Judge Richard S. Kemalyan
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Communication
Phone
Chambers
Page & Word Limits1 rule
At least five (5) court days before the IDC, the parties MUST separately or jointly file a brief of no more than three (3) pages setting forth the issues in dispute and their respective positions.
- IDC brief
- Up to 3 pages
Document Format Requirements2 rules
Motions in Limine: These motions and opposition thereto must be filed in a separate notebook/binder.
NOTE: Each exhibit must be separately numbered. If an exhibit contains more than one page, the pages must be internally numbered, i.e. Exh. 3, 3.1, 3.2 etc.
Document Filing Requirements13 rules
Ex parte relief will be granted only upon an admissible-evidence showing of irreparable harm, immediate danger, or a statutory basis for ex parte relief.
Court's wording
The Court will only grant ex parte relief upon a showing, by admissible evidence, that the moving party will suffer "irreparable harm", "immediate danger," or where the moving party identifies a "statutory basis for granting relief ex parte." (See Cal. Rules of Ct. Rule 3.1202(c).)
Should parties not provide a court reporter, they will be required to provide a joint summary of testimony and evidence admitted each day, for the Court's use in preparing a settled statement for appellate purposes.
If there are multiple motions they must each bear a number and title of what is being addressed.
Note that these motions must not be used as a substitute for statutorily authorized dispositive motions.
Compliance with Local Rules 3.25(f)(2) and 3.57 is required, including the meet and confer requirements.
The parties must submit a joint witness list of all intended witnesses, noting expert status and realistic per-witness time estimates (direct, cross, redirect), with a total at the end of the list.
Court's wording
The parties must submit a joint witness list of all witnesses each party actually intends to call. Next to each witness, note if the witness is an expert, indicate the total time estimated for that witness's testimony, including direct, cross and redirect. Time estimates must be realistic. At the end of the list, total the time estimated for testimony.
Absent good cause, the total number of hours listed for testimony shall not exceed the trial estimate given at the CMG, including the allocation of one day of the estimate for jury selection and sufficient time for opening statements and closing arguments.
Counsel must file a joint exhibit list with columns identifying each exhibit and each party's evidentiary objections, meet and confer before submitting it, and objections not stated in writing on the list are deemed waived absent good cause.
Court's wording
Counsel 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. Before submitting the joint exhibit list, counsel must meet and confer in an effort to resolve objections to the admissibility of each exhibit. Objections not stated in writing on the joint list shall be deemed waived except upon a showing of good cause.
Parties must submit joint proposed jury instructions plus each side's objected-to instructions with full text, completed and compliant with Local Rules 3.170-3.171 using CACI forms, with citations and requesting party removed before submission to the jury.
Court's wording
The parties are to submit a joint set of 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. Before submitting, counsel must fill in the blanks, make every appropriate modifications, and comply with Local Rule 3.170-3.171. Use CACI for form instructions. Citation of authority and the party requesting will be required to be removed by counsel after the jury instruction conference and before submission to the jury.
Parties will need to obtain and execute a stipulation for settlement conferences conducted by the trial judge.
Joint Statement of the Case: For jury trials, counsel should reach an agreement on a joint statement of the case to be read to the jury. See Local Rule 3.25(g)(4). The statement should identify the parties and be neutral in describing the general subject matter of the case.
Trial Briefs: The Court recommends that each side file a trial brief in either a bench or jury trial.
Counsel are encouraged to agree upon a special verdict form and submit it to the Court with the other joint materials. If counsel cannot agree on a special verdict form, the Court may prepare a general verdict form.
Filing & Service rules
Electronic Filing Rules
Parties must file joint trial documents both electronically and in trial notebooks or binders prior to the Final Status Conference.
NOTE: The parties are required to prepare joint documents (discussed below) and to file them electronically AND in trial notebooks or binders prior to the FSC. See Local Rule 3.25(f)(1).
Civil cases
Page 6 | Trial Preparation and Procedures
Plaintiff must e-file the Notice of Settlement on Judicial Council Form CM-200, with no exception even if the case settled at a judicial MSC.
Notice of Settlement must be e-filed by plaintiff using Judicial Council Form CM-200, even if the case is settled at a judicial MSC.
Civil cases
Page 6 | Settlement Conferences and Mediation
Filing Timing and Cure Windows
Case Management Statements must be filed at least 7 calendar days before the Case Management Conference.
Case Management Statements must be filed at least seven (7) calendar days before the date set for the conference.
Civil cases
Page 1 | Case Management Conferences
The joint summary of the prior day's testimony and evidence must be submitted no later than 8:30 a.m. on the following day of trial.
The summary of the testimony and evidence must be submitted as a joint summary for the prior day's testimony no later than 8:30 a.m. on the following day of trial.
Civil cases
Page 4 | Court Reporters
All trial documents must be filed and served no later than ten (10) days before the Final Status Conference.
Pursuant to Local Rule 3.25(g)(3), the Court orders that all trial documents discussed herein MUST be filed and served no later than ten (10) days before the FSC.
Civil cases
Page 7 | Trial Preparation and Procedures
Service and Proof of Service Rules
At the conclusion of each court day, counsel must advise opposing counsel of the witnesses to be called the next day.
At the conclusion of each court day, counsel are ordered to advise opposing counsel of the witnesses to be called the next day.
Civil cases
Page 7 | Trial Preparation and Procedures
Filing Fees and Waivers
The Court does not provide court reporters absent a fee waiver. A party who has received a fee waiver pursuant to CRC 3.55.(7) may request an official court reporter by filing form FW-020 at least ten (10) court days before the trial or hearing. (See CRC 2.956(c)).
The Court does not provide court reporters absent a fee waiver. A party who has received a fee waiver pursuant to CRC 3.55.(7) may request an official court reporter by filing form FW-020 at least ten (10) court days before the trial or hearing. (See CRC 2.956(c)).
Civil cases
Page 4 | Court Reporters
Courtesy Copy Requirements
The Court requests (not mandates) courtesy copies of filings.
The Court REQUESTS courtesy copies of filings.
Civil cases
Page 3 | Motions
Pre-Motion Conference Requirements
The IDC brief must be filed separately or jointly at least five (5) court days before the IDC, and failure to file it will result in the IDC being taken off calendar.
At least five (5) court days before the IDC, the parties MUST separately or jointly file a brief of no more than three (3) pages setting forth the issues in dispute and their respective positions. Failure to file the required IDC brief will result in the IDC being taken off calendar.
Civil cases
Page 3 | Discovery/Discovery Motions and Discovery Disputes
A hearing must be reserved through the court reservation system for every motion.
A hearing must be reserved for any motion through the court reservation system.
Civil cases
Page 3 | Motions
Parties must conduct an independent meet and confer before filing any motion to compel discovery.
The parties are required to conduct an independent meet and confer prior to the filing of a motion to compel discovery.
Civil cases
Page 3 | Discovery/Discovery Motions and Discovery Disputes
Chambers Communication Rules
Parties must check in with the Judicial Assistant between 8:30 a.m. and 8:50 a.m. on motion hearing days.
The parties must check in with the Judicial Assistant between 8:30 a.m. and 8:50 a.m. as the Court will take the bench at 9:00 a.m.
Civil cases
Page 3 | Motions
To schedule an informal discovery conference (IDC), counsel must first meet and confer on a date and then call the court to request an agreeable date.
To schedule an IDC, counsel must meet and confer on a date and then call the court to request an agreeable date.
Civil cases
Page 3 | Discovery/Discovery Motions and Discovery Disputes