Judge Arthur Hester
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Deposition Transcript
Court-wide- 1 copy • Hand Delivery • On First Day Of Trial
Witness List, Exhibit List, Exhibits, Judicial Notice Request, Motion In Limine, Opposition, Trial Brief, Stipulation, Jury Instructions, Verdict Form
Court-wide- 1 copy
Adjournments
- Requests to excuse attendance at the MSC must be presented at least 10 days before the MSC, supported by a declaration with specified content, and served on all parties.
Communication
Clerk
Phone
Chambers
Phone
Clerk
Phone
Clerk
Phone
Clerk
Page & Word Limits3 rules
The explanation of past efforts to resolve the case in a Voluntary Settlement Conference joint request is limited to 2 pages.
A detailed explanation of the party's past efforts to resolve the case, if any, no more than 2 pages in length.
Settlement Conference Request
2 pages
The position description in a Voluntary Settlement Conference joint request is limited to 5 pages per side.
A brief description of each party's position on the disputed issues in the litigation, which should be no more than 5 pages per side.
Settlement Conference Request
5 pages
The informal discovery conference request is limited to 1.5 pages per side for the disputed discovery issues and 1.5 pages for the meet-and-confer explanation.
The specific discovery issues to be resolved broken down categorically (by type and nature of information sought), with a brief description of each party’s position on the disputed issue, no more than 1.5 pages per side. A detailed explanation of the party’s efforts to meet and confer and resolve all disputed issues, no more than 1.5 pages.
Idc Request
Document Format Requirements4 rules
Remote participants must use the Zoom download/PC/laptop/tablet with a video camera and fast internet instead of the web-based version of the program.
It will not be sufficient for counsel and self-represented parties to use the web-based version of this program as it has substantially reduced functionality. For more information on this program, or to test the program visit https://learn-zoom.us/show-me. All counsel and self-represented parties must use use a PC, laptop, or large tablet for the video portions of the hearing. All participants must have access to a video camera, whether native to the PC, laptop, or tablet being used, or attached for the purpose of the hearing. All participants must also have a high-speed internet connection sufficient to stream the video on Zoom throughout the court proceedings, without intermission.
Updated Case Management Statements must be submitted on pleading paper, not the JCC CM-110 form, which is for initial statements only.
Any party ordered to submit an updated Statement shall do so using pleading paper, not the JCC CM-110 form that should be used for initial statements only.
All motions in limine must be numbered consecutively.
All motions in limine shall be numbered consecutively.
Parties presenting evidence at trial must create a dedicated desktop evidence folder containing all PDF-formatted trial exhibits, separately saved and labeled, plus any impeachment exhibits and depositions.
Counsel and self-represented parties that will be presenting evidence create a dedicated evidence file-folder and save it to their desktop for easy access. This folder should include all PDF formatted Trial Exhibits, separately saved and labeled, any impeachment exhibits, and any depositions that may be shown to the Court or jury [if applicable].
Document Filing Requirements14 rules
Failure to file a timely written response (declaration) to an Order to Show Cause may be deemed an admission of no meritorious grounds to oppose, and the Court may vacate the hearing and enter orders, including sanctions.
Local Rule 3116 further provides that “failure to file a timely declaration [may] constitute an admission by the responding party that there are no meritorious grounds on which to oppose the action that is the subject of the Order to Show Cause. In that event, the Court may vacate the hearing and issue any order consistent with that admission.” In other words, failure to respond in writing to the OSC may result in the Court vacating the hearing on the OSC and making orders in chambers, including orders imposing sanctions on parties and counsel.
Document Type
Osc Response
A joint request for a Voluntary Settlement Conference must contain all listed items (position descriptions, past-efforts explanation, certifications, contact information, format preference, proposed dates, and Local Form RI-C1028), and failure to include any results in denial.
