Judge Layne H. Melzer
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Ex Parte Motions
- 1 copy • By 12 Pm Day Before Hearing
Joint Trial Notebook
- Five Days Before Pretrial Conference
Opposition
Communication
Phone
Clerk
Document Format Requirements3 rules
Counsel should use pleading paper, not Judicial Council Form CM-110, and should include in the statement a discussion of the applicable subjects set forth in California Rules of Court 3.727 and 3.750(b).
- Status conference report
Formatting
- •Use pleading paper, not Judicial Council Form CM-110
Exhibits must be submitted in two sets in 3-ring binders with number tabs and exhibit tags.
- Binding
- Three-ring binder
- Exhibits
Formatting
- •Two complete sets
- •Number tabs separating each exhibit
- •Exhibit tags on witness copy
Court's wording
Two (2) complete sets of exhibits in 3-ring binders, with the exhibit list identifying each such exhibit, and with number tabs separating each exhibit, shall be submitted to the Court (one for the Court and one for the witness dock). Each tab should bear the corresponding exhibit number. Every exhibit in the witness copy must have an exhibit tag filled out and attached (see attached form).
Joint compendium must be in notebook format with separate tabs for each category.
- Joint compendium
Formatting
- •Tabbed
Court's wording
No later than the pretrial conference, the Parties shall also provide the Court with a separately indexed joint compendium in a notebook format containing an index or table identifying all agreed upon and contested instructions or verdict forms, with all instructions and verdict forms included and separately tabbed to indicate proponent/opponent (e.g., Tab 1 consists of jointly requested instructions, Tab 2 consists of instructions requested by Plaintiff but disputed by Defendant, Tab 3 consists of instructions requested by Defendant but disputed by Plaintiff, Tab 4 consists of the Parties’ competing verdict forms).
Document Filing Requirements13 rules
Ex parte applications must include declaration showing irreparable harm, demonstrate notice, and state whether opposed.
Court's wording
All Parties must comply with CRC 3.1200 through 3.1207, including but not limited to making an “affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.” CRC 3.1202 (c). Papers must also demonstrate appropriate notice and state whether the application will be opposed.
The court requires that counsel comply fully with Local Rule 317.
a proposed Order
Include
- •Proposed order
a showing of the irreparable harm that will occur if the relief requested is not granted
All parties must strictly comply with Orange County Local Rule 314A "Register of Actions References for Related Documents."
should include in the statement a discussion of the applicable subjects set forth in California Rules of Court 3.727 and 3.750(b).
Motions in limine must be numbered and have a caption identifying the subject and specific evidence.
- Document
- Motion in limine
Must include
- •Caption
Court's wording
Each motion in limine must be numbered on the face page of the motion. The caption (or notice) of each motion in limine shall concisely identify the subject of the motion and designate the specific evidence or argument sought to be excluded.
Video or audio evidence must be accompanied by a transcript or still picture.
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.
Parties must provide a joint compendium with an index, all instructions/verdict forms, and tabbed sections by the pretrial conference.
Court's wording
No later than the pretrial conference, the Parties shall also provide the Court with a separately indexed joint compendium in a notebook format containing an index or table identifying all agreed upon and contested instructions or verdict forms, with all instructions and verdict forms included and separately tabbed to indicate proponent/opponent (e.g., Tab 1 consists of jointly requested instructions, Tab 2 consists of instructions requested by Plaintiff but disputed by Defendant, Tab 3 consists of instructions requested by Defendant but disputed by Plaintiff, Tab 4 consists of the Parties’ competing verdict forms).
Counsel should use pleading paper rather than Judicial Council Form CM-110 but should include in the Statement a discussion of the applicable subjects set forth in CRC Rule 3.727.
Status conference reports shall be filed (using pleading paper) at least 5 court days before the scheduled conference/hearing and should focus on the latest developments since the last conference/hearing.
Parties are required to submit a joint witness list (see attached form).
- Document
- Joint witness list
Must include
- •See attached form
The parties are encouraged to meet and confer and file a joint statement.
Filing & Service rules
Electronic Filing Rules
Ex parte applications must be filed electronically.
Ex parte applications shall be filed electronically
Page 2 | G. Ex Parte
Word versions of contested instructions/verdict forms must be emailed to the clerk as directed at the pretrial conference.
Word editable versions of any contested instruction or verdict form must also be emailed to the clerk as directed at the pretrial conference.
Page 6 | G. Jury Instructions
Filing Timing and Cure Windows
Ex parte applications must be filed and courtesy copy delivered by 12:00 p.m. 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 | G. Ex Parte
OCLR 317 items must be filed 5 days before pretrial conference; motions in limine follow Code.
All items required to be filed under OCLR 317 shall likewise be filed five (5) days before the pretrial conference other than motions in limine which must be filed and served per the Code (See CCP §1005(b)) for hearing at the pretrial conference.
