Judge Benjamin P. Hernandez-Stern
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Exhibits, Exhibit List
- 3 copies • First Day Of Trial
Binding: Three Ring Binder
Large Files, Voluminous Documents
- Email • Upon Filing
Papers Filed Within 7 Calendar Days Of Hearing
- 1 copy • Email • Immediately Following Filing
Adjournments
- Trial continuance requests are strongly disfavored and must include a good cause showing plus a statement from each party that all experts, percipient witnesses, and principals will be available on the proposed trial date.
- Counsel must advise the Court well in advance if special circumstances require an adjustment to the five-day-per-week trial schedule.
Request must include
Communication
Chambers, Clerk
Phone
Chambers
Page & Word Limits1 rule
The quote is in the court's document. The summary is not checked yet.Mandatory?
The Court admonishes parties to keep their motions and corresponding briefs concise to facilitate the Court's handling of each respective motion in a timely and efficient manner. While opening and responding memorandums may be up to 15 pages long or reply and closing memorandums may be up to 10 pages long per CRC 3.1113(d), that does not mean the maximum page limit must be used.
Summary: Opening and responding memoranda may be up to 15 pages and reply/closing memoranda up to 10 pages per CRC 3.1113(d), though the Court admonishes parties to keep briefs concise.
Opening Or Responding Memorandum
15 pages
Reply Or Closing Memorandum
10 pages
Document Format Requirements2 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
The joint exhibit list should begin with the number 1 for plaintiff and a separate numerical block for defendant. Exhibits should be numbered and not designated by letters. Each exhibit must be identified separately and Bates stamped. Bulk exhibits (e.g., "plaintiffs medical records") will not be permitted. Each page of a multi-page exhibit must be consecutively paginated (e.g., exhibit 1 will be 1-1, 1-2, etc.).
Summary: Exhibits must be numbered (not lettered), Bates stamped, identified separately, organized with plaintiff starting at number 1 and a separate defendant numerical block, and multi-page exhibits consecutively paginated; bulk exhibits are not permitted.
The quote is in the court's document. The summary is not checked yet.Important?
Blow-ups of portions of exhibits will not be identified nor marked as a sub-part to the exhibit. Typically, a blow-up will not be admitted into evidence. The actual exhibits do not need to be submitted for the FSC.
Summary: Blow-ups of exhibit portions may not be marked as sub-parts and typically will not be admitted; the actual exhibits do not need to be submitted for the FSC.
Document Filing Requirements14 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
JOINT STATEMENT OF THE CASE – For jury trials, the parties shall prepare and file a joint written statement of the case for the Court to read to the jury. The Joint Statement of the Case should be brief and factual.
Summary: In jury trials, the parties must prepare and file a brief, factual joint written statement of the case for the Court to read to the jury.
Document Type
Joint Statement Of The Case
The quote is in the court's document. The summary is not checked yet.Mandatory?
JOINT WITNESS LIST – The parties shall prepare and file a joint witness list identifying all witnesses that each party intends to call, excluding impeachment and rebuttal witnesses. The joint witness list will identify each witness by name, specify which witnesses are experts, estimate the length of direct examination, cross-examination, and re-direct examination of each,
Summary: The parties must file a joint witness list identifying all intended witnesses (excluding impeachment and rebuttal), with each witness's name, expert status, and estimated direct, cross, and re-direct examination lengths.
Document Type
Joint Witness List
The quote is in the court's document. The summary is not checked yet.Mandatory?
Motions in Limine must be in writing, numbered, and shall be filed and served on opposing parties in accordance with Local Rule 3.25(f)(2). The motion must be accompanied by a declaration that includes, among other items, a representation that the motion has been discussed with opposing counsel. If not, the motion will be summarily denied. Boilerplate or form motions are disfavored.
Summary: Motions in Limine must be in writing, numbered, filed and served per Local Rule 3.25(f)(2), and accompanied by a declaration representing that the motion was discussed with opposing counsel, or the motion will be summarily denied; boilerplate or form motions are disfavored.
Document Type
Motion In Limine
The quote is in the court's document. The summary is not checked yet.Mandatory?
