Judge Jerrold Abeles
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Exhibits
- 1 copy • At Final Status Conference
Motions in Limine Binder
- No Later Than 3 Calendar Days Before Final Status Conference
Communication
Phone
Chambers
Document Format Requirements6 rules
Each designation or counter-designation shall be highlighted, with each party using a different color highlighter.
Parties must attach copies of the designated or counter-designated transcript pages to the Joint Chart, with numbered tabs separating each deposition or trial transcript.
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.
The Motions in Limine Binder shall include one-sided, conformed copies of all motions in limine, opposition papers, and reply papers, organized in one or more three-ring binders, tabbed in numerical order with the opposition papers and reply papers for each motion placed directly behind the moving papers with a colored sheet of paper separating the moving, opposition, and reply papers.
- Binding
- Tabbed three-ring binder
- Motions in limine binder
Formatting
- •Tabbed in numerical order
The parties’ counsel and any self-represented parties shall work together to jointly prepare at least five identical sets of tabbed, exhibit binders organized numerically in three-ring binders (Exhibit Binders): a set for the court, a set for the Judicial Assistant, a set for the witnesses, and a set for each party.
- Binding
- Tabbed three-ring binder
- Exhibits
Formatting
- •At least five identical sets required
- •Organized numerically
- •Joint preparation by counsel and self-represented parties
The Trial Binder must be a physical binder consisting of one-sided, conformed copies, tabbed and organized in a three-ring binder with a table of contents.
- Binding
- Tabbed three-ring binder
- Trial binder
Formatting
- •One-sided, conformed copies
- •Table of contents required
- •Physical binder lodged in Department 510
Court's wording
No later than three calendar days before the Final Status Conference, the parties’ counsel and any self-represented parties shall jointly prepare and lodge in Department 510 a physical Trial Binder, consisting of one-sided, conformed copies, tabbed and organized in a three-ring binder with a table of contents
Copies of documentary exhibits shall be one-sided copies.
Document Filing Requirements23 rules
Counsel and self-represented parties must jointly prepare and file a witness list in the required column format (name, expert status, accommodations, calling party, expected testimony, estimated direct/cross/total examination times, and grand total); witnesses not listed are subject to exclusion from testifying except for impeachment or rebuttal, unless the party shows good cause.
Court's wording
The parties’ counsel and any self-represented parties shall work together to prepare and file a joint list of all witnesses whom any party intends to call at trial, excluding impeachment and rebuttal witnesses. (Los Angeles County Court Rule (Local Rule) 3.25, subd. (g)(5).) The joint witness list shall be organized with columns (in the format set forth below) that state (1) the name of each witness (in alphabetical order), if the witness is being called to testify as an expert, and any special requirements or accommodations needed for the witness (e.g., interpreter), (2) the party calling the witness, (3) whether the witness is actually expected to testify, (4) a brief description of the witness’s expected testimony, (5) an estimate of the length of direct examination (in hours), (6) an estimate of the length of cross-examination (in hours), and (7) the total estimated length of examination (in hours). At the end of the joint witness list, the parties and any self-represented parties shall add up the estimated times for all witnesses’ testimony and state the grand total in the last column. Any witness who is not included on the joint witness list is subject to being excluded from testifying at trial other than for purposes of giving actual impeachment or rebuttal testimony. Any party who seeks to elicit testimony from a witness not identified on the witness list must first make a showing to the court of good cause.
For jury trials, the parties’ counsel and any self-represented parties shall work together to prepare and file a brief, joint written statement of the case for the court to read to the jury.
Counsel and self-represented parties must jointly prepare and file an exhibit list in the required column format (exhibit number, description, offering party, authentication/admissibility stipulations, marking and admission dates) and must meet and confer to resolve objections to each exhibit's authenticity and admissibility.
Court's wording
The parties’ counsel and any self-represented parties shall work together to prepare and file a joint exhibit list organized with columns (in the format set forth below) that state, as to each exhibit any party intends to offer at trial: (1) the exhibit number (not letters), (2) a brief description of the exhibit, (3) which party is offering the exhibit, (4) whether the parties have stipulated to authentication of the exhibit, (5) whether the parties have stipulated to admissibility of the exhibit, (6) the date the exhibit was marked for identification, and (7) the date the exhibit was admitted into evidence. (Local Rule 3.25, subd. (g)(6).) As set forth above, the parties’ counsel and any self- represented parties shall meet and confer in an effort to resolve objections to the authenticity and admissibility of each exhibit.
For jury trials, counsel and self-represented parties must jointly prepare and file a joint list of proposed jury instructions in the prescribed format showing instruction number, title, requesting party, agreed/contested status, objections, and whether the instruction was given.
