Plumas Superior Court Pre-Motion Conference Requirements

CRITICAL

A party may petition the Court for formal discovery only after exhausting informal means.

(c) Formal Discovery. Only after all informal means have been exhausted may a party petition the Court for discovery.

CRITICAL

A party may petition for formal discovery only after exhausting informal discovery means.

(c) Formal Discovery. Only after all informal means have been exhausted may a party petition the Court for discovery.

CRITICAL

Before any hearing, counsel and the parties must meet and confer in good faith to try to resolve all issues.

Prior to any hearing, counsel and the parties must meet and confer in good faith, in an effort to resolve all issues.

CRITICAL

Motions in Limine will be heard at the Readiness Conference.

All Motions in Limine will be heard at the time of the Readiness Conference.

CRITICAL

Unless the Court orders otherwise, it sets trial, Readiness Conference, and motion-related dates at arraignment; the Readiness Conference is 1 to 14 days before trial, and pretrial motions are set for hearing by that conference.

Unless otherwise ordered by the Court, at the arraignment the Court shall set the dates for: (a) the trial, giving priorities as required by law; (b) a Readiness Conference to be held 1 to 14 days prior to the trial date; (c) the filing and service of motions and responses and any hearing thereon. All pretrial motions will be set for hearing on or before the date set for the Readiness Conference.

CRITICAL

Before filing motions in limine, parties and counsel must meet and confer in good faith; merely exchanging letters is insufficient, and failure may result in summary denial.

The parties/counsel MUST meet and confer in good faith prior to filing the motions in limine in an attempt to reach a stipulation on the evidence and other evidentiary issues. A simple exchange of letters that identify the motions to be filed is not a good faith meet and confer. Failure to meet and confer in good faith may result in a summary denial of the motion.

CRITICAL

Before filing a motion in limine, the parties or counsel must comply with the statutory notice provisions of Code of Civil Procedure section 1005 and Local Rule 4.3.

Before filing motions in limine, the parties/counsel shall comply with the statutory notice provisions of Code of Civil Procedure section 1005 and Local Rule 4.3.

CRITICAL

Before any hearing, counsel and the parties must meet and confer in good faith to try to resolve all issues.

Prior to any hearing, counsel and the parties must meet and confer in good faith, in an effort to resolve all issues.

CRITICAL

Before a discovery motion hearing, counsel must meet and confer in good faith to resolve or narrow the disputed issues.

Counsel shall meet and confer in a good faith effort to resolve or narrow the disputed issues before the hearing of any discovery motion.

CRITICAL

A party or counsel seeking to file more than 10 motions in limine must contact the court to schedule a conference, which must occur before the filing deadline.

Any party/counsel seeking to file in excess of 10 motions in limine shall contact the court to schedule a Motions in Limine Conference before doing so. This conference must occur prior to the deadline for filing the motions.

CRITICAL

Litigants must exchange all documentary evidence they will rely on to prove a material fact while conferring or before then.

While conferring, or prior thereto, litigants must exchange all documentary evidence that is to be relied upon for proof of any material fact.

CRITICAL

Before seeking court enforcement of criminal discovery, a party must informally request the materials from opposing counsel; the request should be in writing, and failure to request may result in denial.

Before a party may seek court enforcement of any of the disclosures required by law, the party shall make an informal request of opposing counsel for the desired materials and information in the manner required by Penal Code 1054.5(b). Failure to make such request shall be grounds for denial of a discovery motion. Informal requests should be presented to opposing counsel in writing.

CRITICAL

A party seeking to file more than 10 motions in limine must contact the court to schedule a conference before filing, and the conference must occur before the filing deadline.

Any party/counsel seeking to file in excess of 10 motions in limine shall contact the court to schedule a Motions in Limine Conference before doing so. This conference must occur prior to the deadline for filing the motions.

CRITICAL

Before a party may seek Court enforcement of any of the disclosures required by law, the party shall make an informal request of opposing counsel for the desired materials and information in the manner required by Penal Code § 1054.5(b). Failure to make such request shall be grounds for denial of a discovery motion. Informal requests should be presented to opposing counsel in writing.

