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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT
DEPARTMENT 48
)
Dr. David A. Geiger, Plaintiff(s), )
) Case No. 22STCV12130
)
v. )
) TRIAL PREPARATION ORDER
National Veterinary Associates, Inc., et al., )
Defendant(s). )
)
)
)
The dates for Trial and the Final Status Conference having been set in this case, the Court orders as
follows (Sections 2.D., 2.E., 2.F., and 2.G. do not apply to Non-Jury Trials):
1. MEET AND CONFER
No later than 18 calendar days before the Final Status Conference, the parties’ counsel and any
self-represented parties shall exchange all exhibits they intend to introduce at Trial.
No later than 11 calendar days before the Final Status Conference, the parties’ counsel and any
self-represented parties shall meet and confer to do the following: (1) discuss and prepare the
documents required in Sections 2.B. – H., below, and the Motions in Limine Binder, Exhibit
Binders, and Trial Binder required in Sections 3 - 5, below, (2) discuss and make a good faith effort
to stipulate to the authenticity and admissibility of each Trial exhibit, (3) discuss and make a good
faith effort to stipulate to resolve each motion in limine, (4) discuss and make a good faith effort to
stipulate to ultimate facts and legal issues, and (5) discuss and make a good faith effort to settle the
case.
2. GENERAL COURTROOM TRIAL RULES
A. Wear a surgical, KN95, or N95 mask at all times in the courtroom during Jury Trials or as
otherwise directed by the Court. Do not appear in person, but rather call in, if you think you
have COVID-19.
B. Attorneys are expected to wear formal business attire.
C. Covered beverages, such as water and coffee, may be used in the courtroom. Uncovered
beverages, food items, and chewing gum are forbidden. The Court will allow medically
necessary items on request.
D. In general, ask for permission beforehand, rather than forgiveness afterwards. Assume that the
Court prefers traditional courtroom etiquette and conventions if you have any doubts.
E. Do not leave your materials anywhere in the courtroom at any time without permission of the
Judicial Assistant. There is very little storage space in the courtroom so your materials must be
removed at the end of each day during Trial.
F. Do not use the back hallway, jury deliberation room, or jury restrooms.
G. Do not approach witnesses or staff or walk into the well while court is in session without asking
permission first. Do not remain at the witness stand to ask questions after providing an exhibit.
H. At all times attorneys will remain behind the podium or at counsel table unless you have
permission from the Court to be elsewhere. (An attorney not actively questioning a witness or
arguing to the Court may sit in the audience.) You will not be pacing around the courtroom like
you see on television and in the movies.
I. Stand when you make an objection and state the legal basis for the objection succinctly. Do not
argue the objection unless asked to do so by the Court.
J. Stand as you ask questions of witnesses unless you have permission from the Court to sit. One
attorney handles any one witness (both questioning and objecting) and any one motion unless
you have advance approval from the Court to do otherwise. In general, no double-teaming.
K. Do not interrupt witnesses in the middle of their answers and do not tell witnesses how they
must answer the question. You may move to strike non-responsive or otherwise inappropriate
answers, but the Court alone provides any needed instructions to witnesses on the stand. Your
concerns about a witness should be addressed to the Court and not the witness.
L. Do not instruct jurors as to what the law is. You may, in closing argument, refer to instructions
given or to be given by the Court but otherwise instructions on the law belong to the Court.
M. In general, all communications by attorneys while court is in session should be first addressed to
the Court and not to opposing counsel.
N. If there is insufficient space at counsel table, attorneys take priority and parties must sit in the
audience.
O. The Court is often unable to provide a reasonable temperature in the courtroom. Often only
unreasonably cold or unreasonably hot temperatures can be provided. In such circumstances, the
Court will maintain an unreasonably cold temperature instead of an unreasonably hot one. Be
prepared.
P. The Court provides an Elmo and display screen for the witness and the jury. You are warned that
these items may or may not work properly at Trial. You must bring your own HDMI cord to
attach to the Court’s Elmo. The Court’s technology support staff has little or no time to help
you. You rely on any technology at your own peril. You must be prepared with a “Plan B” to
provide your own technology or to proceed with a low-tech solution, because the Court will not
grant significant recesses or other delays for technological problems.
3. TRIAL DOCUMENTS TO BE FILED
No later than five court days before the Final Status Conference, the parties’ counsel and any self-
represented parties shall file and serve the following documents:
A. TRIAL BRIEFS (OPTIONAL)
Each party may, but is not required to, file a Trial Brief succinctly identifying:
(1) the claims and defenses that remain in dispute for Trial;
(2) the major legal issues (with supporting points and authorities);
(3) the relief and calculation of damages sought; and
(4) any other information that may assist the Court at Trial.
