Judge Melissa R. McCormick
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- By 12pm Wednesday Before Trial
Declaration, Exhibit
Ex Parte Application
- Business Day Before Hearing
- By 3pm Business Day Before Hearing
- No Later Than 3pm Business Day Before Hearing
In Limine Motion, Opposition
- By 12pm Wednesday Before Trial
Communication
Phone
Clerk
Document Format Requirements8 rules
Counsel should use pleading paper, not Judicial Council Form CM-110
A separate proposed order in Word format.
- File type
- Word
- Proposed order
Formatting
- •Word format
Proposed orders must be submitted in editable word-processing format.
- File type
- Word
- Proposed order
- Proposed judgment
Court's wording
All proposed orders submitted, or other documents submitted to the court for signature (e.g., proposed form of judgment), must be submitted in an editable word- processing format to enable the court to revise as necessary.
Special or Modified Instructions must be submitted to the Courtroom Clerk in Word format.
- File type
- Word
- Special instruction
- Modified instruction
Jury instructions must comply with CRC 2.1055, each on separate page, no disposition table, CACI number/title, special/modified labeling, citation/explanation, and specify modifications.
- Proposed jury instructions
Formatting
- •Each instruction on separate page
- •No disposition table
Court's wording
The format of the jury instructions must comply with CRC 2.1055. Each proposed jury instruction shall be on a separate page and shall not include a disposition table. Each CACI instruction (whether agreed upon or disputed) must include the CACI number and title at the top. Each special or modified CACI instruction shall state at the top of the page “Plaintiff’s [or Defendant’s] Special Instruction No. __” or “Plaintiff’s [or Defendant’s] Modified CACI Instruction No. __.” Special or Modified Instructions must include, at the bottom of the proposed instruction, citation to authority supporting the propriety of the instruction and a short explanation of why the special or modified instruction is necessary and appropriate. Substantively modified CACI instructions must specify exactly what has been modified.
Each tab shall bear the corresponding exhibit number and shall be placed in front of the corresponding exhibit. A copy of the Joint Exhibit List shall be placed in the front of each exhibit binder.
Formatting
- •Tabbed number dividers
If more than six exhibits, prepare two sets in 3-ring binders with tabbed dividers.
- Binding
- Three-ring binder
Formatting
- •Tabbed number dividers
Court's wording
If there are more than six exhibits on the Joint Exhibit List, the Parties shall prepare two sets of exhibits – one for the witness stand and one for the court – and place them in 3-ring binders with tabbed number dividers.
All exhibits in the exhibit binder on the witness stand shall have exhibit tags filled out and attached to the exhibit in the upper right hand corner of the first page of the exhibit.
Document Filing Requirements12 rules
Ex parte applications must include declarations of notice and irreparable harm, a memorandum of points and authorities, and a proposed order in Word format.
- Document
- Ex parte application
Must include
- •Proposed order
Court's wording
Ex parte applications must comply with CRC 3.1200 through 3.1207. Applications must be in writing and include all of the following: 1. A declaration setting forth details of the notice given to opposing counsel of the ex parte hearing and stating whether the application will be opposed; 2. A declaration, based on personal knowledge, describing the irreparable harm that will occur if the relief requested is not granted; 3. A concise memorandum of points and authorities in support of the application; and 4. A separate proposed order in Word format.
should include in the statement a discussion of the applicable subjects set forth in California Rules of Court 3.727 and 3.750(b).
Ex parte applications must include declaration of notice, declaration of irreparable harm, memorandum, and proposed order in Word format.
- Document
- Ex parte application
Must include
- •Proposed order
- •Legal argument
Court's wording
Applications must be in writing and include all of the following: 1. A declaration setting forth details of the notice given to opposing counsel of the ex parte hearing and stating whether the application will be opposed; 2. A declaration, based on personal knowledge, describing the irreparable harm that will occur if the relief requested is not granted; 3. A concise memorandum of points and authorities in support of the application; and 4. A separate proposed order in Word format.
Ex parte moving papers must demonstrate proper notice, state opposition, and counsel must make good faith efforts to confer with opposing counsel.
Court's wording
The moving papers must demonstrate with admissible evidence that the moving party gave proper notice and must state whether the other parties to the case will oppose the application. Counsel for the moving party must make good faith efforts to speak with opposing counsel to determine their position(s) on the ex parte application.
Declarations for summary judgment motions must be filed separately, not attached to motion or memorandum.
