Celebrating 10 years! 2007-2017

First trial in CA

What docs I need to file in CA state Court for trial?It is m meshuggah07/16/17
Crim? Civil? Family? Probate/estate? How much time do you ha vohod07/16/17
Crazy question, are you pro-se or an attorney? isthisit07/16/17
Motions in limine, exhibit list, witness list, trial brief, guyingorillasuit07/16/17
Gigs is correct. But you also might to check your specific j ipesq07/16/17
Meshuggah, you practice in L.A. County, don't you? I'm not s trickydick07/18/17
How long before the Final Status Conference I need to file m meshuggah09/08/17
http://www.lacourt.org/division/civ il/pdf/4thAmendedGerneral ambulancechaser201309/08/17
Is it a PI action ambulancechaser201309/08/17
No, it's employment. meshuggah09/08/17
whats the story you want to tell? defensivelawyer09/09/17
Plaintiff is a convicted felon. Conviction of perjury!He is meshuggah09/09/17
You'll be able to get his prior felony conviction admitted o guyingorillasuit09/09/17
Remember, do not argue in opening. Use the stilted but tried ambulancechaser201309/09/17
Let us know which courthouse Department 1 assigns you to. ambulancechaser201309/09/17
Or are you in an Independent Calendar courtroom ambulancechaser201309/09/17
your storytelling isnt clear. start again. tell me the story defensivelawyer09/09/17
His story is: plaintiff should lose, because he is he is a f guyingorillasuit09/09/17
I think he understands the burden of proof, I think we all d ambulancechaser201309/09/17
"Ladies and gentleman of jury, I first want to thank all of ambulancechaser201309/09/17
Also, put in what your witnesses will say. Always use, "t ambulancechaser201309/09/17
In terms of presence, I recommend the following: Please m ambulancechaser201309/09/17
Also when sitting on counsel table I was taught and recommen ambulancechaser201309/09/17
You ask for the judges permission to "transverse the well." ambulancechaser201309/09/17
what happened? a story isnt, my client never hired this defensivelawyer09/09/17
Sounds good. Solid raconteur abilities. This all needs to be ambulancechaser201309/09/17
Defensivelawyer, how many years have you been practicing? D ambulancechaser201309/09/17
21 years, criminal defense. the better storyteller often defensivelawyer09/09/17
Criminal law is where the trials are at. ambulancechaser201309/09/17
100 plus felony trials. more misdos. try telling the sto defensivelawyer09/09/17
Good man. I do that, too, before a trial. People come up wit guyingorillasuit09/10/17
thumbs up ambulancechaser201309/09/17
Great!!!Really appreciated!!!I have mediation on the 19, if meshuggah09/10/17
OP, please try to settle this case at the mediation, and the guyingorillasuit09/10/17
Great. We'll do!! Thanks meshuggah09/11/17
I read this and first thoughts are...this must be a Pro Se l cocolawyer09/22/17

meshuggah (Jul 16, 2017 - 2:55 pm)

What docs I need to file in CA state Court for trial?It is my first time. If there is a link with sample docs I would appreciate!

Thank you.

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vohod (Jul 16, 2017 - 5:19 pm)

Crim? Civil? Family? Probate/estate? How much time do you have?

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isthisit (Jul 16, 2017 - 5:50 pm)

Crazy question, are you pro-se or an attorney?

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guyingorillasuit (Jul 16, 2017 - 6:11 pm)

Motions in limine, exhibit list, witness list, trial brief, statement of the case, jury instructions (if a jury trial). Check your county's local rules for timing and other instructions.

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ipesq (Jul 16, 2017 - 7:45 pm)

Gigs is correct. But you also might to check your specific judge's trial procedures. They usually give it to you during the initial case setting conference. Some judges require a joint exhibit/witness/jury instruction list where the parties have to work together to submit the documents. Some judges also require a trial brief.

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trickydick (Jul 18, 2017 - 12:49 pm)

Meshuggah, you practice in L.A. County, don't you? I'm not sure what field of law you practice in but for the personal injury hub courts the supervising judge issued the basic requirements for a final status conference in a general order that's provided whenever you file a complaint.

http://www.lacourt.org/division/civil/CI0030.aspx

I imagine the requirements aren't that much different for litigation in L.A. across the board.

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meshuggah (Sep 8, 2017 - 3:16 pm)

How long before the Final Status Conference I need to file my witness list and exhibits list. Also where I can read about trial?

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ambulancechaser2013 (Sep 8, 2017 - 6:24 pm)

http://www.lacourt.org/division/civil/pdf/4thAmendedGerneralOrder-FSCPICourts_06102016.pdf

5 days

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ambulancechaser2013 (Sep 8, 2017 - 6:28 pm)

Is it a PI action

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meshuggah (Sep 8, 2017 - 8:21 pm)

No, it's employment.

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defensivelawyer (Sep 9, 2017 - 11:36 am)

whats the story you want to tell?