B. JOINT WITNESS LIST
The parties’ counsel and any self-represented parties shall work together to prepare and file a
joint list of all witnesses whom any party actually intends to call at Trial and is actually
expected to testify (please do not include other potential witnesses), excluding witnesses being
called only for impeachment or rebuttal. (Los Angeles County Court Rule (Local Rule) 3.25,
subd. (g)(5).) The joint witness list shall be organized with columns (in the format set forth
below) which state (1) the name of each witness (in alphabetical order), if the witness is being
called to testify as an expert, and any special requirements or accommodations needed for the
witness (e.g., interpreter, remote connection), (2) the party calling the witness, (3) a brief
description of the witness’s expected testimony, (4) an estimate of the length of direct
examination (in minutes), (5) an estimate of the length of cross-examination (in minutes), and
(6) the total estimated length of examination (in minutes). At the end of the joint witness list,
the parties and any self-represented parties shall add up the estimated times for all witnesses’
testimony and state the grand total in the last column in weeks, days, hours and minutes as
appropriate. See the format example below.
A Trial day typically totals four (4) to four and a half (4½) effective hours (9:00 A.M. to 4:00
P.M. with morning and afternoon breaks at about 10:45 A.M. and 2:45 P.M., respectively, and a
lunch break from 12:00 P.M. noon to 1:30 P.M.), and a Trial week is typically Monday,
Tuesday, Thursday, and Friday, but not Wednesday. The Court may remain in session as late as
4:30 P.M. with reasonable advance notice, but never later. The Court will not make Wednesday
available. Breaks will not be skipped or shortened. The total time shown in the witness list will
serve as part of the Court’s basis for setting time limits at Trial and together with estimated time
for jury selection, opening statements, closing arguments, and instructing the jury should match
the parties total estimated Trial time and should match the anticipated date to present the case to
the jury. The Court will not set specific time limits on voir dire, but all other aspects of the Trial
will be time-limited.1
The failure to include a witness in the joint witness list shall, on its own, not be a basis to
exclude the witness at Trial. Any motion to exclude a witness should be based on discovery
responses, evidentiary issues, court orders, or other good cause independent from the joint
witness list. The Court finds that many attorneys list all individuals identified in pre-trial
discovery on witness lists to avoid any waiver arguments. The result is witness lists that are
useless to preparing for and managing a Trial.
Name Party Brief Length Length of Total Length
(State if Calling Description of of Cross (in minutes)
Expert) (Π/Δ) Testimony Direct (in minutes)
(in minutes)
C. JOINT EXHIBIT LIST
The parties’ counsel and any self-represented parties shall work together to prepare and file a
joint exhibit list organized with columns (in the format set forth below) which state, as to each
exhibit any party intends to offer at Trial: (1) the exhibit number, (2) a brief description of the
exhibit, (3) which party is offering the exhibit, (4) whether the parties have stipulated to
1See California Crane School, Inc. v. National Comm. For Certification of Crane Operators (2014) 226 Cal.
App. 4th 12, 19, for the court’s authority to set time limits to manage its calendar by excluding evidence “even
evidence that is relevant and probative.”
authentication of the exhibit, (5) whether the parties have stipulated to admissibility of the
exhibit, (6) any evidentiary objections to admission of the exhibit, (7) the date the exhibit was
marked for identification, and (8) the date the exhibit was admitted into evidence. (Local Rule
3.25, subd. (g)(6).) As set forth above, the parties’ counsel and any self-represented parties
shall meet and confer in an effort to resolve objections to the authenticity and admissibility of
each exhibit. The specific manner for preparing exhibit binders is discussed below.
JOINT EXHIBIT LIST
No. Description Offered Stipulate Stipulate Evidentiary Date Date
By to to Objections Marked Admitted
(Π/Δ) Authenticate? Admission? for ID
(Yes/No) (Yes/No)
D. JOINT STATEMENT TO BE READ TO THE JURY
For Jury Trials, the parties’ counsel and any self-represented parties shall work together to
prepare and file a brief, joint written statement of the case for the Court to read to the jury.
(Local Rule 3.25, subd. (g)(4).) Parties should not insist on particular wording for the other
parties’ contentions but should simply focus on their own contentions and their responses. This
should make it possible to always agree on joint statement.
E. JOINT LIST OF PROPOSED JURY INSTRUCTIONS (JOINT AND CONTESTED)
For Jury Trials, the parties’ counsel and any self-represented parties shall work together to
prepare and file a joint list of proposed jury instructions (in the format set forth below) which
states, as to each proposed jury instruction: (1) the jury instruction number (listed in numerical
order), (2) the title of the jury instruction, (3) the party requesting the jury instruction, (4)
whether the jury instruction is agreed upon or contested, (5) a concise statement of any objection,
and (6) whether the jury instruction was given by the Court (Joint List of Proposed Jury
Instructions).
JOINT LIST OF PROPOSED JURY INSTRUCTIONS
No. Title Requested Agreed Objection Given
By or (Yes/No)
(Π/Δ) Contested?
