Superior Court of California County of Orange

Transcription

1 Superior Court of California County of Orange HONORABLE JAMES J. DI CESARE CLERK: Martha Diaz COURT ATTENDANT: Loretta Schwary POLICIES AND PROCEDURES - DEPARTMENT C CIVIC CENTER DRIVE Welcome to the Department C16 Civil Calendar. We want your time with us to be a professionally satisfying experience, and look forward to working with you again at some time in the future. In order to facilitate the progress of your case and assure its timely disposition, the Court has set forth the following procedures: I. GENERAL CALENDAR: A. Jury Trials Monday, Tuesday and Wednesday 9:00 A.M. to 4:30 P.M. B. OSCs and CMCs Wednesday at 9:00 A.M. C. MSCs Friday at 8:30 A.M. D. Post-Arbitration hearings Friday at 8:30 A.M. E. Default Prove-Up hearings Friday at 10:30 A.M. F. Law and Motion matters Friday at 9:30 A.M. G. Ex Parte matters heard every day at 1:30 P.M. except Thursday. II. GENERAL PROCEDURES: Rev Page 1

2 A. MSCs The Court sets these on Fridays and actively participates in settlement. Be sure to read and follow Rule 316 of the OCSC. B. Post-arbitration continuances If all parties stipulate to continue the arbitration hearings and a written stipulation is signed by the arbitrator, the Court will grant the continuance on the basis of the submitted stipulation and order. Counsel must include a declaration for good cause therewith. The order must include a rescheduling of the Arbitration Review hearing if the arbitration is continued to a date within 45 days of the previously set Arbitration Review hearing. C. Law and Motion See the attached re: Internet rulings. Tentative rulings may be posted every Friday at 9:30 AM on the day of the hearing. Argument/hearings are Friday at 9:30 AM D. Ex Parte matters See the attached information sheet re: particulars. III. TRIAL PROCEDURES: A. This Court will use the six-pack method of jury selection. Challenges will be addressed to the group of potential jurors in the box. Usually two alternates will be selected during voir dire. 1. In all jury trials, the following rules and procedures are followed: a. A Statement of Compliance must be submitted and must be completed prior to being signed by all counsel. b. In accordance with the Judicial Council s Standards on voir dire (Cal. Rules of Court Appendix Div. 1, Section A).The Judge will normally conduct the initial voir dire of prospective jurors using applicable questions contained in these standards. Counsel is then permitted liberal and probing voir dire in conformance with the law. B. Each Counsel should deliver proposed jury instructions to the clerk by noon the Friday before the trial. The Court generally favors the exclusive use of CACI. Be sure and give special attention to special verdict forms. C. Exhibits: Careful attention ought to be given to exhibits and exhibit lists. Invariably, failure to give this appropriate attention results in confusion during trial, time delays, jury exasperation, and the appearance of counsel confusion. 1. Before the first day of trial, counsel should jointly prepare an exhibit list. Each exhibit shall be listed by an exhibit number. The exhibit list shall list each exhibit number along with a very brief description, including the date of the document or a notation that the document is undated. Copies of the exhibit list shall be made for the Court, the clerk, the reporter, and each counsel. A sample exhibit list is attached for reference. Rev Page 2

3 2. If there are more than six exhibits, and to the extent that the exhibits are standard size and not too bulky, they shall be placed in 3-ring binders with tabbed dividers. Each tab shall bear the corresponding exhibit number. If the exhibit is more than 1 page, each page is to include Bates numbering at the bottom of the document. 3. Exhibit binders for the witness: Each exhibit must have a green Court exhibit tag attached. (This is for the witness copy only). Please make copies of Exhibit page tags located on the last page of this pamphlet on green paper. Exhibit binders for the Court: Counsel are encouraged to highlight any language of the exhibit that is expected to be particularly important at trial (This is for the Court s copy only). 4. If you plan to use a video exhibit, or video-taped depositions, or an overhead projector, the Court should be advised at the earliest opportunity since Court permission is required before these pieces of equipment can be used at trial. It is Counsel s responsibility to supply the necessary equipment and to have it set up before trial or during recess. 5. The original exhibits and exhibit list is to be given to the clerk on the 1 st day of the trial. If you anticipate any problems with exhibits, please consult with the clerk before trial. D. Good advocacy requires that personality differences remain outside the courtroom unobserved by the jury, Court and staff. COURTESY TO ALL IS REQUIRED AND IS THE WATCHWORD. Rev Page 3

4 HONORABLE JAMES J. DI CESARE DEPARTMENT C CIVIC CENTER DRIVE LAW AND MOTION PROCEDURES Law and Motion matters are heard every Friday at 9:30 A.M. Motion reservation dates are requested online through the court's public website at. Tentative rulings are posted on the internet (see below). Please check the court s public website at or telephone for questions regarding motions or to confirm hearing dates. Tentative rulings may be posted on the internet at: by 9:30 A.M. on the day of the hearing or outside of the courtroom prior to the hearing. Oral argument is always on the Friday hearing date commencing at 9:30 A.M. as indicated above. No additional papers will be allowed at the time of the hearing. If no one appears for argument, then the tentative ruling will become the final ruling on the matter effective the date of the hearing. The moving party shall give notice or prepare the order, if appropriate, per California Rule of Court NOTICE TO COUNSEL OR OPPOSING PARTY, IF NO COUNSEL If opposing parties appear unnecessarily because of the failure to give notice of the above procedures, sanctions may be levied. Rev Page 4

5 HONORABLE JAMES J. DI CESARE DEPARTMENT C CIVIC CENTER DRIVE WEST EX PARTE INFORMATION Ex Parte applications are heard Monday, Tuesday, Wednesday, and Friday at 1:30 P.M. Requirements pursuant to Rules , California Rules of Court shall apply. Moving party shall notify Department C16,, of the application, no later than noon of the Court day before the matter is to be heard, prior to notifying opposing parties pursuant to Rule , CRC. The fee required for each Ex Parte application must be submitted with the E-filed application. Ex Parte applications shall be E-filed by 3:00 P.M. the day prior to the hearing date. Ex Parte application shall be E-filed and include the following: Declaration of Notice of Ex Parte hearing State in first paragraph of application, the irreparable harm that will occur if the relief requested is not granted until after a formally noticed hearing. Declaration based on personal knowledge. Brief and concise Points and Authorities. Proposed Order. Opposition to the Ex Parte application shall be E-filed. The hearing of Ex Parte matters shall not interfere with or delay the trial in progress; Counsel may have to wait. Rev Page 5