TRIAL BRIEFS – Trial Briefs are mandatory in all cases and must include: (1) a brief description of the facts and the claims and defenses presented and the issues to be decided; (2) the elements and burden of proof for each of the cause(s) of action; (3) a brief statement of ultimate facts or issues to which you will stipulate; (4) a list of major legal and evidentiary issues anticipated with succinct points and authorities supporting and defending the issues; (5) a brief statement of the relief claimed, including a succinct breakdown of the elements of damages claimed, and calculations of damages sought (do not hesitate to use bullet points); (6) a joint list of jury instructions; and (7) any further information the parties believe may assist the Court in ruling upon trial objections or matters that may arise during trial.
Summary: Trial briefs are mandatory in all cases and must include seven specified elements, including facts/issues, elements and burden of proof, stipulations, anticipated legal and evidentiary issues, relief and damages calculations, a joint list of jury instructions, and other helpful information.
Document Type
Trial Brief
The quote is in the court's document. The summary is not checked yet.Mandatory?
Prior to filing the joint exhibit list, the parties shall meet and confer to determine whether they will stipulate to the authenticity and/or admissibility of each exhibit or whether there are objections to any exhibit. If there are stipulations, the parties shall note that in the respective column. If not, the objecting party shall specify all objections in the respective column.
Summary: Parties must meet and confer before filing the joint exhibit list and note stipulations, or specify all objections, in the respective column.
Document Type
Joint Exhibit List
The quote is in the court's document. The summary is not checked yet.Mandatory?
The parties shall prepare and file a joint proposed general verdict form or special verdict form. The parties are urged to agree on a verdict form. If the parties cannot agree on a joint verdict form, each party must separately file a proposed verdict form.
Summary: Parties must file a joint proposed general or special verdict form; if they cannot agree, each party must separately file a proposed verdict form.
Document Type
Verdict Form
The quote is in the court's document. The summary is not checked yet.Mandatory?
The parties shall prepare and file a joint exhibit list organized with columns identifying: (1) the exhibit, (2) which party is offering the exhibit, (3) whether there is a stipulation to authenticity and/or admissibility of the exhibit, (4) the date on which the exhibit was identified, and (5) the date on which the exhibit was admitted.
Summary: Parties must file a joint exhibit list organized with columns identifying the exhibit, offering party, stipulation to authenticity/admissibility, date identified, and date admitted.
Document Type
Joint Exhibit List
The quote is in the court's document. The summary is not checked yet.Mandatory?
The parties must also supply an exhibit binder to each opposing party. Non-documentary exhibits shall be represented in the binder with a simple written description.
Summary: Parties must supply an exhibit binder to each opposing party, with non-documentary exhibits represented by a simple written description.
Document Type
Exhibit Binder
The quote is in the court's document. The summary is not checked yet.Mandatory?
The parties shall prepare and file a joint list of all jury instructions requested and a copy of all requested instructions fully filled out, organized in numerical order. Those instructions not agreed upon should be filed separately and the party making the request should be identified. Not later than two days before the conclusion of evidence, the Court will require the parties to meet and confer to create a final set of instructions.
Summary: Parties must file a joint list of requested jury instructions with fully completed copies in numerical order, file disputed instructions separately identifying the requesting party, and meet and confer on a final set no later than two days before the conclusion of evidence.
Document Type
Jury Instructions
The quote is in the court's document. The summary is not checked yet.Mandatory?
The Court will question the prospective jurors during voir dire. The parties shall prepare and file a joint list of questions to be asked by the Court. The parties will have an opportunity to independently question the prospective jurors following the Court’s questioning.
Summary: Parties must prepare and file a joint list of voir dire questions for the Court's questioning and may independently question prospective jurors afterward.
Document Type
Voir Dire Questions
The quote is in the court's document. The summary is not checked yet.Mandatory?
The parties shall prepare a tabbed Joint Trial Binder for the Court to include the above-described trial briefs; operative pleadings; motions in limine in numerical order with opposition and reply for each number; joint statement of the case; joint witness list; joint exhibit list; jury instructions; voir dire questions; and verdict form(s) separately tabbed.
Summary: Parties must prepare a tabbed Joint Trial Binder containing trial briefs, operative pleadings, motions in limine (with oppositions and replies), joint statement of the case, witness list, exhibit list, jury instructions, voir dire questions, and verdict forms, separately tabbed.
