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SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
FILE
Superior Court of Cal fornia
County of Place} r
Anna M. Murphy,
Plaintiff, Case No. SCV0040220
10
11
vs. Civil Pre-trial Orders
12
13
Charley D. Smith, et al.,
14
Defendants.
15 And Related Cross-Action[s].
16
17 Welcome to Department 3, the Honorable Michael W. Jones
18 presiding. The deputy is Rudy Preis, the courtroom clerk is Kim Harding
19 and contact information for Department 3 is as follows: telephone number
20 (530)-745-2045, and email address KHarding@placer.courts.ca.gov.
21
Anything transmitted to the court electronically must include a “cc”
22
designation to all counsel. Any communication without a “cc” designation
all counsel will be considered an improper exparte communication and
23
to
24
will be returned to the sender immediately.
25
The Court makes the following orders with respect to civil trials
26
conducted in Department 3:
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Page 1
1. Schedule and Hours.
Available courtrooms are precious commodities. Punctuality is an
essential.
Department 3 is a trial department, normally available for trial
Monday, Tuesday, Wednesday, Thursday and Friday. The exact hours will
be discussed in a pre-trial conference with counsel. Normal court hours are
8:30 a.m. to 4:00 p.m. on Monday through Friday. The court will discuss
scheduling issues with counsel as needed during the trial. These hours are
subject to change depending on the court's calendar. A recess will be
taken each morning and afternoon. Lunch recess is normally from 12:00
10
p.m. to 1:30 p.m., but may vary.
11
The courtroom normally will be open early for counsel to set up to
12
ensure that court may start on time. If counsel intends to use electronic
13
devices, prior approval of the court is required. Counsel shall be
14
thoroughly familiar with the equipment in order to avoid delays and
15
interruptions during court proceedings. Counsel may schedule time to test
16
17 equipment with the courtroom clerk.
Motions for a view to be taken must be made at the earliest possible
18
19 time.
20 2. Trial Management; Trial Estimates; Time Limits.
21
Counsel and parties are reminded of their obligation to proceed in an
22
manner and of the court’s obligation to assure that court time is
efficient
23
efficiently. The court reserves the right to impose time limits on the
used
24
length of the trial and on questioning of witnesses.
25
Counsel must provide the court with reasonable and accurate time
26
trial. If the time estimate of either party is exceeded, or if
estimates for
27
a party’s case the party is unable to proceed with witnesses or
during
28
evidence in a timely and efficient manner, the court may, in its discretion,
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Page 2
deem one or both parties to have rested, deem the matter submitted,
continue the trial to a new trial date, or declare a mistrial.
The court notes the following from California Crane School, Inc. v.
National Commission for Certification of Crane Operators (2014) 226
Cal.App.4th 12:
“It is incumbent upon trial judges to manage trials efficiently.
Efficiency is not necessarily measured by comparing the actual length
of a trial with the parties’ original time estimate because parties often
overestimate or underestimate a trial's length. Judges need to be
proactive from the start in both assessing what a reasonable trial
time estimate is and in monitoring the trial's progress so that the
10
case proceeds smoothly without delay. A trial department that goes
11
dark because the parties have run out of witnesses for the day is an
example of an unwarranted delay. Witnesses should be available at
12
all times. It is clearly preferable to inconveni ence one or more
13 witnesses standing by in the hallway than to bring a trial to a halt
because no witnesses are available. When a trial stops for that
14
reason, it adversely impacts the time and resources of the court,
15 jurors, parties and attorneys, not to mention those litigants waiting
for a courtroom to open up for their case. Trial time management is
16
an ongoing responsibility of the trial judge, regardless of the case's
17 complexity, the number of witnesses called or whether specific time
limits have been imposed....
18
19 But a court need not wait until a trial has been unduly prolonged
before ittakes measures to expedite the proceeding. We believe it is
20
clearly within the power of the court to impose time limits before the
21 trial commences...
22
Some litigants are of the mistaken opinion that when they are
assigned to a court for trial they have camping rights. This view
23
presumes that the trial judge must defer to the lawyers’ time
24
estimates for the conduct of the trial such that, for example, when
examining witnesses, unless a valid objection is made by one's
25
opponent, a party is entitled to take whatev er time it believes
to question each witness. This view is not only contrary to
26 necessary
law but undermines a trial judge's obligation to be protective of the
27
court's time and resources as well as the time and interests of trial
28 witnesses, jurors and other litigants waiting in line to have their
cases assigned to a courtroom.”
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Page 3
3. Conduct and Decorum.
It is vital to the integrity of our adversary legal process that
attorneys strive to maintain the highest standards of ethics, civility, and
professionalism in the practice of law. Counsel shall abide by the
guidelines for civility set forth in the California State Bar’s Model Code of
Civility. (Placer County Superior Court Local Rule 10.17) (Please see
http://www.calbar.ca.gov/calbar/pdfs/reports/Atty-Civility-Guide.pdf)
Unwarranted personal attacks on the character or motives of the opposing
party, counsel, or witnesses are inappropriate and may constitute
misconduct. (People v. Chong (1999) 76 Cal.App.4th 232, 243; In re S.C.
10
11 (2006) 138 Cal.App.4” 396, 412.)
12
All persons present in Dept. 3 shall be treated with courtesy, dignity
13
and respect.
