Riverside Superior Court Document Filing Requirements

Applies to

Motion in limine

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.

Applies to

Exhibit binder

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.

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.

Applies to

Case management statement

Parties must file the Case Management Statement on Form CM-110.

California Rules of Court, rule 3.725, requires the parties, either jointly or separately, to file a CMS on Form CM-110, no later than 15 days in advance of the date set for the CMC.

Applies to

Case management statement

Counsel must answer all portions of Form CM-110.

Accordingly, California Rules of Court, rule 3.725(c) requires counsel to answer all portions of Form CM-110. The Court expects counsel to comply this rule. A failure to comply with that rule – especially a failure by a plaintiff or cross-complainant to do so – will result in an OSC why sanctions should

Applies to

Case management statement

For any case seeking monetary relief, the CMS must describe the nature of the wrongful conduct, the nature of the damages, and the approximate amount of each type of monetary relief sought.

In particular, the Court will review the answer to Question No. 4.b. of Form CM-110 to determine whether the amount in controversy is $50,000 or less. In any case in which any monetary relief is sought – whether in the form of compensatory damages, punitive damages, statutory penalties, or restitution -- counsel should describe the nature of the wrongful conduct (if not sufficiently described in Question 4.a.), the nature of the damages suffered as a result of that conduct, and the approximate amount of each type of damage or other form of monetary relief being sought.

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.

Applies to

Case management statement

The CMS must state damage elements separately; a single lump-sum figure is insufficient.

Conflating all types of damages into a single figure – e.g., “economic damages, non-economic damages, and punitive damages in a sum not less than $500,000” – is not sufficient. The Court cannot independently evaluate the claim unless the amounts of the various damage elements are stated separately.

Applies to

Case management statement

CMS damages descriptions that depend on information not stated in the CMS are insufficient, such as policy limits, references to other documents, or vague figures.

Descriptions that require the Court to know information that is not stated in the CMS are not sufficient. E.g.: “Plaintiff is requesting the entirety of defendant’s policy limits.” “See Statement of Damages.” “Past wages of $15,000, plus commission.” “Actual damages of $38,000, plus statutory penalties.” “Penalties of $4,000 per occurrence.”

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.: “Damages in an amount to be proven at trial.” “Economic damages in an amount to be determined by an expert.” “Exact amount of past medical expenses is unknown.” “Plaintiff will seek the maximum amount of damages recoverable under the law.”

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.

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.

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 establish that establish good cause for that relief, and (c) accompanied by a proposed order.

Applies to

Declaration in support of motion

Supporting declarations must come from a declarant with personal knowledge and be under penalty of perjury; the Court will not consider facts asserted on information or belief or taken on not sworn.

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 for 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.

Applies to

Ex parte application

An ex parte application must show exigent circumstances and why the matter could not be brought by noticed motion; exigencies more than two months away are unlikely to qualify.

Any application for ex parte relief must be supported by a showing of exigent circumstances justifying ex parte relief by explaining why the request could not, with the exercise of reasonable diligence, have been brought by a noticed motion. If the claimed exigency – for example, the trial that you want continued – will not occur within the next two months, the Court is unlikely to find that this requirement has been met.

Applies to

Ex parte application for order shortening time

An order to shorten notice will not be considered unless the movant has already reserved a hearing date, satisfied the filing fee, and filed the underlying motion, with a declaration about the earliest available date.

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 a 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 the reason why a later date was reserved.

Applies to

Motion to continue trial

To continue a trial because trial counsel is unavailable, the request must prove the conflict, the scheduling timing, when counsel learned of it, and why no one else can substitute.

h. To attempt to demonstrate the 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 the relationship to the scheduled 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.

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?

Applies to

Motion to continue trial

To show good cause based on an unavailable percipient witness, the request must prove the witness's service of subpoena and unavailability, explain the materiality of the missing testimony, and confirm no other witness can provide it.

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.

Applies to

Motion to continue trial

A request to continue based on an expert's unavailability must include an offer of proof, materiality of testimony, lack of substitute experts, retainer and notice facts, and proof of the unavailability period.

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 the beginning of deposition preceding that date; vii. State how and when counsel learned-hear 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.

Applies to

Motion to continue trial

Unless an exception under paragraph 2 applies, requests to continue a trial must generally be made by a meaningful, formal motion.

4. Unless the request complies with paragraph 2 above, any request to continue the trial should generally be made by a notice motion.

Applies to

Osc response declaration

An OSC response declaration must demonstrate compliance with the rule or order when counsel claims no violation occurred.

If counsel believes that there has been no violation, the declaration should demonstrate that counsel has complied.

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.

Applies to

Osc response declaration

Good cause requires reasonably diligent efforts thwarted by reasons outside counsel’s control; negligent mistakes do not qualify.

To demonstrate good cause, the declaration must show that counsel made a reasonably diligent effort to comply with the requirement that is the subject of the OSC but that, for reasons not within counsel’s control, counsel was not able to comply. Negligent mistakes or lapses of attention, such as calendaring errors or failures of memory, do not constitute good cause.

Applies to

Osc response declaration

When the court’s status record shows a party as Serve Required or Served, a declaration responding to the OSC must be filed under RSC Local Rule 3116.

you should file a declaration in response to the OSC, as required by rule 3116.

Applies to

Declaration in response to order to show cause

A declaration responding to an OSC for failure to request default must show good cause by stating the date of contact with the defendant/adjuster, the last offer or demand date, the length of any extension, and the date the 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.

Applies to

Declaration in response to order to show cause

When answering an OSC for a late Case Management Statement, the declaration must state the date the CMS was filed if the Court is mistaken, or give the reasons for the late filing if the Court is correct; filing a CMS after the OSC issues will not likely avoid 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.

Applies to

Declaration in response to order to show cause

When answering an OSC for an incomplete Case Management Statement, the declaration must identify the date and location of a complete CMS if the Court is mistaken, or give reasons for the omission if the Court is correct; later filing a revised CMS will not likely avoid 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 the 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.

Applies to

Trial readiness stipulation

Attorneys and self-represented parties must prepare and file a written stipulation covering undisputed facts, disputed facts with each party's proposed findings, and undisputed issues.

No later than 10 days before the Trial Setting Conference or Trial Setting Conference or 10 days before trial (if no Trial Readiness Conference is set), all attorneys and self-represented parties shall prepare and file a written stipulation including: (a) Undisputed facts; (b) Disputed facts, including each party’s proposed finding on each disputed fact; (c) