Judge Brock T. Hammond
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Reply
- On Day Reply Is Due
Summary Judgment Motions, Summary Adjudication Motions, Anti SLAPP Motions
- Within One Court Day of Electronic Filing
Voir Dire Question Request
- 1 copy • At FSC
Communication
Chambers
Page & Word Limits2 rules
At least seven court days prior to the IDC, the moving party should file and serve a memorandum no longer than two pages setting forth the outstanding issues. The responding party may file and serve a responsive memorandum of no more than two pages at least four court days prior to the IDC.
- IDC memorandum
- Up to 2 pages
- Responsive IDC memorandum
- Up to 2 pages
Except in extraordinary cases, trial briefs should not exceed fifteen pages in length.
- Trial brief
- Up to 15 pages
Document Format Requirements23 rules
The courtesy copies must comply with CRC, rule 3.1110(f), which requires that each exhibit be separated by a tab extending below the bottom of the page bearing the exhibit designation. Failure to comply with this rule may result in the Court continuing the hearing or not considering the exhibits.
PowerPoint presentations or other displays to the jury must be reduced to paper to be filed in the Court’s docket.
- File type
- Paper
- PowerPoint presentation
- Demonstrative display
The final set of jury instructions and verdict forms shall be in a format suitable for submission to the jury during deliberations, and shall not include any citations to authority, identification of the party requesting the instruction or verdict, or any letterhead or markings identifying the attorney who prepared or printed them. (Local Rules, rule 3.174.)
- Jury instructions
- Verdict forms
Formatting
- •Format must be suitable for submission to the jury during deliberations
- •Must not include any citations to authority
- •Must not include identification of the party requesting the instruction or verdict
The instructions should be in Word, Times New Roman, 14 point font.
- File type
- Word
- Font
- Times New Roman
- Font size
- 14 points
- Jury instructions
Each instruction should be on its own page or pages.
Do not include any headers or footers, except for page numbers.
Do not include a “tear-away” box at the top of the page or the title of the document in the footer. The footer may include page numbers.
final (or close to final verdict form). The documents shall be in Word, 14 point font.
- File type
- Word
- Font size
- 14 points
- Jury instructions
- Verdict form
In the FSC notebook behind Tab B, each motion in limine must be separated by a numbered side tab matching the motion number, motion/opposition/reply separated by colored sheets, plaintiff's MILs placed first, and defendant's side tabs restart at one.
Court's wording
Behind Tab B, the parties shall separate each motion in limine with a side tabbed number that corresponds to the number of the motion in limine. The motion, opposition, and reply shall be separated by a colored sheet of paper. The plaintiff’s motions in limine shall come first and the defendant’s motions in limine shall follow. For the defendant’s motions in limine, the numbered side tabs shall start over with the number one, indicating the start of the defendant’s motions in limine.
The List of Proposed Jury Instructions must be prepared in the index format required by CRC, rule 2.1055(b)(3), including a checklist for the Court to indicate the disposition of the proposed instructions.
- Jury instructions
Formatting
- •Index format per CRC Rule 2.1055(b)(3)
Proposed jury instructions must be organized into three cover-sheet-labeled groups: agreed-upon instructions; plaintiff's requested instructions with defendant highlighting objections; and defendant's requested instructions with plaintiff highlighting objections.
Court's wording
The parties shall organize proposed jury instructions into groups in the following order (labeled by cover sheets): (1) the agreed-upon instructions; (2) plaintiff’s requested instructions to which defendant objects. Defendant is to highlight the objectionable portions of the proposed instruction; and (3) defendant’s requested instructions to which plaintiff objects. Plaintiff is to highlight the objectionable portion of the proposed instruction.
The Joint Chart must attach copies of designated or counter-designated transcript pages separated by numbered tabs, with each designation highlighted and each party using a different color highlighter.
Court's wording
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 Joint Chart of Page and Line Designations for Deposition and Former Testimony, with numbered tabs separating each deposition or trial transcript. Each designation or counter-designation shall be highlighted, with each party using a different color highlighter.
Copies of documentary exhibits shall be one-sided copies.
The Court will review the form at the FSC and if it is not ready, the case may be continued. The parties shall email to the judicial assistant the agreed upon or contested verdict form (whether general or special) in Word.
- File type
- Word
- Verdict form
The parties shall work together jointly to prepare three sets of tabbed, internally paginated and properly marked exhibits, organized numerically in three-ring binders for the Court (a set for the Court, a set for the Judicial Assistant, and a set for the witnesses) ("Exhibit Binders")
- Binding
- Tabbed three-ring binder
- Exhibit binders
Formatting
- •Exhibits organized numerically
The parties shall mark all non-documentary exhibits and insert a simple written description of the exhibit or a picture behind the corresponding numerical tab in the Exhibit Binders.
Formatting
- •Mark all non-documentary exhibits
If certain portions of the instruction are the subject of dispute as opposed to the instruction generally, the portion that is the subject of dispute should be highlighted.
consisting of one-sided, conformed copies, tabbed and organized in a three-ring binder (no larger than three inches)
- Binding
- Tabbed three-ring binder
Formatting
- •One-sided conformed copies
If the motions in limine are voluminous, the parties shall submit a separate motion in limine notebook, labeled accordingly, that follows the same internal format as described above.
Each party should select a block of exhibit numbers. For example, plaintiff may take exhibits numbers 1-200 and defendant may take exhibit numbers 201-400. Documents consisting of more than one page should be internally paginated and sequentially marked (e.g., 1-1; 1-2; 1-3). For ease of reference, the exhibits should follow a rational order that tracks the witnesses to be called.
“Special jury instructions, meaning instructions from other sources, those specially prepared by the party, or approved instructions that have been substantially modified by the party,” must be numbered consecutively. (CRC, rule 2.1055(b)(3).)
- Special jury instructions
Formatting
- •Numbered consecutively
CRC, rule 2.1055 governs the form in which the jury instructions must be prepared.
- Jury instructions
Formatting
- •Form of jury instructions governed by CRC Rule 2.1055
The jury instructions should not have a “tear-away” box at the top of the page. The jury instruction should be in the format that will be sent to the jury.
Document Filing Requirements51 rules
Evidentiary objections. Counsel filing evidentiary objections in connection with a motion for summary judgment or summary adjudication shall comply with CRC, rule 3.1354.
For trials in which there is no court reporter or electronic recording, counsel are required to provide the court with daily summaries of testimony.
The proponent of the recording must bring their transcripts to the FSC so the Court may rule on any objections to the transcripts.
Counsel is responsible for bringing copies of the transcript to pass out for the jury and alternates.
California Rules of Court (“CRC”), rule 2.1040 requires the parties to prepare transcripts of all recordings counsel plan to introduce as an exhibit.
Each morning, counsel must give the clerk a written list of witnesses to be called that day, their full names with correct spellings, and the order in which they will be called.
The Court strongly encourages the parties to arrange for a court reporter for trial. If no court reporter is used, the parties must jointly prepare a summary of the day’s proceedings, including a detailed summary of any witness testimony, and lodge the daily summary the next morning before proceedings resume.
Plaintiff and defendant shall serve verifications with the documents they produce.
The CACI Number and Title should be at the top of each instruction.
Counsel are to fill in the blanks and to remove unnecessary brackets in the CACI instructions.
For Non-CACI instructions, the proposed instructions must contain case citations that support the party’s request for inclusion of the instruction.
If counsel cannot secure the participation of another party/counsel in the meet and confer discussions, counsel must (1) file a declaration detailing the efforts taken to initiate meet and confer discussions, and (2) file a separate set of Trial Readiness Documents and Trial Exhibits.
with a table of contents that includes the following: Section A: Trial Briefs Section B: Motions in Limine Section C: Joint Statement of the Case
- Document
- FSC trial notebook
Include
- •Table of contents
Each party must file a trial brief, or the parties may file a joint trial brief if they wish.
