Judge Andrew Esbenshade
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 3 copies
- Upon request
Motions in Limine
- No Later Than 5 Court Days Before Final Status Conference
Binding: Tabbed Three Ring
Trial Readiness Binder
- At Final Status Conference
Communication
Phone
Chambers
Page & Word Limits2 rules
IDC statements are limited to 3 pages if filed separately and 5 pages if filed jointly (which the Court prefers), excluding necessary attachments.
- IDC statement
- Up to 3 pages
- Joint IDC statement
- Up to 5 pages
Excluded from page count
- •Attachments
Court's wording
Five days before the IDC, the parties shall file and serve an IDC statement no longer than three pages if filed separately, and no more than five pages if filed jointly, which the Court prefers. These page limits do not include attachments to the extent the parties deem attachments necessary to file.
Trial briefs are limited to ten pages unless permission to file an oversized brief is sought and granted in advance.
- Trial brief
- Up to 10 pages
Document Format Requirements8 rules
Exhibit binders must be three-ring binders available at the final status conference, with the exhibit list in front, tabs matching exhibit numbers, and internally numbered pages for multi-page exhibits.
- Binding
- Three-ring binder
- Exhibits
Formatting
- •Multi-page exhibits must be internally numbered (e.g., 3.1, 3.2, 3.3)
Court's wording
Three-ring binders containing all exhibits must be available on the final status conference date, and all parties must be prepared to tell the Court that they have had an opportunity to review all documents in the exhibit notebooks. Place a copy of the exhibit list in the front of each exhibit notebook and place tabs in the notebook to correspond with the exhibit number. If an exhibit contains more than one page, pages must be internally numbered, i.e., 3.1, 3.2, 3.3, etc.
The parties/counsel shall prepare proposed instructions in a format ready for submission to the jury with the instruction number, title, and text only (i.e., there should be no tear sheets and no boxes or other indication on the printed instruction itself as to the requesting party).
- Jury instructions
Formatting
- •No tear sheets
Each designation or counter-designation shall be highlighted with each party using a different color highlighter.
The parties shall attach copies of the pages of the transcripts of the deposition or former testimony they are designating or counter-designating to the chart, with tabs separating each deposition or trial transcript.
The trial documents must be tabbed, and the notebook must contain a table of contents listing the trial documents by tab number.
Please submit an electronic version of the jury instructions in Word format in a thumb drive.
- File type
- Word
- Jury instructions
The instructions should be divided into two packages separated by a colored sheet of paper: those agreed upon, and those that are disputed.
Submit an electronic version of the verdict form in Word on a thumb drive.
- File type
- Word
Document Filing Requirements22 rules
TRIAL BRIEFS. (optional for jury trials, mandatory for bench trials).
The joint witness list must identify all witnesses (other than impeachment/rebuttal) on one list with name, expert status, expected testimony, per-witness time estimates, and time totals.
Court's wording
All witnesses, other than those to be called exclusively for impeachment or rebuttal, must be identified on one list. Do not repeat the name of a witness who will be called by more than one party. The joint witness list must (1) identify each witness by name, (2) specify which witnesses are experts, (3) briefly describe the expected testimony, and (4) estimate the length of the direct, cross-examination and re-direct examination (if any) of each witness. In an additional column, the parties must total the time estimated for each witness’s testimony. At the bottom of the witness list, the parties must total the time for all witnesses on direct, cross, and redirect. Make realistic time estimates.
The parties/counsel shall jointly prepare and file one list of proposed jury instructions, organized in CACI numerical order. The instruction list must have 5 columns
A jointly prepared, short, non-argumentative written statement of the case to be read to the jury. Local Rule 3.25 (g)(4).
The joint exhibit list must identify all exhibits by number and description, include Objections, DATE ID'd, and DATE ADMITTED columns, and the parties must meet and confer to resolve authenticity and admissibility objections.
Court's wording
All exhibits, other than those to be used exclusively for impeachment or rebuttal, must be listed on the list, identified by a number and brief description. The parties/counsel shall meet and confer in an effort to resolve objections to the authenticity and admissibility of each exhibit. The exhibit list must have a column labeled “Objections”. If any party has any objection to the admissibility of any exhibit, the objecting party must be identified, and the grounds for the objection must be set forth in the “Objections” column next to that exhibit. The exhibit list must have two columns on the far right labeled “DATE ID’d” and “DATE ADMITTED” in which the Court Clerk may note the dates of identification and admission of each exhibit.
Identify all potential witness scheduling issues and special requirements, including interpreters on the witness list. Any party seeking to elicit testimony from a witness for other than impeachment or rebuttal who is not identified on the witness list must first make a showing of good cause to the court.
