Judge Thomas McConville
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
All filings
- 1 copy • Upon Filing
Courtesy copies
- 1 copy • Before Jury Selection Concludes
- 1 copy • By 12pm Wednesday Before Trial
Ex Parte Motions
- Upon Filing
In Limine Motion, Opposition
- 1 copy • Hand Delivery • By 12pm Wednesday Before Trial
Communication
Phone
Clerk
Document Format Requirements8 rules
Evidentiary objections must comply with CRC 3.1354 format.
All written evidentiary objections submitted in connection with any law and motion matter and any proposed orders regarding the objections must strictly comply with the format set forth in CRC 3.1354.
Proposed orders and documents for signature must be in editable word-processing format.
All proposed orders submitted, or other documents submitted to the court for signature (e.g., proposed form of judgment), must be submitted in an editable word-processing format to enable the court to revise as necessary.
DOCX
Stipulations must be submitted as a single WORD document, with the judge's signature line not alone on the page.
All stipulations must be submitted as one document in WORD format to enable the court to make any modification to the order portion the court deems necessary. Please ensure the signature line for the judge is not the only item on the page as there must be
DOCX
In limine motions must have a number, party identity, and short description on the face page.
Each in limine motion shall be assigned a number, which must be set forth on the face page of the motion, along with the identity of the party bringing the motion and a short description of the motion (e.g., “Plaintiff’s Motion In Limine No. 1 to Exclude Reference to Plaintiff’s 2013 Theft Conviction”).
Jury instructions must comply with CRC 2.1055, be on separate pages, include CACI numbers/titles, and special instructions must include citations and explanations.
The format of the jury instructions must comply with CRC 2.1055. Each proposed jury instruction shall be on a separate page and shall not include a disposition table. Each CACI instruction (whether agreed upon or disputed) must include the CACI number and title at the top. Each special or modified CACI instruction shall state at the top of the page “Plaintiff’s [or Defendant’s] Special Instruction No. __” or “Plaintiff’s [or Defendant’s] Modified CACI Instruction No. __.” Special or Modified Instructions must include, at the bottom of the proposed instruction, citation to authority supporting the propriety of the instruction and a short explanation of why the special or modified instruction is necessary and appropriate. Substantively modified CACI instructions must specify exactly what has been modified.
Special or modified jury instructions must be submitted in Word format.
Special or modified instructions must be submitted to the Courtroom Clerk in Word format.
DOCX
Disputed verdict forms must be submitted to the Courtroom Clerk in Word format.
Both disputed verdict forms shall be submitted to the Courtroom Clerk in Word format.
DOCX
Exhibit binders must not exceed 3 inches in width and must have tabbed dividers with exhibit numbers.
No binder shall be wider than 3”. Each tab shall bear the corresponding exhibit number and shall be placed in front of the corresponding exhibit.
Document Filing Requirements6 rules
Ex parte applications must include a notice declaration, irreparable harm declaration, memorandum, and proposed order in Word format.
Ex parte applications must comply with CRC 3.1200 through 3.1207. Applications must be in writing and include all of the following: 1. A declaration setting forth details of the notice given to the opposing Party of the ex parte hearing and stating whether the application will be opposed; 2. A declaration, based on personal knowledge, describing the irreparable harm that will occur if the relief requested is not granted; 3. A concise memorandum of points and authorities in support of the application; and 4. A separate proposed order in Word format.
Document Type
Ex Parte Application
Requests for judicial notice must be in a separate document, attach copies, and specify legal basis.
All requests for judicial notice must be set forth in a separate document, must attach a copy of the document(s) of which notice is requested, and must specify (with appropriate legal citation) the legal basis on which judicial notice is sought.
Document Type
Request For Judicial Notice
Summary judgment declarations must be filed separately, not attached to the motion or memorandum.
Declarations filed in support of or in opposition to a motion for summary judgment and/or adjudication must be separately filed, i.e., not attached to or made part of the notice of motion and motion or the memorandum of points and authorities.
Document Type
Declaration
Summary judgment separate statements must comply with CRC 3.1350.
Separate statements must comply with CRC 3.1350.
Document Type
Separate Statement
Proposed Judgment must include the exact wording of the verdict.
After the verdict is read and the jury discharged, the prevailing Party shall prepare a Proposed Judgment, which must include the exact wording of the verdict.
Document Type
Proposed Judgment
Stipulations must be signed by all parties; proposed orders must have a static signature date.
All stipulations must be signed by all parties or their counsel. If parties submit a proposed order make certain the date associated with their signature is static.
