SUPERIOR COURT OF CALIFORNIA, ORANGE COUNTY DEPARTMENT C17 LAW AND MOTION AND TRIAL PROCEDURES JUDGE GLENDA SANDERS

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1 SUPERIOR COURT OF CALIFORNIA, ORANGE COUNTY DEPARTMENT C17 LAW AND MOTION AND TRIAL PROCEDURES JUDGE GLENDA SANDERS CLERK: DELIA SANCHEZ COURTROOM ATTENDANT: DANIELLE DUNNING REPORTER: DARCI LAKIN COURTROOM TEL. #: (657) Welcome to the Department C17- General Civil Calendar. To facilitate the progress of your case and assure its timely disposition, the Court has set forth the following rules and procedures. I. GENERAL CALENDAR A. Ex Parte matters heard Monday through Friday at 1:30 p.m. Please read California Rules of Court, Rules Ex Partes must be for legitimate emergencies (See Ex Parte Policies and Procedures, posted on the Courts website: The nature of the alleged irreparable harm must be succinctly stated in the first paragraph of the Notice of Motion. B. Law and Motion Every Friday at 1:30 p.m. Please file and serve all motions in accordance with the Rules of Court. C. Tentative Rulings The Court will generally post tentative rulings on the internet and outside the courtroom by 12 p.m. on the day of the calendared motion date. Tentative rulings may be obtained by visiting the court website at If there is no appearance at the hearing, or the parties have stipulated to the Tentative, the Tentative will become the Final Ruling. The prevailing party shall give notice of the ruling. D. Continuances The Court strictly adheres to all Trial Court Delay Reduction Act time limitations. CRC Rule Trial dates are firm and continuances are disfavored. Any request whether by motion, application or stipulation, must demonstrate good cause as that is defined in the California Rules of Court, Rule (c).

2 E. MSCs every Friday at 8:30 a.m. There must be strict compliance with Local Rule 316. F. Jury and Court trials Initial trial call is set for Mondays at 8:30 a.m. Once trial commences, the schedule is Monday, Tuesday and Wednesday 9:15 a.m. to 4:30 p.m. and half day Thursday sessions. Juries may deliberate on Thursday afternoons and/or Fridays, depending n the Court s calendar. G. Case Management Conferences, O.S.C s, A.D.R Review Hearings, and Status Conferences are heard Mondays at 8:30 a.m. II. ISSUES CONFERENCES This Court permits the Issues Conference to be conducted by "phone and fax." There must however be full compliance with Rule 317 of the OCSC PLEASE READ IT. See Attachment B hereto (Statement of Compliance with OCSC Rule 317) III. TRIAL PROCEDURES A. FINAL STATUS CONFERENCE: If the matter does not settle at the MSC then, at the conclusion of the MSC, the Court will set a Final Status Conference to take place at 8:30 a.m. on the Thursday before the trial date. The purpose of this conference is to ensure that the parties have complied with OCSC Rule 317 and that they are ready to file, in proper form, all the documents they are required to file under OCSC Rule 317 by noon the next day. B. FILING OF TRIAL DOCUMENTS: A Statement of Compliance and its required attachments, motions in limine and oppositions (if any) shall be filed with the courtroom clerk in Department C17 in accordance with OCSC Rule 317 by noon on the Friday before trial. Please provide one original and one 3 hole-punched copy, in a binder, of all of these documents for the Court. C. IN LIMINE MOTIONS: Please avoid overbroad, general motions, such as those asking the court to exclude all inadmissible evidence or all settlement discussions. In limine motions must be exchanged at the Issues Conference. Oppositions (both an original and a 3 hole- punched copy, in a binder, for the Court) must be exchanged by noon on the Friday before trial in accordance with OCSC Rule 317. The motions in limine must be numbered on the face page of the motion. For example, Plaintiffs MIL No. 1. Please file an original and a 3-hole-punched copy, in a binder, of each motion and any opposition. If there are several motions in limine, please prepare an Index. D. VOIR DIRE: This Court uses the six-pack method of jury selection. In all jury trials the following rules and procedures are followed:

3 1. In accordance with the Standards of Judicial Administration, Standard 3.25(c), the Court will normally conduct the initial voir dire of prospective jurors using applicable questions contained in these standards. 2. Counsel is then permitted fifteen (18) minutes of voir dire in conformance with the Standards of Judicial Administration for the first eighteen jurors seated, and about 2-5 minutes for voir dire of each set of newly seated prospective jurors depending on the number of such jurors. For a description of voir dire improper questions, see Standards of Judicial Administration, Standard 3.25(f). E. JURY INSTRUCTIONS AND VERDICT FORMS: Counsel must deliver proposed jury instructions complying with California Rule of Court, Rule , a list of jury instructions, and proposed verdict forms to the clerk on the first morning of trial. F. EXHIBITS 1. Careful attention should be given to exhibits and the Exhibit List. At the Issues Conference or at some other time BEFORE the Trial Readiness Conference counsel must agree to an exhibit marking system. For example, numbers 1 through 50 may be allocated to plaintiff s exhibits and numbers 51 through 100 to defendant s exhibits. The parties must then prepare a JOINT Exhibit List. Only numbers should be used. Each and every document comprising any particular numbered exhibit must be marked using a number or letter system. For Example, if Exhibit 1 is a copy of several medical records produced by a treating physician, each piece of paper comprising those records must be Bates stamped or given some other identifying number (1.1, 1.2, 1.3) or letter (1a, 1b, 1c) so that the individual documents comprising the exhibit may be properly identified on the record. Copies of the Exhibit List must be made for the Court, the clerk, the reporter and each attorney. 2. If there are more than 10 exhibits, and to the extent exhibits are standard size and not too bulky, they must be placed in 3-ring binders with tabbed dividers. Each tab should bear the corresponding exhibit number. The original exhibits and the Exhibit List, must be given to the clerk on the 1st day of the trial and the original exhibits will remain on the witness stand. The exhibits in the witness

4 binders will be the Original exhibits. Another set of such binders must be prepared for the Court. 3. IMPORTANT: By the time of the Final Status Conference counsel MUST have met and conferred concerning the admissibility of exhibits. Counsel must consider each exhibit and determine whether there is any genuine dispute as to its authenticity and/or admissibility. This process may minimize the amount of time spent at trial in the laying of foundations. 4. If you plan to use a video exhibit, videotaped depositions, or an overhead projector, the Courtroom Attendant should be advised at the earliest opportunity. With sufficient notice, evidence presentation equipment is usually available. Absent good cause, the trial will not be delayed because a party is not able to operate equipment in the Courtroom. 5. Exhibits should be moved into evidence once proper foundation has been laid with the witness. Do not wait until the end of your case to move admission of exhibits into evidence all at once. Absent Stipulation or Court order do not publish any exhibit to the jury until it has been admitted. 6. If you anticipate any problems with exhibits, consult with the clerk before trial. Please make copies of Exhibit tags located on the last page of this set of Policies and Procedures. Use the tags to mark the Original Exhibits to be placed in the witness binders. Each Original Exhibit must have a Court exhibit tag attached. Mark the document itself with the exhibit number as well. 7. Lodge all deposition transcripts with the Court. Condensed versions are preferred but not mandatory. G. WITNESSES 1. Scheduling: On the first day of trial, in preparation for the Pre Trial Conference, counsel must submit a Joint Witness List to the Court with an estimate of the total time they anticipate will be needed for the testimony of each witness. See Attachment D hereto. The Court expects witnesses to be stacked up and ready to testify. Delays will not be entertained for unavailable witnesses absent good cause. 2. If Counsel intends to use documents other than exhibits previously marked for identification with the clerk counsel must avoid delay by arranging for prior review by all counsel of such documents and marking them as an

5 exhibit, if necessary, during the time Court is not in session. Likewise, sufficient copies of impeachment documents must be available for distribution immediately prior to their use with the witness whom the examiner seeks to impeach. H. OPENING STATEMENT AND CLOSING ARGUMENT 1. Opening statement is limited to 30 minutes. 2. Unless the Court states otherwise, closing argument is limited to 45 minutes I. THE JURY S TIME We must respect the jury s time. If you anticipate an issue will need to be dealt with outside the presence of the jurors, please inform the Court in sufficient time so that the Court can order the jury back at an accurate time. See Attachments: A. Conduct in Jury Trials B. Statement of Compliance C. Joint Exhibit List D. Joint Witness Trial List E. Procedural Stipulations F. Exhibit Tags

