Judge Bradley Erdosi
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Courtesy copies
- 2 copies
Ex Parte Application
- 1 copy • By 12pm Day Before Hearing
Document Format Requirements9 rules
The binder(s) containing the Trial Notebook must be no larger than 3 inches, and it is acceptable if more than one binder is used.
- Binding
- Binder
- Trial notebook
Formatting
- •Binder no larger than 3 inches
- •Multiple binders acceptable
Each set of exhibits must be in three-ringer binders that are no larger than three inches.
- Binding
- Three-ring binder
- Exhibits
Formatting
- •Binder no larger than 3 inches
Exhibit binder covers must identify the binder as an exhibit binder, volume number, and exhibits included; spine must also show volume and exhibits.
- Exhibits
Formatting
- •Cover must identify binder as exhibit binder
- •Cover must list specific exhibits included
Court's wording
The outside cover of each binder must include a caption page identifying the binder as an exhibit binder, the volume number of the binder (e.g., Volume 3 of 7), and the specific exhibits included in the binder (e.g., Exhibit Nos. 27-45). The outer spine of the binder also must identify the volume number and the specific exhibits included in the binder.
The first page of every exhibit in the witness copy should have an exhibit tag filled out and stapled to the top right corner.
Every binder must include a copy of the exhibit list and every exhibit must be separated with a numbered tab that corresponds to the exhibit list.
- Exhibits
Formatting
- •Each exhibit separated by numbered tab corresponding to exhibit list
In a two-party case, Plaintiff shall number its exhibits starting with 1; Defendant shall number its exhibits starting with 200.
- Exhibits
Formatting
- •Plaintiff exhibits start with 1
- •Defendant exhibits start with 200
If there are more than two Parties, the Parties are to cooperate in agreeing on a number range for each party. No two Parties are to use the same number, and duplicate exhibits are to be avoided.
- Exhibits
Formatting
- •No two parties may use the same number
- •Duplicate exhibits must be avoided
Each page of each exhibit must be numbered starting with one per exhibit, using exhibit number and page number (e.g., 7-1, 7-2).
Court's wording
each page of each exhibit must be separately numbered with each exhibit starting with number one. For example, if Exhibit 7 is a three-page exhibit, its pages should be numbered 7-1, 7-2, and 7-3, and the first page of Exhibit 8 would then be 8-1.
If these numbers are not sufficient to cover all exhibits, the Parties are to cooperate and agree to an appropriate number range for each party.
Document Filing Requirements10 rules
The Parties must e-file a fully executed Statement of Compliance (Form L-0081) and a copy also should be included in the Trial Notebook.
- Document
- Statement of compliance
Must include
- •Form L-0081
No exhibit shall be published to the jury prior to being admitted and without court approval.
The joint exhibit list must be e-filed and included in both the Court's Trial Notebook and each exhibit binder.
Video and audio tape evidence must be accompanied by a separately marked transcript or still picture representation.
Court's wording
Video tape or audio tape evidence may not be introduced unless accompanied by a separately marked audio transcript and/or “still picture” representation of what the proponent seeks to present as evidence. The parties are required to comply with CRC 2.1040.
Parties must provide a separately indexed joint compendium of jury instructions and verdict forms organized by agreement and proponent before trial.
Court's wording
Prior to the commencement of trial, the Parties shall also provide the Court with a separately indexed joint compendium identifying all agreed upon and contested instructions or verdict forms, with all instructions attached and organized by proponent and competing verdict forms appended collectively (e.g., attachment A consists of jointly requested instructions, attachment B consists of instructions requested by Plaintiff but disputed by Defendant, attachment C consists of instructions requested by Defendant but disputed by Plaintiff, attachment D consists of the Parties’ competing verdict forms).
After the verdict is read and the jury discharged, the prevailing Party shall prepare a Proposed Judgment, which must include the exact wording of the verdict.
Joint exhibit list must have a caption page and a table with specific columns.
- Document
- Joint exhibit list
Must include
- •Caption
- •Exhibit list
Court's wording
The joint exhibit list must include a caption page identifying it, and the list should be in a table format that includes the following columns: (1) "Exhibit Number," (2) "Description," (3) "Stipulation," (4) "Date Identified," and (5) "Date Admitted."
Exhibits must be moved into evidence as soon as admissibility is established, not at the end of testimony or case.
Court's wording
Each exhibit should be moved into evidence as soon as admissibility has been established; DO NOT wait until the end of a witness's testimony or the end of a party's case to move exhibits into evidence.
The Parties are expected to have already attempted to stipulate to the admissibility and/or foundation for all exhibits with those agreements reflected on the joint exhibit list.
Joint witness list must include a caption page and be in table format with specified columns and time estimate totals.
Court's wording
Parties are required to submit a joint witness list. The joint witness list must include a caption page identifying it, and the list should be in a table format that includes the following columns: (1) a number for each witness, (2) “Witness,” (3) “Title and/or Role in Case,” (4) “Direct Examination Time Estimate,” (5) “Cross Examination Time Estimate,” and (6) “Total Time Estimate.” Each time estimate column should include a total time estimate at the bottom so the list provides a total of all direct examination time estimates, a total of all cross-examination time estimates, and a total of all time estimates.
Filing & Service rules
Electronic Filing Rules
Ex parte applications must be filed electronically.
Ex parte applications shall be filed electronically, along with a courtesy copy delivered to the courtroom by 12:00 p.m. the day before the hearing. Any opposition is due by 10:00 a.m. on the date of the ex parte hearing.