Document Type
Stipulation
Filing & Service rules
Electronic Filing Rules
Ex parte applications must be filed electronically by 1:30 p.m. the day before the hearing.
Ex parte applications shall be filed electronically no later than 1:30 p.m. the day before the ex parte hearing; no courtesy copies are required to be delivered to the courtroom.
Page 1
Statement of Compliance must be e-filed and a courtesy copy provided as part of the trial notebook.
A Statement of Compliance and its required attachments shall be e-filed and a courtesy copy provided to the court as part of the court’s trial notebook.
Page 5 | V.D.2
Proposed preliminary instructions must be e-filed and a copy provided to the court before jury selection concludes.
If a Party believes any of these instructions is inappropriate or wishes the court to give additional preliminary instructions, that Party must advise the court, and e-file and provide the court a copy of the proposed preliminary instruction(s), before jury selection concludes.
Page 6 | V.G.4
Proposed Judgment must be e-filed within 7 calendar days of the verdict.
The Proposed Judgment must be e-filed, served on the opposing Party, and lodged with the court in Department C28 within seven (7) calendar days of the reading of the verdict.
Page 10 | O
MSC statements must be e-filed.
MSC statements must be e-filed; if properly identified in the e-filing as an MSC statement, the statement will be kept confidential.
Page 2 | II.F. Mandatory Settlement Conference (MSC)
Parties must e-file agreed-upon verdict forms.
If the Parties agree on the verdict form(s), they shall e-file the agreed-upon verdict form(s) and include a copy in the court’s trial notebook.
Page 7 | H. Verdict Forms
Parties must e-file a Notice of Lodging of Deposition Transcripts.
advise the court in writing – in an e-filed Notice of Lodging of Deposition Transcripts, with a courtesy copy provided to the court – if any of the deposition transcripts are unsigned.
Page 7 | K. Depositions
All factual stipulations must be e-filed.
All factual stipulations shall be in writing and shall be e-filed, with a copy included in the court’s trial notebook.
Page 7 | I. Factual Stipulations
Each party must e-file its proposed verdict form.
each side shall e-file its proposed verdict form(s) (titled “Plaintiff’s [Defendant’s] Proposed Verdict Form”), and both versions shall be included in the court’s trial notebook.
Page 7 | H. Verdict Forms
Parties must e-file a signed copy of the Procedural Stipulations form.
The Parties shall review the attached Procedural Stipulations form and e-file a single, signed copy of the form no later than 12:00 p.m. the Wednesday before trial, indicating those stipulations to which all Parties agree.
Page 7 | J. Procedural Stipulations
Parties must e-file a Joint Witness List.
The Parties shall e-file a Joint Witness List and include a copy in the court’s trial notebook no later than 12:00 p.m. the Wednesday before trial.
Page 7 | M. Witnesses
Joint Exhibit List must be e-filed.
The Joint Exhibit List shall be e-filed, with a copy included in the court’s trial notebook, no later than 12:00 p.m. the Wednesday before trial.
Page 8 | N. Exhibits
Filing Timing and Cure Windows
Oppositions to ex parte must be filed by 8:30 a.m. on the day of the hearing.
Oppositions, if any, must be filed by 8:30 a.m. the day of the ex parte hearing.
Page 1
Ex parte applications must be filed by 1:30 p.m. the day before the hearing.
Ex parte applications shall be filed electronically no later than 1:30 p.m. the day before the ex parte hearing; no courtesy copies are required to be delivered to the courtroom.
Page 1
Oppositions to ex parte applications must be e-filed by 8:30 a.m. on the hearing day.
Oppositions to ex parte applications must be e-filed no later than 8:30 a.m. the day of the hearing.
Page 3 | III.E
Ex parte supporting papers must be e-filed by 1:30 p.m. the business day before the hearing.
All papers in support of an ex parte application (including the proposed order) must be e-filed no later than 1:30 p.m. the business day before the ex parte hearing.
Page 3 | III.C
Motion dates reserved online; all motion papers must be filed within 24 hours of reservation, except summary judgment motions.
Motion dates must be reserved on the court website at www.occourts.org. All motion papers must be filed within 24 hours of the reservation, except for summary judgment motions.
Page 4 | IV.A
Proposed jury instructions must be e-filed by 12:00 p.m. the Wednesday before trial.
