Superior Court of California County of Orange

Transcription

1 Superior Court of California County of Orange HONORABLE FRANCISO F. FIRMAT CLERK: Kathy Blair COURT ATTENDANT: Susan New COURT REPORTER: Assigned POLICIES AND PROCEDURES - DEPARTMENT C15 CENTRAL JUSTICE CENTER 700 CIVIC CENTER DRIVE SANTA ANA, CA (657) Courtroom Hours: 8:30 a.m. 4:30 p.m. Jury Trial Time: Monday, Tuesday, Thursday: 9:00 a.m. 4:30 p.m., Wednesday 9:00 a.m. Noon Ex Parte: Monday Friday 1:30 p.m. Law & Motion: Wednesdays 3:00 p.m. MSC: Friday 10:00 a.m. 4:30 p.m. Case Management, Default Prove Up Hearings, OSC re: Dismissal: Friday 9:00 a.m. This Court believes that the following are fair procedures that will help expedite the hearing of the case. If you feel that any one of these should not be applied in this case, you should ask for a pre-trial chamber conference with the Court and all counsel present and show good cause why the procedure should not be applied. Submission of Documents at Outset of Trial The parties Statement of Compliance must be filed in Department C15 by noon on the Friday before the Monday trial date. If the Statement is not timely filed, the Court, at its option, may continue the trial or trail the trial while the parties complete a proper statement. Upon the Court s announcement a particular case will begin trial in Department C15, the lawyers shall deliver the following items to the clerk: Rev Page 1

2 All deposition transcripts to be used by the Court during trial, together with a buck slip or an envelope with postage for return of transcripts Two exhibit lists and two duplicate sets of tabbed exhibits in 3-ring binders. All exhibits are pre-marked for identification. Proposed jury instructions complying with Rule of the California Rules of Court and a jury instruction list Proposed verdict Witness list and an agreed Statement of The Case. Jury Selection This Court uses the six-pack method of jury selection to select (usually) 13 jurors, (usually) one, upon stipulation, will be randomly selected as an alternate at the end of the trial. Eighteen (18) potential jurors will be called randomly by the clerk and seated, 14 in the jury box and four (4) in front. In this paradigm, each distinct party will have seven peremptory challenges. The Court will conduct the initial questioning. If the jury trial is longer than five (5) days, the Court may increase the number of alternate jurors. When the Court has completed its questioning, the lawyers will question all 18 potential jurors for cause, subject to the following limitations: (1) no repetitive questioning; (2) no preconditioning of the jury; (3) no hypothetical verdicts. Upon passing for cause, the lawyers will exercise peremptory challenges against the 13 lowest numbered prospective jurors, alternating between the lawyers. When a prospective juror is excused, one of the prospective jurors seated outside the jury box will be selected at random to fill the empty seat, and the peremptory challenges will continue in that fashion until both sides accept the jury or there are only 12 jurors left. If that happens, six (6) additional jurors will be called and the process will continue with examination for cause of those jurors. Trial Counsel shall instruct their clients and witnesses to not discuss the case in the presence of jurors and to not engage in conversation with a juror until the case has been concluded. Counsel are responsible to communicate with their clients and witnesses pertinent in limine rulings so that inadmissible evidence is kept out. Although exhibits are pre-marked for identification, the first time an exhibit is referred to during trial, the lawyer mentioning it should identify the exhibit by number and give a brief description of the exhibit for the record. At the beginning of trial, the parties will be asked to stipulate in writing to the return of exhibits Rev Page 2

3 after trial. If so, at the end of the trial, each exhibit will be returned to the party who submitted it. The Court may pre-instruct the jury after jury selection is complete, using some or all of the CACI instructions The Court will select a time during the trial for the Court and the lawyers to discuss which instructions will be given at the end of trial. Six clean copies of the jury instructions will be sent into the jury room for use by the jury during deliberations. The lawyers must keep the clerk advised of their whereabouts during deliberations and are required to remain in the courthouse during those deliberations unless other arrangements are made with the Court. If counsel chooses to leave, the clerk will leave a message for counsel that the verdict will be read in 30 minutes, even if counsel has not arrived. Upon reading the verdict and discharge of the jury, counsel for the prevailing party will be instructed to prepare the judgment. The judgment must be prepared and served on opposing counsel for approval as to form and content and lodged with the clerk in Department C15 within one business day of reading of the verdict. It must include exact wording of the verdict. Conferences out of the presence of the jury may be conducted before 9:00 a.m. and after 4:30 p.m. The attorney calling a friendly witness on direct examination may approach that witness at the witness stand without leave of court. Do not hover over the court reporter. You may question witnesses from the podium or from counsel table. You may choose to sit or stand. Pictures, documents and other papers will not be handed to the jurors in the jury box for viewing prior to jury deliberations. Conferences at the bench or side-bar will normally be off the record. If any counsel wishes to place matters on the record, they may so request and the proceedings will be conducted in chambers at the next break or after 4:30 p.m. Jurors are permitted to submit questions to witnesses in writing, subject to prior review of Rev Page 3

4 the question by the Court in consultation with counsel. o Counsel should avoid unnecessary trial delay. o Leading questions are acceptable and encouraged at the relevant, foundational, non-controverted stages of evidence. o Objections cause delay and annoy jurors. Avoid unnecessary objections. All speaking objections will be overruled, regardless of merit. This Court expects to hear crisp, concise objections and will not reward a speaking objection by sustaining it. Counsel should reserve arguments on the law or the evidence to the end of the case. If necessary, counsel can request a side-bar conference on an objection. Counsel are free to discuss the case with jurors after trial with the juror s permission. Counsel must not criticize a juror for the verdict or reveal evidence which was not admitted at trial. Good advocacy requires that personality differences remain outside the courtroom unobserved by jury, Court, and staff. Courtesy to all is required. The Court will make every effort to cooperate with medical doctors or other expert witnesses whose time schedule is restricted. Except in extraordinary circumstances, they will be accommodated and may be called to testify out of order. Anticipate any such possibility and discuss it with opposing counsel. If there is objection, please confer with the Court in advance of calling the witness. Testimony to be read from depositions should be called to the attention of opposing counsel noting date of deposition and using page and line number. Thus, testimony may be read or objections may be raised without trial delay. We will attempt to net five hours of jury trial time per day. Breaks will be taken every hour. This Court disapproves of trial by ambush because it causes delay. If you have an evidentiary surprise that may require the jury be kept and wait outside, you are ordered to bring up the issue to the Court early enough so that the issue does not delay the trial. This Court is available for evidentiary conferences from 8:30 a.m. to 9:00 a.m. and 4:30 p.m. to 5:00 p.m. We can also meet earlier in the morning or late in the day by prior arrangement. If percipient witnesses are excluded under Evidence Code 777, neither counsel nor witnesses who have testified can inform future witnesses about the content of prior courtroom testimony. This Court will not exclude expert witnesses under 777. Rev Page 4

5 We have read and received copies of the Department C15 Trial Policies and Procedures. Rev Page 5