Judge Randolph M. Hammock
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- 3 copies
Exhibits
- 2 copies • At Outset of Trial
Final Status Conference Documents
- At Final Status Conference
Adjournments
- Continuance or extension requests that also seek to extend related cut-off dates must include specific notice of that request in the declaration.
Request must include
Communication
Chambers
Phone
Chambers
Document Format Requirements2 rules
The exhibits shall be placed in one or more 3-ring binders for ease of access and shall be properly marked. Each exhibit shall be internally paginated. Non-documentary exhibits shall be represented in the binder with a simple written description.
- Binding
- Three-ring binder
- Exhibits
Formatting
- •Exhibits properly marked
- •Each exhibit internally paginated
Special instructions should be submitted in a format suitable for jury review, i.e., citations of authority and identity of requesting party placed above the text. (SCLAC Rule 3.171).
- Special jury instructions
Formatting
- •Format suitable for jury review
Document Filing Requirements22 rules
To wit, there must be an affirmative showing of "irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte." See, Cal. Rules of Court, rule 3.1202 (c). You will need to demonstrate to the court as to the reason(s) why you cannot seek the requested relief by means of a noticed motion.
An ex parte declaration must state that proper and detailed notice of the specific relief sought was given to all interested parties; general notice statements are insufficient.
Court's wording
The declaration must state that you gave proper and detailed notice to all interested parties of “the relief sought.” For example, if you are requesting a continuance of the trial date, and if you are also requesting that all related cut-off dates (in whole or in part) be extended to the new date, you must give specific notice of such a request, and the declaration must contain that specific notice. Simply stating that you gave “notice of the instant ex parte application,” or other types of general statements are insufficient.
Boilerplate or form motions in limine are disfavored. Motions in limine shall designate the specific evidence sought to be precluded.
Prior to the Final Status Conference, counsel are ordered to meet and confer to exchange, discuss, and prepare for submission to the court the jury instructions, verdict form, a statement of the case, exhibits, exhibit lists and witness lists. Counsel shall also attempt to reach stipulations with regard to ultimate facts and issues, and authenticity/admissibility of exhibits.
- Document
- Final status conference documents
Must include
- •Exhibit list
The parties must submit a joint exhibit list with agreed blocks of exhibit numbers, including exhibit number, brief description, and three columns headed Stipulation: Authenticity/Admission, Date Identified, and Date Admitted.
Court's wording
A joint exhibit list. Counsel are to agree on a block of numbers to be allocated to each party for exhibits. (See SCLAC Rule 3.53). The exhibit list shall include the exhibit number and a brief description of the exhibit. There should 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."
Counsel shall prepare a joint set of exhibits.
A joint set of jury instructions. Counsel shall meet and confer to prepare this joint set. Any proposed instruction to which counsel cannot agree shall be submitted as a separate set or sets. Each instruction must indicate the party/parties requesting the instruction. All blanks on CACI instructions must be completed and any irrelevant portions stricken. (SCLAC Rule 3.170).
A joint written statement of the case suitable to be read to the jury.
A joint witness list, including each witness's name, include the time estimate for direct, cross, and redirect, total time for (all witnesses expected to testify), any potential scheduling problem, and any special requirements. The names of the witnesses are to be listed alphabetically.
A joint general verdict form, and/or any special verdict forms that will be requested.
FAILURE TO SUBMIT any item required by this order in a timely manner without good cause will subject the party to the imposition of appropriate SANCTIONS, including monetary sanctions, exclusion of evidence, issue preclusion, denial of claim or defense, dismissal, and default.
They shall also prepare a set of exhibits. These may be joint or separate for each party, as may be agreed between the parties.
The joint case management statement must address six issues: status of the mandatory document exchange, mandatory mediation, any optional deposition, each party's position on CCP § 871.24, plaintiff's specific buyback facts, and defendant's position on why the vehicle does or does not qualify for a buyback.