14
Persons in the courtroom must not talk, read papers, chew gum, eat,
15
16 or use a cell phone, while court is in session.
17
Counsel should address all argument, objections and requests during
18
trial to the court, rather than directly to opposing counsel.
19
Unless addressing a child witness, counsel shall address witnesses by
20
their appropriate title and/or by their last name.
21
Counsel shall avoid standing between a witness and any juror while
22
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the witness is testifying.
Persons in the courtroom, including the parties and counsel, must not
24
by facial expression, shaking of the head, gesturing, shouts, or
25 indicate,
their disagreement with or approval of testimony, other
26 other conduct,
or court ruling. Counsel must so instruct parties they represent,
27 evidence,
28 witnesses they call, and any persons accompanying them.
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Page 4
a. Self-represented litigants
Self-represented litigants are held to the same standards as those
represented by counsel. A litigant has a right to act as his own attorney,
“but, in so doing, should be restricted to the same rules of evidence and
procedure as is required of those qualified to practice law before our
courts; otherwise, ignorance is unjustly rewarded.” (Lombardi v. Citizens
Nat. Trust etc. Bank (1955) 137 Cal.App.2d 206, 208-209.) Pro per status
does not exempt a litigant from rules of procedure. (Harding v.Collazo
(1986) 177 Cal.App.3d 1044, 1056.)
10
4. Courtroom Security.
11
12 Except with approval of the court, persons in the courtroom may not
13 traverse the area between the bench and counsel table. Counsel must so
14 instruct parties they represent, witnesses they call and persons
15 accompanying them.
16
The courtroom security is overseen by the Deputy and any requests
17
or issues to store property, including from session to session, must be
18
approved by the Deputy.
19
20
5. In Limine Rulings.
21
Counsel shall inform their respective clients and witnesses as to all
22
applicable in limine rulings and direct their compliance with the rulings.
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6. Court Reporters and Interpreters.
25
court does not provide court reporters for civil matters. A party
The
26
a court reporter shall make his or her own arrangements to obtain
desiring
27
County Superior Court Local Rule 10.15; California Rules of
one. (Placer
28
Court, Rule 2.956.)
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The party calling a witness for whom an interpreter is required must
provide in advance for, and compensate a court interpreter. Interpreters in
civil actions are not supplied by the court.
a. Trial Exhibits
On or before the first day of trial, counsel shall be prepared to have
exhibits pre-marked. The most efficient method of marking exhibits is the
use of arabic numerals in which each party is allocated a block of numbers
10
to be used sequentially. For instance, plaintiff may be allocated numbers 1
11
to 200, the first defendant numbers 201 to 400, and the second defendant
12
13
numbers 401 to 600.
Documentary exhibits consisting of more than one page must be
14
internally paginated in sequential numerical order to facilitate reference to
15
the document during interrogation of witnesses.
16
Any party presenting or offering electronic recordings into evidence
17
including an electronic sound or sound-and-video recording of deposition or
18
other prior testimony or, any other electronic sound or sound-and-video
19
recording, must lodge a transcript or otherwise provide a transcript in
20
accordance with California Rules of Court, Rule 2.1040.
21
In opening statements and closing arguments to the jury by counsel,
22
no display to the jury or reference should be made to any chart, graph,
23
model, video, cartoon, meme, drawing, demonstrative item,
24 map, picture,
burden of proof examples, or any other graphic device or presentation
25
except when marked as an exhibit and received in evidence, or by
26
stipulation of counsel. Under either exception, Counsel must obtain
27
prior permission of the court before using any graphic device.
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Before seeking such court approval, counsel shall present all such items to
opposing counsel.
With prior approval of the court, counsel may use a white board or
paper for illustrative purposes during opening statements and closing
arguments.
Counsel should substitute by photograph, technical report or dummy
object, those proposed exhibits which are (1) inherently dangerous (e.g.,
products that are highly explosive, toxic, corrosive or flammable such as
TNT, sulfuric acid, gasoline), or (2) large and cumbersome (e.g.,
ladder, sewer pipe, automobile chassis). If counsel believes that such an
10
exhibit should be brought into the courtroom, a request to do so must be
11
made to the court outside the jury’s hearing. At the end of the trial, the
12
court may require large, dangerous, and bulky exhibits to be returned to
13
the party offering the exhibit in evidence.
14
Without the consent of the court, counsel may not, during
15
presentation of evidence, summarize, diagram, calculate, or outline
16
testimony or evidence in a manner displayed to the jury. This includes, but
17
is not limited to, using a whiteboard, paper on a bulletin board, overhead
18
projection device, computer or other word processing device to be
19
projected onto a screen, or any other technology.
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b. Depositions [Discovery]
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Original certified and sealed deposition transcripts compliant with
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of Civil Procedure section 2025.550 shall be lodged with the court if a
24
Code
party will be referring to a deposition during trial.
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Unless the signing of a deposition is waived, or certification by the
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deposition officer is obtained pursuant to Code of Civil Procedure section
27
all depositions must be signed and lodged with the clerk of the
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2025.540,
trial court before the commencement of trial.
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If any changes are made in a deposition by the deponent after the
taking of the deposition, counsel for a party deponent or in the case of a
non-party deponent, the counsel who requested the taking of the
deposition, must prepare and submit to all other counsel in the case a list
of such changes, including the page and line numbers thereof.
