Judge Michael Small
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Exhibits
- 4 copies • Not Specified in Source
Motion in Limine Motions
- 1 copy • No Later Than One Day Before FSC
Binding: Tabbed Three Ring
Trial Readiness Documents
- Day Before FSC
Binding: Three Ring Binder
Adjournments
- Attorneys and parties are expected to grant reasonable requests for extensions of time to respond to pleadings, discovery, or other matters.
- A trial continuance at the further status conference requires a collective request by all sides, evident good cause, and available calendar time to adjust the trial date.
Request must include
Document Format Requirements2 rules
Each exhibit must be separately numbered, with the numbers corresponding to the number of the exhibit on the joint exhibit list. If an exhibit contains more than one page, the pages must be internally numbered, i.e., 3.1, 3.2, 3.3 etc. Documents with original page numbers or that were attached to deposition transcripts shall be renumbered for use at trial.
Leave at least four inches of blank space of the top of every page of any proposed special jury instructions, or any addenda to form instructions.
- Margins
- Top 4 inches
- Proposed special jury instructions
- Addenda to form instructions
Document Filing Requirements11 rules
IDC requests on form LACIV094 must describe the nature of the dispute in appropriate detail or the request will be denied.
Court's wording
If an IDC is requested, the party requesting it must describe in appropriate detail the nature of the dispute on form LACIV094. Vague and amorphous descriptions of the dispute (for example, “the other side is not complying with my discovery requests”) will result in the denial of the IDC request.
The joint exhibit list must allocate number blocks by party and include each exhibit's number, a brief description, and three columns headed 'Stipulation: Authenticity/Admission', 'Date Identified', and 'Date Admitted', with counsel asked to attempt stipulations to admissibility or foundation.
Court's wording
Counsel are to agree on a block of numbers to be allocated to each party for exhibits. The exhibit list shall include the exhibit number and a brief description of the exhibit. There shall be three columns to the right of the description. The first of these should be a column headed "Stipulation: Authenticity/Admission." The second of these should be a column headed "Date Identified." The third should be a column headed "Date Admitted." The Court requests that counsel attempt to stipulate to the admissibility or foundation of exhibits contained on the list.
Parties must submit a joint witness list showing each witness's estimated total testimony time (direct, cross, redirect, recross) plus a total of all time estimates.
Court's wording
The parties must submit a joint list of all witnesses each party actually intends to call. Next to each witness, the parties must indicate the total time estimated for that witness's testimony (including direct, cross, redirect, and recross). Counsel shall make realistic time estimates. At the end of the list, counsel must total the time estimated for testimony.
CRC Rule 2.1055 contains specific requirements regarding the filing and submission of proposed jury instructions, including form and format. Strict compliance with CRC 2.1055 will be enforced. The Court strongly encourages counsel to adhere to the proposed CACI instructions and not deviate from them.
Parties using deposition or former testimony in lieu of live testimony must meet and confer and jointly file a designation chart with columns for designations, objections, counter-designations, responses, and the Court's ruling.
Court's wording
If the p a r t i e s intend to use deposition testimony or former trial testimony in lieu of any witness’s live testimony, counsel shall meet and confer and jointly prepare and file a chart with columns for: 1) the line and page designations of the deposition or former testimony requested, 2) objections, 3) counter- designations, 4) any responses to the objections, and 5) the Court’s ruling.
Parties must submit a joint set of agreed jury instructions plus each side's objected-to instructions, providing full text of all requested instructions with blanks completed and compliance with LR 3.170–3.171.
Court's wording
The parties are to submit a joint set of agreed- upon instructions, plus a set of instructions from each side to which there are objections. The parties shall provide the full text of all requested instructions (not just a list). Before submitting the instructions, counsel must fill in the blanks in the form instructions, make any appropriate modifications, and comply with LR 3.170 – 3.171.
Compliance with LR Rule 3.57, including the declaration and meet and confer requirements, is mandatory. Boilerplate or form motions in limine are disfavored.
The Court strongly encourages the parties to use a court reporter for trial. If no court reporter is used, the parties must jointly prepare a settled statement summarizing the day's proceedings, and lodge it in the courtroom the next morning before proceedings resume.
submit proposed general or special verdict forms. If counsel cannot agree advance on a single verdict form, alternative verdict forms should be submitted. Counsel shall identify for the Court the areas of disagreement with respect to the verdict form. Counsel are strongly encouraged to use the suggest verdict forms in the CACI instructions and not deviate from them.
Please consult Local Rules (“LR”) 2.8 and 2.9 to determine whether the ex parte application is properly calendared in Department 517. Ex parte applications must comply with CRC 3.1200 et seq.