Court's wording
That JCMCS shall address the following issues: (1) Status of mandatory joint document exchange, per CCP § 871.26 (b). State whether or when the exchange occurred and whether it was adequately completed or not. (2) Status of mandatory mediation, per CCP § 871.26 (d). State the date of the mediation and name of the mediator. (3) State whether any party exercised their optional right to a deposition, per CCP § 871.26 (c), and if so, state the name (and title) of the deponent, when it occurred, and whether it was completed or not. (4) State each party’s position as to the applicability of CCP § 871.24, re: prelitigation demands/double penalties. If you contend that said section applies in this case, state the reasons why, and whether or not there was compliance with same. (5) Plaintiff shall plainly state the facts as to why the automobile qualifies for a “buyback,” to wit, what was (or still is) wrong with the vehicle at issue. Do not use conclusionary terms such as “engine, mechanical or electrical” problems. BE SPECIFIC. E.g., engine light turns on, power screen malfunctions, etc. (6) Defendant shall plainly state why the vehicle at issue does not qualify for a “buyback,” in view of Plaintiff’ statements in No. 5. Alternatively, Defendant can simply state that the vehicle does, in fact, qualify for a buy back, but there are remaining issues as to the buyback price, credits, attorney’s fees, costs, etc. Identify and briefly discuss those issues.
Prior to the next hearing, both parties are to meet and confer, and to file a JOINT Case Management Statement (“JCMCS”), signed by both parties’ attorneys.
This JCMC does not relieve the parties from filing a proper CMC statement on the mandatory court form (CM-110). They may file that separately, or jointly, as allowed by the form.
If there is no SSS filed as to any particular discovery motion, this Court will consider the MTCFR to be moot/resolved.
THERE SHALL NOT BE ANY FURTHER WRITTEN DISCUSSION AS TO WHY OR WHY NOT A FURTHER RESPONSE SHOULD BE COMPELLED. Counsel will be able to orally argue at the hearing, if needed by the Court.
All counsel must read and consider three specified published discovery articles by Judge Hammock (available on the SCLAC website for Department 509) and each counsel must electronically file and serve a written declaration within 14 days attesting compliance with this order.
Court's wording
All counsel of record in this case are hereby ordered to read and consider the following three published articles concerning discovery disputes written by Judge Hammock: (1) “Common mistakes and pitfalls in responses to Requests for Production of Documents”; (2) “Discover what you may not know about the Discovery Act”; and (3) “Admit or Deny.” A copy of these articles are available on the SCLAC web site (www.lacourt.ca.gov) in “Courtroom Information” for Department 509 (Stanley Mosk). Each counsel is also ordered to electronically file and serve a written declaration in this case, within 14 days, which attests to the compliance of this specific order;
A moving party still seeking to compel further responses must file and serve a Supplemental Separate Statement for each motion containing the discovery requests verbatim and every response verbatim, indicating 'no further response was given' where no supplemental response was served.
Court's wording
If the moving/propounding party still wants this Court to compel a further response to any particular discovery item, that party shall file and serve a “Supplemental Separate Statement” (“SSS”) for each motion, which contains the following: (1) The specific discovery request(s) verbatim; (2) Each and every response, verbatim, given to that request by the responding party. If there was no supplemental response given subsequently to this Order, the moving party shall indicate that “no further response was given” to that particular discovery request.
The court requests that counsel attempt to stipulate to the admissibility or foundation of documents contained on the list.
Plaintiff must state specific facts about the vehicle's defects in the JCMCS and may not use conclusory terms such as 'engine, mechanical or electrical' problems.
Court's wording
Plaintiff shall plainly state the facts as to why the automobile qualifies for a “buyback,” to wit, what was (or still is) wrong with the vehicle at issue. Do not use conclusionary terms such as “engine, mechanical or electrical” problems. BE SPECIFIC. E.g., engine light turns on, power screen malfunctions, etc.
Trial briefs are optional but preferred; if filed, each party's trial brief must contain a description of claims and defenses, major legal issues with supporting authorities, the relief claimed and damages calculation, and any other information assisting the court.
- Document
- Trial brief
Include
- •Legal argument
Court's wording
TRIAL BRIEFS (Optional but Preferred) A trial brief from each party containing: (1) A brief description of the claims and defenses subject to litigation; (2) List of major legal issues anticipated with supporting points and authorities; (3) A brief statement of the relief claimed and calculation of damages sought; and (4) Any other information which counsel believes may assist the court in ruling upon trial objections or matters that may arise in trial.
Filing & Service rules
Electronic Filing Rules
Each counsel must electronically file and serve a written declaration attesting compliance with the article-reading order.
Each counsel is also ordered to electronically file and serve a written declaration in this case, within 14 days, which attests to the compliance of this specific order;
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Filing Timing and Cure Windows
Motions in limine and oppositions must be on file by the Final Status Conference date (by agreement or CCP 1005 statutory notice) and will be heard on the first day of trial.
Motions in limine and oppositions thereto. Counsel may either agree between themselves on the filing date for the motions and oppositions (as long as they are on file by the Final Status Conference date) or comply with statutory notice under CCP Section 1005. They will be heard on the first day of trial.