All trial counsel shall comply with Code of Civil Procedure sections
2025.620 and 2025.340(m). Any party intending to use depositions
pursuant to these sections shall notify the court and all parties in writing
with a list of objections (page, line, and meet and confer results) which
counsel reasonably anticipate a ruling will be required. The parties shall
10
meet and confer to resolve any objections. Compliance with these sections
11
the list of objections shall be submitted to the court at the Civil Trial
and
12
or no later than the first day of trial with a good faith reason as
Conference
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to why they were not submitted to the court earlier.
14
Before reading into evidence any portion of any deposition,
15
interrogatory or request for admission, or showing any video deposition,
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counsel must obtain leave of court and must then advise the court and
17
which pages and lines of the deposition or the numbers of
opposing counsel
18
interrogatories or requests for admission are to be read. Prior to such
the
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opposing counsel must be given a reasonable opportunity to read
reading,
20
the same and interpose any objections thereto.
intends to read multiple interrogatories into evidence, that
21
If counsel
should make extracts of the pertinent portions of questions and
22
counsel
and furnish sufficient copies for adversaries and the court before
23
answers
Those extracts should be prepared in a form so that the question
24
reading.
immediately precedes the answer. The date or other description
25 answered
the particular set of interrogatories must appear on the prepared
26 of
procedure will apply to requests for admissions and
27 extract. The same
28 responses thereto.
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c. Stipulations
Counsel shall meet and confer to determine whether stipulations can
be reached as to the admission into evidence of any exhibits.
All stipulations must be in final written format, signed by all parties
entering into any such stipulations, for submission to the jury during
deliberations. Counsel proposing the stipulation shall inform the court and
opposing counsel during the pre trial conference as to where during the
course of the trial the stipulation will be offered to the court for reading to
the jury (i.e. at the beginning of trial, after or during testimony of a certain
witness, at the conclusion of the party’s case etc.).
10
11
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8. Witnesses
No consultations between counsel and a witness while on the stand
13
14
will be permitted without leave of court.
Counsel must not repeat the witness’ answer to the prior question
15
before asking another question. Counsel must wait until the witness has
16
completed the answer before asking another question. If counsel asks a
17
new question before the witness answers the pending question or an
18
objection thereto is ruled upon, counsel will be deemed to have withdrawn
19
the earlier question.
20
The court ordinarily will not examine a witness until the parties have
21
completed questioning the witness. If a witness is referring to graphic
22
evidence (e.g., pointing to "here" and "there" on a map), the court may
23
make such inquiries and give such direction that the record is complete and
24
intelligible regarding the points of reference. When the court completes
25
such questions, all parties may have the opportunity to examine upon the
26
matters touched upon by the court.
27
Before inquiring into evidence which may reasonably be anticipated
28
to be inflammatory or highly prejudicial and potentially excludable pursuant
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to Evidence Code section 352, counsel must bring the intended area of
inquiry to the attention of the other party and the court outside the hearing
of the jurors.
Before a witness takes the stand, the counsel calling the witness
should admonish him or her to be responsive to the questions and to wait
until a question is completed and a ruling made on any objection before
answering.
Counsel should not admonish a witness while on the stand about the
manner of answering questions, but may request the court to admonish the
witness.
10
11
Disclosure and Scheduling
12
No later than the preceding court day, counsel shall disclose to other
13
counsel the names and schedule of all witnesses to be called to testify on
14
the following court day. Counsel should meet and confer to make certain
15
that there is a full schedule of witnesses for each day of trial. The court
16
will normally allow witnesses to be taken out of order so that unnecessary
17
delays during the trial are avoided.
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19
Exclusion of Witnesses
20
Unless otherwise ordered, witnesses will be excluded pursuant to
21
Evidence Code section 777.
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23
Approaching Witnesses
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Counsel must remain at a lectern [ordinarily not available] or behind
25
the counsel table when examining a witness.
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28
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Page 10
Counsel shall obtain permission of the court before approaching an
adverse witness. Permission need only be requested one time per adverse
witness. Attorneys do not need to ask permission to approach their own
witnesses.
9. Objections to Evidence.
Counsel ordinarily should not interrupt an incomplete question to
object unless the question is both patently objectionable and at least
arguably prejudicial.
Counsel should succinctly state the legal basis for an evidentiary
10
objection. Counsel shall wait for the Court to rule. “Objections that include
11
argument of counsel in the presence of the jury are called “...speaking
12
objections. Although such objections were common until the early 1960's,
13
they are now strongly disfavored as objections that waste time, create
14
bias, and result in argument back and forth by counsel. If there is a dire
15
need to argue an objection, counsel should do this at sidebar, in chambers,
16
or otherwise outside the jury’s presence.” (CEB, California Trial Objections,
17
2007, section 7.4.)
18
It is improper to use a speaking objection to place information before
19
the jury that was not admitted into evidence.
20
21
10. Jury Selection.
22
In the absence of a stipulation that a verdict may be returned by 11
23
or fewer jurors, the court will usually direct the selection of alternate jurors
24
as follows: (1) If the trial time estimate is over three trial days, but less
25
than seven trial days, two alternates; (2) If the trial time estimate is over
26
trial days, but less than 21 trial days, three alternates; (3) If the trial
six
27
time estimate is over 20 trial days, four alternates. If a stipulation is
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reached that a verdict may be returned by 11 or fewer jurors, the court will
usually direct the selection of one less alternate for each juror less than 12
required for a verdict.
Method
The court normally utilizes the “six pack” method of jury selection.
Questionnaires
The court normally requests prospective jurors to complete a
standard questionnaire. Use of any additional questionnaire, for complex
10
cases, class action cases, or other extra ordinary cases, may be discussed
11
in the pre-trial conference. Parties may only use written questionnaires, to
12
be filled out by prospective jurors, only upon a showing of good cause or in
13
the interests of justice.
14
15
Challenges
16
The number of peremptory challenges is governed by Code of Civil
17
Procedure section 231. The number of peremptory challenges as to
18
alternate jurors is governed by Code of Civil Procedure section 234.
19
20
21
Voir Dire
A party requesting the court to voir dire the prospective jurors with
22
questions that are not set forth in Standards of Judicial Administration,
23
Standard 3.25(c), must prepare and submit to the court those proposed
24
questions in writing and serve a copy on the other parties.
25
Counsel shall comply with the Standards of Judicial Administration,
26
Standard 3.25(f), below, as to permissible examination of prospective
27
28
jurors in civil cases:
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Page 12
“(f) [Improper questions] When any counsel examines the
prospective jurors, the court should not permit counsel to attempt to
precondition the prospective jurors to a particular result or allow
counsel to comment on the personal lives and families of the parties
or their attorneys. Nor should he allow counsel to question the jurors
concerning the pleadings, the applicable law, the meaning of
particular words and phrases, or the comfort of the jurors, except in
unusual circumstances, where, in the court's sound discretion, such
questions become necessary to insure the selection of a fair and
impartial jury.”
10
11 Voir dire is not a platform from which counsel may:
12
e Attempt to precondition the prospective jurors to a particular
13
result, indoctrinate them, or question them about the pleadings
14
or the applicable law [CCP sect. 222.5 (civil cases); Cal Rules of
15 Court, Standards of Judicial Administration 4.30(c) (criminal
law)].
16
17
e Compel them to commit themselves to a particular disposition
18 of the case.
19
e Ask them to promise to do or not do something.
20
21 e Prejudice them for or against a party.
22
° Argue the case.
23
24 e Instruct them on matters of law. People v. Visciotti (1992) 2
C4th 1, 47-48; Rousseau v. West Coast House Movers (1967)
25
256 Cal App3d 878, 882.
26
e Attempt to obtain the jurors’ advisory opinion based ona
27
preview of the evidence. People v. Mason (1991) 52 C3d 909,
28
939-40.
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Page 13
Statement of the Case
Counsel shall meet and confer and prepare a joint statement of the
case. The statement should be a brief outline of the nature of the case.
(California Standard of Judicial Administration 3.25(b). The court may read
to the prospective jurors the brief statement of the case, or pursuant to
Code of Civil Procedure, section 222.5 and California Rules of Court, rule
2.1034, may allow the parties to deliver mini-opening statements with time
limits set by the court.
10
11. Jury Instructions, Verdict Forms, Special Findings Forms.
11
12
Meet and Confer Obligation
13
Counsel are required to meet and confer regarding jury instructions
14
and to then provide the court with a joint list, specifying agreed
15
instructions and identifying those instructions that are in dispute. Counsel
16
are further requested to meet and confer regarding verdict forms and
17
special findings. If all counsel agree upon the verdict forms and or special
18
forms, all counsel are required to initial the back of each page and
findings
19
submit them to the court for final approval.
20
Legal Requirements
21
Counsel must comply with the requirements of Code of Civil
22
section 607a. In addition to the format requirements set forth
Procedure
23
therein, that section provides, in part, as follows:
24
case which is being tried before the court with a jury, it
“In every
25
be the duty of counsel for the respective parties, before the first
shall
26
is sworn, to deliver to the judge presiding at the trial and serve
witness
27
counsel, all proposed instructions to the jury covering the
upon opposing
28
law as disclosed by the pleadings. Thereafter, and before the
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Page 14
commencement of the argument, counsel may deliver to such judge, and
serve upon opposing counsel, additional proposed instructions to the jury
upon questions of law developed by the evidence and not disclosed by the
pleadings.”
In a civil case, each party must propose complete and comprehensive
instructions in accordance with the party’s theory of the litigation; if the
parties do not do so, the court has no duty to instruct on its own
motion. (Finn v. G.D. Searle & Co. (1984) 35 Cal.3d 691, 701.)
(emphasis added).
10
CACI Instructions
11
California Rules of Court, Rule 2.1050 provides that the California
12
jury instructions approved by the Judicial Council are the official
13
instructions for use in California; therefore, counsel should use “CACI”
14
15
instructions to the extent possible.
16
17
Format of Instructions
Counsel must comply with California Rules of Court, Rule 2.1055,
18
with respect to the format of proposed instructions. That rule provides, in
19
20 part, as follows:
21
22 “(a) Application
1) This rule applies to proposed jury instructions that a party submits
23 to the court, including:
24
(A) “Approved jury instructions,” meaning jury instructions approved
25 by the Judicial Council of California; and
26
(B) “Special jury instructions,” meaning instructions from other
27 sources, those specially prepared by the party, or approved
instructions that have been substantially modified by the party.
28
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Page 15
Preview
SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER FILE Superior Court of Cal fornia County of Place} r Anna M. Murphy, Plaintiff, Case No. SCV0040220 10 11 vs. Civil Pre-trial Orders 12 13 Charley D. Smith, et al., 14 Defendants. 15 And Related Cross-Action[s]. 16 17 Welcome to Department 3, the Honorable Michael W. Jones 18 presiding. The deputy is Rudy Preis, the courtroom clerk is Kim Harding 19 and contact information for Department 3 is as follows: telephone number 20 (530)-745-2045, and email address KHarding@placer.courts.ca.gov. 21 Anything transmitted to the court electronically must include a “cc” 22 designation to all counsel. Any communication without a “cc” designation all counsel will be considered an improper exparte communication and 23 to 24 will be returned to the sender immediately. 25 The Court makes the following orders with respect to civil trials 26 conducted in Department 3: 27 28 29 Page 1 1. Schedule and Hours. Available courtrooms are precious commodities. Punctuality is an essential. Department 3 is a trial department, normally available for trial Monday, Tuesday, Wednesday, Thursday and Friday. The exact hours will be discussed in a pre-trial conference with counsel. Normal court hours are 8:30 a.m. to 4:00 p.m. on Monday through Friday. The court will discuss scheduling issues with counsel as needed during the trial. These hours are subject to change depending on the court's calendar. A recess will be taken each morning and afternoon. Lunch recess is normally from 12:00 10 p.m. to 1:30 p.m., but may vary. 11 The courtroom normally will be open early for counsel to set up to 12 ensure that court may start on time. If counsel intends to use electronic 13 devices, prior approval of the court is required. Counsel shall be 14 thoroughly familiar with the equipment in order to avoid delays and 15 interruptions during court proceedings. Counsel may schedule time to test 16 17 equipment with the courtroom clerk. Motions for a view to be taken must be made at the earliest possible 18 19 time. 20 2. Trial Management; Trial Estimates; Time Limits. 21 Counsel and parties are reminded of their obligation to proceed in an 22 manner and of the court’s obligation to assure that court time is efficient 23 efficiently. The court reserves the right to impose time limits on the used 24 length of the trial and on questioning of witnesses. 25 Counsel must provide the court with reasonable and accurate time 26 trial. If the time estimate of either party is exceeded, or if estimates for 27 a party’s case the party is unable to proceed with witnesses or during 28 evidence in a timely and efficient manner, the court may, in its discretion, 29 Page 2 deem one or both parties to have rested, deem the matter submitted, continue the trial to a new trial date, or declare a mistrial. The court notes the following from California Crane School, Inc. v. National Commission for Certification of Crane Operators (2014) 226 Cal.App.4th 12: “It is incumbent upon trial judges to manage trials efficiently. Efficiency is not necessarily measured by comparing the actual length of a trial with the parties’ original time estimate because parties often overestimate or underestimate a trial's length. Judges need to be proactive from the start in both assessing what a reasonable trial time estimate is and in monitoring the trial's progress so that the 10 case proceeds smoothly without delay. A trial department that goes 11 dark because the parties have run out of witnesses for the day is an example of an unwarranted delay. Witnesses should be available at 12 all times. It is clearly preferable to inconveni ence one or more 13 witnesses standing by in the hallway than to bring a trial to a halt because no witnesses are available. When a trial stops for that 14 reason, it adversely impacts the time and resources of the court, 15 jurors, parties and attorneys, not to mention those litigants waiting for a courtroom to open up for their case. Trial time management is 16 an ongoing responsibility of the trial judge, regardless of the case's 17 complexity, the number of witnesses called or whether specific time limits have been imposed.... 18 19 But a court need not wait until a trial has been unduly prolonged before ittakes measures to expedite the proceeding. We believe it is 20 clearly within the power of the court to impose time limits before the 21 trial commences... 22 Some litigants are of the mistaken opinion that when they are assigned to a court for trial they have camping rights. This view 23 presumes that the trial judge must defer to the lawyers’ time 24 estimates for the conduct of the trial such that, for example, when examining witnesses, unless a valid objection is made by one's 25 opponent, a party is entitled to take whatev er time it believes to question each witness. This view is not only contrary to 26 necessary law but undermines a trial judge's obligation to be protective of the 27 court's time and resources as well as the time and interests of trial 28 witnesses, jurors and other litigants waiting in line to have their cases assigned to a courtroom.” 29 Page 3 3. Conduct and Decorum. It is vital to the integrity of our adversary legal process that attorneys strive to maintain the highest standards of ethics, civility, and professionalism in the practice of law. Counsel shall abide by the guidelines for civility set forth in the California State Bar’s Model Code of Civility. (Placer County Superior Court Local Rule 10.17) (Please see http://www.calbar.ca.gov/calbar/pdfs/reports/Atty-Civility-Guide.pdf) Unwarranted personal attacks on the character or motives of the opposing party, counsel, or witnesses are inappropriate and may constitute misconduct. (People v. Chong (1999) 76 Cal.App.4th 232, 243; In re S.C. 10 11 (2006) 138 Cal.App.4” 396, 412.) 12 All persons present in Dept. 3 shall be treated with courtesy, dignity 13 and respect. 14 Persons in the courtroom must not talk, read papers, chew gum, eat, 15 16 or use a cell phone, while court is in session. 17 Counsel should address all argument, objections and requests during 18 trial to the court, rather than directly to opposing counsel. 19 Unless addressing a child witness, counsel shall address witnesses by 20 their appropriate title and/or by their last name. 21 Counsel shall avoid standing between a witness and any juror while 22 23 the witness is testifying. Persons in the courtroom, including the parties and counsel, must not 24 by facial expression, shaking of the head, gesturing, shouts, or 25 indicate, their disagreement with or approval of testimony, other 26 other conduct, or court ruling. Counsel must so instruct parties they represent, 27 evidence, 28 witnesses they call, and any persons accompanying them. 29 Page 4 a. Self-represented litigants Self-represented litigants are held to the same standards as those represented by counsel. A litigant has a right to act as his own attorney, “but, in so doing, should be restricted to the same rules of evidence and procedure as is required of those qualified to practice law before our courts; otherwise, ignorance is unjustly rewarded.” (Lombardi v. Citizens Nat. Trust etc. Bank (1955) 137 Cal.App.2d 206, 208-209.) Pro per status does not exempt a litigant from rules of procedure. (Harding v.Collazo (1986) 177 Cal.App.3d 1044, 1056.) 10 4. Courtroom Security. 11 12 Except with approval of the court, persons in the courtroom may not 13 traverse the area between the bench and counsel table. Counsel must so 14 instruct parties they represent, witnesses they call and persons 15 accompanying them. 16 The courtroom security is overseen by the Deputy and any requests 17 or issues to store property, including from session to session, must be 18 approved by the Deputy. 19 20 5. In Limine Rulings. 21 Counsel shall inform their respective clients and witnesses as to all 22 applicable in limine rulings and direct their compliance with the rulings. 23 24 6. Court Reporters and Interpreters. 25 court does not provide court reporters for civil matters. A party The 26 a court reporter shall make his or her own arrangements to obtain desiring 27 County Superior Court Local Rule 10.15; California Rules of one. (Placer 28 Court, Rule 2.956.) 29 Page 5 The party calling a witness for whom an interpreter is required must provide in advance for, and compensate a court interpreter. Interpreters in civil actions are not supplied by the court. a. Trial Exhibits On or before the first day of trial, counsel shall be prepared to have exhibits pre-marked. The most efficient method of marking exhibits is the use of arabic numerals in which each party is allocated a block of numbers 10 to be used sequentially. For instance, plaintiff may be allocated numbers 1 11 to 200, the first defendant numbers 201 to 400, and the second defendant 12 13 numbers 401 to 600. Documentary exhibits consisting of more than one page must be 14 internally paginated in sequential numerical order to facilitate reference to 15 the document during interrogation of witnesses. 16 Any party presenting or offering electronic recordings into evidence 17 including an electronic sound or sound-and-video recording of deposition or 18 other prior testimony or, any other electronic sound or sound-and-video 19 recording, must lodge a transcript or otherwise provide a transcript in 20 accordance with California Rules of Court, Rule 2.1040. 21 In opening statements and closing arguments to the jury by counsel, 22 no display to the jury or reference should be made to any chart, graph, 23 model, video, cartoon, meme, drawing, demonstrative item, 24 map, picture, burden of proof examples, or any other graphic device or presentation 25 except when marked as an exhibit and received in evidence, or by 26 stipulation of counsel. Under either exception, Counsel must obtain 27 prior permission of the court before using any graphic device. 28 29 Page 6 Before seeking such court approval, counsel shall present all such items to opposing counsel. With prior approval of the court, counsel may use a white board or paper for illustrative purposes during opening statements and closing arguments. Counsel should substitute by photograph, technical report or dummy object, those proposed exhibits which are (1) inherently dangerous (e.g., products that are highly explosive, toxic, corrosive or flammable such as TNT, sulfuric acid, gasoline), or (2) large and cumbersome (e.g., ladder, sewer pipe, automobile chassis). If counsel believes that such an 10 exhibit should be brought into the courtroom, a request to do so must be 11 made to the court outside the jury’s hearing. At the end of the trial, the 12 court may require large, dangerous, and bulky exhibits to be returned to 13 the party offering the exhibit in evidence. 14 Without the consent of the court, counsel may not, during 15 presentation of evidence, summarize, diagram, calculate, or outline 16 testimony or evidence in a manner displayed to the jury. This includes, but 17 is not limited to, using a whiteboard, paper on a bulletin board, overhead 18 projection device, computer or other word processing device to be 19 projected onto a screen, or any other technology. 20 21 b. Depositions [Discovery] 22 Original certified and sealed deposition transcripts compliant with 23 of Civil Procedure section 2025.550 shall be lodged with the court if a 24 Code party will be referring to a deposition during trial. 25 Unless the signing of a deposition is waived, or certification by the 26 deposition officer is obtained pursuant to Code of Civil Procedure section 27 all depositions must be signed and lodged with the clerk of the 28 2025.540, trial court before the commencement of trial. 