Page 2 | GENERAL PROCEDURES
Parties must e-file a joint notice in table format listing designated deposition testimony by page and line number, and any objections.
At that time, the parties also shall e-file a joint notice in table format that identifies each designated portion of testimony by page and line number, and any objections to each designated portion of testimony.
Page 5 | D. Depositions
Stipulations to be read or submitted to the jury must be in writing and e-filed.
Any stipulation to be read or submitted to the jury must be reduced to writing and e-filed with the Court to make it part of the court file.
Page 6 | F. Stipulations
Filing Timing and Cure Windows
Opposition to ex parte applications is due by 10:00 a.m. on the hearing date.
Any opposition is due by 10:00 a.m. on the date of the ex parte hearing.
Page 2 | GENERAL PROCEDURES
Trial Notebook must be delivered to the courtroom by noon on the Wednesday before trial.
The Trial Notebook described in Orange County Local Rule 317 must be delivered to the courtroom by 12:00 noon on the Wednesday before the trial date.
Page 3 | TRIAL PROCEDURES / B. Pre-Trial Procedure / Rule 317
Deposition designations must be exchanged by the Issue Conference, and the annotated transcript must be submitted to the court before trial.
A Party that expects to present one or more witnesses at trial by deposition shall, no later than the Issue Conference, provide opposing counsel with its written deposition designations. This shall be done by providing a hard copy of the deposition transcript with that Party’s designations highlighted. The other Party shall, on the same hard copy of the document, mark its counter-designations (by highlighting them in a different color) and also indicate, in the margin next to any testimony designated by the other side, any objections to the admissibility of the designated testimony. Once both sides have annotated the transcript with their designations, counter-designations, and objections to the other side’s designations, the transcript shall be submitted to the Court prior to commencement of trial.
Page 5 | D. Depositions
Counsel must lodge all trial depositions with the clerk before trial and advise the court if any are unsigned.
Prior to commencement of trial, counsel shall lodge all depositions to be used in trial with the clerk and advise the Court if there are any depositions which are unsigned.
Page 5 | D. Depositions
After the verdict is read and the jury discharged, the prevailing Party shall prepare a Proposed Judgment, which must include the exact wording of the verdict. Code of Civil Procedure 664 states that the judgment must be entered within 24 hours, with certain exceptions. Unless a Party objects or the Court orders otherwise, the Court will grant an extension of that time to file the Proposed Judgment. The Proposed Judgment must be e-filed, served on the opposing Party, and lodged with the Court in Department C27 within seven (7) calendar days of the reading of the verdict.
After the verdict is read and the jury discharged, the prevailing Party shall prepare a Proposed Judgment, which must include the exact wording of the verdict. Code of Civil Procedure 664 states that the judgment must be entered within 24 hours, with certain exceptions. Unless a Party objects or the Court orders otherwise, the Court will grant an extension of that time to file the Proposed Judgment. The Proposed Judgment must be e-filed, served on the opposing Party, and lodged with the Court in Department C27 within seven (7) calendar days of the reading of the verdict.
Page 6 | I. Judgments
Proposed jury instructions and verdict forms are due as part of the Trial Notebook by noon on the Wednesday before trial.
All proposed jury instructions and verdict forms must be submitted to the clerk as part of the Trial Notebook by noon on the Wednesday before trial per OCLR 317.
Page 6 | H. Jury Instructions and Verdict Forms
Parties must promptly seek a court ruling on deposition objections when presenting videotaped testimony.
Where the deposition testimony will be presented by videotape, the Parties shall promptly seek a ruling resolving objections and counter-designations so that the videotape can be edited to remove objections and attorney argument.
Page 5 | D. Depositions
Courtesy Copy Requirements
Ex parte applications must be e-filed and a courtesy copy delivered to the courtroom by noon the day before the hearing.
Ex parte applications shall be filed electronically, along with a courtesy copy delivered to the courtroom by 12:00 p.m. the day before the hearing.
Page 2 | GENERAL PROCEDURES
The Parties must appear on the date of trial with two (2) complete sets of the exhibits for the Court (in addition to the copies for the Parties).
The Parties must appear on the date of trial with two (2) complete sets of the exhibits for the Court (in addition to the copies for the Parties).
Page 4 | TRIAL PROCEDURES / C. Exhibit List, Exhibits, and Demonstratives
Filing Bundling Requirements
Motions in limine should be placed in a separate binder from the rest of the Trial Notebook.
the Court requests the motions in limine be placed in a binder(s) separate from the other contents of the Trial Notebook.
Page 3 | TRIAL PROCEDURES / B. Pre-Trial Procedure / Rule 317
Pre-Motion Conference Requirements
The Court strongly encourages the Parties to work out their differences informally. The moving and responding Parties are expected to engage in meaningful meet and confer conversations in person, telephonically, or over remote videoconference, not through email, prior to filing any discovery motion.
The Court strongly encourages the Parties to work out their differences informally. The moving and responding Parties are expected to engage in meaningful meet and confer conversations in person, telephonically, or over remote videoconference, not through email, prior to filing any discovery motion.
Page 3 | LAW AND MOTION MATTERS / C. Discovery Motions
Chambers Communication Rules
Reservations for ex parte hearings must be made by 10:00 a.m. the day before the hearing.
Reservations must be made with the department no later than 10:00 a.m. the day before the hearing.
Page 2 | GENERAL PROCEDURES