F. JURY INSTRUCTIONS (JOINT AND CONTESTED)
For Jury Trials, the parties’ counsel and any self-represented parties shall work together to
prepare a complete set of full-text proposed jury instructions, editing all proposed Judicial
Council of California Civil Jury Instructions (CACI) instructions, inserting party names, and
eliminating blanks and other irrelevant or inapplicable material. If there is an appropriate CACI
jury instruction on a point of law, the Court expects the parties to request the CACI instruction
instead of a specially prepared jury instruction. The full text jury instructions should be in a form
suitable to be provided to the jury. There should be no footers or headers or titles except
references to CACI. The party proposing an instruction should not be identified on the
instruction and the boxes provided when the tear-off forms were in use should not be used. The
parties should consider the order in which they want instructions read. The Court typically reads
all requested CACI series 100 and 200 instructions before the opening statements or before
evidence is taken. All other instructions are usually given before closing argument, although
some CACI 5000 series instructions should be given after closings. The Court invites the parties’
suggestions on the order of jury instructions.
The parties should not request CACI instructions that do not apply when the Trial begins. For
example, CACI 5013 shall not apply unless and until there is a deadlocked jury. During Trial, if
circumstances change, the parties may request additional applicable jury instructions.
G. VERDICT FORM(S)
For Jury Trials, the parties’ counsel and any self-represented parties shall work together to
prepare and file a joint proposed general verdict form or a joint proposed special verdict form
acceptable to all parties. (Local Rule 3.25, subd. (g)(8).) If the parties cannot agree on a joint
verdict form, each party must separately file a proposed verdict form. When a special verdict
form is requested, if there is an appropriate CACI special verdict form for a cause of action,
affirmative defense, or other finding, the Court expects the parties to use the CACI special
verdict form.
H. JOINT CHART OF PAGE AND LINE DESIGNATIONS FOR DEPOSITION AND
FORMER TESTIMONY
If any parties intend to use deposition testimony or former Trial testimony in lieu of or in
addition to a witness’s live testimony, the parties’ counsel and any self-represented parties shall
meet and confer to discuss, and work together to prepare and file, a joint chart in the format set
forth below (Joint Chart of Page and Line Designations for Deposition and Former Testimony).
The parties do not, however, need to include in the joint chart deposition testimony or former
Trial testimony they plan on using for impeachment purposes only.
In the joint chart, each designating party’s designations of deposition or former testimony shall
include columns which state: (1) the designation number and name of the witness, (2) the date
and type of testimony (e.g., deposition or Trial testimony), (3) the page and line designations of
the deposition or former testimony requested to be used, (4) any objections, (5) whether the
other party has counter-designated any additional deposition or former testimony of the witness
that relates to the designation, and, if so, the designation number of the counter-designation, and
(6) the Court’s ruling.
In the joint chart, each counter-designating party’s counter-designations of additional
deposition or former testimony of the witness that relates to the designations shall include
columns which state: (1) the designation number and name of the witness, (2) the date and type
of testimony (e.g., deposition or trial testimony), (3) the page and line counter-designations of
the deposition or former testimony requested to be used, (4) any objections, (5) the designation
number of the other party’s designation to which the counter-designation relates, and (6) the
Court’s ruling.
The parties shall attach copies of the pages of the transcripts of the deposition or former
testimony they are designating or counter-designating to the Joint Chart of Page and Line
Designations for Deposition and Former Testimony, with numbered tabs separating each
deposition or Trial transcript. Each designation or counter-designation shall be highlighted, with
each party using a different color highlighter.
Deposition transcripts lodged with the Court should be labeled with the witness’s name, date,
volume number on the spine (e.g., “John Doe, 12/24/20, Vol. 1 of 3”), as well as the case name
and number if it fits.
JOINT CHART OF PAGE AND LINE DESIGNATIONS FOR
DEPOSITION AND FORMER TESTIMONY
I. Plaintiff’s Designations
Number/ Date/Type of Page:Line Objections Is There a Ruling
Witness Name Transcript Designation Counter?
(Yes/No/#)
1. John Doe 1/3/20 Depo. 1:2-25 Hearsay Yes #4
2. John Doe 3/4/19 Trial 5:20-25 No
Testimony
3. Jane Doe 1/15/20 Depo. 2:5-10 No
Defendant’s Counter-Designations
Number/ Date/Type of Page:Line Objections What # Ruling
Witness Name Transcript Designation Does This
Counter?
4. John Doe 1/3/20 Depo. 1:26-2:20 #1
II. Defendant’s Designations
Number/ Date/Type of Page:Line Objections Is There a Ruling
Witness Name Transcript Designation Counter?
(Yes/No/#)
5. John Doe 3/4/19 Trial 5:20-25 No foundation Yes #7
Testimony
6. Jane Doe 1/15/20 Depo. 2:5-10 No
Plaintiff’s Counter-Designations
Number/ Date/Type of Page:Line Objections What # Ruling
Witness Name Transcript Designation Does This
Counter?
7. John Doe 3/4/19 Trial 5:26-6:10 #5
Testimony
4. MOTIONS IN LIMINE BINDER
Motions in Limine shall be noticed for hearing at the Final Status Conference. The parties’ counsel
and any self-represented parties shall comply with the statutory notice provisions of Code of Civil
Procedure §1005 and file declarations that comply with the requirements of Local Rule 3.57,
subdivision (a). The caption of each motion in limine shall concisely identify the evidence that the
moving party seeks to exclude. Parties filing more than one motion in limine shall number them
consecutively. Parties filing opposition and reply papers shall identify the corresponding motion
number in the caption of their papers.
No later than three calendar days before the Final Status Conference, the parties’ counsel and any
self-represented parties shall jointly prepare and lodge in Department 48 a Motions in Limine
Binder. The Motions in Limine Binder shall be marked with the case caption, number and title on its
front and spine and shall include conformed copies of all motions in limine, opposition papers, and
reply papers, organized in one or more three-ring binders, tabbed in numerical order with the
opposition papers and reply papers for each motion placed directly behind the moving papers with a
colored sheet of paper separating the moving, opposition, and reply papers.
The parties should not file generic motions in limine untethered to actual anticipated disputes about
evidence. Motions in limine that seek rulings “which would merely be declaratory of existing law”
and do not include a discussion about the particular evidence the moving party seeks to exclude are
not appropriate. (Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, 670-671.) A
common example is to seek exclusion of all evidence not produced in discovery. Such a motion is
too abstract. Instead a proper motion would seek to exclude specific evidence clearly sought in a
particular discovery request and yet not disclosed.
5. EXHIBIT BINDERS
The parties’ counsel and any self-represented parties shall work together to jointly prepare at least
five sets of tabbed, exhibit binders organized numerically in three-ring binders (Exhibit Binders): a
set for the Court, a set for the Judicial Assistant, a set for the witnesses, and a set for each party.
Exhibits should be three-hole punched in notebooks marked with the case caption, number, and title
on the front and spine of the notebook and with each exhibit paginated sequentially at the bottom
center of each page. For example, Exhibit 1 should be paginated 1 - 1, 1 - 2, 1 - 3, etc. Exhibits
should be clearly identified as to the party offering them and the parties should use clearly
identified number and or letter sequences to pre-mark exhibits. An exhibit list should be provided at
the front of the first volume of exhibits. New exhibits offered in Trial that have not been pre-
marked should conform to the requirements above and should be identified on a supplemental
exhibit list added to each copy. Where a witness will be testifying on a number of exhibits from
different volumes, the attorney conducting the direct examination should prepare a notebook for the
witness with the exhibits to be used on direct. Where the parties have stipulated to the admission of
a good number of exhibits, they should prepare an Admitted Exhibits notebook for the clerk.
Where electronic exhibits are being used, each exhibit should be on a separate thumb drive and the
parties should stipulate to a clean laptop to be provided to the jury for viewing electronic exhibits
and should instruct the courtroom attendant as to its use. The parties’ counsel and any self-
represented parties shall bring one set of all of the Exhibit Binders discussed above to the Final
Status Conference for the Court to review.
6. TRIAL BINDER
No later than three calendar days before the Final Status Conference, the parties’ counsel and any
self-represented parties shall jointly prepare and lodge in Department 48 a physical Trial Binder,
with the case caption, number and title on the front page and, consisting of one-sided, conformed
copies, tabbed and organized in a three-ring binder with a table of contents that includes the
following (for Trials by the Court without a jury, the Trial Binder shall only include the documents
listed under Tabs A, B, C, H, and I):
Tab A: Trial Briefs (Optional. If no Trial briefs are filed, leave Tab A empty.)
Tab B: Joint Witness List
Tab C: Joint Exhibit List
Tab D: Joint Statement to Be Read to the Jury
Tab E: Joint List of Jury Instructions
Tab F: Joint and Contested Jury Instructions
Tab G: Joint or Contested Verdict Form(s)
Tab H: Joint Chart of Page and Line Designations for Deposition and Former
Testimony
Tab I: Copies of the Current Operative Pleadings (including the operative Complaint,
Answer, Cross-Complaint, if any, and Answer to any Cross-Complaint.)
The parties shall organize proposed jury instructions into groups behind Tab F in the following order
(labeled by cover sheets): (1) the agreed-upon instructions, (2) the Plaintiff’s requested instructions
to which the Defendant objects, and (3) the Defendant’s requested instructions to which the Plaintiff
objects. The Trial Binder shall be labelled on its front and spine with the case name and number.