By 12:00 p.m. the Wednesday before trial, the Parties must (i) e-file and (ii) deliver separately to the Courtroom Clerk: (a) a full copy of the proposed jury instructions on which the Parties agree, as they propose them to be read to the jury, with no blanks or brackets; (b) a copy of the jury instructions (whether CACI or special instructions) Plaintiff proposes on which the Parties do not agree; and (c) a copy of the jury instructions (whether CACI or special instructions) Defendant proposes on which the Parties do not agree.
Page 6 | V.G.1
Objections to deposition designations must be e-filed by 12:00 p.m. on the Wednesday before trial.
Objections to the designations shall also be e-filed by that same time and date.
Page 7 | L. Deposition Designations
Procedural Stipulations must be e-filed by 12:00 p.m. on the Wednesday before trial.
The Parties shall review the attached Procedural Stipulations form and e-file a single, signed copy of the form no later than 12:00 p.m. the Wednesday before trial, indicating those stipulations to which all Parties agree.
Page 7 | J. Procedural Stipulations
Joint Witness List must be e-filed by 12:00 p.m. on the Wednesday before trial.
The Parties shall e-file a Joint Witness List and include a copy in the court’s trial notebook no later than 12:00 p.m. the Wednesday before trial.
Page 7 | M. Witnesses
Annotated deposition transcript must be submitted to the court by 12:00 p.m. on the Wednesday before trial.
Once both sides have annotated the transcript with their designations and counter-designations, the transcript shall be submitted to the court no later than 12:00 p.m. the Wednesday before trial.
Page 7 | L. Deposition Designations
Joint Exhibit List must be e-filed by 12:00 p.m. on the Wednesday before trial.
The Joint Exhibit List shall be e-filed, with a copy included in the court’s trial notebook, no later than 12:00 p.m. the Wednesday before trial.
Page 8 | N. Exhibits
Proposed Judgment must be lodged with the court within 7 calendar days of the verdict.
The Proposed Judgment must be e-filed, served on the opposing Party, and lodged with the court in Department C28 within seven (7) calendar days of the reading of the verdict.
Page 10 | O
Summary judgment motions are exempt from the 24-hour filing rule; papers need not be filed within 24 hours of reservation.
Motions for summary judgment and/or adjudication are not subject to the 24 hour filing rule (see ¶ IV.A. supra); consequently, a Party may reserve a hearing date for a motion for summary judgment and/or adjudication without filing all papers in support of the motion within 24 hours of making the reservation.
Page 4 | IV.G.1
Deposition transcripts must be lodged with the Courtroom Clerk on the day of trial.
On the day of trial, the Parties shall lodge with the Courtroom Clerk all deposition transcripts to be used in trial
Page 7 | K. Depositions
Exhibit binders must be provided to the Courtroom Clerk on the first day of trial.
Both exhibit binders shall be provided to the Courtroom Clerk on the first day of trial.
Page 8 | N. Exhibits
Service and Proof of Service Rules
Proposed Judgment must be served on opposing party within 7 calendar days.
The Proposed Judgment must be e-filed, served on the opposing Party, and lodged with the court in Department C28 within seven (7) calendar days of the reading of the verdict.
Page 10 | O
Courtesy Copy Requirements
Parties must jointly prepare a trial notebook as a courtesy copy, delivered by noon Wednesday before trial, containing specified documents double-sided and tabbed.
The Parties shall jointly prepare a trial notebook for the court. The trial notebook is a courtesy copy for the court's use; it does not absolve the Parties of the need to e-file all trial-related documents. The court's trial notebook shall be delivered to Department C28 no later than 12:00 p.m. the Wednesday before trial. The court's trial notebook shall contain the following double-sided documents, each separately tabbed: 1. Joint Statement of the Case; 2. Executed Statement of Compliance; 3. Joint List of Stipulated Facts; 4. Joint List of Controverted Issues; 5. Joint Exhibit List; 6. Joint Witness List;
Page 4 | V.C
A courtesy copy of the Statement of Compliance must be provided as part of the trial notebook.
A Statement of Compliance and its required attachments shall be e-filed and a courtesy copy provided to the court as part of the court’s trial notebook.
Page 5 | V.D.2
Courtesy copies of in limine motions and oppositions must be delivered to the Courtroom Clerk by 12:00 p.m. the Wednesday before trial, included in the trial notebook or separate binder.
Courtesy copies of the in limine motions (including oppositions) shall be included in the court’s trial notebook (see ¶ V.C. supra) and delivered to the Courtroom Clerk no later than 12:00 p.m. the Wednesday before trial.
Page 5 | V.E.3
A courtesy copy of proposed preliminary instructions must be provided to the court before jury selection concludes.