Court's wording
Declarations filed in support of or in opposition to a motion for summary judgment and/or adjudication must be separately filed, i.e., not attached to or made part of the notice of motion and motion or the memorandum of points and authorities.
Requests for judicial notice must be separate document, attach copy, and specify legal basis.
Court's wording
All requests for judicial notice must be set forth in a separate document, must attach a copy of the document(s) of which notice is requested, and must specify (with appropriate legal citation) the legal basis on which judicial notice is sought.
Each in limine motion must be numbered and include party identity and short description on the face page.
Court's wording
Each in limine motion shall be assigned a number, which must be set forth on the face page of the motion, along with the identity of the party bringing the motion and a short description of the motion (e.g., “Plaintiff’s Motion In Limine No. 1 to Exclude Reference to Plaintiff’s 2013 Theft Conviction”).
Verdict forms should not list Doe defendants or contain the identity or address of any attorney.
Joint Witness List must include a schedule, estimated examination times, and total hours.
Court's wording
the Joint Witness List must include a realistic schedule of when each witness will be called, the estimated total time for direct and cross- examination of each witness, and the total number of hours the examination of all witnesses is expected to consume.
In a two-party case, Plaintiff shall number its exhibits starting with 1. Defendant shall number its exhibits starting with 200.
Videotaped depositions must be transcribed and marked as an exhibit. The videotape must be edited before being shown to the jury to remove objections and argument by counsel.
After the verdict is read and the jury discharged, Counsel for the prevailing party shall prepare a Proposed Judgment, which must include the exact wording of the verdict.
Filing & Service rules
Electronic Filing Rules
Ex parte applications must be filed electronically.
Ex parte applications shall be filed electronically, with courtesy copies delivered to the courtroom, by 3:00 p.m. the business day before the hearing.
Page 2 | I. GENERAL CALENDAR INFORMATION
Oppositions to ex parte applications must be e-filed – and courtesy copies delivered to the courtroom – no later than 12:00 p.m. the day of the hearing.
Oppositions to ex parte applications must be e-filed – and courtesy copies delivered to the courtroom – no later than 12:00 p.m. the day of the hearing.
Page 3 | III. EX PARTE APPLICATIONS - E
All ex parte papers must be e-filed no later than 3:00 p.m. business day before hearing.
All papers in support of an ex parte application (including the proposed order) must be e-filed – and courtesy copies delivered to the courtroom – no later than 3:00 p.m. the business day before the ex parte hearing.
Page 3 | III. EX PARTE APPLICATIONS - C
Statement of Compliance must be e-filed.
A Statement of Compliance and its required attachments shall be e-filed and a courtesy copy provided to the court as part of the court’s trial notebook.
Page 5 | D.2
Proposed jury instructions must be e-filed by 12:00 p.m. Wednesday before trial.
By 12:00 p.m. the Wednesday before trial, Counsel must (i) e-file and (ii) deliver separately to the Courtroom Clerk: (a) a full copy of the proposed jury instructions on which the Parties agree, as they propose them to be read to the jury, with no blanks or brackets; (b) a copy of the jury instructions (whether CACI or special instructions) Plaintiff proposes on which the Parties do not agree; and (c) a copy of the jury instructions (whether CACI or special instructions) Defendant proposes on which the Parties do not agree.
Page 6 | G.1
Proposed Judgment must be e-filed.
Unless the court orders otherwise, the Proposed Judgment must be e-filed, served on opposing counsel, and lodged with the court in Department C13 within seven (7) calendar days of the reading of the verdict.
Page 9 | O. Judgments
MSC statements must be e-filed.
MSC statements must be e-filed; if properly identified in the e-filing as an MSC statement, the statement will be kept confidential.
Page 2 | II. GENERAL PROCEDURES
If counsel objects to or requests additional preliminary instructions, they must e-file and provide a copy before jury selection concludes.
If Counsel believe any of these instructions is inappropriate or wishes the court to give additional preliminary instructions, Counsel must advise the court, and e-file and provide the court a copy of the proposed preliminary instruction(s), before jury selection concludes.
Page 6 | G.4
Factual stipulations must be in writing, e-filed, and included in the trial notebook.
All factual stipulations shall be in writing and shall be e-filed, with a copy included in the court's trial notebook.
Page 7 | I. Factual Stipulations
Other agreed procedural stipulations must be in writing, e-filed, and included in the trial notebook.
If the Parties have agreed upon other procedural stipulations, they must be in writing and e-filed, with a copy also included in the court's trial notebook.