29 Page 7 If any changes are made in a deposition by the deponent after the taking of the deposition, counsel for a party deponent or in the case of a non-party deponent, the counsel who requested the taking of the deposition, must prepare and submit to all other counsel in the case a list of such changes, including the page and line numbers thereof. All trial counsel shall comply with Code of Civil Procedure sections 2025.620 and 2025.340(m). Any party intending to use depositions pursuant to these sections shall notify the court and all parties in writing with a list of objections (page, line, and meet and confer results) which counsel reasonably anticipate a ruling will be required. The parties shall 10 meet and confer to resolve any objections. Compliance with these sections 11 the list of objections shall be submitted to the court at the Civil Trial and 12 or no later than the first day of trial with a good faith reason as Conference 13 to why they were not submitted to the court earlier. 14 Before reading into evidence any portion of any deposition, 15 interrogatory or request for admission, or showing any video deposition, 16 counsel must obtain leave of court and must then advise the court and 17 which pages and lines of the deposition or the numbers of opposing counsel 18 interrogatories or requests for admission are to be read. Prior to such the 19 opposing counsel must be given a reasonable opportunity to read reading, 20 the same and interpose any objections thereto. intends to read multiple interrogatories into evidence, that 21 If counsel should make extracts of the pertinent portions of questions and 22 counsel and furnish sufficient copies for adversaries and the court before 23 answers Those extracts should be prepared in a form so that the question 24 reading. immediately precedes the answer. The date or other description 25 answered the particular set of interrogatories must appear on the prepared 26 of procedure will apply to requests for admissions and 27 extract. The same 28 responses thereto. 29 Page 8 c. Stipulations Counsel shall meet and confer to determine whether stipulations can be reached as to the admission into evidence of any exhibits. All stipulations must be in final written format, signed by all parties entering into any such stipulations, for submission to the jury during deliberations. Counsel proposing the stipulation shall inform the court and opposing counsel during the pre trial conference as to where during the course of the trial the stipulation will be offered to the court for reading to the jury (i.e. at the beginning of trial, after or during testimony of a certain witness, at the conclusion of the party’s case etc.). 10 11 12 8. Witnesses No consultations between counsel and a witness while on the stand 13 14 will be permitted without leave of court. Counsel must not repeat the witness’ answer to the prior question 15 before asking another question. Counsel must wait until the witness has 16 completed the answer before asking another question. If counsel asks a 17 new question before the witness answers the pending question or an 18 objection thereto is ruled upon, counsel will be deemed to have withdrawn 19 the earlier question. 20 The court ordinarily will not examine a witness until the parties have 21 completed questioning the witness. If a witness is referring to graphic 22 evidence (e.g., pointing to "here" and "there" on a map), the court may 23 make such inquiries and give such direction that the record is complete and 24 intelligible regarding the points of reference. When the court completes 25 such questions, all parties may have the opportunity to examine upon the 26 matters touched upon by the court. 27 Before inquiring into evidence which may reasonably be anticipated 28 to be inflammatory or highly prejudicial and potentially excludable pursuant 29 Page 9 to Evidence Code section 352, counsel must bring the intended area of inquiry to the attention of the other party and the court outside the hearing of the jurors. Before a witness takes the stand, the counsel calling the witness should admonish him or her to be responsive to the questions and to wait until a question is completed and a ruling made on any objection before answering. Counsel should not admonish a witness while on the stand about the manner of answering questions, but may request the court to admonish the witness. 10 11 Disclosure and Scheduling 12 No later than the preceding court day, counsel shall disclose to other 13 counsel the names and schedule of all witnesses to be called to testify on 14 the following court day. Counsel should meet and confer to make certain 15 that there is a full schedule of witnesses for each day of trial. The court 16 will normally allow witnesses to be taken out of order so that unnecessary 17 delays during the trial are avoided. 18 19 Exclusion of Witnesses 20 Unless otherwise ordered, witnesses will be excluded pursuant to 21 Evidence Code section 777. 22 23 Approaching Witnesses 24 Counsel must remain at a lectern [ordinarily not available] or behind 25 the counsel table when examining a witness. 26 27 28 29 Page 10 Counsel shall obtain permission of the court before approaching an adverse witness. Permission need only be requested one time per adverse witness. Attorneys do not need to ask permission to approach their own witnesses. 9. Objections to Evidence. Counsel ordinarily should not interrupt an incomplete question to object unless the question is both patently objectionable and at least arguably prejudicial. Counsel should succinctly state the legal basis for an evidentiary 10 objection. Counsel shall wait for the Court to rule. “Objections that include 11 argument of counsel in the presence of the jury are called “...speaking 12 objections. Although such objections were common until the early 1960's, 13 they are now strongly disfavored as objections that waste time, create 14 bias, and result in argument back and forth by counsel. If there is a dire 15 need to argue an objection, counsel should do this at sidebar, in chambers, 16 or otherwise outside the jury’s presence.” (CEB, California Trial Objections, 17 2007, section 7.4.) 18 It is improper to use a speaking objection to place information before 19 the jury that was not admitted into evidence. 20 21 10. Jury Selection. 