The parties/counsel shall jointly prepare a complete set of full text proposed jury instructions, editing all proposed CACI, inserting party name(s) and all other information, filling in all blanks, and eliminating all brackets and irrelevant bracketed language.
Parties intending to use deposition or former trial testimony (other than exclusively for impeachment or rebuttal) must meet and confer and jointly file a designation chart with seven specified columns.
Court's wording
If the parties/counsel intend to use deposition testimony or former trial testimony in lieu of any witness’s live testimony, other than exclusively for impeachment or rebuttal, the parties/counsel shall meet and confer and jointly prepare and file a chart with columns for each of the following: (1) the name of the witness; (2) the date and type of testimony (e.g., deposition or trial); (3) the line and page designations of the testimony requested for use, (4) any objections, (5) any related counter-designations by line and page, (6) any responses thereto, and (7) the Court’s ruling.
The proposed special verdict form must be joint, with contested questions bracketed, and in a form easily used by the jury without unnecessary questions.
Court's wording
The proposed special verdict form must be joint. If the parties cannot agree on each question on a proposed verdict form, they must agree on what they can and put contested questions in brackets. Any proposed special verdict should be in form that is easily used by the jury, and which does not require the jury to answer unnecessary questions.
The parties must submit trial briefs, a joint exhibit list, and a joint witness list, as described above. The parties must also comply with the provisions above concerning designation of deposition and former testimony and concerning motions in limine, if any.
If the parties file, collectively, more than five (5) motions in limine, they must file a joint document at least four (4) court days before the final status conference that (a) describes the motion, (b) has a one- paragraph argument in support and (c) has a one-paragraph argument in opposition.
Motions in limine seeking to preclude inadmissible/prejudicial matters before the jury must be accompanied by a declaration complying with Local Rule 3.57 and Kelly v. New West Federal Savings.
Court's wording
Each motion in limine for the purpose of precluding the mention or display of inadmissible and prejudicial matters in the presence of the jury shall be accompanied by a declaration in compliance with the requirements of Rule 3.57 of the Local Rules and must comply with Kelly v. New West Federal Savings (1996) 49 Cal. App.4th 659, 670-71.
Each party must assign different, sequential numbers or letters to its motions in limine (e.g., Plaintiff 1-5, Defendant A-E), and oppositions must identify which motion they oppose.
Court's wording
The parties must assign different, sequential numbers or letters to their motions in limine and the party opposing the motion must identify to which motion the opposition applies. For example, Plaintiff’s motions in limine may be numbered 1-5; Defendant’s motions in limine may be lettered A-E; additional parties may use double numbers or letters or some other agreed-upon designation to avoid duplication and confusion.
The binder must contain conformed copies of the trial briefs, joint statement of the case. joint witness list, joint exhibit list, joint list of jury instructions, joint full-text jury instructions (organized as agreed-upon, plaintiff’s requested to which defendant objects and defendant’s requested to which plaintiff objects), joint verdict form, joint page-line designation chart, motions
Parties must meet and confer about arranging a court reporter; if no court reporter is arranged, counsel must prepare a daily settled statement summarizing each day's witness testimony.
Court's wording
The parties must meet and confer to discuss whether they plan to have a court reporter transcribe the trial proceedings. In order to ensure a proper record for appellate purposes, if the parties do not arrange for a court reporter, then counsel for the parties will be required to prepare a daily settled statement summarizing witnesses’ testimony who have testified each day at trial.
Absent good cause, the total number of hours listed for testimony should not exceed the trial estimate given at the CMC, including an allocation of one day for jury selection and one day for instructions, closing arguments, and deliberations.
Where an appropriate CACI special verdict form exists, the court expects the parties to use it.
Court's wording
If the parties request a special verdict form and there is an appropriate CACI special verdict form for a cause of action, affirmative defense or other finding, the court expects the parties to use the CACI special verdict form.
If there is an appropriate CACI instruction on a point of law, the court expects the parties to request the CACI instruction instead of a specially prepared jury instruction.
Failure of the parties to agree on a proper special verdict form may result in the Court’s using a general verdict form.
Any failure by any party or counsel to exchange or discuss any motions in limine may result in the refusal of the Court to hear any such motion in limine, pursuant to applicable court rules.
Parties should pre-mark five copies of all impeachment exhibits with pages paginated by exhibit and page number before cross-examination.
Court's wording
In preparation for cross-examination of witnesses, each party should pre-mark five copies of all impeachment exhibits with each page properly paginated to reflect the exhibit number and page number so that they are ready for distribution during cross-examination.
Trial briefs should identify (1) the claims and defenses that remain in dispute for calculation of damages sought; and (4) any other information that will assist the court in preparing for trial.
Filing & Service rules
Electronic Filing Rules
Represented litigants must electronically file all documents in limited and non-complex unlimited civil matters through an approved Electronic Filing Service Provider.