Motions in limine must identify the specific evidence targeted, may not substitute for statutorily authorized dispositive motions, and boilerplate forms are strongly discouraged.
Court's wording
Motions in limine may not be used as substitutes for statutorily authorized dispositive motions. (Amtower v. Photon Dynamics, Inc. (2008) 158 Cal.App.4th 1582, 1594.) A motion in limine must identify the specific evidence to which it is directed. Form or boilerplate motions in limine are strongly discouraged.
Trial briefs (joint or separate) must include five elements: description of claims/defenses, major legal issues with authority, major evidentiary issues with authority, detailed relief sought with damages breakdown, and other helpful information.
Court's wording
Whether jointly filed by multiple parties, or separately filed by individual parties, the trial brief must include: (1) A brief description of the claims and defenses to be presented at trial; (2) A brief discussion of the major legal issues supported by relevant authority; (3) A brief discussion of any major evidentiary issues supported by relevant authority; (4) A detailed statement of the relief sought, including a breakdown of the damages, if any; (5) A brief discussion of any other information that may assist the Court at trial.
The caption of each motion in limine shall identify concisely the evidence the moving party seeks to preclude.
- Document
- Motion in limine
- Placement
- Caption
Counsel must jointly prepare a witness list of all intended trial witnesses (excluding impeachment and rebuttal), identifying each witness by name and expert status.
Court's wording
Counsel shall cooperate in the preparation of a joint list of all witnesses each party intends to call (excluding impeachment and rebuttal witnesses). (Local Rules, rule 3.25(g)(5).) The joint witness list shall identify each witness by name, specify which witnesses are experts, identify which
In jury trials the parties must file a joint written statement of the case (brief and non-argumentative) for the court to read to the jury, or separate statements if they cannot agree after meet and confer.
Court's wording
For jury trials, the parties shall prepare and file a joint written statement of the case for the Court to read to the jury. (Local Rules, rule 3.25(g)(4).) The purpose of the joint statement is to inform prospective jurors of the identities of the parties and the general subject matter of the trial; as such, it should be brief and should not be argumentative. If, after efforts to meet and confer, the parties cannot agree on a written joint statement, each party shall file a separate statement of the case.
The joint witness list must include time estimates for witnesses presented via video deposition excerpts or transcript reading, comply with Local Rule 3.25(h)'s reasonable and accurate estimate requirement, and provide a grand total of estimated examination time.
Court's wording
The joint witness list must also include time estimates for any witness whose testimony is intended to be presented by playing video deposition excerpts or by reading transcripts of depositions or former testimony. All time estimates must comply with Local Rules, rule 3.25(h), which requires counsel to provide the Court with reasonable and accurate time estimates. The list must also provide a calculation of the total estimated time for the examination of all listed witnesses (i.e., a grand total).
The joint witness list must identify scheduling issues, special requirements (interpreters, ADA accommodations), remote-testimony status, and expert witnesses, and should include only witnesses who will actually be called.
Court's wording
The list must identify potential witness scheduling issues and special requirements, including whether any interpreters will be necessary and whether any ADA accommodation is anticipated. The list must identify whether the witness will testify remotely. A witness who is being called as expert must be identified as an expert. Counsel should include only those witnesses who are going to be called.
The parties shall prepare and file a joint exhibit list organized with columns identifying each exhibit and specifying each party's evidentiary objections, if any, to the admission of each exhibit.
Witnesses not on the joint witness list are excluded except for impeachment or rebuttal testimony, both parties must ensure attendance of a mutually desired listed witness, and eliciting testimony from an unlisted witness requires a prior showing of good cause.
Court's wording
Any witness who is not included on the joint witness list is subject to exclusion other than for purposes of giving actual impeachment or rebuttal testimony. If a party includes a witness on the list and the opposing party similarly wants the witness to be called, both parties must ensure the witness’s attendance in case the original designating party decides not to call the witness. Any party who seeks to elicit testimony from a witness not identified on the witness list must first make a showing of good cause.