7. FAILURE TO COMPLY WITH TRIAL PREPARATION ORDER
The Court has discretion to require any party’s counsel and any party who fails to comply with this
Trial Preparation Order to show cause why the Court should not impose monetary, evidentiary,
issue, and/or terminating sanctions.
IT IS SO ORDERED.
The Plaintiff is ordered to give notice of this order.
Dated: February 23, 2024 ___________________________________
JUDGE OF THE LOS ANGELES SUPERIOR COURT
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SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT DEPARTMENT 48 ) Dr. David A. Geiger, Plaintiff(s), ) ) Case No. 22STCV12130 ) v. ) ) TRIAL PREPARATION ORDER National Veterinary Associates, Inc., et al., ) Defendant(s). ) ) ) ) The dates for Trial and the Final Status Conference having been set in this case, the Court orders as follows (Sections 2.D., 2.E., 2.F., and 2.G. do not apply to Non-Jury Trials): 1. MEET AND CONFER No later than 18 calendar days before the Final Status Conference, the parties’ counsel and any self-represented parties shall exchange all exhibits they intend to introduce at Trial. No later than 11 calendar days before the Final Status Conference, the parties’ counsel and any self-represented parties shall meet and confer to do the following: (1) discuss and prepare the documents required in Sections 2.B. – H., below, and the Motions in Limine Binder, Exhibit Binders, and Trial Binder required in Sections 3 - 5, below, (2) discuss and make a good faith effort to stipulate to the authenticity and admissibility of each Trial exhibit, (3) discuss and make a good faith effort to stipulate to resolve each motion in limine, (4) discuss and make a good faith effort to stipulate to ultimate facts and legal issues, and (5) discuss and make a good faith effort to settle the case. 2. GENERAL COURTROOM TRIAL RULES A. Wear a surgical, KN95, or N95 mask at all times in the courtroom during Jury Trials or as otherwise directed by the Court. Do not appear in person, but rather call in, if you think you have COVID-19. B. Attorneys are expected to wear formal business attire. C. Covered beverages, such as water and coffee, may be used in the courtroom. Uncovered beverages, food items, and chewing gum are forbidden. The Court will allow medically necessary items on request. D. In general, ask for permission beforehand, rather than forgiveness afterwards. Assume that the Court prefers traditional courtroom etiquette and conventions if you have any doubts. E. Do not leave your materials anywhere in the courtroom at any time without permission of the Judicial Assistant. There is very little storage space in the courtroom so your materials must be removed at the end of each day during Trial. F. Do not use the back hallway, jury deliberation room, or jury restrooms. G. Do not approach witnesses or staff or walk into the well while court is in session without asking permission first. Do not remain at the witness stand to ask questions after providing an exhibit. H. At all times attorneys will remain behind the podium or at counsel table unless you have permission from the Court to be elsewhere. (An attorney not actively questioning a witness or arguing to the Court may sit in the audience.) You will not be pacing around the courtroom like you see on television and in the movies. I. Stand when you make an objection and state the legal basis for the objection succinctly. Do not argue the objection unless asked to do so by the Court. J. Stand as you ask questions of witnesses unless you have permission from the Court to sit. One attorney handles any one witness (both questioning and objecting) and any one motion unless you have advance approval from the Court to do otherwise. In general, no double-teaming. K. Do not interrupt witnesses in the middle of their answers and do not tell witnesses how they must answer the question. You may move to strike non-responsive or otherwise inappropriate answers, but the Court alone provides any needed instructions to witnesses on the stand. Your concerns about a witness should be addressed to the Court and not the witness. L. Do not instruct jurors as to what the law is. You may, in closing argument, refer to instructions given or to be given by the Court but otherwise instructions on the law belong to the Court. M. In general, all communications by attorneys while court is in session should be first addressed to the Court and not to opposing counsel. N. If there is insufficient space at counsel table, attorneys take priority and parties must sit in the audience. O. The Court is often unable to provide a reasonable temperature in the courtroom. Often only unreasonably cold or unreasonably hot temperatures can be provided. In such circumstances, the Court will maintain an unreasonably cold temperature instead of an unreasonably hot one. Be prepared. P. The Court provides an Elmo and display screen for the witness and the jury. You are warned that these items may or may not work properly at Trial. You must bring your own HDMI cord to attach to the Court’s Elmo. The Court’s technology support staff has little or no time to help you. You rely on any technology at your own peril. You must be prepared with a “Plan B” to provide your own technology or to proceed with a low-tech solution, because the Court will not grant significant recesses or other delays for technological problems. 