Page 3 | Trial Scheduling and Pretrial Compliance
Jury instructions and verdict forms must be submitted to the clerk 5 days before the pretrial conference.
All proposed jury instructions and verdict forms must be submitted to the clerk as part of the “Joint Trial Notebook” per OCLR 317 five (5) days prior to the pretrial conference.
Page 5 | G. Jury Instructions
Joint compendium must be provided no later than the pretrial conference.
No later than the pretrial conference, the Parties shall also provide the Court with a separately indexed joint compendium in a notebook format containing an index or table identifying all agreed upon and contested instructions or verdict forms, with all instructions and verdict forms included and separately tabbed to indicate proponent/opponent (e.g., Tab 1 consists of jointly requested instructions, Tab 2 consists of instructions requested by Plaintiff but disputed by Defendant, Tab 3 consists of instructions requested by Defendant but disputed by Plaintiff, Tab 4 consists of the Parties’ competing verdict forms).
Page 5 | G. Jury Instructions
The initial Case Management Statement must be filed at least 5 court days before the Case Management Conference.
The initial Case Management Statement should be filed at least 5 court days before the CMC.
Civil cases
Page 2 | WEEKLY DEPARTMENT SCHEDULE
Joint status conference reports must be filed 5 court days before the hearing unless the court orders otherwise.
Joint status conference reports are required 5 court days before the hearing, unless otherwise ordered.
Civil cases
Page 2 | WEEKLY DEPARTMENT SCHEDULE
Ex parte applicant's papers must be filed by 3:00 p.m. on the court day before the hearing.
The applicant's papers must be filed by 3:00 p.m. on the court day before the hearing.
Civil cases
Page 3 | EX PARTE PROCEDURES
Annotated deposition transcript must be submitted to the court before the pretrial conference.
Once both sides have annotated the transcript with their designations and counter-designations and objections to the other side’s designations, the transcript shall be submitted to the court prior to the pretrial conference.
Page 5 | D. Depositions
Service and Proof of Service Rules
Ex parte applicants must give notice to all other parties by 10:00 a.m. the court day before the hearing.
Applicants must be sure they comply with the requirements of (a) notice to all other parties by 10:00 a.m. the court day before the hearing
Civil cases
Page 3 | EX PARTE PROCEDURES
Courtesy Copy Requirements
Ex parte applications require a courtesy copy delivered to the courtroom by 12:00 p.m. 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 | G. Ex Parte
Joint Trial Notebook with courtesy copies must be delivered 5 days before pretrial conference.
The Joint Trial Notebook required by OCLR 317 containing courtesy copies of all trial compliance materials must be received by the Department five (5) days before the scheduled pretrial conference.
Page 3 | Trial Scheduling and Pretrial Compliance
Courtesy copies of any opposition papers should be either submitted before or brought to the hearing.
Courtesy copies of any opposition papers should be either submitted before or brought to the hearing.
Civil cases
Page 3 | EX PARTE PROCEDURES
Filing Bundling Requirements
Jury instructions and verdict forms must be bundled and submitted as part of the Joint Trial Notebook.
All proposed jury instructions and verdict forms must be submitted to the clerk as part of the “Joint Trial Notebook” per OCLR 317 five (5) days prior to the pretrial conference.
Page 5 | G. Jury Instructions
Pre-Motion Conference Requirements
OCLR 317 Issue Conference must occur before motions in limine deadline, no later than 16 court days before pretrial conference.
The OCLR 317 Issue Conference shall take place prior to the deadline to file motions in limine (i.e., no later than 16 court days before the pretrial conference).
Page 3 | Trial Scheduling and Pretrial Compliance
Chambers Communication Rules
The clerk in Department CX102 must be notified of the ex parte filing by 12:00 noon on the court day before the hearing.
The clerk in Department CX102 must be notified of the filing of the Ex Parte application by 12:00 noon on the court day before the hearing.
Civil cases
Page 3 | EX PARTE PROCEDURES
Parties must advise the Court in advance and obtain permission before using video, PowerPoint, demonstratives, or audio recordings.
If any Party plans to use a video exhibit, Power Point, demonstrative, videotaped depositions (see also below) or audio recording, the Court must be advised in advance. Court permission is required before such demonstratives or presentations may be used.
Page 4 | Exhibits/Demonstratives
If any party intends to oppose the Ex Parte application, they should telephone the clerk in Department CX102 at (657) 622-5302 and file any opposition papers as soon as is feasible.
If any party intends to oppose the Ex Parte application, they should telephone the clerk in Department CX102 at (657) 622-5302 and file any opposition papers as soon as is feasible.
Civil cases
Page 3 | EX PARTE PROCEDURES
Counsel intending to submit on a tentative ruling should telephone the court clerk and notify opposing counsel.
If counsel intends to submit on the tentative ruling, they should telephone the court clerk and notify opposing counsel.
Civil cases
Page 3 | LAW AND MOTION PROCEDURES