Page 4 | Dept. 509 Trial Preparation Order - FILINGS - MOTIONS IN LIMINE
All Final Status Conference documents must be filed at least 5 court days before the conference.
All documents required for the Final Status Conference shall be FILED AT LEAST 5 COURT DAYS PRIOR to the conference and must be served on all opposing counsel early enough to be received by other counsel before the conference date.
Page 4 | Dept. 509 Trial Preparation Order - FILINGS
All trial documents must be filed at least 5 court days before the trial date, served on opposing counsel early enough to be received before that date, and copies brought on the trial date.
All documents required for the trial shall be FILED AT LEAST 5 COURT DAYS PRIOR to the Trial Date and must be served on all opposing counsel early enough to be received by other counsel before said date. Be sure to bring copies of them on the trial date.
Page 6 | Bench/Non-Jury Trial Order - Filings
The JCMC statement must be filed within three court days before the continued CMC hearing date.
This JCMC Statement shall be filed within three (3) court days before the continued CMC hearing date.
Page 11
The compliance declaration must be filed and served within 14 days.
Each counsel is also ordered to electronically file and serve a written declaration in this case, within 14 days, which attests to the compliance of this specific order;
Page 12 | RESPONSES (“MTCFR”) TO DISCOVERY
Service and Proof of Service Rules
Trial documents must be served on all opposing counsel early enough to be received before the trial date.
All documents required for the trial shall be FILED AT LEAST 5 COURT DAYS PRIOR to the Trial Date and must be served on all opposing counsel early enough to be received by other counsel before said date.
Page 6 | Bench/Non-Jury Trial Order - Filings
Counsel must mutually exchange all exhibits within 10 days of the trial date, except exhibits used solely for impeachment.
Counsel shall mutually exchange all exhibits (except for impeachment purposes only) within 10 days of the Trial date.
Page 6 | Bench/Non-Jury Trial Order - Filings - Exhibits
Both plaintiff and defendant must serve verifications along with the documents they produce.
Plaintiff and defendant shall serve verifications with the documents they produce.
Page 9 | Dept. 509 Trial Preparation Order
A copy of the submit-on-tentative email must also be sent to all counsel (via email, fax, or similar means).
Please send all copy of said email to all counsel (via email, fax, etc.).
Page 2 | Hearings: Law & Motion
Final Status Conference documents must be served on all opposing counsel early enough to be received before the conference date.
All documents required for the Final Status Conference shall be FILED AT LEAST 5 COURT DAYS PRIOR to the conference and must be served on all opposing counsel early enough to be received by other counsel before the conference date.
Page 4 | Dept. 509 Trial Preparation Order - FILINGS
For each MTCFR, the responding party may voluntarily serve (rather than file) supplemental responses to the discovery requests at issue by the stated date.
The responding/opposing party for each MTCFR may voluntarily serve (not file) supplemental responses to any of the discovery request at issue in the MTCFR by ____________.
Page 12 | RESPONSES (“MTCFR”) TO DISCOVERY
Produced discovery information may be served on the opposing party electronically as a PDF, at the producing party's option.
The information may be provided to the opposing party in electronic form as a PDF at the option of the producing party
Page 9 | Dept. 509 Trial Preparation Order
Notice of this Addendum has been or must be provided to the parties' respective attorneys at the Case Management Conference.
Notice of this Addendum has or shall be provided to the parties' respective attorneys at the Case Management Conference.
Page 10 | Dept. 509 Trial Preparation Order
Filing Fees and Waivers
Motion fees must be paid at the time the motions are scheduled online through CRS.
Motion fee payments are required at the time the motions are scheduled online.
Page 1 | Hearings: Law & Motion
Courtesy Copy Requirements
The original and 2 copies of all exhibits must be provided to the court at the outset of trial.
The original and 2 copies of all exhibits shall be provided to the court at the outset of trial.
Page 5 | Dept. 509 Trial Preparation Order - Exhibits
At least 3 copies of the joint exhibit list must be provided to the court.
At least 3 copies of the list shall be provided to the court.
Page 5 | Dept. 509 Trial Preparation Order - Exhibit Lists
Parties must bring copies of the Final Status Conference filings to the conference.
Be sure to bring copies of them to the conference.
Page 4 | Dept. 509 Trial Preparation Order - FILINGS
Sealing & Redaction Procedures
A party who believes exchanged discovery information needs protection must serve and file a proposed protective order within 5 days of this order and meet and confer on language, with the standard SCLAC Protective Order applying by default.
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 SCLAC in its website.
