Orange — Local Rule 317

Source: https://www.occourts.org/system/files/localrule317.pdf

Rule 317. Pre-Trial Requirements A. Issue Conference An Issue Conference is required in all cases at least 14 days before the date set for trial, at which time the parties must meet and confer and exchange and/or sign as applicable the documents listed below. Plaintiff/Petitioner must arrange the Issue Conference at a mutually agreeable time and location.

At the Issue Conference the parties must:

1. Exchange exhibits and inspect photos and diagrams (to be submitted on the date of trial), excluding those that will be used only for impeachment or rebuttal.

2. Stipulate to all facts amenable to stipulation, and to the admission of and/or foundation for as many of the trial exhibits as possible.

3. Prepare a Joint Statement of the Case to be read to prospective jurors (Jury Trials only).

4. Prepare a Joint Witness List, excluding impeachment and rebuttal witnesses, with a brief description of who each witness is, and time estimates for the direct and cross-examination of each witness.

5. Prepare a Joint List of Controverted Issues for all issues that are to be determined by the Court rather than by a jury. If all the parties fail to agree that an issue is uncontroverted, then the issue should be listed as controverted.

6. Exchange all motions in limine.

7. Discuss any proposed voir dire questions for the Court to include in its voir dire (Jury Trials only).

8. Execute a Statement of Compliance.

The above items, including the Statement of Compliance signed by all counsel and self-represented parties, must be filed no later than noon of the Wednesday before trial.

At the discretion of the assigned judicial officer, a Pre-Trial Conference may be scheduled in lieu of

or in addition to the Issue Conference B. Joint Trial Notebook By noon on the Wednesday before trial, the parties must deliver to the clerk in the trial department, for the Court, a tabbed three-ring Joint Trial Notebook that contains all of the following items, if applicable. Separate notebooks must be used if any notebook will be more than 3” thick. The Trial Notebook is a courtesy copy for the Court’s use and does not relieve the parties of their obligation to electronically file all trial-related documents.

1. Table of Contents.

2. Copies of the operative pleadings (including the operative complaint, answers, cross-
complaints, if any, and answers to cross-complaints).

3. Joint Statement of the Case (Jury Trials only).

4. Joint Witness List, with the information set forth in Rule 317A(4), above. Two separate
   courtesy copies of the Joint Witness List must also be provided to the Clerk.

   5. Stipulations of fact, exhibit admissibility and/or foundation, or of anything else relevant
   to the trial.

   6. Joint List of Controverted Issues, as set forth in Rule 317A(5), above.

   7. Joint Exhibit List, with columns for indicating whether the exhibits have been marked
   and entered. Two separate courtesy copies also must be provided to the Clerk.

   8. Proposed Jury Instructions, including all stipulated instructions, non-stipulated
   instructions proposed by each party, and all proposed special instructions. A separate
   courtesy copy must also be provided separately to the Court. (Jury Trials only.)

   9. Proposed Verdict Forms (Jury Trials only).

   10. Any Trial Briefs.

   11. Any Proposed Voir Dire Questions for the Court to include in its voir dire (Jury Trials
   (issued 7/1/20) 3-13 only).

   12. Any motions in limine exchanged at the issue conference, along with all then-filed
   oppositions and replies thereto.

   C. Exhibit Notebooks; Motion in Limine Notebooks On the date set for trial, the parties also must bring with them:

   1. Two complete sets of Joint Exhibit Notebooks, not to exceed 3” each. The original set
   will be for the witness, pre-marked with Court Exhibit tags, and one set will be for the
   Court. Each exhibit must be marked with a discrete number and must be accurately
   identified on the Joint Exhibit List.

   2. For all opposed motions in limine, a separate notebook containing those Motions in
   Limine, grouping together all documents relevant to each motion in order (motion
   followed by opposition and any reply).

   Failure to conduct the Issue Conference, submit a Joint Trial Notebook, or comply with any other provisions of this rule as required may result in sanctions pursuant to Rule 381.

Rule 317 revised effective July 1, 2020