Riverside Superior Court Document Filing Requirements
157 rules from official source documents
Rules 1 to 50, page 1 of 4
Required elements, certificates, and structural requirements for court documents.
CRITICAL
- Applies to
- Proposed joint pretrial statement
When a party fails to participate in the Issues Conference or cooperate, the remaining party must prepare and sign the proposed documents, and the Proposed Joint Pretrial Statement must include a declaration detailing the attempts to confer or obtain cooperation.
If counsel for any party fails to participate in the Issues Conference, or otherwise fails to cooperate in the preparation of the documents specified above, then counsel for the remaining party or parties shall prepare and sign proposed versions of those documents. In that event, the Proposed Joint Pretrial Statement shall include a declaration describing the attempts made by the remaining party or parties to confer with or obtain the cooperation of the non-complying party.
CRITICAL
- Applies to
- Motion in limine
A motion to exclude evidence or prevent mention or display of inadmissible/prejudicial matter in the jury's presence must clearly describe the specific evidence or matter at issue.
Any motion seeking to preclude the introduction of any evidence or to otherwise prevent the mention or display of inadmissible and prejudicial matter in the presence of the jury: i.) Shall clearly describe the specific evidence or matter alleged to be inadmissible and prejudicial.
CRITICALCivil cases
- Applies to
- Declaration
Declarations supporting motions must be executed by a declarant with personal knowledge and signed under penalty of perjury per CCP 2015.5; the Court will not rely on unsworn or information-and-belief assertions.
Any declaration in support of a motion or application must be (a) executed by a declarant with personal knowledge of the facts stated and (b) signed under penalty of perjury consistent with Code of Civil Procedure section 2015.5. The Court will not rely on factual assertions for which no basis of personal knowledge of the declarant is shown, that are certified to be true only to the best of the declarant's information and belief, or that are not sworn.
CRITICAL
- Applies to
- Motion in limine
The Court will not consider motions to exclude evidence solely because it conflicts with a party's discovery responses unless issue preclusion, prior discovery motions, or other extraordinary circumstances apply.
Except in cases of issue preclusion based on responses to requests for admissions, previously ordered sanctions for abuse of the discovery process, or other extraordinary circumstances, the Court will not entertain a motion seeking to exclude evidence merely because it differs from a party's discovery responses.
CRITICAL
- Applies to
- Jury instructions
Proposed jury instructions must be fully edited and in the form required by California Rule of Court 2.1055, including the prescribed index.
The proposed jury instructions shall be fully edited and shall be in the form required by California Rule of Court, rule 2.1055, including the index prescribed by rule 2.1055(b).
CRITICAL
- Applies to
- Witness list
The exchanged witness list must give each witness's name and a single-sentence description of anticipated testimony, and in jury trials must also identify each non-expert witness's community and each expert witness's occupation and principal office area.
A list of all witnesses the party intends to call to testify at trial, including the witness’s name and a single-sentence description of the anticipated subjects on which the witness is expected to testify. In a jury trial, the list shall also identify (i) the community in which each non-expert witness resides and (ii) the occupation and area of the principal office of each expert witness.
CRITICAL
- Applies to
- Motion in limine
Motions in limine must be numbered sequentially by the party or side bringing them.
Shall be numbered sequentially according to the party or side bringing it (e.g., Plaintiff’s No. 1, Plaintiff’s No. 2, Defendant Smith’s No. 1, Defendant’s #2, etc.).
CRITICAL
- Applies to
- Verdict form
In jury trials, counsel must submit an agreed verdict form or, failing agreement, a partial joint form with separate proposals on the contested aspects.
In a jury trial, an agreed-upon verdict form. If counsel are unable to agree on a joint proposal for the verdict form, then counsel shall include a joint proposed verdict form to the limited extent to which all counsel can agree, together with their separate proposals as to those aspects on which counsel cannot agree.
CRITICAL
- Applies to
- Jury instructions
In jury trials, each party must exchange a list of requested form jury instructions and the text of any proposed special instructions.