Court's wording
For jury trials, the parties’ counsel and any self-represented parties shall work together to prepare and file a joint list of proposed jury instructions (in the format set forth below) that states, as to each proposed jury instruction: (1) the jury instruction number (listed in numerical order), (2) the title of the jury instruction, (3) the party requesting the jury instruction, (4) whether the jury instruction is agreed upon or contested, (5) a concise statement of any objection, and (6) whether the jury instruction was given by the court (Joint List of Proposed Jury Instructions).
For jury trials, the parties must jointly prepare a complete set of full-text proposed jury instructions, editing CACI instructions to insert party names and eliminate blanks, brackets, and inapplicable material.
Court's wording
For jury trials, the parties’ counsel and any self-represented parties shall work together to prepare a complete set of full-text proposed jury instructions, editing all proposed Judicial Council of California Civil Jury Instructions (CACI) instructions, inserting party names, and eliminating blanks, brackets, and other irrelevant or inapplicable material.
Parties intending to use deposition or former trial testimony must meet and confer and jointly prepare and file a joint chart of page and line designations, excluding testimony to be used only for impeachment.
Court's wording
If any parties intend to use deposition testimony or former trial testimony in lieu of or in addition to a witness’s live testimony, the parties’ counsel and any self-represented 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 parties do not, however, need to include in the joint chart deposition testimony or former trial testimony they plan on using for impeachment purposes only.
For jury trials, the parties must jointly prepare and file a proposed general or special verdict form acceptable to all parties, and if they cannot agree, each party must separately file a proposed verdict form.
Court's wording
For jury trials, the parties’ counsel and any self-represented parties shall work together to prepare and file a joint proposed general verdict form or a joint proposed special verdict form acceptable to all parties. (Local Rule 3.25, subd. (g)(8).) If the parties cannot agree on a joint verdict form, each party must separately file a proposed verdict form.
In the joint chart, each designating party’s designations of deposition or former testimony shall include columns that state: (1) the designation number and name of the witness, (2) the date and type of testimony (e.g., deposition or trial testimony), (3) the page and line designations of the deposition or former testimony requested to be used, (4) any objections, (5) whether the other party
Counter-designations in the Joint Chart must include columns for witness number/name, date and type of testimony, page:line counter-designations, objections, the related designation number, and the court's ruling.
Court's wording
In the joint chart, each counter-designating party's counter-designations of additional deposition or former testimony of the witness that relates to the designations shall include columns that state: (1) the designation number and name of the witness, (2) the date and type of testimony (e.g., deposition or trial testimony), (3) the page and line counter-designations of the deposition or former testimony requested to be used, (4) any objections, (5) the designation number of the other party's designation to which the counter-designation relates, and (6) the court's ruling.
Motions in limine shall be noticed for hearing at the Final Status Conference. The parties’ counsel and any self-represented parties shall comply with the statutory notice provisions of Code of Civil Procedure section 1005 and file declarations that comply with the requirements of Local Rule 3.57, subdivision (a).
The caption of each motion in limine shall concisely identify the evidence that the moving party seeks to exclude.
- Document
- Motion in limine
- Placement
- Caption
Parties filing more than one motion in limine shall number them consecutively.
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
with a table of contents that includes the following (for trials by the court without a jury, the Trial Binder shall only include the documents listed under Tabs A, B, C, H, and I): Tab A: Trial Briefs (Optional. If no trial briefs are filed, leave Tab A empty.) Tab B: Joint Witness List Tab C: Joint Exhibit List Tab D: Joint Statement to Be Read to the Jury Tab E: Joint List of Jury Instructions Tab F: Joint and Contested Jury Instructions Tab G: Joint or Contested Verdict Form(s) Tab H: Joint Chart of Page and Line Designations for Deposition and Former Testimony Tab I: Copies of the Current Operative Pleadings (including the operative complaint, answer, cross-complaint, if any, and answer to any cross-complaint).
- Document
- Trial binder
Must include
- •Exhibit list
- •Table of contents
Department 510 has a Trial Preparation Order that applies to every case set for trial. The court expects the parties' counsel and any self-represented parties to work together to jointly prepare and submit the documents and binders required by that order.
Parties are expected to request CACI instructions instead of specially prepared instructions when an appropriate CACI instruction exists, and special instructions with out-of-context quotes or non-plain-English wording are usually inappropriate.
Court's wording
If there is an appropriate CACI jury instruction on a point of law, the court expects the parties to request the CACI instruction instead of a specially prepared jury instruction. The court rarely uses a special jury instruction on a topic covered by a CACI instruction. Special jury instructions that use quotes from appellate cases taken out of context, or that do not use plain English, are usually not appropriate.
The parties should not request CACI instructions that do not apply when the trial begins. For example, CACI 5013 shall not apply unless and until there is a deadlocked jury. During trial, if circumstances change, the parties may request additional applicable jury instructions.