The joint request should contain ALL of the following information: • A brief description of each party's position on the disputed issues in the litigation, which should be no more than 5 pages per side. • A detailed explanation of the party's past efforts to resolve the case, if any, no more than 2 pages in length. • A certification by each counsel that parties necessary to the resolution of this matter, including parties, party representatives, insurance adjusters, and the like, will participate in the Settlement Conference telephonically or by video. • Contact information for all counsel/self-represented parties, including email address and telephone number. • The joint request should specify whether the parties would like the conference to be conducted via conference call or video. • Three proposed dates and times during which all counsel will be available for a Settlement Conference with the Court. • A fully executed copy of Local Form RI-C1028... Failure to include any of the above information in the request will result in the request being denied.
Document Type
Settlement Conference Request
Motions in limine must be sufficiently specific; generic motions that simply enforce general legal principles will be summarily denied.
Motions in limine should be sufficiently specific to allow the Court to make an enforceable order with respect to particular evidence. ... these types of generic motions are improper and will be summarily denied.
Document Type
Motion In Limine
All trial exhibits must be lodged in a joint exhibit binder by 4:00 p.m. 7 days before trial, subject to court order, or they risk exclusion from evidence.
all exhibits (including demonstratives) the parties intend to offer at trial must be included in a jointly-prepared exhibit binder lodged with the court by 4:00 p.m. 7 days prior to the date of trial, absent an order from the Court to the contrary. Exhibits not included in the joint binder, with the exception of those offered solely for impeachment, will be excluded from evidence.
Document Type
Exhibit Binder
Parties without a fee waiver may arrange a privately retained reporter and must file form RI-RE003 or RI-RE005 at least 5 days before the hearing.
For parties without a fee waiver, the Court's policy governing Privately Retained Court Reporters provides that where no official court reporter is available the parties may arrange, at their own expense, for a reporter. Per this policy, parties must file with the Court at least 5 days prior to any hearing either: (1) local form RI-RE003 (Court-Approved List of Official Reporters Pro Tempore); or (2) Local form RI-RE005 (stipulation to a court reporter that is not on the Court-Approved list).
Document Type
Court Reporter Request
Fee-waived parties in unlimited civil cases may request an official court reporter by submitting form FW-020 at least 10 calendar days before the hearing.
In unlimited civil cases a party who has received a fee waiver may request an official court reporter by submitting Judicial Council form FW-020 at least 10 calendar days prior to a trial or hearing, subject to availability.
Document Type
Court Reporter Request
The trial setting conference declaration must address three available trial dates, bench/jury request and trial length, jury fee stipulation, virtual trial request, and ADR participation.
Three available dates for trial, beginning on a Friday at 8:30 a.m., within approximately 6 months of the Trial Setting Conference, if the Court has available trial dates within that timeframe. Trial dates are "firm" so parties should take care in selecting mutually agreeable dates. ... Whether parties are requesting a bench or jury trial, and the length of the anticipated trial in hours, if possible. ... If parties have timely paid jury fees they should address whether they wish to stipulate to a panel consisting of fewer than 12 jurors (Cal. Const, art. 1, § 16) or to an "expedited" jury trial under Code of Civil Procedure section 630.01 et seq. ... If the parties are requesting a virtual trial. ... Whether the parties have participated, or will be participating, in some form of alternative dispute resolution.
Document Type
Trial Setting Conference Declaration
An approved privately-retained reporter may appear at a continued hearing without a new order, but if unavailable a new form RI-RE003 or RI-RE005 naming the replacement reporter must be timely filed.
If the Court issues an order approving appointment of a privately-retained reporter for a particular hearing and the hearing is subsequently continued, the approved reporter may appear and report at the continued hearing without the need for a further order. If the approved reporter is not available on the continued hearing date, a new form RI-RE003 or RI-RE005 must be timely filed naming the replacement reporter.
Document Type
Form RI RE003 Or RI RE005
A stipulation and order requesting video appearance at a law and motion hearing must be signed by all moving and opposing parties to the motion.