In a jury trial, a list of form jury instructions and the text of special jury instructions that the party proposes to use.
CRITICAL
- Applies to
- Jury instructions
In jury trials, counsel must submit agreed-upon jury instructions and, for non-agreed instructions, identify which party or parties propose or agree to each instruction.
In a jury trial, the form jury instructions and any special jury instructions on which all parties agree. If the parties do not all agree as to all instructions requested, counsel shall also prepare the form jury instructions and any special jury instructions on which all parties have not agreed. Each of the latter instructions shall identify the party or parties who are proposing or have agreed to that instruction.
CRITICAL
- Applies to
- Claim and defense statement
Plaintiffs must describe each claim, the relief sought, the damages elements, and the amount of each economic damage element; defendants must describe each affirmative defense.
If a plaintiff, a description of each claim in support of which the party intends to offer evidence at trial and of the relief being sought as to each claim, including the nature of each element of damages for which recovery is sought and the amount of each element of economic damages. If a defendant, a description of each affirmative defense in support of which the party intends to offer evidence at trial.
CRITICAL
- Applies to
- Exhibit list
The exhibit list must include exhibit number, a title or brief description, and page count, and copies of exhibits not previously uttered in discovery must be supplied for all but impeachment-only exhibits.
A list of all exhibits that the party intends to find at trial, except those intended to be used solely to introduce matters and rebut a witness. The list shall include the exhibit number, a title or other brief description, and the number of pages of the exhibit. Except for the tender of impeachment, if any exhibit has not been previously offered in discovery, a copy of that exhibit shall also be exchanged for it.
CRITICAL
- Applies to
- Motion in limine
- Must include
- proposed order
Parties filing motions in limine must submit one proposed order covering all of their motions, stating each motion's precise relief and, for exclusions, directing counsel and witnesses not to refer to the excluded evidence.
Any party submitting any motions in limine shall submit a single proposed order encompassing all motions made by that party. As to each motion, the proposed order shall state the precise relief sought so that the ruling can be understood from the language of the order without the need to refer to the text of the motion. If the motion seeks to exclude certain evidence, the proposed order shall describe the precise evidence being excluded, shall direct counsel not to refer to the excluded evidence during trial, and shall direct counsel to advise their parties and witnesses not to refer to it.
CRITICALCivil cases
- Applies to
- Declaration
The declaration should explain (1) the date on which the defendant or cross-defendant was named, if different from the date the pleading was filed, (2) the date on which the efforts to serve occurred, (3) the nature of those efforts, (4) the results of those efforts, and (5) the date and nature of the additional steps taken in response to those results.
The declaration should explain (1) the date on which the defendant or cross-defendant was named, if different from the date the pleading was filed, (2) the date on which the efforts to serve occurred, (3) the nature of those efforts, (4) the results of those efforts, and (5) the date and nature of the additional steps taken in response to those results.
CRITICAL
- Applies to
- Exhibit list
Counsel must prepare a joint exhibit list stating stipulations as to admissibility/authenticity, and unlisted exhibits cannot be introduced except for good cause or impeachment.
A joint exhibit list in the manner described in subdivision 2. The exhibit list shall indicate whether the parties have stipulated to the admission or the authenticity of the exhibits. Except for good cause, no party will be allowed to introduce any exhibit that is not on that list for any purpose other than impeachment of a witness.
CRITICAL
- Applies to
- Witness list
Counsel must prepare a joint witness list, and any witness not listed cannot be called except for good cause or impeachment.
In addition to the Joint Pretrial Statement, counsel shall prepare: i) A joint witness list in the manner described in subdivision 2. Except for good cause, no party will be allowed to call any witness who is not on that list for any purpose other than impeachment of a witness.
CRITICALCivil cases
- Applies to
- Trial call documents
All parties must bring the documents specified in Local Rule 3401 §9.b on the day of the trial call, except for non-jury unlawful detainer trials and non-jury trials of five hours or less; failure may result in continuance or sanctions.