6 ATTACHMENT A CONDUCT IN JURY TRIALS The Honorable Glenda Sanders C Attorneys are to advise their witnesses of rulings that will apply to their testimony. 2. Do not make speaking objections. Simply state the Objection and the legal grounds. If you wish to argue about a ruling it will be done either at bench off the record, or on the record outside the presence of the jury at a break. 3. Except for appropriate transitional comments, do not make any editorial comments prior to posing a question. (For example, We have heard about the defendant s negligent driving, did you see him change lanes without signaling? ) 4. Except for voir dire, opening and closing, do not address the jury directly. Ask the Court to do so on your behalf. If you have concerns about the jurors comfort, inform the Court of those concerns outside the presence of the jury. 5. Stipulations must be reduced to writing. 6. Sidebars will be kept to a minimum. Ensure that anticipated objections are dealt with in limine or otherwise outside the presence of jury. 7. Challenges for cause and all motions will be discussed at sidebar or otherwise outside the presence of the jury. Generally side bars will not be on the record. Counsel can make their record later at a break to ensure jurors are not kept waiting by lengthy side bars. 8. Attorneys are to speak from behind the counsel table or lectern unless the court has given permission to approach a witness. 9. The Court will conduct a Pretrial Conference on the scheduled trial date, at which the following issues, among others, will be discussed: jury selection, unusual evidentiary or instruction issues, scheduling, witness problems, summary of expected facts and defenses, pretrial motions. 1 of 1 July 22, 2010

7 ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE NUMBER: FAX NUMBER (OPTIONAL): ATTACHMENT B STATEMENT OF COMPLIANCE UNLIMITED CIVIL FOR COURT USE ONLY ADDRESS (OPTIONAL): ATTORNEY FOR (NAMES): BAR NO: SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER 700 CIVIC CENTER DRIVE WEST. SANTA ANA, CA CIVIL COMPLEX CENTER 751 W. SANTA ANA BLVD. SANTA ANA, CA PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: STATEMENT OF COMPLIANCE UNLIMITED CIVIL CASE NUMBER: CASE ASSIGNED TO: JUDGE: DEPARTMENT DATE COMPLAINT FILED HEARING/TRIAL DATE This Statement of Compliance shall be 0065ecuted by all counsel and filed with the court clerk in the department o f the judge to whom the case has been assigned for trial. 1. Counsel has inspected all exhibits and diagrams and the exhibits are ready for pre-marking by the clerk. All stipulations as to admission into evidence or waiver of foundation are submitted with the exhibit(s). 2. Pretrial motions have been exchanged by all parties. 3. If trial is by jury, proposed jury instructions, proposed special findings and/or general verdict and/or special verdicts will be exchanged before the commencement of trial. 4. Joint Statement of the case and joint witness list has been prepared for submission to the court as required.** 5. Counsel has prepared a joint list of controverted issues. ** 6. All counsel have prepared a list of stipulated facts and made a good faith effort to stipulate to as many documents, waiver of foundational requirements, etc, as reasonably possible. ** 7. Each party agrees that once the trial commences, witnesses shall be available to utilize to the fullest extent possible every trial day. 8. Parties have agreed on a division of jury fees (if applicable) and reporter fees, which are due each day before trial commences. Signature of Attorney Attorney for Plf/Def/X-Compl/X-Def Name of Party Date Signature of Attorney Attorney for Plf/Def/X-Compl/X-Def Name of Party Date Signature of Attorney Attorney for Plf/Def/X-Compl/X-Def Name of Party Date Signature of Attorney Attorney for Plf/Def/X-Compl/X-Def Name of Party Date ** Please attach to this Statement of Compliance: Joint Statement of Case, Joint Witness List, Stipulated Facts, Requested Voir Dire Questions and List of Controverted Issues. STATEMENT OF COMPLIANCE Approved for Optional Use L-C081 (Rev. July 1, 2009) Superior Court of Orange County, rule 317