22 In the absence of a stipulation that a verdict may be returned by 11 23 or fewer jurors, the court will usually direct the selection of alternate jurors 24 as follows: (1) If the trial time estimate is over three trial days, but less 25 than seven trial days, two alternates; (2) If the trial time estimate is over 26 trial days, but less than 21 trial days, three alternates; (3) If the trial six 27 time estimate is over 20 trial days, four alternates. If a stipulation is 28 29 Page 11 reached that a verdict may be returned by 11 or fewer jurors, the court will usually direct the selection of one less alternate for each juror less than 12 required for a verdict. Method The court normally utilizes the “six pack” method of jury selection. Questionnaires The court normally requests prospective jurors to complete a standard questionnaire. Use of any additional questionnaire, for complex 10 cases, class action cases, or other extra ordinary cases, may be discussed 11 in the pre-trial conference. Parties may only use written questionnaires, to 12 be filled out by prospective jurors, only upon a showing of good cause or in 13 the interests of justice. 14 15 Challenges 16 The number of peremptory challenges is governed by Code of Civil 17 Procedure section 231. The number of peremptory challenges as to 18 alternate jurors is governed by Code of Civil Procedure section 234. 19 20 21 Voir Dire A party requesting the court to voir dire the prospective jurors with 22 questions that are not set forth in Standards of Judicial Administration, 23 Standard 3.25(c), must prepare and submit to the court those proposed 24 questions in writing and serve a copy on the other parties. 25 Counsel shall comply with the Standards of Judicial Administration, 26 Standard 3.25(f), below, as to permissible examination of prospective 27 28 jurors in civil cases: 29 Page 12 “(f) [Improper questions] When any counsel examines the prospective jurors, the court should not permit counsel to attempt to precondition the prospective jurors to a particular result or allow counsel to comment on the personal lives and families of the parties or their attorneys. Nor should he allow counsel to question the jurors concerning the pleadings, the applicable law, the meaning of particular words and phrases, or the comfort of the jurors, except in unusual circumstances, where, in the court's sound discretion, such questions become necessary to insure the selection of a fair and impartial jury.” 10 11 Voir dire is not a platform from which counsel may: 12 e Attempt to precondition the prospective jurors to a particular 13 result, indoctrinate them, or question them about the pleadings 14 or the applicable law [CCP sect. 222.5 (civil cases); Cal Rules of 15 Court, Standards of Judicial Administration 4.30(c) (criminal law)]. 16 17 e Compel them to commit themselves to a particular disposition 18 of the case. 19 e Ask them to promise to do or not do something. 20 21 e Prejudice them for or against a party. 22 ° Argue the case. 23 24 e Instruct them on matters of law. People v. Visciotti (1992) 2 C4th 1, 47-48; Rousseau v. West Coast House Movers (1967) 25 256 Cal App3d 878, 882. 26 e Attempt to obtain the jurors’ advisory opinion based ona 27 preview of the evidence. People v. Mason (1991) 52 C3d 909, 28 939-40. 29 Page 13 Statement of the Case Counsel shall meet and confer and prepare a joint statement of the case. The statement should be a brief outline of the nature of the case. (California Standard of Judicial Administration 3.25(b). The court may read to the prospective jurors the brief statement of the case, or pursuant to Code of Civil Procedure, section 222.5 and California Rules of Court, rule 2.1034, may allow the parties to deliver mini-opening statements with time limits set by the court. 10 11. Jury Instructions, Verdict Forms, Special Findings Forms. 11 12 Meet and Confer Obligation 13 Counsel are required to meet and confer regarding jury instructions 14 and to then provide the court with a joint list, specifying agreed 15 instructions and identifying those instructions that are in dispute. Counsel 16 are further requested to meet and confer regarding verdict forms and 17 special findings. If all counsel agree upon the verdict forms and or special 18 forms, all counsel are required to initial the back of each page and findings 19 submit them to the court for final approval. 20 Legal Requirements 21 Counsel must comply with the requirements of Code of Civil 22 section 607a. In addition to the format requirements set forth Procedure 23 therein, that section provides, in part, as follows: 24 case which is being tried before the court with a jury, it “In every 25 be the duty of counsel for the respective parties, before the first shall 26 is sworn, to deliver to the judge presiding at the trial and serve witness 27 counsel, all proposed instructions to the jury covering the upon opposing 28 law as disclosed by the pleadings. Thereafter, and before the 29 Page 14 commencement of the argument, counsel may deliver to such judge, and serve upon opposing counsel, additional proposed instructions to the jury upon questions of law developed by the evidence and not disclosed by the pleadings.” In a civil case, each party must propose complete and comprehensive instructions in accordance with the party’s theory of the litigation; if the parties do not do so, the court has no duty to instruct on its own motion. (Finn v. G.D. Searle & Co. (1984) 35 Cal.3d 691, 701.) (emphasis added). 10 CACI Instructions 11 California Rules of Court, Rule 2.1050 provides that the California 12 jury instructions approved by the Judicial Council are the official 13 instructions for use in California; therefore, counsel should use “CACI” 14 15 instructions to the extent possible. 16 17 Format of Instructions Counsel must comply with California Rules of Court, Rule 2.1055, 18 with respect to the format of proposed instructions. That rule provides, in 19 20 part, as follows: 21 22 “(a) Application 1) This rule applies to proposed jury instructions that a party submits 23 to the court, including: 24 (A) “Approved jury instructions,” meaning jury instructions approved 25 by the Judicial Council of California; and 26 (B) “Special jury instructions,” meaning instructions from other 27 sources, those specially prepared by the party, or approved instructions that have been substantially modified by the party. 28 29 Page 15