Briefing Course : The Trial Notebook
Source: TEP Video 2F
Date: Mar 12, 2026
Overview
The Orange Binder, also referred to as a notebook, serves as a comprehensive “battle plan” and guide for tenants, judges, and juries during an eviction trial. It is structured into two primary components: the Trial Binder (Tabs 1–10) and the Exhibit Binder (Tabs 101–125). The binder’s organization is intended to signal to the court and opposing counsel that the tenant is well-prepared, has legal support, and cannot be easily pressured into a disadvantageous settlement. Beyond mere organization, the binder forces tenants to critically think through the landlord’s accusations and identify the legal defenses and evidence required to counter them.
Actionable Steps for Tenants
To effectively utilize the binder and prepare for court, tenants should follow these specific steps:
- Initial Setup and Organization:
- Complete the front sheet of the binder with the plaintiff’s name, defendant’s name, and case number; if names were misspelled in the original summons, they must be misspelled on the binder as well.
- Fill in the “short titles” (last names of both parties) and case numbers on all 12 pages of the LA Civ forms.
- Organize all evidence—including photos, videos, texts, emails, and notices—under tabs 101–125.
- Document Management:
- Place the Summons and Complaint behind Tab 1A and the Answer behind Tab 1B.
- Identify the operative notice (e.g., notice to pay rent or quit) and place the “Notice” tab directly in front of it within the complaint exhibits.
- Move non-essential papers like the “Notice of Case Assignment” or “Civil Case Cover Sheet” to the “Other Pleadings” tab to keep the main sections clean.
- Legal Protections and Fees:
- Verify that a jury trial has been demanded in the Answer or via a separate demand form.
- Ensure fee waivers (Forms FW-001, FW-002, and FW-003) are filed and stamped by the court, specifically checking boxes for jury fees and inspector/investigator fees.
- Read the Standing Orders (the “rules of the game”) provided with the summons to understand the specific requirements for your courthouse.
- Trial Preparation (Tabs 2–10):
- Witness List (Tab 3): List every possible witness, what they will testify about, and realistic time estimates for their testimony.
- Exhibit List (Tab 4): Create a list of the specific documents intended for use at trial; this list must be updated if any changes are made to the exhibit notebook.
- Jury Instructions (Tab 5) and Verdict Form (Tab 6): Use the provided templates and attend classes to help draft these documents, which define how the jury will evaluate the case.
- Ongoing Communication:
- Attend Tenant Empowerment (TEP) classes and webinars regularly to understand the “16 factors” of your case and negotiation strategies.
- Maintain daily communication with your legal team via text strings at 10:00 a.m. to report new documents or request “Step 10” and “Step 15” binder reviews.
Conclusion
The ultimate goal of the orange binder system is to empower tenants to be independent and trial-ready. By meticulously organizing evidence and following procedural requirements, tenants can negotiate from a position of strength or effectively present their case to a jury. Success in the program requires a commitment to being “a winner, not a whiner,” which involves watching the instructional videos, attending classes, and ensuring every document in the binder is accurate and court-stamped. Ultimately, the binder is designed to ensure that if a case does not settle on the tenant’s terms, they are prepared for a lawyer to potentially step in and represent them at trial.
Curriculum
- 1 Section
- 9 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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