Page 7 | J. Procedural Stipulations
Disputed verdict forms must be e-filed, included in the trial notebook, and submitted to the Courtroom Clerk in Word format.
If the Parties cannot agree on a verdict form(s), each side shall e-file its proposed verdict form(s) (titled "Plaintiff's [Defendant's] Proposed Verdict Form"), and both versions shall be included in the court's trial notebook. Both disputed verdict forms shall be submitted to the Courtroom Clerk in Word format.
Page 7 | H.2. Disputed Verdict Form
A Notice of Lodging of Deposition Transcripts must be e-filed if any transcripts are unsigned.
On the day of trial, Counsel shall lodge with the Courtroom Clerk all deposition transcripts to be used in trial and advise the court in writing – in an e-filed Notice of Lodging of Deposition Transcripts, with a courtesy copy provided to the court – if any of the deposition transcripts are unsigned.
Page 7 | K. Depositions
Stipulated verdict forms must be e-filed and included in the trial notebook.
If the Parties agree on the verdict form(s), they shall e-file the agreed-upon verdict form(s) and include a copy in the court's trial notebook.
Page 7 | H.1. Stipulated Verdict Form
Filing Timing and Cure Windows
Initial Case Management Conference Statement must be filed at least 5 court days before the conference.
The Initial Case Management Conference Statement shall be filed at least 5 court days before the conference.
Civil cases
Page 1 | I. GENERAL CALENDAR INFORMATION
Joint status conference reports must be filed 5 court days before each status conference.
Joint status conference reports shall be filed 5 court days before each status conference.
Civil cases
Page 1 | I. GENERAL CALENDAR INFORMATION
Ex parte application papers must be e-filed by 12:00 p.m. the business day before the hearing.
All papers in support of an ex parte application (including the proposed order) must be e-filed no later than 12:00 p.m. the business day before the ex parte hearing.
Civil cases
Page 2 | III. EX PARTE APPLICATIONS
Local Rule 317 documents must be filed and served 5 court days before the pretrial conference.
The court typically requires all Local Rule 317 documents to be filed and served 5 court days before the pretrial conference
Civil cases
Page 3 | V. TRIAL PROCEDURES
Motions in limine must be briefed per Code for hearing at the pretrial conference.
all motions in limine to be briefed per Code for hearing at the pretrial conference
Civil cases
Page 3 | V. TRIAL PROCEDURES
Ex parte applications must be filed by 3:00 p.m. the business day before the hearing.
Ex parte applications shall be filed electronically, with courtesy copies delivered to the courtroom, by 3:00 p.m. the business day before the hearing.
Page 2 | I. GENERAL CALENDAR INFORMATION
Ex parte papers must be e-filed by 3:00 p.m. business day before hearing.
All papers in support of an ex parte application (including the proposed order) must be e-filed – and courtesy copies delivered to the courtroom – no later than 3:00 p.m. the business day before the ex parte hearing.
Page 3 | III. EX PARTE APPLICATIONS - C
Oppositions to ex parte must be e-filed by 12:00 p.m. day of hearing.
Oppositions to ex parte applications must be e-filed – and courtesy copies delivered to the courtroom – no later than 12:00 p.m. the day of the hearing.
Page 3 | III. EX PARTE APPLICATIONS - E
Motion papers must be filed within 24 hours of reserving a hearing date, except summary judgment motions.
All motion papers must be filed within 24 hours of the reservation, except for summary judgment motions.
Page 4 | IV. LAW AND MOTION - A
Procedural stipulations form must be e-filed by 12:00 p.m. the Wednesday before trial and included in the trial notebook.
Counsel shall review the attached Procedural Stipulations form and e-file a single, signed copy of the form no later than 12:00 p.m. the Wednesday before trial, indicating those stipulations to which all Parties agree. A copy also shall be included in the court's trial notebook.
Page 7 | J. Procedural Stipulations
Joint Witness List must be e-filed by 12:00 p.m. the Wednesday before trial and included in the trial notebook.
Counsel shall e-file a Joint Witness List and include a copy in the court's trial notebook no later than 12:00 p.m. the Wednesday before trial.
Page 7 | M.1. Joint Witness List
Exhibit binders must be provided to the Courtroom Clerk on the first day of trial.
Both exhibit binders shall be provided to the Courtroom Clerk on the first day of trial.
Page 8 | N.2.a. Exhibit Binders and Exhibit Tags for Trial
Joint Exhibit List must be e-filed by 12:00 p.m. the Wednesday before trial and included in the trial notebook.