When a special verdict form is requested, if 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.
designation, and, if so, the designation number of the counter-designation, and (6) the court's ruling.
The parties should not file generic motions in limine untethered to actual anticipated disputes about evidence. Motions in limine that seek rulings “which would merely be declaratory of existing law” and do not include a discussion about the particular evidence the moving party seeks to exclude are not appropriate. (Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, 670-671.)
The parties shall organize proposed jury instructions into groups behind Tab F in the following order (labeled by cover sheets): (1) the agreed-upon instructions, (2) plaintiff’s requested
Each party may, but is not required to, file a trial brief succinctly identifying: (1) the claims and defenses that remain in dispute for trial; (2) the major legal issues (with supporting points and authorities); (3) the relief and calculation of damages sought; and (4) any other information that may assist the court at trial.
- Document
- Trial brief
Include
- •Legal argument
The court generally does not give the jury redundant instructions. For example, CACI 105 and CACI 5001 are the same. Unless unusual circumstances warrant otherwise, the court shall only give this instruction once.
Filing & Service rules
Electronic Filing Rules
All filings must be electronically filed unless the filer is a self-represented litigant or otherwise exempt from mandatory e-filing.
Under the rules of court and the court's general orders, all filings must be electronically filed unless the filer is a self-represented litigant or otherwise exempted from mandatory
Page 2 | Motions
Ex parte applications, supporting documents, and written oppositions must be electronically filed, except for self-represented litigants and persons excused from electronic filing.
Electronic Filing for Civil, filed May 3, 2019, provides that, with the exception of self- represented litigants and other persons excused from filing documents electronically: a) Ex parte applications and all documents in support thereof must be electronically filed no later than 10:00 a.m. the day before the ex parte hearing. b) Any written opposition to an ex parte application must be electronically filed by 8:30 a.m. the day of the ex parte hearing.
Page 4 | Ex Parte Applications
Filing Timing and Cure Windows
Ex parte applications and all supporting documents must be electronically filed no later than 10:00 a.m. the day before the ex parte hearing.
Ex parte applications and all documents in support thereof must be electronically filed no later than 10:00 a.m. the day before the ex parte hearing.
Page 4 | Ex Parte Applications
Written opposition to an ex parte application must be electronically filed by 8:30 a.m. on the day of the ex parte hearing.
Any written opposition to an ex parte application must be electronically filed by 8:30 a.m. the day of the ex parte hearing.
Page 4 | Ex Parte Applications
Trial documents must be filed and served no later than seven calendar days before the Final Status Conference.
No later than seven calendar days before the Final Status Conference, the parties’ counsel and any self-represented parties shall file and serve the following documents:
Page 8 | TRIAL DOCUMENTS TO BE FILED
A physical Trial Binder must be jointly prepared and lodged in Department 510 no later than three calendar days before the Final Status Conference.
No later than three calendar days before the Final Status Conference, the parties’ counsel and any self-represented parties shall jointly prepare and lodge in Department 510 a physical Trial Binder, consisting of one-sided, conformed copies, tabbed and organized in a three-ring binder with a table of contents that includes the following (for trials by the court without a jury, the Trial Binder shall only include the documents listed under Tabs A, B, C, H, and I):
Page 15 | TRIAL BINDER
If a party accepts an offer to allow judgment pursuant to Code of Civil Procedure section 998, that party should immediately file proof of acceptance and a proposed judgment.
If a party accepts an offer to allow judgment pursuant to Code of Civil Procedure section 998, that party should immediately file proof of acceptance and a proposed judgment.
Page 7
The court highly discourages last-minute filings because documents electronically filed a day or two before a hearing may not be accessible to judicial officers on the hearing day.
Sometimes documents electronically filed a day or two before a hearing are not accessible to judicial officers on the day of the hearing. For these reasons, the court highly discourages last-minute filings.
Page 7 | Filings shortly before a hearing
Service and Proof of Service Rules
All trial exhibits must be exchanged between the parties no later than 18 calendar days before the Final Status Conference.
No later than 18 calendar days before the Final Status Conference, the parties' counsel and any self-represented parties shall exchange all exhibits they intend to introduce at trial.
Page 8 | MEET AND CONFER
Courtesy Copy Requirements
Parties must jointly prepare and lodge a Motions in Limine Binder in Department 510 no later than three calendar days before the Final Status Conference.
No later than three calendar days before the Final Status Conference, the parties’ counsel and any self-represented parties shall jointly prepare and lodge in Department 510 a Motions in Limine Binder.
Page 14 | Motions in Limine
One set of the Exhibit Binders must be brought to the Final Status Conference for the court to review.