Except for non-jury unlawful detainer trials and non-jury trials estimated to take five hours or less, all parties must comply with Riverside Superior Court Local Rule 3401, and must bring the documents specified in § 9.b. of that rule on the day of the trial call. There will be no other exceptions. Failure to comply with that rule may result in the continuance of the trial, in the imposition of the sanctions described in rule 3401, and/or in an OSC why monetary sanctions should not be imposed.
CRITICALCivil cases
- Applies to
- Declaration
The Court does not need, and does not want, another copy of the proof of service, answer, default, or dismissal itself.
The Court does not need, and does not want, another copy of the proof of service, answer, default, or dismissal itself.
CRITICALCivil cases
- Applies to
- Declaration in response to osc
If the Court is incorrect, the declaration in response should state the date that a complete CMS was filed and the location in the CMS of the information regarding the nature and amount of the damages and other relief may be found. If the Court is correct, the declaration should state the reasons why the required information was not included in the CMS.
If the Court is incorrect, the declaration in response should state the date that a complete CMS was filed and the location in the CMS of the information regarding the nature and amount of the damages and other relief may be found. If the Court is correct, the declaration should state the reasons why the required information was not included in the CMS.
CRITICALCivil cases
- Applies to
- Declaration
The declaration should state (1) the date on which you made contact with the defendant or the defendant’s counsel or adjuster, (2) the date on which the last offer or demand was exchanged, (3) the length of any extension of time granted, and (4) the date that extension expires. If you have granted an extension longer than the 15 days permitted under California Rules of Court, rule 3.110(d), then the declaration should explain that decision.
The declaration should state (1) the date on which you made contact with the defendant or the defendant’s counsel or adjuster, (2) the date on which the last offer or demand was exchanged, (3) the length of any extension of time granted, and (4) the date that extension expires. If you have granted an extension longer than the 15 days permitted under California Rules of Court, rule 3.110(d), then the declaration should explain that decision.
CRITICALCivil cases
- Applies to
- Motion
All factual assertions in a motion must be supported by competent evidence in the form of a declaration or stipulation of facts.
All factual assertions on which the motion or application relies must be supported by competent evidence in the form of either a declaration or stipulation of facts.
CRITICAL
- Applies to
- Motion in limine
Motions in limine must be tailored to the specific issues and evidence of the case and cannot seek general legal declarations.
Shall be tailored to the specific issues of the case and to the specific evidence expected to be introduced at trial. They shall not seek declarations of existing law of general application, e.g., that the opposing party may not introduce inadmissible hearsay.
CRITICAL
- Applies to
- Verdict form
In jury trials, each party must exchange a proposed verdict form.
In a jury trial, a proposed verdict form.
CRITICAL
- Applies to
- Pretrial statement
Counsel who cannot agree on a joint statement of the case must submit one to the extent of their agreement, and separate proposals for the disputed portions.
If counsel are unable to agree on a joint proposal for the statement of the case, then counsel shall include a joint statement of the case to the limited extent to which all counsel can agree, together with the separate proposals as to those aspects on which counsel cannot agree.
CRITICALCivil cases
- Applies to
- Declaration
Your declaration should identify each defendant or cross-defendant named in your pleading that the clerk describes as either Serve Required or Served. As to each one, the declaration should separately explain either (i) why the clerk is mistaken or (ii) why there is good cause for the failure to serve or take the default of that party.
Your declaration should identify each defendant or cross-defendant named in your pleading that the clerk describes as either Serve Required or Served. As to each one, the declaration should separately explain either (i) why the clerk is mistaken or (ii) why there is good cause for the failure to serve or take the default of that party.
CRITICAL
- Applies to
- Motion in limine
A motion to exclude evidence or prejudicial matter must be supported by a declaration of a meet-and-confer with opposing counsel and must explain the specific prejudice if the motion is denied.