8 CASE NUMBER: CASE NAME: COURT CLERK: DEPARTMENT: ATTACHMENT C JOINT EXHIBIT LIST FOR COURT USE ONLY: TYPE OF HEARING Exhibit # Description Stip. to Authen. Stip. to Admiss Objections Date marked for identification Date Admitted

9 Exhibit # DESCRIPTION Stip. to Authen. Stip. to Admiss Objections Date marked for identification Date Admitted

10 Attachment D Joint List of Anticipated Witness Trial Testimony Witness Direct Examination Time Estimate Cross Examination Time Estimate Total Time

11 ATTACHMENT E PROCEDURAL STIPULATIONS Case Number: Case Name: It is hereby stipulated by and between counsel for the respective parties in the above entitled action: Please initial boxes Counsel for Plaintiff Counsel for Defendant 1. That the jury instructions and the Exhibits may go into the jury room during deliberations 2. That counsel and the parties need not be present when, during jury deliberations, the jurors are excused for recesses, return from recesses and/or are discharged in the evening and resume in the morning. 3. That, during jury deliberations, the jury may recess without further admonition and without assembling in the jury box, and that they may resume their deliberations upon the determination that all jurors are present. 4. That in the absence of the trial judge, the verdict may be received by any judge of this court. 5. That unless called to the court s attention, all jurors shall be deemed to be in the jury box and in their proper places upon court reconvening after each recess or adjournment. 6. That after giving the admonition required by Code of Civil Procedures section 611, the court need not repeat or remind the jury of the admonition at each subsequent recess or adjournment; 7. That upon order of the court, all exhibits will be returned to counsel after the trial is completed, for safekeeping until the time for appeal has expired. 8. That at the conclusion of the trial, all juror questionnaires, if any, may be destroyed. 9. Counsel stipulate that jury voir dire and the Court s reading of the jury instructions to the jury need not be reported by the Court Reporter. 10. Counsel stipulate to the return of all depositions lodged when the verdict or decision has been rendered unless otherwise ordered by the Court. 11. Counsel stipulate that copies of the exhibits may be used in lieu of originals. X C o u n s e l f o r P la in t if f D a t e X C o u n s e l f o r D e f e n d a n t D a t e

12 ATTACHMENT F EXHIBIT TAGS EXHIBIT NO. 0 ID only (Date) 0 IN EVIDENCE {Date) EXHIBIT NO. 0ID only (Date) 0 IN EVIDENCE (Date) 0 Plaintfif/People 0 Petitioner 0(0ther) 0 Defendant 0 Respondent 0 Joint 0 Court 0 Plaintiff/People 0 Petitioner 0 (0ther) 0 Defendant 0 Joint 0 Respondent 0 Court Ally/PartyIntroducing Sensnive Exhibit Case No. Ally/Party Introducing Sensitive Exhibit Case No. Vs. Vs. Alan Carlson, Executive Officer and Cler1<. By, De Alan Carlson, Executive Officer and Clerk By,Deputy NOTE:THIS ITEMIS A PERMANENT COURT RECORD. DO NOT REMOVE FROM THE COURTROOM NOTE: THIS ITEM IS A PERMANENT COURT RECORD. DO NOT REMOVE FROM THE COURTROOM EXHIBIT NO. 0 ID only {Date) EXHIBIT NO. 0 ID only (Date) 0 IN EVIDENCE (Date) 0 IN EVI DENCE (Date) 0 Piaintiff/People 0 Petitioner 0(0ther) 0Defendant 0 Respondent 0 Joint 0 Court 0 Plaintiff/People 0 Petitioner Q(Other) 0Defendant 0 Respondent 0 Joint 0 Court Atty/PartyIntroducing Sensitive Exhibit Any/Party Introducing Sensitive Exhibit Case No. Case No. Vs. Vs. Alan Carlson.Executive Officer and Cleric By.Deputy Alan Ca son. Executive Officer and Clerk By.Deputy NOTE:THIS ITEM IS A PERMANENT COURT RECORD. DO NOT REMOVE FROM THE COURTROOM NOTE: THIS ITEMIS A PERMANENT COURT RECORD. DO NOT REMOVE FROM THE COURTROOM