Judge David Hesseltine
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Ex Parte Papers
- Court Day Prior by 1130am
Exhibit List
- 2 copies
Trial Notebook
- Noon Wednesday Before Trial
Communication
Phone
Clerk
Document Format Requirements6 rules
Parties must bring two complete sets of trial exhibits in three-ring binders no larger than three inches, each binder containing a copy of the exhibit list and each exhibit separated by a numbered tab.
- Binding
- Three-ring binder
- Exhibits
Formatting
- •Binders no larger than three inches
Court's wording
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). Each set of exhibits must be in three-ringer binders that are no larger than three inches. ... 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.
Each proposed jury instruction must appear on a separate page and shall NOT include a disposition table.
Stipulations and Order must be submitted as ONE document in WORD format to enable the court to make any modification to the order portion the court deems necessary.
- File type
- Word
- Stipulation and order
Formatting
- •Single document
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.
Formatting
- •Multiple binders permitted
The proposed jury instructions shall be grouped into three groups that coincide with the three indexes, and each group should be separated by a piece of colored paper or a tab.
Other than identifying which party proposed the form, each verdict form should be in a format appropriate for submission to the jury.
Formatting
- •Only identify which party proposed the form
Document Filing Requirements17 rules
Ex parte applications must make an affirmative factual showing of irreparable harm, immediate danger, or a statutory basis, demonstrate proper notice, and state whether the application will be opposed.
Court's wording
applications must comply with California Rules of Court, rules 3.1200 through 3.1207, including, but not limited to, making an "affirmative factual showing in a declaration containing competent testimony based on Rev. 1/13/25 personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.” (Cal. Rules Ct., rule 3.1202.) The papers also must demonstrate notice was properly given and state whether the application will be
Joint exhibit list must include a caption page and a table with specific columns, exhibits must be numbered separately (no letters), and no exhibit may be identified as a plaintiff or defendant exhibit.
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.” All exhibits must be identified by a separate number; do not use letters. The description of each exhibit should include each exhibit’s date or state it is undated. The stipulation column should state whether the Parties stipulate to authenticity, foundation, admissibility, or none. The exhibit list should NOT identify any exhibit as a plaintiff or defendant exhibit.
Each exhibit binder's cover and spine must identify the exhibit binder, volume number, and specific exhibits, and each page of each exhibit must be numbered sequentially per exhibit starting at one.
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. Moreover, 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.
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 opposing party must mark counter-designations on the same hard copy in a different color and indicate objections to designated testimony in the margin.
Court's wording
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.
As part of the Trial Notebook, the Parties are required to submit a joint witness list. As stated in Orange County Local Rule 317, two additional copies
The joint witness list must have a caption page and a specific table format with defined columns and totals.
- Document
- Witness list
Must include
- •Caption
Court's wording
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.
Proposed jury instructions must begin with three table-format indexes with specified columns and titles.
Court's wording
The jury instructions must start with three indexes in table format that includes the following columns: (1) “Instruction”—this column should identify each instruction by CACI number and title (e.g., CACI 100 – Preliminary Admonition) or, for a special instruction, by the party proposing it, the number of the special instruction proposed by that party, and a brief description (e.g., Plaintiff’s Special Instruction No. 1 – Negligence), (2) “Given as Proposed,” (3) “Given as Modified,” (4) “Withdrawn,” and (5) “Refused.” The first index shall be entitled Agreed Upon Jury Instructions, the second index shall be entitled Plaintiff’s Requested Jury Instructions, and the third index shall be entitled Defendant’s Requested Jury Instructions.
Special instructions must have the supporting authority and explanation on a separate attached page with the same number and title.
Court's wording
The authority supporting the propriety of the special instruction and a short explanation of why the special instruction is necessary or appropriate must appear on a separate page attached to the instruction that bears the same number and title as the instruction itself.
Please include the email address for settlement counsel on the MSC statement.