Shall be supported by a declaration that both: (1) Demonstrates that the subject of the motion has been discussed with opposing counsel, and that opposing counsel has either (A) indicated that such matter will be mentioned or displayed in the presence of the jury or (B) refused to stipulate that such matter will not be mentioned or displayed in the presence of the jury unless and until it is admitted into evidence; and (2) Explains the specific prejudice that will be suffered by the moving party if the motion is not granted.
CRITICALCivil cases
- Applies to
- Declaration
If the Court is mistaken, the declaration in response should state the date that the CMS was filed. If the Court is correct, the declaration should state the reasons why the CMS was not filed in a timely fashion.
If the Court is mistaken, the declaration in response should state the date that the CMS was filed. If the Court is correct, the declaration should state the reasons why the CMS was not filed in a timely fashion.
CRITICAL
- Applies to
- Motion in limine
Motions in limine must be supported by a memorandum of points and authorities.
Shall be supported by a memorandum of points and authorities.
CRITICAL
- Applies to
- Osc response
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.
CRITICALCivil cases
- Applies to
- Exhibit binder
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.
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.
CRITICAL
- Applies to
- Settlement conference request
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.
CRITICALCivil cases
- Applies to
- Motion in limine
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.
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.
CRITICAL
- Applies to
- Jury instructions
Voir dire will not begin until all parties have complied with Local Rule 3401 and provided the Court the required jury instructions and verdict forms.
Voir Dire shall not begin until all parties have complied with Local Rule 3401, and, in particular, provided the Court with required jury instructions and verdict forms.
CRITICALCivil cases
- Applies to
- Declaration in response to order to show cause
The declaration should state (1) the date on which you made contact with the defendant or the defendant’s counsel or adjuster, (2) the date on which the last offer or demand was exchanged, (3) the length of any extension of time granted, and (4) the date that extension expires.
The declaration should state (1) the date on which you made contact with the defendant or the defendant’s counsel or adjuster, (2) the date on which the last offer or demand was exchanged, (3) the length of any extension of time granted, and (4) the date that extension expires.
CRITICALCivil cases
- Applies to
- Trial call documents
All parties must comply with Local Rule 3401 and bring the documents specified in § 9.b on the day of trial call, except for non-jury unlawful detainer trials and non-jury trials of five hours or less; noncompliance may result in trial continuance, sanctions, or an order to show cause.
Except for non-jury unlawful detainer trials and non-jury trials estimated to take five hours or less, all parties must comply with Riverside Superior Court Local Rule 3401, and must bring the documents specified in § 9.b. of that rule on the day of the trial call. There will be no other exceptions. Failure to comply with that rule may result in the continuance of the trial, in the imposition of the sanctions described in rule 3401, and/or in an OSC why monetary sanctions should not be imposed on counsel.
CRITICALCivil cases
- Applies to
- Case management statement
The ADR agreement column of Form CM-110 may be marked only if all parties who have appeared have agreed to that form of ADR.
By contrast, the right-hand column asks whether the parties have actually agreed with each other to engage in that form of ADR. That column should not be marked unless all parties who have appeared in the case have agreed to engage in that form of ADR.
CRITICALCivil cases
- Applies to
- Declaration in response to order to show cause
When the Court issues an OSC for the failure to file a complete CMS, it means that the Court believes that the party failed to answer all of the questions on the CMS. Typically, the material omission is the failure to fully answer Question 4.b. concerning the nature and the amount of the damages allegedly suffered or the other relief being sought. If the Court is incorrect, the declaration in response should state the date that a complete CMS was filed and the location in the CMS of the information regarding the nature and amount of the damages and other relief may be found. If the Court is correct, the declaration should state the reasons why the required information was not included in the CMS. Filing a revised CMS after the issuance of the OSC does not explain why the party failed to file a complete CMS in the first instance, does not excuse the failure to file a complete CMS when it was due under the Rules of Court, and thus is not likely to avoid the imposition of sanctions.