Document Type
Joint Trial Binder
The quote is in the court's document. The summary is not checked yet.Mandatory?
YOU MUST PROVIDE A COURT REPORTER FOR TRIAL (COURT AND JURY TRIAL) OR SUBMIT DAILY AGREED STATEMENTS / PROPOSED SETTLED STATEMENTS during a trial.
Summary: Parties must either provide a court reporter for court and jury trials or submit daily agreed statements/proposed settled statements during trial.
Document Type
Trial Record
The quote is in the court's document. The summary is not checked yet.Important?
Motions in Limine will be heard at the FSC. If more than one motion in limine is filed, each shall be numbered consecutively.
Summary: Motions in Limine will be heard at the FSC, and when more than one is filed, each must be numbered consecutively.
Document Type
Motion In Limine
The quote is in the court's document. The summary is not checked yet.Important?
Opposition papers shall include the number of the motion to which it responds.
Summary: Opposition papers to motions in limine must include the number of the motion they respond to.
Document Type
Opposition
Filing & Service rules
Electronic Filing Rules
All papers filed by represented litigants must be filed electronically unless the document is exempt from e-filing, per the operative General Order on Mandatory Electronic Filing for Civil.
All papers filed by represented litigants must be filed electronically, unless the document is exempt from e-filing. Please refer to the operative General Order – Mandatory Electronic filing for Civil.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | FILINGS
Filing Timing and Cure Windows
Written opposition to an ex parte application must be electronically filed by 8:30 a.m. on the day of the hearing.
Any written opposition to an ex parte application shall be electronically filed and e-served by 8:30 a.m. the day of the hearing.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | EX PARTE APPLICATIONS
Ex parte applications (heard Monday through Thursday at 8:30 a.m.) must be electronically filed by 10:00 a.m. the business day before the hearing.
Ex parte applications for Department 1 are heard MONDAY-THURSDAY at 8:30 a.m. Ex parte applications must comply with CRC 3.1200 et seq. and must be electronically filed by 10:00 a.m. the business day before the hearing and served by email on all parties who have appeared in the case.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | EX PARTE APPLICATIONS
Scheduling or participating in an IDC does not extend discovery motion filing deadlines, so the Court urges parties to stipulate to extend the deadline.
Scheduling or participating in an IDC does not extend any deadlines for filing discovery motions. Thus, the Court urges the parties to stipulate to extend the deadline to file the discovery motions to allow the parties to participate in the IDC and avoid the unnecessary filing of the discovery motions.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 3 | INFORMAL DISCOVERY CONFERENCES / MOTIONS TO COMPEL FURTHERS
A statement describing the parties' settlement efforts is due seven days before trial.
At the FSC, the Court will require the parties to provide the Court with information as to the efforts made by the parties to resolve the matter through settlement conference(s) and/or informal or formal mediation. A statement describing such efforts is due seven (7) days before trial.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 4 | FINAL STATUS CONFERENCE ORDER / TRIAL PROCEDURES
Parties must meet and confer at least 10 days before the FSC and serve and file the trial readiness documents at least 7 court days before the FSC.
For all court and jury trials proceeding in this courtroom, the parties are ordered to meet and confer at least ten (10) days before the FSC to exchange, discuss and prepare for submission to the Court the trial readiness documents. At least seven (7) court days before the FSC, the parties and counsel shall serve and file the following trial readiness documents:
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 4 | FINAL STATUS CONFERENCE ORDER / TRIAL PROCEDURES
Trial counsel must appear in person at the FSC; remote appearances require leave of court, and motions for leave to appear remotely are due seven days before the FSC.
The lawyer(s) designated to try the case must be present IN PERSON at the Final Status Conference (FSC). Remote appearances are not permitted, unless leave by Court is given. Motions for leave to remotely appear are due is due seven (7) days before the FSC.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 4 | FINAL STATUS CONFERENCE ORDER / TRIAL PROCEDURES
The Joint Trial Binder must be delivered to Department 1 seven court days before the Final Status Conference.