JOINT STATEMENT OF THE CASE. This statement will be read by the Court to the prospective jurors. Counsel must meet and confer to prepare the statement, which shall bea brief and neutral document that informs the jury about the parties and their claims/defenses without favoring one side.
Filing & Service rules
Filing Timing and Cure Windows
Ex parte applications must be filed by 10:00 am on the court day before the ex parte hearing, absent an exception.
Absent an exception, ex parte applications must be filed by 10:00 am on the court day prior to the ex parte hearing.
Civil cases
Page 3 | Ex Parte Applications
Case Management Statements must be filed at least 7 calendar days before the scheduled Case Management Conference.
Case Management Statements must be filed at least 7 calendar days before the date scheduled for the conference.
Civil cases
Page 3 | Case Management
Joint trial readiness documents must be filed at least five court days before the FSC, and failure to participate may preclude a party from calling witnesses, presenting exhibits, or having a jury trial.
Trial readiness documents must be jointly filed at least five court days prior to the FSC. Failure by a party to participate in the exchange and filing of trial readiness documents may result in theparty being precluded from calling witnesses, presenting exhibits, or (if the other party wants a bench trial) having a jury trial.
Civil cases
Page 4 | Trial Procedure
Motions in limine must be filed and served with proper statutory notice and set for hearing on the FSC date.
Motions in limine must be filed and served with proper statutory notice and set for hearing on the FSC date. LR 3.25 (f)(2).
Civil cases
Page 6 | MOTIONS IN LIMINE
Filing Fees and Waivers
Jury trial fees must be posted before the Case Management Conference if a jury trial has been requested.
If a jury trial has been requested, jury trial fees must be posed prior to the Case Management Conference.
Civil cases
Page 3 | Setting of the Trial and Status Conferences
Courtesy Copy Requirements
Hard copies of trial readiness documents must be assembled in three-hole binders and delivered to the Court the day before the FSC.
In addition to the filing and service of the documents, hard copies of the documents must be assembled in three-hole binders and delivered to the Court the daybefore the FSC.
Civil cases
Page 4 | Trial Procedure
Counsel must prepare separate sets of trial exhibits for the Court, the opposing party(ies), the witness stand, and the Judicial Assistant.
Counsel must prepare a separate set of exhibits for the Court, the opposing party(parties), the witness stand, and the Judicial Assistant.
Civil cases
Page 5 | 2. JOINT EXHIBIT LIST AND EXHIBITS
No later than one day before the FSC, the moving party on each motion in limine must lodge directly in Dept. 517 an indexed, tabbed three-ring binder containing conformed copies of all moving, opposition, and reply papers.
No later than one day before the FSC, the moving party for each motion in limine must lodge directly in Dept. 517 an indexed and tabbed three-ring binder containing conformed copies of all moving, opposition, and reply papers.
Civil cases
Page 6 | MOTIONS IN LIMINE
Pre-Motion Conference Requirements
Counsel must meet and confer no later than 15 calendar days before each Case Management Conference to address the issues in CRC Rules 3.724 and 3.727.
Counsel are required to meet and confer by videoconference, telephone or in person no later than 15 calendar days before the date set for the initial and any succeeding Case Management Conference to consider each of the issues identified in CRC Rules 3.724 and 3.727.
Civil cases
Page 3 | Case Management
Trial counsel must meet by videoconference, telephone, or in person well before the FSC regarding joint trial readiness documents.
The Court requires trial counsel to meet by videoconference, telephone or in person well before the final status conference concerning the submission of joint trial readiness documents. LR 3.25 (g).
Civil cases
Page 4 | Trial Procedure
An informal discovery conference (IDC) is not required before filing a discovery motion; if requested and granted, the Court sets the IDC date.
It is not necessary to reserve a date for the IDC on CRS. If the Court grants the request for an IDC, the Court will set a date for the IDC. It is not necessary to request an IDC before filing a discovery motion.
Civil cases
Page 3 | Discovery Motions and Informal Discovery Conferences
Adjournment & Extension Requirements
A trial continuance at the further status conference requires a collective request by all sides, evident good cause, and available calendar time to adjust the trial date.
For a trial continuance to be given at a further status conference, there has to be a collective request by all sides for a continuance; it has to be evident to the Court that that there is good cause for a continuance; and there has to be time on the calendar at the further status conference to adjust the trial date.
Civil cases
Page 4 | Setting of the Trial and Status Conferences
Attorneys and parties are expected to grant reasonable requests for extensions of time to respond to pleadings, discovery, or other matters.
In that vein, 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.
Civil cases
Page 1 | Civility and Professionalism