Before a party may seek Court enforcement of any of the disclosures required by law, the party shall make an informal request of opposing counsel for the desired materials and information in the manner required by Penal Code § 1054.5(b). Failure to make such request shall be grounds for denial of a discovery motion. Informal requests should be presented to opposing counsel in writing.

CRITICAL

Before filing motions in limine, the parties or counsel must meet and confer in good faith to try to stipulate on evidentiary issues.

The parties/counsel MUST meet and confer in good faith prior to filing the motions in limine in an attempt to reach a stipulation on the evidence and other evidentiary issues.

CRITICAL

Before filing a motion in limine, the parties or counsel must comply with the notice provisions of Code of Civil Procedure section 1005 and Local Rule 4.3.

Motions in Limine – Before filing motions in limine, the parties/counsel shall comply with the statutory notice provisions of Code of Civil Procedure section 1005 and Local Rule 4.3.

CRITICAL

Depositions, interrogatories, subpoenas of juvenile records, and similar civil discovery in dependency cases require Juvenile Court judge approval upon noticed motion.

Civil Discovery. In order to coordinate the logistics of discovery in dependency cases, there shall be no depositions, interrogatories, subpoenas of juvenile records or any other similar types of civil discovery without approval of a Judge of the Juvenile Court upon noticed motion.

CRITICAL

Before filing motions in limine, the parties must meet and confer in good faith; exchanging letters identifying proposed motions is insufficient, and failure to confer may result in summary denial.

The parties/counsel MUST meet and confer in good faith prior to filing the motions in limine in an attempt to reach a stipulation on the evidence and other evidentiary issues. A simple exchange of letters that identify the motions to be filed is not a good faith meet and confer. Failure to meet and confer in good faith may result in a summary denial of the motion.

CRITICAL

A settlement conference must be scheduled and held before every contested hearing unless the judicial officer setting the hearing deems it unnecessary.

A settlement conference shall be calendared and held prior to every contested hearing unless deemed unnecessary by the judicial officer setting the contested hearing.

CRITICAL

Before filing a motion, parties must meet and confer in good faith.

Prior to filing a motion parties must meet and confer in good faith and file a Declaration with the court detailing the efforts.

CRITICAL

A settlement conference must be calendared and held before every contested hearing unless the judicial officer setting the hearing deems it unnecessary.

(a) A Settlement Conference shall be calendared and held prior to every contested hearing unless deemed unnecessary by the judicial officer setting the contested hearing.

CRITICAL

All contested family law cases will be set for a settlement conference, and the parties and attorneys must attend.

All contested family law cases will be set for a settlement conference. The parties and the attorneys must be present at the conference.

CRITICAL

Before filing a motion, parties must meet and confer in good faith.

Prior to filing a motion parties must meet and confer in good faith and file a Declaration with the court detailing the efforts.

CRITICAL

A party may petition the Court for discovery only after exhausting all informal means.

Only after all informal means have been exhausted may a party petition the Court for discovery.

CRITICAL

Before a discovery motion hearing, counsel must meet and confer in good faith to resolve or narrow disputed issues.

Counsel shall meet and confer in a good faith effort to resolve or narrow the disputed issues before the hearing of any discovery motion.

CRITICAL

Before any hearing, counsel and the parties must meet and confer in good faith to try to resolve all issues.

Prior to any hearing, counsel and the parties must meet and confer in good faith, in an effort to resolve all issues.

CRITICAL

Discovery motions must focus on specific items that remain disputed after informal requests.

Motions for discovery shall be focused upon specific items which remain in dispute after presentation of informal requests.

CRITICAL

Depositions, interrogatories, subpoenas of juvenile records, and similar civil discovery in dependency cases require approval of a Juvenile Court Judge upon noticed motion.

(d) Civil Discovery. In order to coordinate the logistics of discovery in dependency cases, there shall be no depositions, interrogatories, subpoenas of juvenile records or any other similar types of civil discovery without approval of a Judge of the Juvenile Court upon noticed motion.

CRITICAL

All contested family law cases will be set for a settlement conference, and the parties and attorneys must attend.

All contested family law cases will be set for a settlement conference. The parties and the attorneys must be present at the conference.