The Court’s Joint Trial Binder shall be delivered to Department 1 seven (7) court days before the FSC.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 6 | FINAL STATUS CONFERENCE ORDER / TRIAL PROCEDURES
If no court reporter is provided, counsel must submit agreed statements (CRC 8.836) or proposed statements (CRC 8.837) on the morning following each day of trial.
Should the parties not provide a court reporter, counsel will be required to provide agreed statements (CRC 8.836) or proposed statements (CRC 8.837) on the morning following each day of trial.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 8 | FINAL STATUS CONFERENCE ORDER / TRIAL PROCEDURES
Service and Proof of Service Rules
Written opposition to an ex parte application must be e-served by 8:30 a.m. on the day of the hearing.
Any written opposition to an ex parte application shall be electronically filed and e-served by 8:30 a.m. the day of the hearing.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | EX PARTE APPLICATIONS
Ex parte applications must be served by email on all parties who have appeared in the case.
Ex parte applications must comply with CRC 3.1200 et seq. and must be electronically filed by 10:00 a.m. the business day before the hearing and served by email on all parties who have appeared in the case.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | EX PARTE APPLICATIONS
Motions in Limine must be filed and served on opposing parties in accordance with LASC Local Rule 3.25(f)(2).
Motions in Limine must be in writing, numbered, and shall be filed and served on opposing parties in accordance with Local Rule 3.25(f)(2).
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 4 | FINAL STATUS CONFERENCE ORDER / TRIAL PROCEDURES
Filing Fees and Waivers
Jury fees must be paid daily, and a copy of the receipt must be given to the Judicial Assistant before trial commences each day.
Jury Fees must be paid on a daily basis. The Judicial Assistant will advise you how much is owed each day. Jury fees must be paid and a copy of the receipt given to the Judicial Assistant before the commencement of trial each day.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 8 | FINAL STATUS CONFERENCE ORDER / TRIAL PROCEDURES
Courtesy Copy Requirements
Papers filed within seven calendar days of a hearing require one courtesy conformed copy emailed directly to the courtroom (WCCDept1@lacourt.org) immediately after filing the original.
For any papers filed within seven (7) calendar days of a hearing, please send a courtesy conformed copy directly to the courtroom, via email to WCCDept1@lacourt.org, immediately following the filing of the original document.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | FILINGS
On the first day of trial, parties must provide three copies of all exhibits and the exhibit list in three 3-ring binders (one each for the Court, clerk, and witness stand).
On the first day of trial, please provide three copies of all exhibits and the exhibit list with columns for the clerk and the Court to use to indicate whether the exhibit is marked and admitted into evidence. Copies of all exhibits and the exhibit list shall be provided to the Court in three (3) 3-ring binders - one for the Court, the clerk, and a separate copy for the witness stand.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 5 | E. JOINT EXHIBIT LIST AND EXHIBITS
Boxes of documents must not be sent to the courtroom; large or voluminous files must be provided by emailing a secure-server download link with conformed electronic copies to WCCDept1@lacourt.org.
Please do not send boxes of documents to the courtroom. For large files and voluminous documents, please use a secure electronic server to send a download link containing conformed electronic copies of the applicable documents and files to WCCDept1@lacourt.org.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | FILINGS
Sealing & Redaction Procedures
Unredacted versions of documents filed with the Court must be emailed directly to WCC-Dept1@lacourt.org.
For unredacted copies of documents filed with the Court, please email them directly to WCC-Dept1@lacourt.org.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | FILINGS
Filing Bundling Requirements
Parties with substantially similar or logically related motions may contact the Judicial Assistant or Courtroom Assistant to arrange for the motions to be heard on the same date.
If motions are to be filed that are substantially similar or logically should be heard on the same date (such as similar demurrers by multiple defendants or multiple discovery motions filed by the same party), parties may contact the Judicial Assistant or the Courtroom Assistant to arrange hearings on the same date.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 2
Pre-Motion Conference Requirements
Parties must reserve a motion hearing date via the online Court Reservation System (CRS) at lacourt.org before filing any motion papers, except ex parte motions.
Parties are required to obtain and reserve a motion hearing date via the online Court Reservation System (CRS) on the Los Angeles Superior Court website. Go to "LA Court Online, Court Reservation System" at http://www.lacourt.org to reserve a date before filing any motion papers (except ex parte motions).