The Los Angeles County Superior Court has implemented electronic filing of all documents filed in Limited and non-complex Unlimited Civil matters by litigants represented by attorneys pursuant to the operative General Order re Mandatory Filing for Civil. Pursuant to California Rules of Court, rule 2.253(b), represented litigants are required to electronically file documents with the Court through an approved Electronic Filing Service Provider.
Page 1 | FILINGS
Trial preparation documents must be eFiled (electronic filing required) no later than five court days before the Final Status Conference.
The parties must meet and confer sufficiently in advance to discuss, prepare, exchange, and eFile the following documents NO LATER THAN FIVE COURT DAYS BEFORE THE FINAL STATUS CONFERENCE:
Page 3 | MEET AND CONFER REQUIRED PRIOR TO FINAL STATUS CONFERENCE
Self-represented litigants are exempt from mandatory e-filing and may file papers in person at the filing window on the first floor, Room 102.
Pursuant to California Rules of Court, rule 2.253(b)(2), self-represented litigants are exempt from mandatory electronic filing requirements and may file papers at the filing window on the first floor, Room 102.
Page 1 | FILINGS
Filing Timing and Cure Windows
Represented litigants must e-file ex parte applications and supporting documents no later than 10:00 a.m. the court day before the ex parte hearing.
For represented litigants, all ex parte applications and documents in support thereof must be electronically filed no later than 10:00 a.m. the court day before the ex parte hearing.
Page 1 | EX PARTES
Parties must meet and confer at least 14 calendar days before the TSC and jointly file a statement of issues to be tried, a witness list with time estimates, and a discovery status report at least 7 calendar days before the hearing.
Counsel and/or self-represented parties are ordered to meet and confer in person or by video at least 14 calendar days in advance of the TSC and, at least 7 calendar days in advance of the hearing, jointly file (1) a statement of the issues to be tried, (2) a witness list with time estimates, and (3) a report on the status of discovery.
Page 1 | TRIAL SETTING CONFERENCES
Written opposition to an ex parte application must be e-filed no later than 8:30 a.m. on the day of the ex parte hearing.
Any written opposition must be electronically filed by no later than 8:30 a.m. the day of the ex parte hearing.
Page 1 | EX PARTES
The parties must file and serve the IDC statement at least 5 days before the IDC.
Five days before the IDC, the parties shall file and serve an IDC statement no longer than three pages if filed separately, and no more than five pages if filed jointly, which the Court prefers.
Page 2 | DISCOVERY DISPUTES
Parties must meet and confer and eFile the required trial preparation documents no later than five court days before the Final Status Conference.
The parties must meet and confer sufficiently in advance to discuss, prepare, exchange, and eFile the following documents NO LATER THAN FIVE COURT DAYS BEFORE THE FINAL STATUS CONFERENCE:
Page 3 | MEET AND CONFER REQUIRED PRIOR TO FINAL STATUS CONFERENCE
Oppositions and replies to motions in limine must be served and filed with sufficient statutory notice in accordance with Local Rule 3.25(f)(2).
Likewise, oppositions and replies for motions in limine must be served and filed with sufficient statutory notice in accordance with Local Rule 3.25(f)(2).
Page 6 | Motions in Limine
Motions in limine must be in writing (boilerplate/form MILs disfavored) and filed with sufficient statutory notice under CCP 1005 so they are heard no later than the Final Status Conference.
Boilerplate or form motions in limine are disfavored. All motions in limine must be in writing and shall be filed with sufficient statutory notice under CCP Section 1005 so that they may be heard no later than the date of the Final Status Conference pursuant to Local Rule 3.25(f)(2).
Page 6 | Motions in Limine
A party who has received a fee waiver pursuant to CRC 3.55(7) may request an official court reporter by filing form FW-020 at least 10 calendar days prior to the hearing or trial, or as soon as practicable
A party who has received a fee waiver pursuant to CRC 3.55(7) may request an official court reporter by filing form FW-020 at least 10 calendar days prior to the hearing or trial, or as soon as practicable
Page 2 | COURT REPORTERS
Self-represented litigants must submit ex parte applications and all supporting documents to the Judicial Assistant in Department 316 no later than 8:45 a.m. on the hearing date.
For self-represented litigants, ex parte application fees must be paid in ex parte application and all supporting documents must be submitted to the Judicial Assistant in Department 316 no later than 8:45 a.m. on the date of the ex parte hearing.
Page 2 | EX PARTES
Filing Fees and Waivers
The Court does not provide a court reporter absent a fee waiver; fee-waiver parties may request an official court reporter by filing form FW-020.