Stipulations must set forth detailed good cause, and the judge's signature line must not be the only item on the page.
Court's wording
The stipulation portion must set forth, in detail, good cause for the requested order. The Parties' stipulation alone is often not sufficient good cause. Please ensure the signature line for the judge is not the only item on the page; there also must be at least two lines of text from the order portion.
Before applying ex parte to advance a motion hearing date, counsel should make sure to file the motion first. The court likely will deny any request to advance a motion that has not been filed.
When all sides submit on a tentative ruling it becomes final, and the prevailing party must give notice and prepare an order for the court's signature.
Court's wording
If all sides submit on the tentative ruling and advise the court, the tentative ruling shall become the court's final ruling and the prevailing party shall give notice of the ruling and prepare an order for the court's signature if appropriate under California Rules of Court, rule 3.1312.
In limine motions may not be used as substitutes for dispositive motions.
Court's wording
Counsel should not use in limine motions as substitutes for summary adjudication motions, motions for judgment on the pleadings, or other dispositive motions. (See, e.g., Johnson v. Chiu (2011) 199 Cal.App.4th 775, 777; Amtower v. Photon Dynamics (2008) 158 Cal.App.4th 1582, 1588; R&B Auto Center, Inc. v. Farmers Group, Inc. (2006) 140 Cal.App.4th 327, 333.)
Also, "[m]atters of day-to-day trial logistics and common professional courtesy" are not proper subjects of in limine motions. (Id. at p. 671.)
In limine motions should be specific and address particular items of evidence, not broad categories.
Court's wording
Counsel should avoid broad, general motions, such as to exclude "all hearsay evidence" or "all cumulative evidence" or "evidence not disclosed in discovery." Such motions are not likely to be granted. (See Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659.) Motions in limine usually are intended to exclude specific items of evidence, not broad categories. Be specific and concrete in what you want to exclude.
The first page of every exhibit in the witness copy should have a GREEN exhibit tag filled out and stapled to the top right corner.
Filing & Service rules
Electronic Filing Rules
All ex parte papers must be e-filed by 11:00 a.m. on the court day before the ex parte hearing.
All ex parte papers must be e-filed by 11:00 a.m. on the court day prior to the ex parte hearing, and a courtesy copy of the papers must be delivered to Department C23 by 11:30 a.m. the court day prior to the ex parte hearing.
Civil cases
Page 4 | EX PARTE APPLICATIONS - B. Filing, Delivery, and Fees
The parties must e-file a fully executed Statement of Compliance and include a copy in the Trial Notebook.
The Parties must e-file a fully executed Statement of Compliance and a copy also should be included in the Trial Notebook.
Civil cases
Page 6 | A. Orange County Local Rule 317 and Trial Notebook
The joint exhibit list must be e-filed and included in the court's Trial Notebook and each exhibit binder.
The joint exhibit list must be e-filed and included in both the court's Trial Notebook and each exhibit binder.
Civil cases
Page 6 | B. Exhibit List, Exhibits, and Demonstratives
Even after delivering the Trial Notebook, all of its contents must also be e-filed.
Submission of the Trial Notebook does not eliminate the obligation to also e-file all contents of the Trial Notebook.
Civil cases
Page 6 | A. Orange County Local Rule 317 and Trial Notebook
Parties must e-file a joint notice in table format identifying each designated portion of 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.
Civil cases
Page 8 | C. Deposition Transcripts and Designations
Stipulations to be read or submitted to the jury must be written and electronically filed with the court.
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.
Civil cases
Page 10 | G. Stipulations
The MSC statement required by rule 316 should be e-filed, and it will be "Received" and kept confidential.
The MSC statement required by rule 316 should be e-filed, and it will be "Received" and kept confidential.
Civil cases
Page 3 | E. Mandatory Settlement Conferences
Any opposition to an ex parte application must be e-filed as early as possible.
Any opposition to an ex parte application must be e-filed as earlier as possible.