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 2
Parties must meet and confer in person, by telephone, or by video conference before filing any motion, and the Court may continue the hearing if they did not.
Parties are required to meet and confer in person, by telephone, or by video conference before filing any motion. The Court may elect to continue a hearing on a motion where the parties have not met and conferred in advance.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 2
Discovery motions will not be heard until an IDC is conducted; except for good cause, motions filed before an IDC are continued until after the IDC.
No motion to compel further discovery, or the other above-described discovery motions will be heard until an IDC is conducted so do not wait until the deadline to attempt to meet and confer. Except for good cause, motions filed before an IDC is conducted will be continued until after the IDC, which the parties should schedule as soon as possible after the dispute emerges.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 3 | INFORMAL DISCOVERY CONFERENCES / MOTIONS TO COMPEL FURTHERS
Before filing a motion to compel further discovery or other discovery motions, counsel must meet and confer in good faith and, if unresolved, request an Informal Discovery Conference by filing form LACIV 094.
Should the parties wish to file a motion to compel further responses to discovery, or other discovery motions regarding depositions or subpoenas, at any time during the pendency of this case, counsel must first meet and confer in good faith either in person, telephonically or by video conference. If the parties are unable to resolve their discovery disputes, the Court requests that counsel schedule an Informal Discovery Conference (IDC). Counsel must request an IDC by filing form LACIV 094 – Informal Discovery Conference and the responding counsel may file an Answer using the same form.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 3 | INFORMAL DISCOVERY CONFERENCES / MOTIONS TO COMPEL FURTHERS
Adjournment & Extension Requirements
Trial continuance requests are strongly disfavored and must include a good cause showing plus a statement from each party that all experts, percipient witnesses, and principals will be available on the proposed trial date.
Requests for a trial continuance are strongly disfavored. Any request for a trial continuance must include the requisite showing of good cause, as well as a statement from each party that the proposed trial date is a date upon which all experts, percipient witnesses and principals will be available.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 3 | REQUESTS FOR A TRIAL CONTINUANCE
Counsel must advise the Court well in advance if special circumstances require an adjustment to the five-day-per-week trial schedule.
Trials will be conducted five (5) days per week unless otherwise ordered and will convene promptly at the times previously set. Counsel should advise the Court well in advance if special circumstances require an adjustment to this schedule.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 7 | FINAL STATUS CONFERENCE ORDER / TRIAL PROCEDURES
Chambers Communication Rules
A moving party who will not proceed with a motion or renders it moot must immediately notify courtroom staff by telephone, notify opposing counsel/party, and cancel or postpone the CRS reservation.
If a party does not intend to proceed with a motion or intends to render a motion moot (e.g., filing an amended complaint in response to a demurrer), the moving party must immediately notify the courtroom staff by telephone, notify opposing counsel/party, AND cancel the reservation or postpone it through CRS. See CRC, Rule 3.1304(b).
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 3
Parties may not contact courtroom staff to ask whether a tentative ruling will be issued; tentatives are normally posted the afternoon before the hearing.
The Court may issue a tentative ruling before a motion hearing. Please do not contact the courtroom staff to ask if a tentative ruling will be issued.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 2 | TENTATIVE RULINGS
If opposing counsel declines to stipulate to extend the discovery motion deadline and the deadline is forthcoming, counsel should call the courtroom to reserve a hearing date.
If opposing counsel declines to stipulate to extend the deadline to file a discovery motion and the deadline is forthcoming, counsel should call the courtroom to reserve a hearing date and allow for the filing of the discovery motion.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 3 | INFORMAL DISCOVERY CONFERENCES / MOTIONS TO COMPEL FURTHERS
The Verdict Form must also be emailed to the clerk at WCCDept1@lacourt.org in MS Word format.
Please also submit the Verdict Form to the clerk via email (WCCDept1@lacourt.org) in MS Word format.
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 5 | H. JOINT VERDICT FORMS
Department 1's courtroom email address is WCCDept1@lacourt.org, which is used for courtesy conformed copies, large-file download links, and unredacted copies of filed documents.
EMAIL: WCCDept1@lacourt.org
The quote is in the court's document. The summary is not checked yet. · Civil cases
Page 1 | COURTROOM INFORMATION