Chapter five family division rules - Superior Court of California ...

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SUPERIOR COURT OF CALIFORNIACOUNTY OF LOS ANGELES(6) the willingness of the parties, to limit, schedule or expedite discovery, including thewillingness to provide the opposing party, without a discovery request: (a) the name, address, andtelephone number of each individual likely to have discoverable information that supports theparty’s disclosures, and (b) a copy of, or a description by category and location of, all documents,data compilations, and tangible things that are in the possession, custody or control of the party andthat supports the party’s disclosures;(7) the appropriateness of implementation of a family centered case resolution plan pursuantto Family Code section 2451; and(8) the willingness of the parties to stipulate to the appointment of court experts, and allocatethe expert’s expense, or to schedule a hearing for the appointment and expense allocation of courtexperts.At any status conference, the court may:(1) schedule disclosure of expert witnesses, by stipulation;(2) inquire whether issues can be narrowed by stipulation and set dates for the filing ofstipulations;(3) set dates for further status conferences, as needed, and no less often than every sixmonths;(4) set dates for other events that must take place before the next status conference;(5) set the date for trial and/or settlement conferences; and(6) take such other action, as permitted by law, which could promote the just and efficientdisposition of the case.Appearance by counsel at any status conference, either in person or by telephone (ifapproved in advance by the court), is mandatory. Failure to appear will result in the setting of anorder to show cause why sanctions should not be imposed. No appearance is required if excused bythe court, a judgment has been filed, or the case has been dismissed.(Rule 5.12 [7/1/2011] amended and effective May 17, 2013)5.13 TRIAL SETTINGCounsel and self-represented parties may request the case be set for trial by filing the court’s“Request for Trial Setting” form number FAM 014, by motion at a status conference, or as otherwisedirected by the court.(a) Cases Assigned to Central District: For cases assigned to the Central District thedepartment to which the case is assigned, upon finding that the case is ready for trial setting, may,in its discretion, transfer the case to Department 2, or to another department, for all trial setting, trialreadiness and trial settlement related matters, from which the case will then be re-assigned for trialto any available trial department, which could include the department originally assigned. Thedepartment originally assigned will continue to handle all other non-trial and post trial proceedings.(b) For All Cases: Counsel and self-represented parties will be notified in open court or bymail of the date and time of the trial and/or pre-trial proceedings.Counsel are required to provide the court with reasonable and accurate time estimates fortrial. If the time estimate of either party is exceeded during the trial, the court may, in its discretion,deem the case submitted, declare a mistrial, or continue the matter to a new trial date.In the event that the case settles, all counsel and self-represented parties must immediatelynotify the court, so that the trial date may be vacated.Page 133 of 217LOCAL RULES - Effective January 1, 2014
SUPERIOR COURT OF CALIFORNIACOUNTY OF LOS ANGELES(Rule 5.13 [7/1/2011] amended and effective May 17, 2013)5.14 TRIAL READINESS, SETTLEMENT CONFERENCES AND PRE-TRIAL ORDERSAt a Trial Readiness Conference (“TRC”) or other trial setting proceeding the court maymake orders deemed necessary for the case to be considered ready for trial and may set the case fora Mandatory Settlement Conference (“MSC”), Arbitration, or other Alternate Dispute Resolutionproceedings.All parties and trial counsel must appear personally at the Mandatory Settlement Conference,Arbitration, or other Alternate Dispute Resolution proceeding unless otherwise ordered.The court’s role at the MSC is to assist the parties in settlement negotiations. Prior to anMSC, counsel must hold at least one face-to-face or telephonic settlement discussion, and make afull exchange of all pertinent information.(a). At a TRC or other pre-trial proceeding, the court maymake any of the following orders:(1) Not less than seven calendar days before a scheduled TRC or MSC, or other pretrialproceeding, each party must exchange on the other and lodge with Department 2, or asotherwise ordered, the following:(i) A witness list identifying all non-party, non-impeachment lay and expertwitnesses to be called at trial, together with a brief description of each witness’s testimony;(ii) An exhibit list identifying all non-impeachment exhibits to be offered attrial to prove the case-in-chief;(iii) A current completed signed and dated Income and Expense Declaration;(iv) A completed signed and dated Property Declaration; and(v) A Jointly prepared statement of the characterization and value of eachasset, the characterization and amount of each debt, and the amount of each credit or reimbursementclaimed with references to any supporting documentation.(2) Within five days of receiving the other party’s exhibit list, a party may requestin writing that the offering party provide a copy of any listed exhibits, which exhibits must beprovided to the requesting party prior to the next TRC, MSC, or trial date. The failure, withoutgood cause, to make a timely request for a copy of an exhibit will preclude a claim of surprise.(b) Contents of the MSC Brief. An MSC Brief, if ordered by the court, must contain thefollowing:(1) The times and dates of the MSC and the trial, set forth in the caption;. (2) All relevant statistical facts, including the date of marriage, date of separation,length of marriage (in years and months); and the number and ages of minor children;(3) A recitation of the facts of the case and its procedural history, identifying allprevious orders bearing on any matter in dispute and followed by a brief discussion of the law onwhich a party relies as to each contested issue;(4) Each party’s specific proposals regarding child custody and child and/or spousalsupport, together with computer support printouts if applicable;(5) For any case in which an item of personal or real property or an interest thereinis claimed to be separate property and the other party has not stipulated thereto in open court, thedate of acquisition, the encumbrances at acquisition, the title at acquisition, current value, and theamount of present encumbrances;Page 134 of 217LOCAL RULES - Effective January 1, 2014
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