Page 9 | Dept. 509 Trial Preparation Order
Filing Bundling Requirements
The court requests that a separate book/binder be submitted to the chambers at the time of the Pre-Trial Conference, containing all MILs. The motions should be tabbed by number and contain all relevant pleadings to each MIL, including the motion, the P&As in support thereof, the prosed order, any opposition pleadings, and any reply pleadings. Each party who files any MIL shall submit such a book/binder for their own MILs. Alternatively, the parties may submit a joint book/binder.
The court requests that a separate book/binder be submitted to the chambers at the time of the Pre-Trial Conference, containing all MILs. The motions should be tabbed by number and contain all relevant pleadings to each MIL, including the motion, the P&As in support thereof, the prosed order, any opposition pleadings, and any reply pleadings. Each party who files any MIL shall submit such a book/binder for their own MILs. Alternatively, the parties may submit a joint book/binder.
Page 5 | Dept. 509 Trial Preparation Order - Motions in Limine
Pre-Motion Conference Requirements
Parties must reserve a motion hearing date through the online Court Reservation System (CRS) before filing any motion papers.
As of January 4, 2016, parties must obtain and schedule a motion hearing date via the online Court Reservation System (CRS) on the Superior Court of Los Angeles County website. Go to "LA Court Online, Court Reservation System" at www.lacourt.ca.gov to reserve a date prior to filing any motion papers.
Page 1 | Hearings: Law & Motion
To advance a motion hearing date, a party must first actually reserve a hearing date via CRS and then proceed on an ex parte application to advance that date.
However, you must first actually reserve a hearing date, via CRS, and then proceed on an ex parte application to advance that date. (See Ex Partes, infra.)
Page 2 | Hearings: Law & Motion
Counsel must comply with Local Rule 3.57 before filing any motions in limine.
Counsel shall comply with Local Rule 3.57 before filing any motions in limine.
Page 4 | Dept. 509 Trial Preparation Order - FILINGS - MOTIONS IN LIMINE
An Informal Discovery Conference is not required as a prerequisite to filing a motion to compel further responses unless the Court expressly orders otherwise.
First, unless otherwise expressly ordered by this Court, an Informal Discovery Conference (“IDC”) is not required as a prerequisite to filing a MTCFR.
Page 12 | RESPONSES (“MTCFR”) TO DISCOVERY
No Informal Discovery Conference will be allowed or ordered for simple motions to compel (as opposed to motions to compel further responses).
Suffice it to state, on a simple Motion to Compel (“MTC”) – as opposed to a MTCFR – there will not be any IDC allowed or ordered.
Page 12 | RESPONSES (“MTCFR”) TO DISCOVERY
Both parties may jointly request an Informal Discovery Conference in writing, briefly explaining the dispute and why it would help, and the Court will decide case-by-case whether to order one.
If both parties desire an IDC, they may jointly request one, in writing, briefly explaining the dispute, and why an IDC may be helpful. This Court will decide whether an IDC will be ordered on a case-by-case basis, after reviewing this written request.
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Adjournment & Extension Requirements
Continuance or extension requests that also seek to extend related cut-off dates must include specific notice of that request in the declaration.
For example, if you are requesting a continuance of the trial date, and if you are also requesting that all related cut-off dates (in whole or in part) be extended to the new date, you must give specific notice of such a request, and the declaration must contain that specific notice.
Page 3 | Ex Partes
Chambers Communication Rules
A party may submit on the tentative ruling by emailing chambers at smcdept509@lacourt.ca.gov no later than 8:30 a.m. on the day of the hearing, with the caveat that the court may still change its tentative ruling based on the oral argument of appearing parties.
You may submit upon the tentative by via email to smcdept509@lacourt.ca.gov by no later than 8:30 a.m. the day of the hearing. Please send all copy of said email to all counsel (via email, fax, etc.). However, if you submit on the tentative you should note that the court may actually change its tentative ruling (in whole or in part) based upon the oral argument of the parties who actually appear. This is only a "tentative" ruling.
Page 2 | Hearings: Law & Motion
Department 509's chambers email address is smcdept509@lacourt.ca.gov.
smcdept509@lacourt.ca.gov
Page 1 | Courtroom Information for Department 509
Department 509's courtroom telephone is (213) 633-0649, with public hours of 8:30 a.m. to Noon and 1:30 p.m. to 4:30 p.m.
Courtroom Telephone: (213) 633-0649 Public Hours: 8:30 a.m. to Noon 1:30 p.m. to 4:30 p.m.
Page 1 | Courtroom Information for Department 509