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) 622-5217
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 3.1200-3.1207. Ex Partes must be for
legitimate emergencies (See Ex Parte Policies and Procedures, posted on the
Courts website: www.occourts.org).
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
http://www.occourts.org/rulings/sanders.asp. 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 3.713. 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
3.1332(c).
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:
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
2.1055, 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
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
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
1 of 1 July 22, 2010
ATTACHMENT A
CONDUCT IN JURY TRIALS
The Honorable Glenda Sanders
C-17
1. 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.
ATTACHMENT B STATEMENT
OF COMPLIANCE
UNLIMITED CIVIL
ATTORNEY OR PARTY WITHOUT
ATTORNEY (NAME AND ADDRESS): FOR COURT USE ONLY
TELEPHONE NUMBER:
FAX NUMBER (OPTIONAL):
E-MAIL 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 92702-4045 CASE NUMBER:
CIVIL COMPLEX CENTER
751 W. SANTA ANA BLVD. SANTA ANA, CA 92701-4512
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE ASSIGNED TO:
JUDGE:
DEPARTMENT
DATE COMPLAINT FILED
HEARING/TRIAL DATE
STATEMENT OF COMPLIANCE
UNLIMITED CIVIL
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 www.occourts.org
CASE NUMBER:
CASE NAME:
COURT CLERK:
DEPARTMENT:
TYPE OF HEARING
ATTACHMENT C
JOINT EXHIBIT LIST
FOR COURT USE ONLY:
Exhibit # Description Stip. to
Authen. Stip. to
Admiss Objections Date marked for
identification Date Admitted
Exhibit # DESCRIPTION Stip. to
Authen. Stip. to
Admiss Objections Date marked for
identification Date
Admitted
Attachment D
Joint List of Anticipated Witness Trial Testimony
Witness Direct Examination
Time Estimate Cross Examination
Time Estimate Total Time
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
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31.
32.
ATTACHMENT E
PROCEDURAL STIPULATIONS
Case Number:
Case Name:
It is hereby stipulated by and between counsel Please initial boxes
for the respective parties in the above entitled action:
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
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.
Vs.
Alan Carlson, Executive Officer and Cler1<.
Ally/Party Introducing Sensitive Exhibit
Case No.
Vs.
Alan Carlson, Executive Officer and Clerk
By , De
NOTE:THIS ITEMIS A PERMANENT COURT RECORD. DO NOT REMOVE FROM THE COURTROOM
EXHIBIT NO.
0 ID only {Date)
0 IN EVIDENCE (Date)
By ,Deputy
NOTE: THIS ITEM IS A PERMANENT COURT RECORD. DO NOT REMOVE FROM THE COURTROOM
EXHIBIT NO. 0 ID only (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
Case No.
Vs.
Alan Carlson.Executive Officer and Cleric
.Deputy By
NOTE:THIS ITEM IS A PERMANENT COURT RECORD. DO NOT REMOVE FROM THE COURTROOM
Any/Party Introducing Sensitive Exhibit
Case No.
Vs.
Alan Ca son. Executive Officer and Clerk
By .Deputy
NOTE: THIS ITEMIS A PERMANENT COURT RECORD. DO NOT REMOVE FROM THE COURTROOM