Transcripts: California Rules of Court (“CRC”), rule 2.1040 requires the parties to prepare transcripts of all audio recordings.
Objections not stated in writing on the exhibit list shall be deemed waived except upon a showing of good cause.
Demonstrative evidence, blow-ups, and transcripts must be marked for identification and included on the exhibit list.
A failure to file a timely exhibit list may result in the Court prohibiting the use of exhibits at trial. (Local Rules, rule 3.25(g)(3).)
The parties must meet and confer regarding the contents of any such transcripts prior to the FSC to resolve any objections. The proponent of the transcript must bring a copy of the transcripts to the FSC so the Court may rule on any objections.
The parties shall prepare and file jointly a list of proposed jury instructions, organized in numerical order, specifying the instructions upon which all sides agree and the contested instructions, if any.
For jury trials, the parties shall work together to prepare a complete set of full-text proposed jury instructions, editing all proposed CACI instructions, inserting party names, and eliminating blanks and other irrelevant or inapplicable material.
If the parties intend to use deposition testimony or former trial testimony in lieu of or in addition to a witness’s live testimony, the parties shall meet and confer to discuss, and work together to prepare and file, a joint chart in the format set forth below (“Joint Chart of Page and Line Designations for Deposition and Former Testimony”).
The joint witness list must include time estimates for each witness who will be presented through prior testimony.
Court's wording
In addition to preparing a chart of designations and counter-designations, counsel must ensure that the joint witness list (described above) includes time estimates for each witness who will be presented through prior testimony.
The parties must submit conformed copies of the operative pleadings (including the operative complaint, answer, cross-complaint, if any, and answer to any cross-complaint.)
Parties must jointly file a proposed general or special verdict form acceptable to all sides, or each party must separately file a proposed verdict form if they cannot agree.
Court's wording
The parties shall prepare and jointly file a proposed general verdict form or special verdict form (with interrogatories) acceptable to all sides. (Local Rules, rule 3.25(g)(8).) If the parties/counsel cannot agree on a joint verdict form, each party must separately file a proposed verdict form.
Department 407 has a CACI Jury Instruction Order that directs counsel to organize the CACI jury instruction in a logical sequence. Counsel and self-represented litigants should review this Order prior to the FSC and prepare their jury instructions in compliance with the Order.
Department 407 has a Final Status Conference Order that is filed in every case set for trial. A copy of the Order is attached. The Court expects counsel and self-represented litigants to work together to prepare and submit jointly the binders required by the Order.
Counsel should prepare the instructions jointly and in compliance with the court’s FSC Order.
The sequence of instructions is identified below. The index/list of instructions and the instructions themselves should follow this sequence. Of course, instructions are to be included or excluded as appropriate for each case.
Agreed upon instructions should be included in the face-sheet index.
Instructions that are not agreed upon should be listed on a separate instruction face-sheet index along with the specific instructions that are the subject of disagreement.
The parties are to label the face and the spine of the Notebook with the case name, case number, FSC hearing date and Trial date.
- Document
- FSC notebook
Include
- •Case number
Parties filing opposition and reply papers shall identify the corresponding motion number in the caption of their papers.
- Document
- Motion in limine opposition and reply
- Placement
- Caption
Parties filing more than one motion in limine shall number them consecutively.
Plaintiff’s witnesses shall be listed first and preferably in the order in which they will be called. Defendant’s witnesses shall follow and, similarly, in the order in which they will be called.
confer to resolve objections to the admissibility of each exhibit. Do not wait until the last minute to discuss the exhibits. By discussing the exhibits early on, the parties may be able to eliminate the need to call unnecessary witnesses, such as foundational witnesses (i.e., custodians of record).
Filing & Service rules
Electronic Filing Rules
Parties must arrange with the judicial assistant to email the proposed jury instructions to the Court in Word format.
The parties shall arrange with the judicial assistant to e-mail the instructions in Word format to the Court.
Page 30 | G. Full Text Jury Instructions (Joint and Contested)
Filing Timing and Cure Windows
Daily summaries of testimony must be completed and submitted to the court by 4 p.m. the day following the day of testimony.
