Judge Joseph Lipner
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Ex Parte Pleadings
Ex Parte Pleadings with Substantial Exhibits
Papers Due Within Three Court Days of Hearing
Trial Binder
- 1 copy
Adjournments
- All requests for continuance of a matter should be made by submission of (1) a stipulation and proposed order or (2) an ex parte application. Continuances will not be granted without a showing of good cause.
Request must include
Communication
Phone
Chambers
Document Format Requirements6 rules
If the record exceeds 450 pages (including any transcripts), the parties shall (a) submit the entire record on a flash drive in a format searchable by Bates-Stamp number and (b) must also prepare and submit a joint appendix as described immediately below.
- Administrative record
- More than 450 pages
Formatting
- •Prepare and submit a joint appendix
If the record is 450 pages or less, the parties shall submit both (a) an electronic copy as explained in the following sentence; and (b) a hard copy binder containing the entire record.
- Administrative record
- Up to 450 pages
The joint appendix must be submitted in a three-inch spiral bound or three-ring binder. If the joint appendix consists of more than one volume, each volume shall be clearly labeled on its cover and/or spine (e.g. Vol. 1 of ).
- Binding
- Three-ring binder
- Joint appendix
The pages in the joint appendix shall be in numerical Bates-stamped order no matter which party cited the particular page.
The trial binder may be submitted either in the form of three-ring binders or three-inch spiral bound volumes.
Any party may highlight information on a joint appendix page that is important for the Court’s review.
Document Filing Requirements10 rules
All petitions and complaints shall list every cause of action on the face sheet, including the statutory basis.
If the moving party takes a motion off calendar, the moving party shall confirm that fact by filing a notice of withdrawal.
If the ex parte application seeks a temporary restraining order and order to show cause re: preliminary injunction, the moving party must submit a proposed order.
- Document
- Ex parte application
Must include
- •Proposed order
The trial binder shall include the opening brief, the opposition brief, the reply brief, and any evidence submitted by declaration or request for judicial notice.
For administrative mandamus (or for traditional mandamus review of quasi-legislative agency actions), the parties shall comply with the requirements of Local Rule 3.231(g).
informing the Court whether there has been a resolution of the matter or whether a continuance of the trial setting conference is necessary.
In accordance with Local Rule 3.231(n), unless otherwise ordered, the prevailing party on a prerogative writ will be ordered to prepare, serve, and ultimately file a proposed judgment and, if applicable, a proposed writ of mandate.
- Document
- Proposed judgment
Include
- •Proposed order
The joint appendix shall include the entire operative agency decision that is being challenged, as well as all pages of the record cited in the parties’ briefs.
The parties shall comply with Local Rule 3.231(h) when preparing and submitting evidence for a petition for traditional mandamus. In general, the Petitioner presents evidence by way of declaration or judicial notice with the opening brief and the Respondent submits evidence by way of declaration or judicial notice with the opposition brief.
The joint appendix should generally include only cited pages, though context pages (cover page, witness identification page, or other pertinent pages) may be included even if not cited.
Court's wording
Generally, only the cited pages should be included in the joint appendix and not the entire document in which those pages are contained. If it is necessary to provide context to a cited page, the joint appendix may include the document cover page, a witness identification page, and/or other pertinent pages from the source document, even if not actually cited.
Filing & Service rules
Electronic Filing Rules
Self-represented litigants who are exempt from electronic filing may file their ex parte applications in paper with the Clerk's Office in Room 102 of the Stanley Mosk Courthouse.
Self-represented litigants exempt from electronic filing may file their applications with the Clerk's Office in Room 102 of the Stanley Mosk Courthouse.
Page 2 | EX PARTE APPLICATIONS
All proposed judgments prepared by counsel must be electronically filed.
All proposed judgments prepared by counsel shall be electronically filed.
Page 4 | PROPOSED JUDGMENTS AND WRITS OF MANDATE
For records of 450 pages or less, parties should e-file the administrative record if feasible; otherwise they may submit it on a flash drive searchable by Bates-stamp number.
For the electronic copy of the administrative record: where it is feasible to do so, the parties should simply e-file the record as they would file any other document; where filing is not feasible, the parties may submit the entire record on a flash drive in a format searchable by Bates-stamp number.