CRITICAL

Before seeking court enforcement of required disclosures, a party must informally request the materials from opposing counsel as Penal Code section 1054.5(b) requires; failure to do so may result in denial of a discovery motion.

Before a party may seek court enforcement of any of the disclosures required by law, the party shall make an informal request of opposing counsel for the desired materials and information in the manner required by Penal Code section 1054.5(b). Failure to make such request shall be grounds for denial of a discovery motion.

WARNING

The making and timing of pretrial motions and oppositions in Superior Court are governed by applicable statutes, Rules of Court, and California Rule of Court 4.111.

(a) All statutory and Rules of Court procedure control, and the Court hereby incorporates by reference the requirements of California Rules of Court, Rule 4.111, pertaining to the making and timing of pretrial motions and opposition thereto, in Superior Court.

WARNING

Discovery motions must address specific items remaining in dispute after informal requests; boilerplate motions are disfavored, and counsel must meet and confer in good faith.

Motions for discovery shall be focused upon specific items which remain in dispute after presentation of informal requests. “Boilerplate” discovery motions are disfavored. Counsel shall meet and confer in a good faith

WARNING

The court expects counsel to attempt to resolve discovery differences before filing a motion and, if one is filed, again before the hearing.

Similarly, the court will expect counsel to attempt to resolve any differences prior to filing any motions and, if a motion is filed, prior to the hearing.

WARNING

Noncompliant motions in limine will not be considered unless good cause exists.

Noncompliant motions in limine will not be considered absent good cause.

WARNING

Boilerplate discovery motions are disfavored.

“Boilerplate” discovery motions are disfavored.

WARNING

The Court expects counsel to try to resolve discovery differences before filing a motion and, if a motion is filed, before the hearing.

Similarly, the Court will expect counsel to attempt to resolve any differences prior to filing any motions and, if a motion is filed, prior to the hearing.

WARNING

Informal discovery requests should be made to opposing counsel in writing.

Informal requests should be presented to opposing counsel in writing.

WARNING

The parties and counsel are strongly discouraged from filing more than five contested motions in limine.

The parties/counsel are strongly discouraged from filing more than 5 contested motions in limine.

WARNING

The court expects counsel to attempt to resolve differences before filing any motion and, if a motion is filed, before the hearing.

Similarly, the court will expect counsel to attempt to resolve any differences prior to filing any motions and, if a motion is filed, prior to the hearing.

WARNING

Failure to meet and confer in good faith may result in summary denial of a motion in limine.

Failure to meet and confer in good faith may result in a summary denial of the motion.

WARNING

The parties are strongly discouraged from filing more than five contested motions in limine and strongly encouraged to stipulate to uncontested motions.

The parties/counsel are strongly discouraged from filing more than 5 contested motions in limine. The parties/counsel are strongly encouraged to stipulate to uncontested motions.

WARNING

Most motions in limine will be heard on the first day of trial. Motions in limine are governed by the statutory notice requirements set forth in Code of Civil Procedure sections 1005(b) and 1013, and should be set with a hearing date of the final status conference.

Most motions in limine will be heard on the first day of trial. Motions in limine are governed by the statutory notice requirements set forth in Code of Civil Procedure sections 1005(b) and 1013, and should be set with a hearing date of the final status conference.

WARNING

Simply exchanging letters identifying proposed motions does not satisfy the good-faith meet-and-confer requirement.

A simple exchange of letters that identify the motions to be filed is not a good faith meet and confer.

WARNING

Most motions in limine will be heard on the first day of trial, remain subject to the cited statutory notice requirements, and should be set for hearing on the final status conference date.

Most motions in limine will be heard on the first day of trial. Motions in limine are governed by the statutory notice requirements set forth in Code of Civil Procedure sections 1005(b) and 1013 and should be set with a hearing date of the final status conference.

INFO

The parties and counsel are strongly encouraged to stipulate to uncontested motions in limine.

The parties/counsel are strongly encouraged to stipulate to uncontested motions.

INFO

The parties and counsel are strongly discouraged from filing more than five contested motions in limine.

The parties/counsel are strongly discouraged from filing more than 5 contested motions in limine.