A stipulation requesting a video appearance must be signed by ALL moving and opposing parties to the motion
Document Type
Stipulation
Each motion in limine must include a summary of the moving party’s efforts to meet and confer on that specific motion.
Counsel well filing motions of the court must include in each a motion of the summary of efforts to meet and confer on that line of action.
Document Type
Motion In Limine
The Court directs that no motion in a limine on the enumerated topics is necessary, including insurance, settlement, mediation, wealth, prior litigation, trial attendance, attorney’s fees, and bifurcation—the Court has already ordered the interrogating of a specific punitive damage.
It is also unnecessary to bring motions in limine to address any of the following issues: (1) Whether a party is now or was formerly insured against any type of loss or liability. (2) Except as permitted by Civil Code section 3333.1 (collateral benefits medical malpractice) ... any insurance benefits received by the plaintiff. (3) The retention of any counsel by an insurance company. (4) Settlement negotiations, mediation efforts, statements made during or concerning those events, or documents prepared for or during those events. (5) The existence or existence terms of any settlement agreements reached with other parties, or payments made pursuant to those settlements. (6) Unless punitive damages are being sought, the income, wealth, or financial condition of any of the parties. (7) Any other past or current litigation involving, or claims by or against the parties. However, an expert witness may be examined regarding number of cases in which the expert has been consulted. (8) Whether the party or a party’s representative was present or absent during a trial or portion, except that counsel may argue significance of a failure to testify. (9) Any party’s attorney’s fees or other litigation expenses, except where those are an element of damages. The as a matter of course remains the punitive damages shall be bifurcated so that the motion for the first of a limine is not required.
Document Type
Motion In Limine
A witness exclusion stipulation and order must be signed by all potential witnesses under penalty of perjury and include an attestation that each witness understands the Court's exclusion order, subject to contempt penalties of up to $1000 or 5 days in jail per violation; alternatively, witnesses may appear on the first day of trial for oral exclusion orders.
If submitting such a stipulation and order to the Court, counsel should have the stipulation signed by all potential witnesses in the case under penalty of perjury. The stipulation should require each witness to attest that they understand that the Court has ordered, and will abide by the order, precluding them from viewing or listening to any part of the trial or discussing the case, or any aspect of the case, with any other potential witnesses in the trial, upon pain of contempt, which carries with it a fine of up to $1000 per violation or up to 5 days in jail for each violation.
Document Type
Witness Exclusion Stipulation
The parties may stipulate orally at the hearing to appear via video for ex parte matters or motions set on fewer than 5 days' notice, without a written filing.
The parties may stipulate orally at the hearing to appear via video for ex parte matters or motions set on fewer than 5 days’ notice.
Document Type
Stipulation
Discovery issues resolved at an informal discovery conference must be memorialized in a stipulation or other agreement, and the Court does not provide court reporters for IDCs.
The Court notes that if the parties are able to resolve any discovery issues at the IDC, their resolution will need to be memorialized in a stipulation or other agreement as the Court does not provide court reporters for IDCs.
Document Type
Stipulation
Filing & Service rules
Filing Timing and Cure Windows
The Case Management Statement must be filed at least 10 days before the case management conference.
The Case Management Statement shall be filed at least 10 days prior to the case management conference.
Page 3 | Case Management Rules
Counsel and self-represented parties must meet and confer and file a declaration at least 10 days before the trial setting conference.
In advance of any trial setting conference, counsel and self-represented parties are ordered to meet and confer in person, by telephone, or by video, and to prepare and file a declaration at least 10 days in advance of the trial setting conference addressing all of the following:
Page 3 | Case Management Rules
A written response to an Order to Show Cause must be filed at least 5 days before the hearing.
Counsel and self-represented litigants must comply with Local Rule 3116, which provides that a written response to any OSC be filed with the Court at least 5 days in advance of the hearing
Page 4 | Case Management Rules
Parties selected for the First Friday Settlement Conference must contact the settlement conference officer within 10 days to schedule the virtual conference.