The Court does not provide a court reporter absent a fee waiver. A party who has received a fee waiver pursuant to CRC 3.55(7) may request an official court reporter by filing form FW-020 at least 10 calendar days prior to the hearing or trial, or as soon as practicable
Page 2 | COURT REPORTERS
Self-represented litigants must pay ex parte application fees and submit the ex parte application and all supporting documents to the Judicial Assistant in Department 316.
For self-represented litigants, ex parte application fees must be paid in ex parte application and all supporting documents must be submitted to the Judicial Assistant in Department 316 no later than 8:45 a.m. on the date of the ex parte hearing.
Page 2 | EX PARTES
Courtesy Copy Requirements
Parties must provide the court with three copies of the exhibit book (one for the Court, one for the Judicial Assistant, and one for the witness).
The parties must provide the court with three copies of the exhibit book: one for the Court, one for the Judicial Assistant, and one for the witness.
Page 4 | MEET AND CONFER REQUIRED PRIOR TO FINAL STATUS CONFERENCE
A Trial Readiness Binder must be presented to the Court at the Final Status Conference.
A Trial Readiness Binder must be presented to the Court at the FSC.
Page 6 | FOR ALL TRIALS - TRIAL READINESS BINDERS
No later than 5 court days before the Final Status Conference, parties must lodge in Dept. 316 an indexed, tabbed three-ring binder containing all motions in limine papers grouped in order (motion, opposition, reply).
No later than five (5) court days before the Final Status Conference, the parties must lodge directly in Dept. 316, an indexed and tabbed three-ring binder containing conformed copies of all moving, oppositions, and reply papers for all Motions in Limine in order with all papers relating to each motion together (i.e., motion, opposition, reply, then a tab with the next motion, etc.).
Page 6 | Motions in Limine
The Court does not need courtesy copies of filings unless it specifically requests them.
The Court does not need courtesy copies of filings unless it makes a specific request.
Page 1 | FILINGS
Pre-Motion Conference Requirements
Parties must meet and confer in person, by video conference, or by telephone to attempt to informally resolve all discovery disputes. If the parties cannot agree, the Court requests that the parties schedule an Informal Discovery Conference (“IDC”) with the Courtroom or Judicial Assistant and participate in an IDC before filing any discovery motion. Scheduling an IDC tolls the deadline for filing a discovery motion until further order of the Court. If a motion is filed without a prior IDC, the Court may continue the hearing so that the parties can schedule an IDC.
Parties must meet and confer in person, by video conference, or by telephone to attempt to informally resolve all discovery disputes. If the parties cannot agree, the Court requests that the parties schedule an Informal Discovery Conference (“IDC”) with the Courtroom or Judicial Assistant and participate in an IDC before filing any discovery motion. Scheduling an IDC tolls the deadline for filing a discovery motion until further order of the Court. If a motion is filed without a prior IDC, the Court may continue the hearing so that the parties can schedule an IDC.
Page 2 | DISCOVERY DISPUTES
All parties must reserve a motion hearing date through the online Court Reservation System (CRS) before filing any motion papers.
All parties must obtain a motion date via the online Court Reservation System (CRS) on the Los Angeles Court website. Go to “LA Court Online, Court Reservation System,” at http://www.lacourt.ca.gov/ to reserve a date prior to filing any motion papers.
Page 3 | LAW & MOTION
Chambers Communication Rules
Parties/counsel are required to notify the court immediately by telephone or email if a party withdraws or takes off calendar a motion within 7 days of the scheduled hearing date.
Parties/counsel are required to notify the court immediately by telephone or email if a party withdraws or takes off calendar a motion within 7 days of the scheduled hearing date.
Page 3 | LAW & MOTION
If motions in limine will be numerous and time-consuming, the parties must contact the Dept. 26 courtroom assistant to schedule a separate hearing.
If the Motions in Limine will be numerous and time-consuming, the parties must contact the courtroom assistant in Dept. 26 to schedule a separate hearing for the Motions in Limine.
Page 6 | Motions in Limine
The Court conducts IDCs at 11:00 a.m. Monday through Friday. Please call the Courtroom or Judicial Assistant at the number listed above to set up a time for an IDC. The party calling should have already conferred with the other side and be prepared with at least three dates that work for both sides.
The Court conducts IDCs at 11:00 a.m. Monday through Friday. Please call the Courtroom or Judicial Assistant at the number listed above to set up a time for an IDC. The party calling should have already conferred with the other side and be prepared with at least three dates that work for both sides.
Page 2 | DISCOVERY DISPUTES
Junior Lawyer Participation Incentives
The Court strongly encourages law firms and governmental agencies to give less experienced attorneys the opportunity to argue motions and to have an important role at trial.
The Court strongly encourages law firms and governmental agencies to give less experienced attorneys the opportunity to argue motions and to have an important role at trial, including examining witnesses, conducting voir dire and giving opening statements and closing arguments.
Page 2 | LESS EXPERIENCED ATTORNEYS