Daily summaries must be completed and submitted to the court by 4 pm the day following day.
Page 4 | J. COURTROOM OPERATIONS
All Trial Readiness Documents must be filed and served no later than 7 court days before the FSC.
the Court orders that all Trial Readiness Documents addressed herein shall be filed and served no later than seven (7) court days before the FSC.
Page 24 | III. TRIAL READINESS DOCUMENTS TO BE FILED
The parties must jointly prepare and lodge an FSC Trial Notebook in Department 407 no later than 5 court days before the FSC.
No later than five (5) court days before the FSC, the parties shall jointly prepare and lodge in Department 407 an “FSC Trial Notebook,” consisting of one-sided, conformed copies, tabbed and organized in a three-ring binder (no larger than three inches) with a table of contents that includes the following:
Page 24 | III. TRIAL READINESS DOCUMENTS TO BE FILED
Motions in limine must comply with the notice provisions of CCP Section 1005 and Local Rule 3.57(a), and noncompliance may result in denial of the motion or a continuance of the FSC and/or trial.
Code of Civil Procedure Section 1005 and the motion requirements of Local Rules, rule 3.57(a). A failure to comply with applicable notice provisions and deadlines may result in denial of the motion, or the Court may continue the FSC and/or the trial in order to consider the motions in limine before trial begins. Depending on the volume and circumstances, the Court may not rule on the motions in limine until the first day of trial.
Page 26 | B. Motions in Limine
One set of Exhibit Binders must be delivered to the Court along with the FSC Notebook at least five court days before the FSC for the Court to review.
The parties shall deliver one set of the Exhibit Binders to the Court along with FSC Notebook at least five court days before the FSC for the Court to review.
Page 32 | IV. EXHIBIT BINDER(S)
Parties who want the Court to ask specific voir dire questions must file the request, along with the specific questions, at least five court days before the FSC and may not wait until the morning of trial.
However, if any party has specific voir dire questions for the prospective jurors that you would like the Court to ask, file the request, along with the specific questions, at least five court days in advance of the FSC and bring a copy of the filing to the FSC. Do not wait until the morning of trial to submit specific requests.
Page 33 | V. VOIR DIRE
Scheduling an IDC does not extend the deadline to file a motion to compel further responses to discovery, and the parties are urged to stipulate to an extension.
Note: Scheduling an IDC does not extend the time to file a motion to compel further responses to discovery. The parties are urged to reach a stipulation to do so.
Page 3 | F. INFORMAL DISCOVERY CONFERENCES
Service and Proof of Service Rules
PowerPoint slides must be shared with opposing counsel in advance of opening or closing with sufficient time to raise issues with the Court before the presentation.
All PowerPoint slides shall be shared in advance of opening or closing in sufficient time to allow opposing counsel to raise issues with the Court before the presentation.
Page 8 | C. OPENING STATEMENTS
Within 30 days of the CMC order, both plaintiff and defendant must provide copies of specified case documents (purchase/lease contracts, repair orders and invoices, rental or loaner agreements, communications records, warranty claims, and warranty policy manuals) to the opposing side.
Production of Documents: Within 30 days of this order both plaintiff and defendant shall provide copies of the following documents, which are in their respective possession, custody and/or control, to the opposing side(s):
Page 14 | Production of Documents
Parties must exchange all exhibits they intend to introduce at trial no later than 21 days before the FSC.
No later than 21 days before the FSC, the parties shall exchange all exhibits they intend to introduce at trial.
Page 24 | FINAL STATUS CONFERENCE ORDER
Discovery information produced under this Order may, at the producing party's option, be provided to the opposing party in electronic form as a PDF.
The information to be disclosed pursuant to this Order may be provided to the opposing party in electronic form as a PDF at the option of the producing party
Page 15 | Document Production / Protective Order
Courtesy Copy Requirements
For summary judgment/adjudication and Anti-SLAPP motions, courtesy copies of reply briefs must be delivered on the day the reply is due.