The Joint Exhibit List shall be e-filed, with a copy included in the court's trial notebook, no later than 12:00 p.m. the Wednesday before trial.
Page 8 | N.1.b. Joint Exhibit List and Exhibit Numbering
Proposed Judgment must be filed and lodged within 7 calendar days after verdict.
Unless the court orders otherwise, the Proposed Judgment must be e-filed, served on opposing counsel, and lodged with the court in Department C13 within seven (7) calendar days of the reading of the verdict.
Page 9 | O. Judgments
The court will hold the Proposed Judgment for three (3) court days to allow for objections to be filed.
The court will hold the Proposed Judgment for three (3) court days to allow for objections to be filed.
Page 9 | O. Judgments
Service and Proof of Service Rules
Proposed Judgment must be served on opposing counsel.
Unless the court orders otherwise, the Proposed Judgment must be e-filed, served on opposing counsel, and lodged with the court in Department C13 within seven (7) calendar days of the reading of the verdict.
Page 9 | O. Judgments
Demonstrative aids must be shown to opposing counsel at least 24 hours before use.
Counsel wishing to use a demonstrative aid at trial shall show the demonstrative to opposing counsel at least 24 hours before it expects the demonstrative to be used, to give opposing counsel an opportunity to review it and, if necessary, raise any issues regarding it with the court.
Page 9 | 7. Demonstratives
Courtesy Copy Requirements
Courtesy copies of ex parte papers must be delivered to the courtroom by 12:00 p.m. the business day before the hearing.
Courtesy copies must be delivered to the courtroom by 12:00 p.m. the business day before the ex parte hearing.
Civil cases
Page 2 | III. EX PARTE APPLICATIONS
Courtesy copies of ex parte applications must be delivered to the courtroom by 3:00 p.m. the business day before the hearing.
Ex parte applications shall be filed electronically, with courtesy copies delivered to the courtroom, by 3:00 p.m. the business day before the hearing.
Page 2 | I. GENERAL CALENDAR INFORMATION
Courtesy copies of ex parte papers must be delivered to courtroom by 3:00 p.m. business day before hearing, with e-filing transaction number on first page.
All papers in support of an ex parte application (including the proposed order) must be e-filed – and courtesy copies delivered to the courtroom – no later than 3:00 p.m. the business day before the ex parte hearing. The e-filing transaction number must be written on the first page of the court's courtesy copy.
Page 3 | III. EX PARTE APPLICATIONS - C
Courtesy copies of oppositions to ex parte must be delivered to courtroom by 12:00 p.m. day of hearing.
Oppositions to ex parte applications must be e-filed – and courtesy copies delivered to the courtroom – no later than 12:00 p.m. the day of the hearing.
Page 3 | III. EX PARTE APPLICATIONS - E
Courtesy copies of motion papers must be delivered to courtroom by the day after e-filing.
Courtesy copies of all papers filed in support of or in opposition to motions must be delivered to the courtroom by the party filing the papers no later than the day after the papers are electronically filed with the court.
Page 4 | IV. LAW AND MOTION - D
Trial notebook (courtesy copy) must be jointly prepared and delivered to Department C13 by 12:00 p.m. Wednesday before trial, double-sided and tabbed with specified contents.
Counsel shall jointly prepare a trial notebook for the court. The trial notebook is a courtesy copy for the court’s use; it does not absolve the Parties of the need to e- file all trial-related documents. The court’s trial notebook shall be delivered to Department C13 no later than 12:00 p.m. the Wednesday before trial. The court’s trial notebook shall contain the following double-sided documents, each separately tabbed: 1. Joint Statement of the Case; 2. Executed Statement of Compliance; 3. Joint List of Stipulated Facts; 4. Joint List of Controverted Issues;
Page 4 | V. TRIAL PROCEDURES - C
Courtesy copies of in limine motions and oppositions must be delivered to Courtroom Clerk by 12:00 p.m. Wednesday before trial, included in trial notebook or separate binder.
Courtesy copies of the in limine motions (including oppositions) shall be included in the court’s trial notebook (see ¶ V.C. supra) and delivered to the Courtroom Clerk no later than 12:00 p.m. the Wednesday before trial. If there are several in limine motions, they may be placed in a binder separate from the trial notebook and delivered to the Courtroom Clerk with the trial notebook.
Page 5 | E.3
Statement of Compliance must be e-filed and a courtesy copy provided as part of the trial notebook.