Parties will be ordered to contact the settlement conference officer within 10 days to schedule a virtual settlement conference, which conference will be conducted over video or telephonic media, depending on arrangements made directly with the settlement officer.
Page 8 | 9. Alternative Dispute Resolution - C. First Friday Settlement Conference Program
Parties must complete the First Friday settlement conference by a date certain; failure to do so (or to contact the officer) results in an Order to Show Cause re sanctions of up to $1500 jointly and severally.
Parties will also be ordered to complete the settlement conference by a date certain. Failure to contact the settlement officer or complete the settlement conference by the specified completion date will result in an Order to Show Cause re sanctions and sanctions of up to $1500 may issue jointly and severally as against counsel and parties.
Page 8 | 9. Alternative Dispute Resolution - C. First Friday Settlement Conference Program
Plaintiffs, cross-complainants, and plaintiffs in intervention must send written settlement demands no later than 24 days before the MSC.
Not later than 24 days before the MSC, the plaintiffs shall send written settlement demands to each defendant with whom the plaintiffs have not yet reached a settlement, describing both the amount of the demand and the manner in which it was calculated. By the same date, every cross-complainant, and every plaintiff in intervention that is seeking affirmative relief, shall send such written ===== PAGE 10 ===== settlement demands to each and every cross-defendant and defendant in intervention with whom they have not
Page 9 | D. Mandatory Settlement Conference
Defendants and cross-defendants must respond in writing to settlement demands no later than 7 days before the MSC.
Not later than 7 days before the MSC, every defendant and cross- defendant who received a settlement demand in accordance with the prior paragraph shall send a written response to that demand to the party that sent that demand. If the response includes a settlement offer, the response shall state both the amount of the offer and the manner in which it was
Page 10 | D. Mandatory Settlement Conference
Relief from a jury-fee forfeiture must be requested by a noticed motion heard at least 21 days before the first trial date.
Any request for relief from a forfeiture of the right to a jury trial must be brought in the form of a noticed motion to be heard no later than 21 days before the date first set for trial.
Page 1 | A.
Motions in limine must be filed on or before 4:00 p.m., 15 days before trial.
Motions in limine shall be filed with the court and served so opposing counsel receives the same on or before 4:00 p.m. 15 days prior to the date of trial.
Page 1 | B.I.
Oppositions to motions in limine must be filed by 4:00 p.m., at least 10 days before the date of trial.
Oppositions to all motions in limine shall be filed with the court and served so opposing counsel receives them by 4:00 p.m. at least 10 days prior to the date of trial.
Page 1 | B.I.
All parties must check in at least 15 minutes before each trial appearance and confirm their remote video/audio works; technical problems that are otherwise flat can result in the trial proceeding without them.
All counsel and self who are parties must check-in at least 15 minutes in advance of any appearance at trial and must ensure that, if appearing remotely, their video and audio connection to the Court is in working order. Any technological problems must be immediately reported to the courtroom assistant. Failure to timely appear, or failure to notify the Court of exigent circumstances delaying your appearance, may result in the trial moving forward without counsel or self-represented parties.
Page 7 | K. General Trial Procedures (2)
Parties opposing dismissal or sanctions must file a written declaration responding to the OSC no later than five court days before trial.
Any plaintiff, cross-complainant, or plaintiff in intervention who opposes the dismissal of that defendant or cross-defendant or the imposition of sanctions shall respond to the OSC with a written declaration filed not later than five court days before the trial date.
Page 9 | M. Parties Who Have Not Appeared
Plaintiffs and cross-complainants must file requests to dismiss non-appearing or unserved defendants no later than 7 days before trial.
No later than 7 days before the trial date, the plaintiffs and any cross-complainants or plaintiffs-in-intervention shall file requests to dismiss: (1) Any defendant or cross-defendant who has not appeared and for whom no proof of service has been filed; and (2) Any defendant or cross-defendant who has been served but who has not appeared and whose default has not been entered.