Civil cases
Page 4 | EX PARTE APPLICATIONS - C. Opposition
Filing Timing and Cure Windows
All motion papers must be filed within 24 hours of reserving a hearing date, except summary judgment and safe-harbor sanctions motions; failure to timely file revokes the reservation.
All motion papers must be filed within 24 hours of the reservation being made, except for summary judgment motions and sanctions motions subject to a "safe harbor" provision (see, e.g., Code of Civil Procedure section 128.7). Failure to timely file all motion papers after making a reservation will result in the reservation being revoked.
Civil cases
Page 4 | LAW AND MOTION MATTERS - A. Reserving Hearing Dates
Orange County Local Rule 317 is strictly enforced (with sanctions under LR 381); the issue conference must occur at least 14 days before trial.
The court STRICTLY ENFORCES Orange County Local Rule 317, and any violations may result in sanctions under Orange County Local Rule 381. The requirements include conducting the issue conference at least 14 days before the trial date and addressing all issues identified in rule 317.
Civil cases
Page 6 | A. Orange County Local Rule 317 and Trial Notebook
Once both sides have annotated the transcript, the annotated transcript must be submitted to the court prior to commencement of trial.
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.
Civil cases
Page 8 | C. Deposition Transcripts and Designations
Counsel must lodge all depositions to be used at trial with the clerk before trial and advise the Court of any unsigned depositions.
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.
Civil cases
Page 8 | C. Deposition Transcripts and Designations
The court posts tentative rulings on its website by 12:00 noon on the hearing date, when available.
The court endeavors to post tentative rulings on the court's website (https://www.occourts.org/sites/default/files/oc/default/tentative-rulings/dhesseltinerulings.pdf) not later than 12:00 noon on the date of the hearing.
Civil cases
Page 5 | C. Tentative Rulings
Service and Proof of Service Rules
A party presenting deposition witnesses must provide opposing counsel its written deposition designations on a highlighted hard copy transcript no later than the Issue Conference.
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.
Civil cases
Page 8 | C. Deposition Transcripts and Designations
Parties must timely file and serve a Case Management Conference Statement in accordance with California Rules of Court rules 3.720 through 3.734.
All Parties must be fully familiar with, and follow as applicable, California Rules of Court, rules 3.720 through 3.734, including, but not limited to, the timely filing and service of a Case Management Conference Statement. Failure to comply with these rules may result in sanctions.
Civil cases
Page 3 | D. Case Management Conferences
Filing Fees and Waivers
The fee for each ex parte application must be paid in the Civil Clerk's Office before presenting the documents in the courtroom.
The fee required for each ex parte application must be paid in the Civil Clerk's Office prior to presenting the documents in the courtroom.
Civil cases
Page 4 | EX PARTE APPLICATIONS - B. Filing, Delivery, and Fees
Courtesy Copy Requirements
A courtesy copy of ex parte papers must be delivered to Department C23 by 11:30 a.m. on the court day before the hearing.
All ex parte papers must be e-filed by 11:00 a.m. on the court day prior to the ex parte hearing, and a courtesy copy of the papers must be delivered to Department C23 by 11:30 a.m. the court day prior to the ex parte hearing.
Civil cases
Page 4 | EX PARTE APPLICATIONS - B. Filing, Delivery, and Fees
The Trial Notebook must be delivered to the courtroom by 12:00 noon on the Wednesday before trial; it serves as a courtesy copy.
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.
Civil cases
Page 6 | A. Orange County Local Rule 317 and Trial Notebook
Two additional copies of the joint
Two additional copies of the joint
Civil cases
Page 6 | B. Exhibit List, Exhibits, and Demonstratives
Sealing & Redaction Procedures
MSC statements will be kept confidential and marked 'Received'.
The MSC statement required by rule 316 should be e-filed, and it will be "Received" and kept confidential.
Civil cases
Page 3 | E. Mandatory Settlement Conferences
Filing Bundling Requirements
The joint witness list must be included with the Trial Notebook copy.
must be submitted along with the copy included in the Trial Notebook.