When the Court issues an OSC for the failure to file a complete CMS, it means that the Court believes that the party failed to answer all of the questions on the CMS. Typically, the material omission is the failure to fully answer Question 4.b. concerning the nature and the amount of the damages allegedly suffered or the other relief being sought. If the Court is incorrect, the declaration in response should state the date that a complete CMS was filed and the location in the CMS of the information regarding the nature and amount of the damages and other relief may be found. If the Court is correct, the declaration should state the reasons why the required information was not included in the CMS. Filing a revised CMS after the issuance of the OSC does not explain why the party failed to file a complete CMS in the first instance, does not excuse the failure to file a complete CMS when it was due under the Rules of Court, and thus is not likely to avoid the imposition of sanctions.
CRITICALCivil cases
- Applies to
- Osc response declaration
Belated compliance after the OSC is issued does not cure the underlying violation or avoid sanctions.
A violation is not cured, and sanctions avoided, by belatedly complying with the rule or order after the issuance of the OSC but before filing the declaration in response to the OSC.
CRITICALCivil cases
- Applies to
- Case management statement
By the CMS filing, counsel must investigate damages and provide reasonable estimates; deferring estimates to trial or experts is insufficient.
The Court does not expect counsel to be able to predict with perfect accuracy what the evidence of damages will be at trial. However, by the time that the CMS is filed nearly six months after the case was filed, the Court does expect counsel to have conducted a preliminary investigation into the amount of damages and to make a reasonable estimate of the amount of those damages on the basis of the information obtained as the result of that investigation. Descriptions that attempt to defer those estimates until later or otherwise to duck the obligation to conduct that investigation and make that estimate are not sufficient. E.g.: A. “Damages in an amount to be proven at trial.” B. “Economic damages in an amount to be determined by an expert.” C. “Exact amount of past medical expenses is unknown.” D. “Plaintiff will seek the maximum amount of damages recoverable under the law.”
CRITICALCivil cases
- Applies to
- Motion to continue trial
g. To attempt to demonstrate good cause on the ground of the unavailability of an expert witness for either deposition or trial, the request should: i. Make an offer of proof of the testimony to be provided by that witness; ii. Explain why that testimony is material; iii. Explain why that testimony cannot be offered by another expert; iv. State when counsel retained that expert; v. State how and when counsel informed the expert of the trial date; vi. State how and when the expert agreed to be available for a trial starting on that date and for a deposition preceding that date; vii. State how and when counsel learned that the expert was not available; and viii. Prove the witness’s unavailability for the trial as currently scheduled, when that unavailability begins, and when it will end.
g. To attempt to demonstrate good cause on the ground of the unavailability of an expert witness for either deposition or trial, the request should: i. Make an offer of proof of the testimony to be provided by that witness; ii. Explain why that testimony is material; iii. Explain why that testimony cannot be offered by another expert; iv. State when counsel retained that expert; v. State how and when counsel informed the expert of the trial date; vi. State how and when the expert agreed to be available for a trial starting on that date and for a deposition preceding that date; vii. State how and when counsel learned that the expert was not available; and viii. Prove the witness’s unavailability for the trial as currently scheduled, when that unavailability begins, and when it will end.
CRITICALCivil cases
- Applies to
- Ex parte application for order shortening time
Therefore, a party desiring an order shortening time for notice of a motion should not bring an ex parte application for such an order until that party has first (i) reserved a hearing date for the motion, (ii) paid the appropriate filing fee for the motion (or obtained a fee waiver), and (iii) filed the motion. The Court will not deem the ex parte application to constitute the motion to be heard. The hearing date reserved for the motion should be the earliest date available in this department. The application should be supported by a declaration that either affirms that the hearing date was the earliest available or explains why a later date was reserved.
Therefore, a party desiring an order shortening time for notice of a motion should not bring an ex parte application for such an order until that party has first (i) reserved a hearing date for the motion, (ii) paid the appropriate filing fee for the motion (or obtained a fee waiver), and (iii) filed the motion. The Court will not deem the ex parte application to constitute the motion to be heard. The hearing date reserved for the motion should be the earliest date available in this department. The application should be supported by a declaration that either affirms that the hearing date was the earliest available or explains why a later date was reserved.