Page 9 | M. Parties Who Have Not Appeared
Parties retaining a private court reporter must file form RI-RE003 or RI-RE005 with the Court at least 5 days before any hearing.
Per this policy, parties must file with the Court at least 5 days prior to any hearing either: (1) local form RI-RE003 (Court-Approved List of Official Reporters Pro Tempore); or (2) Local form RI-RE005 (stipulation to a court reporter that is not on the Court-Approved list).
Page 10 | O. Court Reporters
Untimely requests for a court reporter in law and motion matters will not be considered unless the motion is scheduled on fewer than 5 days' notice or there are extenuating circumstances.
Other than in the case of an ex parte application or other motion scheduled on fewer than 5 days' notice, the Court will not consider untimely requests for appointment of a reporter in law and motion matters absent extenuating circumstances.
Page 2 | Court Reporters
A video appearance stipulation must be filed with the Court at least 5 calendar days before any regularly noticed motion.
must be filed with the Court a minimum of 5 calendar days in advance of any regularly noticed motion
Page 5 | Law and Motion Video Appearance
The counsel responsible for facilitating a telephonic informal discovery conference must provide the conference bridge to all parties and the Court at least 5 days before the scheduled conference.
If counsel prefer a conference call, they should state which counsel will be responsible for facilitating a conference call; that person will be responsible for providing the conference bridge to all parties and the Court at least 5 days in advance of the scheduled conference.
Page 6 | Informal Discovery Conferences
Voluntary Settlement Conference proposed dates must be between 1:00-3:00 p.m. on a Thursday or Friday, at least one week after the stipulation is filed and no more than six weeks after filing.
Counsel must ===== PAGE 8 ===== stipulate to proposed times between 1:00 p.m. and 3:00 p.m., on a Thursday or Friday, and must select dates that are at least one week after the date the stipulation will be filed, and no more than six weeks after it will
Page 7 | 9. Alternative Dispute Resolution - A. Voluntary Settlement Conference
If a party cannot meet the Zoom equipment/internet requirements, that party must notify the Court at the Trial Setting Conference; raising the issue the first time at trial is unacceptable and may lead to an Order to Show Cause.
If these technological requirements cannot be met, counsel and self-represented parties must notify the Court at the time of the trial setting conference, and must provide an explanation as to why the equipment is not, or cannot be, made available. It is not sufficient to raise this issue for the first time at trial. Failure to provide this information in advance of trial may result in an Order to Show Cause re sanctions.
Page 7 | Trial Proceedings line
A pretrial technology conference to test Zoom may be requested at the Trial Setting Conference or by a stipulation at least 30 days before trial; it is not a hearing on the record, and it will not address substantive matters.
Parties/counsel wishing to conduct a virtual trial may request at the time of the Trial Setting Conference, or by stipulation at least 30 days before trial that the Court schedule a pretrial conference in advance of trial to allow counsel and self-represented parties to test the Zoom video application with the Court and to ask any questions about how the technology may be used, if at all, during trial. The technology conference is provided as a service to counsel and parties; it is not a hearing on the record. For that reason, substantive matters, including whether a particular trial will be held virtually or whether the parties are seeking a continuation, will not be taken up at the conference. All conferences will take place on Zoom video using meeting number 1609703 7960 absent further order of the Court.
Page 7 | J. Pretrial Technology Conference
Fee-waived parties may request an official court reporter by submitting form FW-020 at least 10 calendar days before trial or hearing, subject to availability.
A party who has received a fee waiver may request an official court reporter by submitting Judicial Council form FW-020 at least 10 calendar days prior to a trial or hearing, subject to availability.
Page 10 | O. Court Reporters
Counsel and self-represented parties are strongly encouraged to file a declaration explaining case status at least 10 days before a status conference.
In advance of any status conference where the Court has not expressly ordered the parties/counsel to provide a written declaration, counsel and self-represented parties are strongly encouraged to file with the Court at least 10 days in advance of the hearing a declaration explaining case status.
