize oneself with these rules and follow them carefully → Failing to comply with these rules can result in sanctions, dismissal of a case, or other adverse consequences Local Rules and Local-Local Rules Should be consistent with the higher level state and federal laws and rules of procedure Conflict between a local rule and a state or federal rule → the state or federal rule would usually prevail Local Rules Local Rules: Overview Adopted by a specific court that supplement the more general federal or state rules of procedure Cover a wide range of topics  format of pleadings  schedule for filing and serving documents  discovery procedures  alternative dispute resolution processes  procedures for selecting a trial date or presenting evidence at trial Local Rules CA: Superior courts of each of the 58 counties have adopted their own respective local rules Complete List of Links to Local Rules  https://www.courts.ca.gov/3027.htm → VPN required  https://plus.lexis.com/toc/?pdmfid=1530671&crid=12bc62a9-4bfa-4b97-965a- f16528c8a878 → VPN required  Specific sets of Local Rules can be accessed as well from the official court websites Local Rules: General Orders Typically an order issued by a court (rather than an individual judge) that applies to all cases or a broad category of cases in that court Set forth court-wide policies or procedures, establish court holidays, or address other administrative matters that affect the entire court or a significant portion of its docket Generally applies to everyone, not just specific parties in a specific case General Order from LASC: Mandatory Electronic Filing for Civil Cases Local-Local Rules Local-Local Rules  "internal operating procedures”  Typically refers to rules and procedures that are even more specific than the local rules  May be specific to a particular courthouse, a particular department or division within a court, or even a particular judge within a court Local-Local Rules Cover things like the specific days and times when a judge hears certain types of motions, the procedures for scheduling a conference with the court, or the judge's expectations for how attorneys should conduct themselves in the courtroom Local-Local Rules: Standing Order  Typically an order issued by an individual judge that applies to all cases (or a specific category of cases) in front of that judge.  A standing order might  Establish the judge's expectations for attorneys' conduct in the courtroom  Provide specific procedures for filing or serving documents in cases before that judge  Set forth other rules or policies that apply in that judge's courtroom  "standing" order → it stands in place for all cases before that judge, until the judge decides to change it Standing Order from LASC – Central District: PROCEDURES IN THE PERSONAL INJURY HUB COURTS EFFECTIVE OCTOBER 10, 2022 Courtroom Information Department 40, Stanley Mosk Courthouse: Page 1 of 15 Courtroom Information Department 40, Stanley Mosk Courthouse: Page 15 of 15 Questions? THANK YOU! ☺☺☺