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proceeding at issue, or a suitable substitute, including requests for jury instructions, motions for attorney’s fees, nonsuit, new trial, to dissolve preliminary injunction and a monetary sanctions hearing. (Id. at 707-708) Settled statements are not designed to recreate the entire trial transcript and it may be quite unrealistic to expect that trial courts have the resources to do so. (Cal. Rules of Court, rules 8.136, 8.137, 8.836, 8.837) Counsel are accustomed to paying for court reporters at depositions. Failure to ensure that a pro tem official reporter is present for hearings and trials may be penny wise and pound foolish. Consider how your client will react if he loses an appeal because you did not have a pro tem official reporter present for the hearing or trial. If there is any possibility that your client will want to appeal the court’s ruling on the issue taken up at the hearing or from the verdict at trial, and a transcript will be needed, retain a pro tem official reporter and consider sharing the cost with your opposing counsel. The homepage of the Los Angeles Superior Court Web site has a link to “Court Reporter Information.” (http:// www.lasuperiorcourt.org/courtreporter/ui/) Reporters on the approved list can be used without a stipulation of counsel. All others require a stipulation of counsel. The court must sign an order approving a pro tem official reporter for each hearing or trial. The court’s Web site has forms for order appointing court approved reporter as official reporter pro tempore (LACIV 237), a stipulation and order to use certified shorthand reporter (LACIV 236), as well as a court reporter directory. Counsel may wish to compare reporters’ rates and fees, as they may vary. Obtain the charges for appearance (hourly, half-day or full day), price per page for original and copy, and any extra charges, such as real-time reporting. Court reporters are regulated by the Court Reporters Board of California. Certain official or official pro tem official reporter fees are set by statute. (Gov. Code, §§ 69950-69954) Those fees are described on the Court Reporters Board
of California Web site: (www.courtreporters number of calendar events in each case, board.ca.gov/lawsregs/fees_protems.pdf) slow the pace of the litigation, and reduce Not all court reporters comply with the the number of pleadings and papers filed statutes setting maximum fees. In those by the bar. cases, the Court Reporters Board of At the Civil Courts Seminar on May California receives complaints. 3, 2013, the civil unlimited jurisdiction Many are accustomed to realcourt judges were providAs judges the medical insiders on yourdirect-calendar litigation team, time reporting during trial and final staed with suggestions and plans that will we deliver the cost-effective expertise you need reporting Real-time tus conferences. enable the court to function with reduced allows the to search the transcript resources. The suggestions and plans to judge unlock the secrets in the medical record,. and assists the wast court in ruling on objecincluded: Don’t your firm’s time. We free you up tions. Counsel may wish to obtain the • If a proof of service is not filed within to take on more cases. real-time transcript on laptops at counsel 60 days, set an order to show cause regarding dismissal for failure to serve table. theservices: summons and complaint after the from these case-winning Court’s Benefit inability to manage cases three year period to serve defendant, plus or investigate In Screen the transition from master cases calen- for merit 60 days for service. (Code Civ. Proc., §§ dar to direct calendar courts in the late 583.210, 583.250) Medical record summarization, translation and interpretation 1980s, the Legislature enacted • Do not set post-mediation status conferDeposition and interrogatory question preparation Government Code section 68607. That ences section Identifying provides that: and locating expert •witnesses Use informal discovery conferences to responsibility to coordination …judges shall have theMedical reduce motions to attendance compel Independent Exam and eliminate delay in the progress and • Handle discovery disputes by telephone And so much more! ultimate resolution of litigation, to • Order contentious depositions to the assume and maintain control of the jury room pace Call of litigation, to activelyyour manage In contentious cases, use discovery refus whenever caseload•includes: the processing of litigation from comerees Personal Injury mencement to disposition, and to com• On the day of trial, dismiss all defenProducts Medical Malpractice pel attorneys andLiability litigants to prepare dants as to whom default and default and resolve all litigation without delay, judgment has not been entered Workers’ Compensation Toxic Torts Criminal from the filing of the first document • Require in-person conferences to agree invoking court jurisdiction to final dison jury instructions and verdict forms 661.362.8333 position of the action. • Require joint agreed and disputed jury Effective management and control of instructions and a joint verdict form www.nutrisconsulting.com litigation requires adequate resources and • Require case authority in support of funding. The current level of funding is disputed special jury instructions not sufficient for the court to fulfill the • Set a mandatory settlement conference mandate of Government Code section within 30 days of trial 68607. • Curtail the hours that staff answers teleSupervising judges have advised phones direct-calendar civil judges that increased • Limit the number of cases on the calencaseloads and reduced staff will force the dar court, with reluctance, to reduce the Navigating continues AUGUST 2013
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