Briefing Course : EDN Orange Binder & Trial Preparation
Source: TEP Video 2F
Date: July 7, 2024
Overview: This course provides instructions and guidance on utilizing the Eviction Defense Network’s (EDN) “orange binder” as a tool for tenants facing eviction in Los Angeles County. It emphasizes the importance of preparation, organization, and self-representation (with potential limited scope legal assistance from EDN). The course outlines the binder’s structure, content, and purpose, while stressing the need for tenants to be proactive, informed, and assertive in their defense.
Actionable Steps for Tenants:
- Obtain and organize the Orange Binder.
- Watch all relevant EDN videos (especially 2B, 2C, and 2E).
- Attend EDN classes and webinars regularly.
- Complete all forms accurately and thoroughly.
- Gather and organize all relevant evidence.
- Consult with EDN team via text string (PIP) for guidance.
- Be prepared to represent oneself in court if necessary.
- Understand the 16 factors to consider before making a move-out decision.
- Be aware of court deadlines and standing orders.
- Preserve the right to a jury trial.
Conclusion: The EDN Orange Binder and associated training materials aim to equip tenants with the knowledge and tools to navigate the eviction process effectively, even without guaranteed legal representation. The course emphasizes proactive preparation, organized presentation, and informed decision-making. This course is a crucial component of EDN’s strategy to empower tenants facing eviction in Los Angeles County.
Curriculum
- 1 Section
- 7 Lessons
- Lifetime
Expand all sectionsCollapse all sections
The Orange Binder, comprised of the trial binder (tabs 1-10) and the exhibit binder (tabs 101-125), is a comprehensive tool designed to prepare tenants facing eviction for court. It serves as a battle plan, a guide for the judge and jury explaining the case, and a personal guide for the tenant to navigate the eviction process. It demonstrates that the tenant is receiving help, is informed, and is prepared to fight the eviction, potentially discouraging unfair settlements.
The Orange Binder has three main sections:
Top Tabs: Used to organize general papers related to the case.
Trial Binder (Tabs 1-10): Contains essential legal documents and information necessary for the trial, such as the summons and complaint, answer, statement of the case, witness list, exhibit list, jury instructions, verdict form, motions in limine, and trial briefs.
Exhibit Binder (Tabs 101-125): Houses all the evidence the tenant will use to support their case, including photos, videos, texts, emails, letters, and notices. These exhibits must be organized and listed.
Follow the instructions provided in the EDN videos (particularly video 2F) and binder assembly class. This involves:
Placing specific documents behind the corresponding numbered tabs (1-10 for the trial binder, 101-125 for exhibits).
Using the "Delta 244" or "Plaintiff" tabs to organize court filings.
Keeping the summons and complaint, answer, and any exhibits related to these documents in their designated sections.
Ensuring all documents are neatly three-hole punched and placed in the binder to prevent jams during scanning.
The LA Civ 244 form (also known as the trial binder) is a form created by the Los Angeles court to help organize the trial binder. Fill out the short titles (landlord's last name versus your last name) and the case number on all 12 pages. Provide the full names of the parties, the landlord's law firm (if applicable), and the address from which you are being evicted. The rest of the form should be left as it is.
Think thoroughly about all defenses and denials related to the case. Identify individuals who can corroborate your side of the story – those who saw or heard relevant events. Include neighbors, witnesses to landlord abuse, and anyone present when important incidents occurred. Subpoena all witnesses, even those you believe may not come voluntarily. The witness list should include their names, a summary of their expected testimony, and estimated time for direct and cross-examination.
After receiving a summons and complaint, you should:
Watch video 2B to understand the documents and the process.
File an answer to the complaint.
Organize the summons and complaint, along with any related exhibits, in the Orange Binder.
Contact your EDN team immediately and send a picture of the first page of each document via your pip text string for guidance.
Attend EDN classes and webinars to learn about relevant laws, defenses, and procedures.
EDN provides support through videos, classes, law clerks, and attorneys. While full representation isn't guaranteed, EDN aims to provide legal assistance where possible. To access help:
Attend classes and workshops regularly.
Follow instructions and complete tasks independently.
Text your team daily at 10:00 a.m. via your text string to request Step 10 and Step 15 assistance.
If an attorney is available when your case is assigned to a trial judge, they may step into the trial.
If no attorney is available, rely on the classes and videos.
The standing order is an order issued by the presiding judge. The fifth amended standing order applies to cases in the Stanley Mosk Courthouse, and the fourth amended standing order applies to all other courthouses in LA County. The standing order outlines the rules for eviction cases and includes details regarding early meetings between parties and what you have to do to get ready for your first day of trial. Reviewing this document will help you prepare for your appearance.
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