3. TRIAL DOCUMENTS TO BE FILED No later than five court days before the Final Status Conference, the parties’ counsel and any self- represented parties shall file and serve the following documents: A. TRIAL BRIEFS (OPTIONAL) Each party may, but is not required to, file a Trial Brief succinctly identifying: (1) the claims and defenses that remain in dispute for Trial; (2) the major legal issues (with supporting points and authorities); (3) the relief and calculation of damages sought; and (4) any other information that may assist the Court at Trial. B. JOINT WITNESS LIST The parties’ counsel and any self-represented parties shall work together to prepare and file a joint list of all witnesses whom any party actually intends to call at Trial and is actually expected to testify (please do not include other potential witnesses), excluding witnesses being called only for impeachment or rebuttal. (Los Angeles County Court Rule (Local Rule) 3.25, subd. (g)(5).) The joint witness list shall be organized with columns (in the format set forth below) which state (1) the name of each witness (in alphabetical order), if the witness is being called to testify as an expert, and any special requirements or accommodations needed for the witness (e.g., interpreter, remote connection), (2) the party calling the witness, (3) a brief description of the witness’s expected testimony, (4) an estimate of the length of direct examination (in minutes), (5) an estimate of the length of cross-examination (in minutes), and (6) the total estimated length of examination (in minutes). At the end of the joint witness list, the parties and any self-represented parties shall add up the estimated times for all witnesses’ testimony and state the grand total in the last column in weeks, days, hours and minutes as appropriate. See the format example below. A Trial day typically totals four (4) to four and a half (4½) effective hours (9:00 A.M. to 4:00 P.M. with morning and afternoon breaks at about 10:45 A.M. and 2:45 P.M., respectively, and a lunch break from 12:00 P.M. noon to 1:30 P.M.), and a Trial week is typically Monday, Tuesday, Thursday, and Friday, but not Wednesday. The Court may remain in session as late as 4:30 P.M. with reasonable advance notice, but never later. The Court will not make Wednesday available. Breaks will not be skipped or shortened. The total time shown in the witness list will serve as part of the Court’s basis for setting time limits at Trial and together with estimated time for jury selection, opening statements, closing arguments, and instructing the jury should match the parties total estimated Trial time and should match the anticipated date to present the case to the jury. The Court will not set specific time limits on voir dire, but all other aspects of the Trial will be time-limited.1 The failure to include a witness in the joint witness list shall, on its own, not be a basis to exclude the witness at Trial. Any motion to exclude a witness should be based on discovery responses, evidentiary issues, court orders, or other good cause independent from the joint witness list. The Court finds that many attorneys list all individuals identified in pre-trial discovery on witness lists to avoid any waiver arguments. The result is witness lists that are useless to preparing for and managing a Trial. Name Party Brief Length Length of Total Length (State if Calling Description of of Cross (in minutes) Expert) (Π/Δ) Testimony Direct (in minutes) (in minutes) C. JOINT EXHIBIT LIST The parties’ counsel and any self-represented parties shall work together to prepare and file a joint exhibit list organized with columns (in the format set forth below) which state, as to each exhibit any party intends to offer at Trial: (1) the exhibit number, (2) a brief description of the exhibit, (3) which party is offering the exhibit, (4) whether the parties have stipulated to 1See California Crane School, Inc. v. National Comm. For Certification of Crane Operators (2014) 226 Cal. App. 4th 12, 19, for the court’s authority to set time limits to manage its calendar by excluding evidence “even evidence that is relevant and probative.” authentication of the exhibit, (5) whether the parties have stipulated to admissibility of the exhibit, (6) any evidentiary objections to admission of the exhibit, (7) the date the exhibit was marked for identification, and (8) the date the exhibit was admitted into evidence. (Local Rule 3.25, subd. (g)(6).) As set forth above, the parties’ counsel and any self-represented parties shall meet and confer in an effort to resolve objections to the authenticity and admissibility of each exhibit. The specific manner for preparing exhibit binders is discussed below. JOINT EXHIBIT LIST No. Description Offered Stipulate Stipulate Evidentiary Date Date By to to Objections Marked Admitted (Π/Δ) Authenticate? Admission? for ID (Yes/No) (Yes/No) D. JOINT STATEMENT TO BE READ TO THE JURY For Jury Trials, the parties’ counsel and any self-represented parties shall work together to prepare and file a brief, joint written statement of the case for the Court to read to the jury. (Local Rule 3.25, subd. (g)(4).) Parties should not insist on particular wording for the other parties’ contentions but should simply focus on their own contentions and their responses. This should make it possible to always agree on joint statement. E. JOINT LIST OF PROPOSED JURY INSTRUCTIONS (JOINT AND CONTESTED) For Jury Trials, the parties’ counsel and any self-represented parties shall work together to prepare and file a joint list of proposed jury instructions (in the format set forth below) which states, as to each proposed jury instruction: (1) the jury instruction number (listed in numerical order), (2) the title of the jury instruction, (3) the party requesting the jury instruction, (4) whether the jury instruction is agreed upon or contested, (5) a concise statement of any objection, and (6) whether the jury instruction was given by the Court (Joint List of Proposed Jury