Page 4 | Case Management Rules
The Court encourages, but does not require, filing an OSC response at least 10 days before the hearing where possible.
although the Court encourages filing any response at least 10 days in advance of the OSC where possible
Page 5
Stipulations requesting inclusion in the First Friday Settlement Conference program should specify a completion date within 90 days of the request date.
Stipulations should include a specified completion date within 90 days of the date the request is made.
Page 8 | 9. Alternative Dispute Resolution - C. First Friday Settlement Conference Program
Service and Proof of Service Rules
Opposition to an ex parte application must be served on the moving party as soon as it is filed.
Any opposition to an ex parte application must be served on the moving party/counsel as soon as it is filed with the Court.
Page 1 | Ex Parte Applications
Parties seeking ex parte relief must email the application and supporting documents to opposing counsel by 4:00 p.m. the day before the hearing.
In addition to complying with the California Rules of Court and applicable Local Rules governing ex parte applications, parties seeking ex parte relief must email a copy of any ex parte application (and all supporting documents) to the opposing party/counsel no later than 4:00 p.m. the day prior to the ex parte hearing.
Page 1 | Ex Parte Applications
Any request to excuse attendance at the MSC must be served on all parties.
The request MUST be served on all parties.
Page 10 | D. Mandatory Settlement Conference
Opposition briefs must be served so that opposing counsel receives them by 4:00 p.m., at least 10 days before trial.
Oppositions to all motions in limine shall be filed with the court and served so opposing counsel receives them by 4:00 p.m. at least 10 days before the date of trial.
Page 1 | B.I.
Motions in limine served on opposing counsel must be received no later than 4:00 p.m., 15 days before trial.
Motions in limine shall be filed with the court and served so opposing counsel receives them on or before 4:00 p.m. 15 days prior to the date of trial.
Page 1 | B.I.
Trial counsel must mail a copy of the order to all handling insurance claims professionals immediately upon learning an MSC has been set, and must advise the Court in writing of any insurance claims professional refusing to attend.
Immediately upon learning an MSC has been set, trial counsel for each party shall mail a copy of this order to all handling insurance claims professional for that party's insurance carriers. If trial counsel becomes aware that any insurance claims professional is refusing to attend the MSC, trial counsel shall advise the Court in writing of the name, address, and telephone number both of the person who is refusing to attend and that person's supervisor.
Page 10 | D. Mandatory Settlement Conference
Filing Fees and Waivers
A party whose jury-trial right has been declared forfeited may not post jury fees until the Court grants relief from the forfeiture.
If the Court has declared that a party has forfeited its right to a jury trial, that party shall not post jury fees until that party has been granted relief from that forfeiture.
Page 1 | A.
Counsel must pay daily jury fees and court reporter fees to the clerk’s office each trial day and provide the receipt to the courtroom assistant; non-payment may bring sanctions or contempt.
At commencement of trial, and each day of trial thereafter, counsel are directed to pay their share of the daily jury fees and court reporter fees directly to the clerk’s office and provide a copy of the receipt to the courtroom assistant. Failure to timely pay daily jury fees or court report fees may result in an Order to Show Cause re: sanctions or contempt, or in a waiver.
Page 1 | A.
Parties must deposit non-refundable $150 jury fees per Code of Civil Procedure section 631, or forfeit the right to a jury trial.
Non-refundable jury fees of $150.00 are to be deposited per Code of Civil Procedure section 631 et. seq. Failure to comply with this requirement will result in a forfeiture of the party’s right to a jury trial.
Page 1 | A.
Filing Bundling Requirements
When more than five motions in limine are filed collectively, the parties must submit a hard copy of the motions in a binder with the joint documents required under Rule C.
In cases where more than 5 motions in limine are filed, collectively, the parties are ordered to submit a hard copy of the motions and any ... [pages 1–2] These documents should be included in a binder(s) with the joint documents required under Rule C, below.
Page 2 | B.I.