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meshuggah (Sep 9, 2017 - 2:52 pm)

Plaintiff is a convicted felon. Conviction of perjury!He is also a professional Plaintiff, hence he's claiming now wrongful termination etc. but he's been fired from his previous 5 jobs and has filed 5 workers' comp plus numerous small claims etc.In the present case he was never hired in order to be wrongfuly terminated as he claims. My opening statement sort of

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guyingorillasuit (Sep 9, 2017 - 3:40 pm)

You'll be able to get his prior felony conviction admitted on cross. I would at least watch a video or do an MCLE on cross-examination to prepare an effective cross.

I don't know what the rules are on getting his prior firings, comp claims, and small claims cases into evidence. You should find out before you go to trial.

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ambulancechaser2013 (Sep 9, 2017 - 3:47 pm)

Remember, do not argue in opening. Use the stilted but tried and true "the evidence will show..."

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ambulancechaser2013 (Sep 9, 2017 - 3:51 pm)

Let us know which courthouse Department 1 assigns you to.

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ambulancechaser2013 (Sep 9, 2017 - 3:53 pm)

Or are you in an Independent Calendar courtroom

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defensivelawyer (Sep 9, 2017 - 5:19 pm)

your storytelling isnt clear. start again. tell me the story...a good story....



then you can worry about what evidence you need.

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guyingorillasuit (Sep 9, 2017 - 6:38 pm)

His story is: plaintiff should lose, because he is he is a felon and highly litigious to boot. It should be part of the story, but hopefully not the whole story. I don't know if he understands the burden of proof in a civil case.

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ambulancechaser2013 (Sep 9, 2017 - 6:44 pm)

I think he understands the burden of proof, I think we all do, it's preponderance of evidence, meaning more likely than not. I do not believe though that he should sit on his laurels and tell the jury "I have to prove nothing and defendant did not prove his case."

I have not done an employment trial, but in P.I. I never concede even liability, I say that there was no causation, even if it's a rear ender, I say that the injuries and medical treatment are not caused by a low impact collision and show the property damage pictures if they are really minor.

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ambulancechaser2013 (Sep 9, 2017 - 7:21 pm)

"Ladies and gentleman of jury, I first want to thank all of you for being here today. It's an awesome responsibility to sit in judgment and it requires your time, effort and patience, and for that my client and I thank you."

"You are here today because that Plaintiff has decided to sue my client, _________ [employer.] The evidence will show that this entire lawsuit is a house of cards." (If there is no objection to this then you are off to a good start because you are kind of arguing here).

"The evidence will show that the plaintiff was never really hired by [employer]. There was no [insert the facts why he was not hired]. The evidence will also show that [employer] never [ insert facts why there was no wrongful termination]."

"You've just heard from the plaintiff's attorney, and he/she gave you his/her story. But here are the facts and they won't change one bit in the few days you and I have together. First, (insert first good fact why plaintiff loses that plaintiff cannot dispute). Second, (insert second best fact why plaintiff loses that plaintiff cannot dispute). And finally, third (insert third best fact why plaintiff loses that plantiff cannot dispute)."


CAUTION! CAUTION! The below should only be used if there was not a Motion in Limine to prevent the prior lawsuits and workers' comp claims from coming in AND if you think you can bring the evidence in. NEVER promise a jury something and NOT deliver.

"I'm sure all of you have had someone in your life tell you to "consider the source" when you hear something. When you were little someone may have picked on you at school, and your parents may have said consider the source, that person is just a bully and frustrated. (This is argument but you may get away with it). Well, you need to consider the source (You will totally get an objection to this so you may want to say: "The evidence will show that the plaintiff has been down this road before." He has been terminated from his prior employers and the evidence will show that he files lawsuits (I am not sure if you actually said he does this or just workers' comp claims as that if totally not the same thing) alleging wrongful termination. Consider the source.

All in all ladies and gentlemen, the evidence will show that that plaintiff cannot make his case. The evidence will show he cannot meet his burden of proof and at the conclusion of the evidence I will ask you to render the only just verdict, the only verdict that makes senses based on a the facts, and that is a verdict for my client. Thank you.

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ambulancechaser2013 (Sep 9, 2017 - 7:24 pm)

Also, put in what your witnesses will say.

Always use, "the evidence will show" It's a crutch and stilted but 2/3 times it will save you in opening. In closing you dispense with it and argue away all reasonable inferences.

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ambulancechaser2013 (Sep 9, 2017 - 7:37 pm)

In terms of presence, I recommend the following:

Please memorize your opening and closing. Do NOT read it. It looks like you are at an TV or movie audition and are not even a fourth rate actor. Memorize it.

At 8:30 a.m. when you are arguing your last MIL or whatever should or should not come in, be polite and ask the judge whether you have permission to just place the notes on the lecturn and that you ask permission to walk up and down the well and get close to the jury because you will not just use the lecturn.

Here is how I did my opening:

I typed it up, I then wrote it on note cards, then I read it 4 - 5 times. Then I memorized it by saying it about 3 to 4 times. The entire process took like 3 hours at least. Then one my way to Court I said it out loud in the car while I was driving.