CRITICALCivil cases
- Applies to
- Case management statement
A CMS damages description that merely states damages exceed $25,000 is insufficient because all unlimited civil cases involve at least that amount.
Merely stating that the plaintiff has suffered damages in excess of $25,000 is not sufficient, because all unlimited civil cases seeking damages involve damages of at least $25,000.
CRITICALCivil cases
- Applies to
- Declaration in response to order to show cause
When the Court issues an OSC for the failure to file a timely CMS, it means that the Court believes that the party to whom the OSC is directed failed to file a CMS. If the Court is mistaken, the declaration in response should state the date that the CMS was filed. If the Court is correct, the declaration should state the reasons why the CMS was not filed in a timely fashion. Filing a CMS after the issuance of the OSC does not explain why the party failed to timely comply, does not excuse the failure to file the CMS when it was due under the Rules of Court, and thus is not likely to avoid the imposition of sanctions.
When the Court issues an OSC for the failure to file a timely CMS, it means that the Court believes that the party to whom the OSC is directed failed to file a CMS. If the Court is mistaken, the declaration in response should state the date that the CMS was filed. If the Court is correct, the declaration should state the reasons why the CMS was not filed in a timely fashion. Filing a CMS after the issuance of the OSC does not explain why the party failed to timely comply, does not excuse the failure to file the CMS when it was due under the Rules of Court, and thus is not likely to avoid the imposition of sanctions.
CRITICALCivil cases
- Applies to
- Osc response declaration
you should file a declaration in response to the OSC, as required by rule 3116.
you should file a declaration in response to the OSC, as required by rule 3116.
CRITICALCivil cases
- Applies to
- Motion to continue trial
h. To attempt to demonstrate good cause on the ground of the unavailability of trial counsel, the request should: i. Prove counsel’s unavailability for the trial as currently scheduled, when that unavailability begins, and when it will end. ii. State when the conflicting event was scheduled in relationship to the scheduling of the trial date; iii. State when trial counsel became aware of the conflict; and iv. Explain why other counsel cannot substitute for trial counsel during the period of the conflict.
h. To attempt to demonstrate good cause on the ground of the unavailability of trial counsel, the request should: i. Prove counsel’s unavailability for the trial as currently scheduled, when that unavailability begins, and when it will end. ii. State when the conflicting event was scheduled in relationship to the scheduling of the trial date; iii. State when trial counsel became aware of the conflict; and iv. Explain why other counsel cannot substitute for trial counsel during the period of the conflict.
CRITICALCivil cases
- Applies to
- Case management statement
A CMS damages description that merely says the plaintiff was injured or suffered damages is insufficient.
Merely stating that the plaintiff has been injured, or has suffered damages, is not sufficient.
CRITICALCivil cases
- Applies to
- Request to continue hearing
- Must include
- proposed order
A request to continue a hearing/CMC/TSC must be labelled, supported by good cause, and proposed order included.
Any request to continue a hearing, a CMC, a TSC, or a status conference should be (a) labelled as being a request for such relief, (b) supported by a declaration or stipulation establishing the facts that demonstrate good cause for that relief, and (c) accompanied by a proposed order.
CRITICALCivil cases
- Applies to
- Motion to continue trial
f. To attempt to demonstrate good cause on the ground of the unavailability of a percipient witness, the request should: witness; ii. Explain why that testimony is material; iii. Explain why that testimony cannot be offered by another witness; iv. Prove that the witness has been served with a subpoena; and v. Prove the witness’s unavailability for the trial as currently scheduled, before when that unavailability begins, and when it will end.
f. To attempt to demonstrate good cause on the ground of the unavailability of a percipient witness, the request should: witness; ii. Explain why that testimony is material; iii. Explain why that testimony cannot be offered by another witness; iv. Prove that the witness has been served with a subpoena; and v. Prove the witness’s unavailability for the trial as currently scheduled, before when that unavailability begins, and when it will end.