Pre-Motion Conference Requirements
An order shortening time cannot be sought until the motion is filed, a hearing date is reserved, and the filing fee is paid or waived.
The court cannot advance a hearing date or shorten time to hear a motion, via ex parte application, or otherwise, unless that motion has already been filed with the court and a hearing date set. A party desiring an order shortening time on a motion should not bring an ex parte application for such an order until that party has first (1) reserved a hearing date for the motion (2) paid the appropriate filing fee or obtained a fee waiver and (3) filed the motion.
Page 1 | Ex Parte Applications
A person attending the MSC on behalf of a non-natural-person party must have full authority to settle all claims asserted by or against that party.
If the party is not a natural person, the person attending on behalf of a party shall come with full authority to settle all claims being asserted by that party or against that party. (Cal. Rules of Court, rule 3.1380(b).)
Page 9 | D. Mandatory Settlement Conference
The handling insurance claims professional for every insurer must appear in person at the MSC with full authority to settle all claims against the insured.
Unless his or her appearance is excused in advance in writing, the handling insurance claims professional for every insurer insuring any party shall appear in person, and shall come with full authority to settle all claims against the insured. (Cal. Rules of Court, rule 3.1380(b).) "Full authority to settle" means the authority of the person present to bind the insurer (a) to pay an amount equal either to the sum of the claimants' settlement demands against the insured or to the policy limits, whichever is less (b) without consulting anyone not personally present at the settlement conference.
Page 9 | D. Mandatory Settlement Conference
Principal trial counsel for every party must appear at the Mandatory Settlement Conference via Zoom unless excused in advance in writing by the Court.
Unless an attorney's appearance is excused in advance in writing by the Court, the principal trial counsel for every party -- including all plaintiffs, cross-complainants, and plaintiffs in intervention -- shall appear at the MSC via Zoom, per the instructions of the hearing officer, unless otherwise ordered by the Court.
Page 9 | D. Mandatory Settlement Conference
Failure to comply with the MSC rules may result in an Order to Show Cause and sanctions of up to $1500, jointly and severally against counsel and parties.
Failure to comply with these rules relating to Mandatory Settlement Conferences will result in issuance of an Order to Show Cause re sanctions; sanctions of up to $1500 may issue, jointly and severally as against counsel and parties.
Page 10 | D. Mandatory Settlement Conference
No attorney, party, or insurance claims professional may leave the MSC until excused by the Court.
No attorney, party, or insurance claims professional shall leave the MSC until he or she is excused by the Court.
Page 10 | D. Mandatory Settlement Conference
Parties must meet and confer before and after filing motions in limine; failing to do so may result in the Court declining to consider the motions or an OSC re sanctions.
Before and after filing motions in limine, the parties shall meet and confer in an effort to reach stipulations resolving disputes over the admissibility of evidence and limit the contested motions in limine to a manageable number for the court to decide. ... Failure to meet certain rules prior to filing motions in limine may result in the court declining to consider motions in limine, an OSC re sanctions, or both.
Page 1 | B.I.
An informal discovery conference request must be jointly submitted by all counsel and must include the specific disputed discovery issues, a meet-and-confer explanation, and contact information for participating counsel.
request must be jointly submitted by ALL counsel, and must contain ALL of the following information: ===== PAGE 6 ===== • The specific discovery issues to be resolved broken down categorically (by type and nature of information sought), with a brief description of each party’s position on the disputed issue, no more than 1.5 pages per side. • A detailed explanation of the party’s efforts to meet and confer and resolve all disputed issues, no more than 1.5 pages. • Contact information for all counsel who will be participating in the discovery conference, including email address and telephone
Page 5 | Informal Discovery Conferences
After repeated discovery-order violations, the Court may order a mandatory informal discovery conference and may prohibit filing discovery motions without leave of court or prior IDC participation.
The Court may also order the parties to participate in a mandatory IDC if it finds repeated failures to comply with Court orders relating to discovery; in that case the Court may prohibit parties from filing discovery motions without leave of Court or without having first participated in an IDC.