Page 3 | ADMINISTRATIVE RECORD
Filing Timing and Cure Windows
The administrative record must be lodged no later than the due date for filing and service of the Reply Brief unless otherwise ordered.
The record shall be lodged by no later than the due date for filing and service of the Reply Brief unless otherwise ordered by the Court.
Page 3 | ADMINISTRATIVE RECORD
The parties must file a joint status report at least five court days before the trial setting conference.
The parties shall file a joint status report at least five (5) court days in advance of the trial setting conference informing the Court whether there has been a resolution of the matter or whether a continuance of the trial setting conference is necessary.
Page 3
The joint appendix must be lodged no later than the due date for the Reply Brief.
The joint appendix must be lodged no later than the due date for the Reply Brief.
Page 4 | ADMINISTRATIVE RECORD
Moving parties are encouraged (unless exigency requires hearing the next court day) to notice, file, and serve ex parte applications at least 3 court days before the hearing date.
Unless there is exigency requiring an ex parte application to be heard the following court day, the Court encourages the moving party to notice, file, and serve the ex parte application at least three (3) court days in advance of the hearing date.
Page 2 | EX PARTE APPLICATIONS
Filing Fees and Waivers
All fees for an ex parte application must be paid before the application is filed.
All fees must be paid prior to filing the application.
Page 2 | EX PARTE APPLICATIONS
Courtesy Copy Requirements
Papers due within 3 court days of a hearing must be sent as an emailed courtesy copy to SMCDept833@lacourt.ca.gov.
To the extent that any papers are due within three (3) court days of a hearing, the party filing the papers shall send a courtesy copy to SMCDept833@lacourt.ca.gov.
Page 2 | DOCUMENTS DUE WITHIN THREE DAYS OF HEARING
Parties must email courtesy copies of all pleadings relating to ex parte applications to SMCDept833@lacourt.ca.gov.
The parties shall email courtesy copies of all pleadings relating to ex parte applications to SMCDept833@lacourt.ca.gov.
Page 2 | EX PARTE APPLICATIONS
The Court requests a hard copy trial binder for any mandamus trial, to be submitted no later than two court days after the reply brief.
The Court requests that the parties submit a hard copy trial binder for any mandamus trial. The trial binder shall include the opening brief, the opposition brief, the reply brief, and any evidence submitted by declaration or request for judicial notice. The trial binder may be submitted either in the form of three-ring binders or three-inch spiral bound volumes. The trial binder should be submitted not later than two court days after the reply brief.
Page 3 | TRIAL BINDERS FOR MANDAMUS TRIALS
For ex parte pleadings that include substantial exhibits, the Court appreciates (but does not require) hard copy courtesy copies with exhibit tabs.
If the pleadings relating to ex parte applications include substantial exhibits, the Court appreciates hard copy courtesy copies with exhibit tabs.
Page 2 | EX PARTE APPLICATIONS
Pre-Motion Conference Requirements
Law and motion hearing dates must be reserved with the courtroom before the motion is filed.
All law and motion hearing dates must be reserved in advance of the filing of the motion.
Page 2 | MOTION HEARINGS
Adjournment & Extension Requirements
All requests for continuance of a matter should be made by submission of (1) a stipulation and proposed order or (2) an ex parte application. Continuances will not be granted without a showing of good cause.
All requests for continuance of a matter should be made by submission of (1) a stipulation and proposed order or (2) an ex parte application. Continuances will not be granted without a showing of good cause.
Page 1 | CONTINUANCES
Chambers Communication Rules
Hearing dates must be reserved by calling the courtroom (the CRS Online system is not used), and parties must not call the courtroom on Wednesdays and Fridays before 1:30 p.m.
This department DOES NOT use the CRS Online reservation system. Please call the courtroom to reserve your hearing date. Please do not call the courtroom on Wednesdays and Fridays before 1:30 p.m., as court will be in session during those mornings.
Page 2 | MOTION HEARINGS
Department 833 can be reached by phone at (213) 830-0782 during public hours 8:30 a.m.-12:00 p.m. and 1:30 p.m.-4:30 p.m.
TELEPHONE: (213) 830-0782 PUBLIC HOURS: 8:30 a.m. to 12:00 p.m. 1:30 p.m. to 4:30 p.m.
Page 1 | Courtroom Information for Department 833