Please advise if the deadline to submit copies of my evidence I will use at trial, is 5 days before trial? Do I need to give the opposing party actual copies or just a list at this time?
Any information would be much appreciated. LA Superior Court civil trial. Thank you!
In Los Angeles Superior Court, the department will have trial rules regarding the exchange of witness and exhibit lists. Generally, if the documents or evidence have been requested in discovery, you need to have provided them in response to the discovery request. If they were requested and you did not produce them, you may be precluded from using the evidence at trial. If the evidence was not previously requested, then you should provide the evidence at the earliest opportunity, but in any event no later than required by the local court rules.
I assume you are not referring to discovery documents, and that documents have been produced and exchanged in connection with discovery requests.
The answer regarding deadlines will depend upon whether you are proceeding as a jury trial or bench trial.
For a jury trial, most judges in Los Angeles will expect a JOINT exhibit list either prior to or at the Final Status Conference. Prior to or on the date of trial, your exhibits should be placed in 3-ring binders. You'll need four sets, one for the judge, one for the witness, one for the opposing counsel and one for yourself.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
In regard to the exhibit list, check the local rules as well as "local local" rules - the rules of the department where the case will be tried. By the final status conference, it is advisable that you and the opposing side will have met and conferred and come up with the joint exhibit list. Some judges will want the parties to stipulate to the foundation and admissibility of the exhibits. If a party objects to the foundation or admissibility, the court may require you to state the basis of the objection (e.g., hearsay). Some judges will require you to "cull" the documents listed as exhibits. For example, instead of listing 500 pages of medical records from a hospital, the judge may require to select the pages you will actually use and Bates page them. Some judges will require multiple FSCs in order to finalize the exhibit list, witness list, jury instructions and other trial related issues. Again, check with the department for the court's requirements.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.