FAQ

1. What is the purpose of the Orange Binder provided by the Eviction Defense Network (EDN)?

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.

2. What are the main components of the Orange Binder, and what does each section contain?

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.

3. How should I organize the documents within the Orange Binder?

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.

4. What is the significance of the LA Civ 244 form, and how should I use it?

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.

5. How do I determine which witnesses to include in my witness list, and how should I prepare them for trial?

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.

6. What are the key steps to take after being served with a summons and complaint, according to EDN?

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.

7. What is the role of EDN attorneys and law clerks, and how can I access their assistance?

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.

8. What is the standing order, and why is it important?

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.