I walk up and down the well, with my opening statement and my note cards on the lecturn.

Sure it takes a long time. But there is a 50-50 chance that the other attorney will just be reading his/her opening, which is the equivalent of him/her driving a Honda Civic and you having at least an Audi.

I do not believe you need a powerpoint for opening, only for closing.

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ambulancechaser2013 (Sep 9, 2017 - 7:42 pm)

Also when sitting on counsel table I was taught and recommend the following posture:

1. Sit up straight in your chair.
2. Lean back in your chair as it projects confidence.
3. Do not doddle on your yellow pad.
4. Take a few notes, mostly on what their witnesses said on direct, but not much.
5. Always stand up when making objections.
6. No speaking objections.
7. Say "thank you, your honor" even when the judge rules against you, it will minimize the fallout with the jury.
8. If you refer to the judge, I do not say "your honor will tell you" or "his honor will tell you" I say "As the court just said" or "as the court instructed the parties). This is a matter of preference, but I think it just sounds cleaner and more crisp.

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ambulancechaser2013 (Sep 9, 2017 - 7:58 pm)

You ask for the judges permission to "transverse the well." Use that term.

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defensivelawyer (Sep 9, 2017 - 8:45 pm)

what happened?

a story isnt, my client never hired this guy.

a,story might be, 6 months ago, my client was walking down the street, going to his place of business. he runs a small electronics business in alameda ca called mr. mikes electronics. its a small business, sells locally, small items, at reasonable prices.

a person who appeared to be homeless asked if he had any work he could do. at first, my client was afraid. he thought this might be a mugging, or an aggressive panhandler. the store wasnt in the best neighborhood. maybe you know the area by 3rd and main? yeah? its a rough place to make a go of it.

usually my client wouldnt engage with such a person on the street, because the world is a scary place. people will take advantage of you, in the streets, in business, and especially, sometimes through the court system.

however it was,almost christmas. so my client engaged in a conversation that normally he wouldve avoided. they chatted and shared the moment and the xmas spirit. theres something about dec and that time around jesus' birth that makes us a little more willing to talk to strangers. sometimes those connections are good for the spirit, the soul..

my client was not in a position to offer a job to this man, but he did offer the person now suing him 20$ to help unload a truck. thats it. thats the e,tent of their relationship.

he didnt even really need the help it was only about 15 minutes work.. the understanding was clear. it was just a little bit of cash for 15 minutes work, probably more than the work was worth. but it was christmas.

and that man sitting there, a convicted felon, a convicted felon who has sued before in all types of crazy claims, was already thinking, even as this bit of chismus generosity was being shown to him, how can i flip this into a lawsuit and soak my client out of a big pile of cash.

what lies can i spin?

how can i misrepresent this simple exchange to make it into a massive lawsuit?

etc etc.

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ambulancechaser2013 (Sep 9, 2017 - 9:06 pm)

Sounds good. Solid raconteur abilities. This all needs to be proven by witnesses.

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ambulancechaser2013 (Sep 9, 2017 - 9:23 pm)

Defensivelawyer, how many years have you been practicing? Do you practice ID?

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defensivelawyer (Sep 9, 2017 - 10:06 pm)

21 years, criminal defense.

the better storyteller often wins.

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ambulancechaser2013 (Sep 9, 2017 - 10:09 pm)

Criminal law is where the trials are at.

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defensivelawyer (Sep 9, 2017 - 10:37 pm)

100 plus felony trials.
more misdos.

try telling the story to friends or family.

make it engaging, emotionally true and easy to follow

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guyingorillasuit (Sep 10, 2017 - 1:07 am)

Good man. I do that, too, before a trial. People come up with questions I wouldn't have thought of, and now I have something else I need to fill in.

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ambulancechaser2013 (Sep 9, 2017 - 10:45 pm)

thumbs up

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meshuggah (Sep 10, 2017 - 7:45 pm)

Great!!!Really appreciated!!!I have mediation on the 19, if no aettlement I'll have the 20 to file all trial docs and 21 FSC, then trial.How in reality happens how you chose the jury etc no idea but will follow Plaintiff's attorney and just act I know how to do it๐Ÿ˜‚

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guyingorillasuit (Sep 10, 2017 - 10:18 pm)

OP, please try to settle this case at the mediation, and then start taking classes from these guys: http://www.nita.org/

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meshuggah (Sep 11, 2017 - 2:05 pm)

Great. We'll do!! Thanks

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cocolawyer (Sep 22, 2017 - 7:55 pm)

I read this and first thoughts are...this must be a Pro Se litigant. Each county has local rules, and each judge has their own particular quirks (what type of tabs for instance. That does not even go into what area of law. Civil litigation is a different world then Criminal. A bench trial is a different world from a jury trial.

I will say this...I tend to be the calm collected litigator. My area of law however was Family Law...everything is bench trial. The Judge generally knows the law, and doesn't need the emotional reactions.

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