A Statement of Compliance and its required attachments shall be e-filed and a courtesy copy provided to the court as part of the court’s trial notebook.
Page 5 | D.2
Proposed jury instructions must be delivered separately to Courtroom Clerk by 12:00 p.m. Wednesday before trial.
By 12:00 p.m. the Wednesday before trial, Counsel must (i) e-file and (ii) deliver separately to the Courtroom Clerk: (a) a full copy of the proposed jury instructions on which the Parties agree, as they propose them to be read to the jury, with no blanks or brackets; (b) a copy of the jury instructions (whether CACI or special instructions) Plaintiff proposes on which the Parties do not agree; and (c) a copy of the jury instructions (whether CACI or special instructions) Defendant proposes on which the Parties do not agree.
Page 6 | G.1
On the day of trial, Counsel shall lodge with the Courtroom Clerk all deposition transcripts to be used in trial and advise the court in writing – in an e-filed Notice of Lodging of Deposition Transcripts, with a courtesy copy provided to the court – if any of the deposition transcripts are unsigned.
On the day of trial, Counsel shall lodge with the Courtroom Clerk all deposition transcripts to be used in trial and advise the court in writing – in an e-filed Notice of Lodging of Deposition Transcripts, with a courtesy copy provided to the court – if any of the deposition transcripts are unsigned.
Page 7 | K. Depositions
Courtesy copies of opposition papers should be delivered to the courtroom before the hearing or brought to the hearing.
Courtesy copies of any opposition papers should be delivered to the courtroom before the hearing whenever possible or brought to the hearing.
Civil cases
Page 2 | III. EX PARTE APPLICATIONS
If counsel objects to or requests additional preliminary instructions, they must provide a copy to the court before jury selection concludes.
If Counsel believe any of these instructions is inappropriate or wishes the court to give additional preliminary instructions, Counsel must advise the court, and e-file and provide the court a copy of the proposed preliminary instruction(s), before jury selection concludes.
Page 6 | G.4
Courtesy copies of declarations and exhibits should include exhibit tabs.
The court's courtesy copies of declarations and exhibits should include exhibit tabs identifying each exhibit.
Page 4 | IV. LAW AND MOTION - E
Sealing & Redaction Procedures
MSC statements are kept confidential if properly identified in the e-filing.
MSC statements must be e-filed; if properly identified in the e-filing as an MSC statement, the statement will be kept confidential.
Page 2 | II. GENERAL PROCEDURES
Filing Bundling Requirements
In limine motions and oppositions must be included in the trial notebook.
Courtesy copies of the in limine motions (including oppositions) shall be included in the court’s trial notebook
Page 5 | E.3
Several in limine motions may be bundled in a separate binder and delivered with the trial notebook.
If there are several in limine motions, they may be placed in a binder separate from the trial notebook and delivered to the Courtroom Clerk with the trial notebook.
Page 5 | E.3
Statement of Compliance must be included in the trial notebook.
A Statement of Compliance and its required attachments shall be e-filed and a courtesy copy provided to the court as part of the court’s trial notebook.
Page 5 | D.2
Chambers Communication Rules
Telephone notice to Courtroom Clerk required by 12:00 p.m. day before ex parte hearing.
Telephone notice to the Courtroom Clerk must be given by 12:00 p.m. the day before the ex parte hearing.
Page 3 | III. EX PARTE APPLICATIONS - B
Telephonic Notice to Courtroom: Reservations must be made with the department no later than 12:00 p.m. the business day before hearing.
Telephonic Notice to Courtroom: Reservations must be made with the department no later than 12:00 p.m. the business day before hearing.
Civil cases
Page 2 | III. EX PARTE APPLICATIONS
Parties opposing an ex parte application should telephone the clerk and file opposition papers as soon as feasible.
If any party intends to oppose an ex parte application, the party should telephone the clerk in Department CX105 and file any opposition papers as soon as is feasible.
Civil cases
Page 2 | III. EX PARTE APPLICATIONS
Counsel desiring to use the court’s evidence presentation equipment should contact the Courtroom Clerk in advance of trial to determine what equipment is available and whether it will meet Counsel’s needs, and to familiarize themselves with the equipment.
Counsel desiring to use the court’s evidence presentation equipment should contact the Courtroom Clerk in advance of trial to determine what equipment is available and whether it will meet Counsel’s needs, and to familiarize themselves with the equipment.
Page 9 | 3. Video Exhibits, Videotaped Depositions, and Trial Presentation Equipment, b