Instructions). JOINT LIST OF PROPOSED JURY INSTRUCTIONS No. Title Requested Agreed Objection Given By or (Yes/No) (Π/Δ) Contested? F. JURY INSTRUCTIONS (JOINT AND CONTESTED) For Jury Trials, the parties’ counsel and any self-represented parties shall work together to prepare a complete set of full-text proposed jury instructions, editing all proposed Judicial Council of California Civil Jury Instructions (CACI) instructions, inserting party names, and eliminating blanks and other irrelevant or inapplicable material. If there is an appropriate CACI jury instruction on a point of law, the Court expects the parties to request the CACI instruction instead of a specially prepared jury instruction. The full text jury instructions should be in a form suitable to be provided to the jury. There should be no footers or headers or titles except references to CACI. The party proposing an instruction should not be identified on the instruction and the boxes provided when the tear-off forms were in use should not be used. The parties should consider the order in which they want instructions read. The Court typically reads all requested CACI series 100 and 200 instructions before the opening statements or before evidence is taken. All other instructions are usually given before closing argument, although some CACI 5000 series instructions should be given after closings. The Court invites the parties’ suggestions on the order of jury instructions. The parties should not request CACI instructions that do not apply when the Trial begins. For example, CACI 5013 shall not apply unless and until there is a deadlocked jury. During Trial, if circumstances change, the parties may request additional applicable jury instructions. G. VERDICT FORM(S) For Jury Trials, the parties’ counsel and any self-represented parties shall work together to prepare and file a joint proposed general verdict form or a joint proposed special verdict form acceptable to all parties. (Local Rule 3.25, subd. (g)(8).) If the parties cannot agree on a joint verdict form, each party must separately file a proposed verdict form. When a special verdict form is requested, if there is an appropriate CACI special verdict form for a cause of action, affirmative defense, or other finding, the Court expects the parties to use the CACI special verdict form. H. JOINT CHART OF PAGE AND LINE DESIGNATIONS FOR DEPOSITION AND FORMER TESTIMONY If any parties intend to use deposition testimony or former Trial testimony in lieu of or in addition to a witness’s live testimony, the parties’ counsel and any self-represented parties shall meet and confer to discuss, and work together to prepare and file, a joint chart in the format set forth below (Joint Chart of Page and Line Designations for Deposition and Former Testimony). The parties do not, however, need to include in the joint chart deposition testimony or former Trial testimony they plan on using for impeachment purposes only. In the joint chart, each designating party’s designations of deposition or former testimony shall include columns which state: (1) the designation number and name of the witness, (2) the date and type of testimony (e.g., deposition or Trial testimony), (3) the page and line designations of the deposition or former testimony requested to be used, (4) any objections, (5) whether the other party has counter-designated any additional deposition or former testimony of the witness that relates to the designation, and, if so, the designation number of the counter-designation, and (6) the Court’s ruling. In the joint chart, each counter-designating party’s counter-designations of additional deposition or former testimony of the witness that relates to the designations shall include columns which state: (1) the designation number and name of the witness, (2) the date and type of testimony (e.g., deposition or trial testimony), (3) the page and line counter-designations of the deposition or former testimony requested to be used, (4) any objections, (5) the designation number of the other party’s designation to which the counter-designation relates, and (6) the Court’s ruling. The parties shall attach copies of the pages of the transcripts of the deposition or former testimony they are designating or counter-designating to the Joint Chart of Page and Line Designations for Deposition and Former Testimony, with numbered tabs separating each deposition or Trial transcript. Each designation or counter-designation shall be highlighted, with each party using a different color highlighter. Deposition transcripts lodged with the Court should be labeled with the witness’s name, date, volume number on the spine (e.g., “John Doe, 12/24/20, Vol. 1 of 3”), as well as the case name and number if it fits. JOINT CHART OF PAGE AND LINE DESIGNATIONS FOR DEPOSITION AND FORMER TESTIMONY I. Plaintiff’s Designations Number/ Date/Type of Page:Line Objections Is There a Ruling Witness Name Transcript Designation Counter? (Yes/No/#) 1. John Doe 1/3/20 Depo. 1:2-25 Hearsay Yes #4 2. John Doe 3/4/19 Trial 5:20-25 No Testimony 3. Jane Doe 1/15/20 Depo. 2:5-10 No Defendant’s Counter-Designations Number/ Date/Type of Page:Line Objections What # Ruling Witness Name Transcript Designation Does This Counter? 4. John Doe 1/3/20 Depo. 1:26-2:20 #1 II. Defendant’s Designations Number/ Date/Type of Page:Line Objections Is There a Ruling Witness Name Transcript Designation Counter? (Yes/No/#) 5. John Doe 3/4/19 Trial 5:20-25 No foundation Yes #7 Testimony 6. Jane Doe 1/15/20 Depo. 2:5-10 No Plaintiff’s Counter-Designations Number/ Date/Type of Page:Line Objections What # Ruling Witness Name Transcript Designation Does This Counter? 