Civil cases
Page 9 | Trial Notebook / Witness List
All proposed jury instructions must be included in the Trial Notebook.
As part of the Trial Notebook, the Parties must submit a copy of all proposed jury instructions.
Civil cases
Page 9 | E. Jury Instructions
The proposed verdict form must be in the Trial Notebook, and if the parties cannot agree, both parties' proposed forms must be included.
As part of the Trial Notebook, the Parties must submit a copy of the proposed verdict form. As part of the Orange County Local Rule 317 Issue Conference, the Parties shall endeavor to agree upon the verdict form. If they are unable to agree, then the Trial Notebook must include a copy of the verdict form proposed by the plaintiff and a copy of the form proposed by the defendant.
Civil cases
Page 10 | F. Verdict Form
The court requests that motions in limine be placed in a binder separate from the Trial Notebook's other contents.
Also, the court requests the motions in limine be placed in a binder(s) separate from the other contents of the Trial Notebook.
Civil cases
Page 6 | A. Orange County Local Rule 317 and Trial Notebook
Pre-Motion Conference Requirements
Reasonable, good faith, meet-and-confer efforts generally are required before filing any discovery motion. ... 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.
Reasonable, good faith, meet-and-confer efforts generally are required before filing any discovery motion. ... 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.
Civil cases
Page 6 | G. Discovery Motions
Parties must meet and confer in good faith before filing any motion in limine.
The Parties must meet and confer in a good faith effort to resolve any issue before filing a motion in limine to seek the court's intervention.
Civil cases
Page 11 | In Limine Motions
Adjournment & Extension Requirements
The court will not entertain a continuance request or any document filed after the tentative ruling is posted.
The court will not entertain a request to continue a hearing or any document filed after the court has posted a tentative ruling.
Civil cases
Page 5 | C. Tentative Rulings
Chambers Communication Rules
Parties appearing remotely must check in online through the court's civil video appearance website before the designated hearing time.
All Parties appearing remotely must check-in online through the court's civil video appearance website at https://www.occourts.org/media-relations/civil.html before the designated hearing time.
Civil cases
Page 5 | F. Appearances
Parties appearing in person must check in with the courtroom clerk before the designated hearing time.
All Parties appearing in-person must check in with the courtroom clerk or courtroom attendant before the designated hearing time.
Civil cases
Page 5 | F. Appearances
Counsel must contact the courtroom as soon as possible to take a motion off calendar, and the court may decline if a tentative ruling has been posted.
If the Parties wish to take a motion off calendar, counsel for the moving party must contact the courtroom as soon as possible to avoid the court and staff working up a motion on which the Parties do not wish to proceed. Moreover, the court may decline to allow a motion to be taken off calendar if a tentative ruling has been posted.
Civil cases
Page 5 | B. Taking Motions Off Calendar
If all counsel intend to submit on the tentative ruling and do not desire oral argument, please advise the courtroom clerk or courtroom attendant by calling (657) 622-5223. Please do not call the department unless ALL Parties submit on the tentative ruling.
If all counsel intend to submit on the tentative ruling and do not desire oral argument, please advise the courtroom clerk or courtroom attendant by calling (657) 622-5223. Please do not call the department unless ALL Parties submit on the tentative ruling.
Civil cases
Page 5 | D. Submitting on Tentative Rulings
Do not call the department to inquire about a tentative ruling if none has been posted.
Please do not call the department for tentative rulings if one has not been posted in your case.
Civil cases
Page 5 | C. Tentative Rulings
The Court must be advised in advance of any planned use of video exhibits, PowerPoint, demonstratives, videotaped depositions, or audio recordings, and court permission is required before use.
If any Party plans to use a video exhibit, Power Point, demonstrative, videotaped depositions or audio recording, the Court must be advised in advance. Court permission is required before such demonstratives or presentations may be used.
Civil cases
Page 8