CRITICALCivil cases
- Applies to
- Motion to continue trial
4. Unless the request complies with paragraph 2 above, any request to continue the trial should generally be made by a noticed motion.
4. Unless the request complies with paragraph 2 above, any request to continue the trial should generally be made by a noticed motion.
CRITICALCivil cases
- Applies to
- Motion to continue trial
A request to continue trial based on substitution of counsel must show the substitution was required in the interests of justice and explain its necessity, timing, and the new counsel's preparation and remaining work.
e. The substitution of counsel is not good cause for the continuance of a trial unless there is an affirmative showing that the substitution was required in the interests of justice. (Cal. Rules of Court, rule 3.1332(c)(4).) Therefore, any request on the ground of a recent change of trial counsel should explain in detail: i. Why was the substitution necessary and when did the events demonstrating that necessity occur? ii. When did the substitution occur, and why did it not occur earlier? iii. What has new counsel done to date to prepare for trial, and when did new counsel begin to do so? If those preparations did not begin promptly following the substitution, why not? iv. What else does new counsel need to do to prepare for trial, and how long will it take to do so?
What must be included with proposed joint pretrial statement filings in Riverside Superior Court?
When a party fails to participate in the Issues Conference or cooperate, the remaining party must prepare and sign the proposed documents, and the Proposed Joint Pretrial Statement must include a declaration detailing the attempts to confer or obtain cooperation.
What must be included with motion in limine filings in Riverside Superior Court?
Riverside Superior Court: A motion to exclude evidence or prevent mention or display of inadmissible/prejudicial matter in the jury's presence must clearly describe the specific evidence or matter at issue.
Judge Manuel Bustamante: The rule requires proposed order. Each motion in limine must be accompanied by a proposed order.
Judge O.G. Magno: The rule requires proposed order. Each party submitting motions in limine must submit a single proposed order covering all of that party's motions.
14 more rules answer this question.
What must be included with declaration filings in Riverside Superior Court?
Riverside Superior Court: Declarations supporting motions must be executed by a declarant with personal knowledge and signed under penalty of perjury per CCP 2015.5; the Court will not rely on unsworn or information-and-belief assertions.
Judge Sophia Choi: In advance of any trial setting conference, counsel and self-represented parties must file a declaration addressing three mutually available trial dates (Fridays at 10:00 a.m. within about 6 months), the bench/jury request and full time estimate, and ADR participation.
5 more rules answer this question.
What must be included with jury instructions filings in Riverside Superior Court?
Riverside Superior Court: The rule requires table of contents. Proposed jury instructions must be fully edited and in the form required by California Rule of Court 2.1055, including the prescribed index.
Judge Daniel Ottolia: Voir dire will not begin until all parties have complied with Local Rule 3401 and provided the Court the required jury instructions and verdict forms.
Judge Sophia Choi: Instructions must be ordered with CACI Nos. 5000–5008 at the beginning, CACI No. 5009 et seq. at the end, all others in the middle, and the text of CACI 100 series instructions also included.
6 more rules answer this question.
What must be included with witness list filings in Riverside Superior Court?
Riverside Superior Court: The exchanged witness list must give each witness's name and a single-sentence description of anticipated testimony, and in jury trials must also identify each non-expert witness's community and each expert witness's occupation and principal office area.
Judge Russell Velasquez: Parties must submit a pretrial list of all witnesses they intend to call, with each witness's name and a single-sentence description of the anticipated subject matter.
1 more rule answers this question.
What must be included with verdict form filings in Riverside Superior Court?
In jury trials, counsel must submit an agreed verdict form or, failing agreement, a partial joint form with separate proposals on the contested aspects.
1 more rule answers this question.
Related categories
Back to all rules for this courtPage & Word Limits
Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.