Page 6 | Informal Discovery Conferences
Adjournment & Extension Requirements
Requests to excuse attendance at the MSC must be presented at least 10 days before the MSC, supported by a declaration with specified content, and served on all parties.
Any request to excuse any attorney, party, or insurance claims professional from personally appearing at the MSC shall be presented to the Court least 10 days before the MSC and supported by a declaration by the person seeking to be excused from appearing that: (a) establishes the facts justifying the excuse; (b) states whether the party, attorney, or insurance claims professional was personally present at any prior mediations or settlement conferences; and (c) describes the extent to which that party, attorney, or insurance claims professional participated in any prior mediation, MSC, or informal settlement efforts. The request MUST be served on all parties.
Page 10 | D. Mandatory Settlement Conference
A somewhat trail the trial may be held to the trailing period of more than two weeks; if it cannot be heard, the court will discuss extension or a continuance.
If the Court is already engaged in a trial on the date your trial is called, the Court may trail your matter until it has completed the earlier trial. Generally, this Department does not trail matters for more than two weeks. If your trial cannot be heard within the trailing period, the Court will discuss with counsel/parties in each case whether the trailing period should be extended or an adjourned or whether the trial should be continued.
Page 7 | K. General Trial Procedures (5)
Chambers Communication Rules
Oral argument must be requested by 4:30 p.m. the court day before the hearing by notifying the judicial secretary and all other parties.
To request oral argument, not later than 4:30 p.m. on the court day before the hearing, you must: (1) notify the judicial secretary for Department PS1 at (760) 904-5722 and; (2) inform all other parties. If no request for oral argument is made by 4:30 p.m., the tentative ruling will become the final ruling on the matter effective the date of the hearing.
Page 1 | Law & Motion Tentative Rulings
When ordered to provide documentation via email, must email the courtroom assistant at DeptPS1@riverside.courts.ca.gov, copy all parties, and limit messages to the request, with sanctions for violations.
If you are ordered to provide documentation to the Court via email, you must unless otherwise ordered email the courtroom assistant at DeptPS1@riverside.courts.ca.gov, with a copy to all counsel/self-represented parties in the action. Messages sent to the courtroom assistant must be limited to information related to the request. The Court will consider the discussion of any other topics or the attachment of any other documents to be an attempt at an improper ex parte communication and a direct violation of this Department’s rules such that and an Order to Show Cause re sanctions or contempt will be set.
Page 11
Email communications to the courtroom assistant are prohibited unless specified in these Rules or ordered by the Court, with potential sanctions for violations.
***Other than as specified in these Rules or as ordered by the Court, all counsel, parties, and their staff or agents are prohibited from sending communications to the courtroom assistant via email; violations of this rule may be treated as improper ex parte communications and may result in an Order to Show Cause re sanctions or contempt, or in reporting to the State Bar or other appropriate authority.
Page 11
Parties must check in with the courtroom clerk by 8:15 a.m. (or call between 8:00-8:15 a.m. if remote) for the 8:30 a.m. calendar.
Unless otherwise indicated, the law and motion/case management (FastTrack) calendar in Department PS1 will begin at 8:30 a.m. Please check in with the courtroom clerk no later than 8:15 a.m. If appearing remotely, please call between 8:00 a.m. and 8:15 a.m. If you do not timely check in the with courtroom clerk you risk being unable to appear.
Page 1 | Hearing Times
Parties requesting daily transcripts must notify the Court through the Court Reporter Supervisors no later than one week before trial.
In matters where the Court provides an official reporter, any party requesting daily reporter's transcripts from the official reporter at trial shall advise the Court of that request no later than one week before the trial date by contacting Demetria Bischoff or Laura Arthur-Keel, Court Reporter Supervisors, at (760)-904-5719.
Page 10 | P. Daily Transcripts
The courtroom assistant may be reached by phone at (760) 904-5680.
the courtroom assistant may be reached at (760) 904-5680.
Page 11