If a Party believes any of these instructions is inappropriate or wishes the court to give additional preliminary instructions, that Party must advise the court, and e-file and provide the court a copy of the proposed preliminary instruction(s), before jury selection concludes.
Page 6 | V.G.4
Courtesy copies of proposed jury instructions must be delivered to the Courtroom Clerk by 12:00 p.m. the Wednesday before trial.
By 12:00 p.m. the Wednesday before trial, the Parties must (i) e-file and (ii) deliver separately to the Courtroom Clerk: (a) a full copy of the proposed jury instructions on which the Parties agree, as they propose them to be read to the jury, with no blanks or brackets; (b) a copy of the jury instructions (whether CACI or special instructions) Plaintiff proposes on which the Parties do not agree; and (c) a copy of the jury instructions (whether CACI or special instructions) Defendant proposes on which the Parties do not agree.
Page 6 | V.G.1
If any deposition transcripts are unsigned, a courtesy copy of the Notice of Lodging must be provided to the court.
with a courtesy copy provided to the court – if any of the deposition transcripts are unsigned.
Page 7 | K. Depositions
No courtesy copies required for ex parte applications.
Ex parte applications shall be filed electronically no later than 1:30 p.m. the day before the ex parte hearing; no courtesy copies are required to be delivered to the courtroom.
Page 1
Sealing & Redaction Procedures
MSC statements will be kept confidential if identified in e-filing.
MSC statements must be e-filed; if properly identified in the e-filing as an MSC statement, the statement will be kept confidential.
Page 2 | II.F. Mandatory Settlement Conference (MSC)
Filing Bundling Requirements
In limine motions and oppositions must be bundled with the trial notebook or placed in a separate binder.
Courtesy copies of the in limine motions (including oppositions) shall be included in the court’s trial notebook (see ¶ V.C. supra) and delivered to the Courtroom Clerk no later than 12:00 p.m. the Wednesday before trial. If there are several in limine motions, they may be placed in a binder separate from the trial notebook and delivered to the Courtroom Clerk with the trial notebook.
Page 5 | V.E.3
If more than six exhibits, parties must prepare two sets of exhibits in 3-ring binders with tabbed dividers and provide them to the Courtroom Clerk on the first day of trial.
If there are more than six exhibits on the Joint Exhibit List, the Parties shall prepare two sets of exhibits – one for the witness stand and one for the court – and place them in 3-ring binders with tabbed number dividers. No binder shall be wider than 3”. Each tab shall bear the corresponding exhibit number and shall be placed in front of the corresponding exhibit. A copy of the Joint Exhibit List shall be placed in the front of each exhibit binder. Both exhibit binders shall be provided to the Courtroom Clerk on the first day of trial.
Page 8 | N. Exhibits
A copy of the Joint Witness List must be included in the court's trial notebook.
The Parties shall e-file a Joint Witness List and include a copy in the court’s trial notebook no later than 12:00 p.m. the Wednesday before trial.
Page 7 | M. Witnesses
Both proposed verdict forms must be included in the court's trial notebook.
both versions shall be included in the court’s trial notebook.
Page 7 | H. Verdict Forms
A copy of the Procedural Stipulations must be included in the court's trial notebook.
A copy also shall be included in the court’s trial notebook.
Page 7 | J. Procedural Stipulations
A copy of the agreed-upon verdict form must be included in the court's trial notebook.
If the Parties agree on the verdict form(s), they shall e-file the agreed-upon verdict form(s) and include a copy in the court’s trial notebook.
Page 7 | H. Verdict Forms
A copy of factual stipulations must be included in the court's trial notebook.
All factual stipulations shall be in writing and shall be e-filed, with a copy included in the court’s trial notebook.
Page 7 | I. Factual Stipulations
A copy of the Joint Exhibit List must be included in the court's trial notebook.
The Joint Exhibit List shall be e-filed, with a copy included in the court’s trial notebook, no later than 12:00 p.m. the Wednesday before trial.
Page 8 | N. Exhibits
Adjournment & Extension Requirements
Trial continuances require a proper showing of good cause.
Trial dates are firm. Trial continuances are disfavored and will be granted only on proper showing of good cause. See CRC 3.1332.
Page 2 | II.G. Trial Continuances
Chambers Communication Rules
Telephonic notice to the Courtroom Clerk is required by noon the day before an ex parte hearing.
Telephone notice to the Courtroom Clerk must be given by 12:00 p.m. the day before the ex parte hearing.
Page 3 | III.B