Monterey Superior Court Pre-Motion Conference Requirements

A scheduled pretrial conference date may not be changed without approval from the assigned judge.

Once a case is set on the pre-trial conference calendar, it may not be changed without the approval of the judge before whom it is assigned.

All other pretrial and discovery motions must be resolved before a case reaches the jury trial readiness calendar.

All other pretrial and discovery motions must be heard prior to the jury trial readiness calendar (California Rules of Court, rule 4.112(b)).

A pretrial conference is mandatory in every criminal case in which the defendant has demanded a jury trial.

In order to reasonably predict the business of the court, anticipate assignments of judges, and to eliminate unnecessary inconvenience to parties, witnesses, and trial jurors, a pre-trial conference shall be held in every criminal case in which a trial by jury has been demanded.

In non-arrangement felony departments, the judge must set the pretrial conference date at arraignment and entry of plea.

The judge in each felony department, except the felony arraignment department, shall, at the time of arraignment and entry of plea, set the date for the pre-trial conference.

In Department 11 misdemeanor cases, the judge must set the pretrial conference date at arraignment and entry of plea.

The judge in Department 11 shall, at the time of arraignment and entry of plea in misdemeanor cases, set the date for the pre-trial conference.

An attorney must prepare for, attend, and participate in the pretrial conference unless good cause excuses an omission, which may otherwise result in contempt.

Any failure of an attorney to prepare for, appear at, or participate in, a pre-trial conference, unless good cause is shown for any such omission, is an unlawful interference with the proceedings of the court and may be punished as contempt.

Absent a contrary court order, opening, opposition, and reply memoranda must be filed at least 45, 25, and 15 calendar days before the hearing, respectively.

Unless otherwise ordered by the court, points and authorities prepared for a hearing on the merits of a writ petition shall be filed in accordance with the following schedule and page limits: The opening memorandum of points and authorities shall be filed at least 45 calendar days prior to the hearing date; the opposition memorandum shall be filed at least 25 calendar days prior to the hearing date; and the reply memorandum shall be filed at least 15 calendar days prior to the hearing.