7. John Doe 3/4/19 Trial 5:26-6:10 #5 Testimony 4. MOTIONS IN LIMINE BINDER Motions in Limine shall be noticed for hearing at the Final Status Conference. The parties’ counsel and any self-represented parties shall comply with the statutory notice provisions of Code of Civil Procedure §1005 and file declarations that comply with the requirements of Local Rule 3.57, subdivision (a). The caption of each motion in limine shall concisely identify the evidence that the moving party seeks to exclude. Parties filing more than one motion in limine shall number them consecutively. Parties filing opposition and reply papers shall identify the corresponding motion number in the caption of their papers. No later than three calendar days before the Final Status Conference, the parties’ counsel and any self-represented parties shall jointly prepare and lodge in Department 48 a Motions in Limine Binder. The Motions in Limine Binder shall be marked with the case caption, number and title on its front and spine and shall include conformed copies of all motions in limine, opposition papers, and reply papers, organized in one or more three-ring binders, tabbed in numerical order with the opposition papers and reply papers for each motion placed directly behind the moving papers with a colored sheet of paper separating the moving, opposition, and reply papers. The parties should not file generic motions in limine untethered to actual anticipated disputes about evidence. Motions in limine that seek rulings “which would merely be declaratory of existing law” and do not include a discussion about the particular evidence the moving party seeks to exclude are not appropriate. (Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, 670-671.) A common example is to seek exclusion of all evidence not produced in discovery. Such a motion is too abstract. Instead a proper motion would seek to exclude specific evidence clearly sought in a particular discovery request and yet not disclosed. 5. EXHIBIT BINDERS The parties’ counsel and any self-represented parties shall work together to jointly prepare at least five sets of tabbed, exhibit binders organized numerically in three-ring binders (Exhibit Binders): a set for the Court, a set for the Judicial Assistant, a set for the witnesses, and a set for each party. Exhibits should be three-hole punched in notebooks marked with the case caption, number, and title on the front and spine of the notebook and with each exhibit paginated sequentially at the bottom center of each page. For example, Exhibit 1 should be paginated 1 - 1, 1 - 2, 1 - 3, etc. Exhibits should be clearly identified as to the party offering them and the parties should use clearly identified number and or letter sequences to pre-mark exhibits. An exhibit list should be provided at the front of the first volume of exhibits. New exhibits offered in Trial that have not been pre- marked should conform to the requirements above and should be identified on a supplemental exhibit list added to each copy. Where a witness will be testifying on a number of exhibits from different volumes, the attorney conducting the direct examination should prepare a notebook for the witness with the exhibits to be used on direct. Where the parties have stipulated to the admission of a good number of exhibits, they should prepare an Admitted Exhibits notebook for the clerk. Where electronic exhibits are being used, each exhibit should be on a separate thumb drive and the parties should stipulate to a clean laptop to be provided to the jury for viewing electronic exhibits and should instruct the courtroom attendant as to its use. The parties’ counsel and any self- represented parties shall bring one set of all of the Exhibit Binders discussed above to the Final Status Conference for the Court to review. 6. TRIAL BINDER No later than three calendar days before the Final Status Conference, the parties’ counsel and any self-represented parties shall jointly prepare and lodge in Department 48 a physical Trial Binder, with the case caption, number and title on the front page and, consisting of one-sided, conformed copies, tabbed and organized in a three-ring binder with a table of contents that includes the following (for Trials by the Court without a jury, the Trial Binder shall only include the documents listed under Tabs A, B, C, H, and I): Tab A: Trial Briefs (Optional. If no Trial briefs are filed, leave Tab A empty.) Tab B: Joint Witness List Tab C: Joint Exhibit List Tab D: Joint Statement to Be Read to the Jury Tab E: Joint List of Jury Instructions Tab F: Joint and Contested Jury Instructions Tab G: Joint or Contested Verdict Form(s) Tab H: Joint Chart of Page and Line Designations for Deposition and Former Testimony Tab I: Copies of the Current Operative Pleadings (including the operative Complaint, Answer, Cross-Complaint, if any, and Answer to any Cross-Complaint.) The parties shall organize proposed jury instructions into groups behind Tab F in the following order (labeled by cover sheets): (1) the agreed-upon instructions, (2) the Plaintiff’s requested instructions to which the Defendant objects, and (3) the Defendant’s requested instructions to which the Plaintiff objects. The Trial Binder shall be labelled on its front and spine with the case name and number. 7. FAILURE TO COMPLY WITH TRIAL PREPARATION ORDER The Court has discretion to require any party’s counsel and any party who fails to comply with this Trial Preparation Order to show cause why the Court should not impose monetary, evidentiary, issue, and/or terminating sanctions. IT IS SO ORDERED. The Plaintiff is ordered to give notice of this order. Dated: February 23, 2024 ___________________________________ JUDGE OF THE LOS ANGELES SUPERIOR COURT