For these motions, courtesy copies must be delivered within one court day of the electronic filing, except for reply briefs which must be delivered on the day the reply is due.
Page 3 | E. LAW AND MOTION
Courtesy copies for motions for summary judgment/adjudication and Anti-SLAPP motions must be delivered within one court day of electronic filing, and are not required for other electronically filed motions.
judgment/adjudication and Anti-SLAPP motions. For these motions, courtesy copies must be delivered within one court day of the electronic filing, except for reply briefs which must be delivered on the day the reply is due. Courtesy copies are not necessary for other electronically filed motions.
Page 3 | E. LAW AND MOTION
A copy of the filed voir dire question request must be brought to the FSC.
file the request, along with the specific questions, at least five court days in advance of the FSC and bring a copy of the filing to the FSC.
Page 33 | V. VOIR DIRE
Sealing & Redaction Procedures
Strict compliance with CRC, rule 2.551 et seq. is required for sealed documents.
Sealed documents. Strict compliance with CRC, rule 2.551 et. seq. is required.
Page 3 | E. LAW AND MOTION
A party who believes the information disclosed under this Order should be protected must serve and file a proposed protective order within 5 days of the Order, the parties must meet and confer on agreeable language, and the default is the standard LASC Protective Order from its website.
If a party believes any of this information should be subject to a protective order, that party shall serve and file a proposed protective order within 5 days of this Order and the parties shall meet and confer as to agreeable language for the same. The default will be the standard Protective Order provided by the LASC in its website.
Page 15 | Document Production / Protective Order
The customer complaint list must include the VIN, repair visit date, reporting location, and complaint text, but must exclude other customers' names, addresses, phone numbers, e-mail addresses, and any other personal identifying information.
The list provided by Defendant may be in a chart or spreadsheet format, and shall include the VIN, date of repair visit, dealership or other reporting location, and text of the other customers' reported complaint, but shall not include the other customers' names, addresses, phone numbers, e-mail addresses, or other personal identifying information.
Page 15 | Document Production, Subparagraph (h)
Pre-Motion Conference Requirements
Counsel must meet and confer with opposing counsel about the subject of each contemplated motion in limine before filing it.
Local Rules, rule 3.57(a)(2) requires that counsel meet and confer with their opposing counsel regarding the subject of each contemplated motion in limine before filing.
Page 25 | B. Motions in Limine
An informal discovery conference (IDC) is not required before filing a motion to compel further responses but is strongly encouraged, and the court strongly discourages discovery motions.
The court strongly discourages discovery motions and encourages informal resolution of discovery disputes. To this end, while the Court does not require an informal discovery conference (“IDC”) prior to the filing a motion to compel further responses, IDCs are strongly encouraged.
Page 3 | F. INFORMAL DISCOVERY CONFERENCES
Before scheduling an IDC, counsel with authority to compromise the dispute should meet and confer by telephone, videoconference, or in person and make a good faith attempt to resolve the dispute; if unresolved, moving counsel should contact the judicial assistant to schedule the IDC.
Prior to scheduling an IDC, counsel with authority to compromise the dispute should meet and confer by telephone, videoconference or in person and make a good faith attempt to resolve the discovery dispute without the assistance of the Court. If the dispute cannot be resolved, moving counsel should contact the judicial assistant to schedule an IDC.
Page 3 | F. INFORMAL DISCOVERY CONFERENCES
Chambers Communication Rules
To schedule an IDC, the parties should stipulate to three possible dates and e-mail them to the judicial assistant at SMCDept407@lacourt.ca.gov; IDC hearings are set Tuesdays through Thursdays at 11:00 a.m. or 1:30 p.m. when the Court is not in trial.
The Court sets IDC hearings on Tuesdays, Wednesdays, and Thursdays at 11:00 a.m. or 1:30 p.m., if the Court is not in trial. The parties should stipulate to three possible dates, contact the judicial assistant and e-mail those dates to SMCDept407@lacourt.ca.gov.
Page 3 | F. INFORMAL DISCOVERY CONFERENCES