The parties' counsel and any self-represented parties shall bring one set of the Exhibit Binders to the Final Status Conference for the court to review.
Page 15 | EXHIBIT BINDERS
Parties who believe courtesy paper copies will assist the court may optionally lodge paper copies with the court.
courtesy paper copies will assist the court, they may lodge them with the court.
Page 3 | Electronically Lodged Documents That Require Action by the Court
Pre-Motion Conference Requirements
Motion hearing dates must be reserved in advance via the Court Reservation System (CRS), and motions are heard Monday through Friday.
All motion hearing dates must be reserved in advance on the Court Reservation System at www.lacourt.ca.gov under "Online Services," "Courtroom Services," "Court Reservation System (CRS)." Motions are set for hearing Monday through Friday.
Page 2 | Motions
Parties intending to file a summary judgment or summary adjudication motion must reserve a hearing date immediately, since reservation dates fill quickly and may not be available at least 30 days before trial.
Any party who intends to file a motion for summary judgment or summary adjudication must reserve a hearing date immediately because the reservation dates for such motions are limited on the Court Reservation System, they fill up fast, and the present reservation dates available for such motions are very close to the trial dates being set by the court. Do not wait until discovery has been completed to reserve a hearing date for a motion for summary judgment or summary adjudication because, at a later date, hearing dates might not be available at least 30 days before the trial date set in your case.
Page 3 | Motions for Summary Judgment/Adjudication
The court expects and encourages the parties' counsel and any self-represented parties to informally resolve discovery disputes, instead of using expensive and cumbersome discovery motions. The court expects the parties' counsel and any self-represented parties to meet and confer – preferably in person or by telephone – to make a reasonable and good faith attempt to informally resolve each discovery issue in dispute.
The court expects and encourages the parties' counsel and any self-represented parties to informally resolve discovery disputes, instead of using expensive and cumbersome discovery motions. The court expects the parties' counsel and any self-represented parties to meet and confer – preferably in person or by telephone – to make a reasonable and good faith attempt to informally resolve each discovery issue in dispute.
Page 5 | 7. Discovery Disputes
Parties must participate in the informal discovery conference with full authority to enter into a stipulation resolving the disputes, and the court normally makes no orders at the conference unless the parties stipulate.
The court requires the parties' counsel and any self-represented parties, with full authority to enter into a stipulation to resolve the discovery disputes at issue, to participate in the informal discovery conference with the court. Because an informal discovery conference is not a hearing on a motion, the court normally does not make any orders at the informal discovery conference unless the parties stipulate.
Page 5 | 7. Discovery Disputes
To request an informal discovery conference, parties must complete Los Angeles County form LACIV 094, lodge it in Department 510, and reserve a hearing date on the Court Reservation System, which shows 'Confirmed' once the court approves.
To request an informal discovery conference, please complete Superior Court of Los Angeles County form LACIV 094, lodge it in Department 510, and reserve a hearing date on the Court Reservation System, which will reflect "Confirmed" upon approval by the court.
Page 5 | 7. Discovery Disputes
Adjournment & Extension Requirements
Attorneys and parties are expected to grant reasonable requests for extensions of time to respond to pleadings, discovery, or other matters.
The court expects all attorneys and parties to grant reasonable requests for professional courtesies, such as requests for reasonable extensions of time for deadlines to respond to pleadings, discovery, or other matters.
Page 1 | Civility and Professionalism
When filing an ex parte application to advance a summary judgment/adjudication hearing because no reservation dates are available before trial, the moving party should also include an alternative request to continue the trial to a date after the hearing.
Because it is usually extremely difficult for the court to advance the hearing on a motion for summary judgment or summary adjudication, if a party files an ex parte application to advance the hearing on such a motion because no hearing dates are available on the Court Reservation System before the trial date, the moving party should also consider including an alternative request that the court continue the trial to a date after the hearing on the motion.
Page 4 | Ex Parte Applications
Chambers Communication Rules
The court requests that, after the parties' counsel or any self-represented parties electronically lodge a document that requires action by the court (e.g., stipulation and proposed order, and proposed judgment), they please refrain from calling the court's staff to ask about the status of the document, and that they instead follow the document's progress on the court's Website (which the court updates as often as possible).
The court requests that, after the parties' counsel or any self-represented parties electronically lodge a document that requires action by the court (e.g., stipulation and proposed order, and proposed judgment), they please refrain from calling the court's staff to ask about the status of the document, and that they instead follow the document's progress on the court's Website (which the court updates as often as possible).
Page 6 | 9. Electronically Lodged Documents That Require Action by the Court
Department 510's courtroom telephone number is (213) 633-0652.
TELEPHONE NUMBER: (213) 633-0652
Page 1 | Courtroom Information - Department 510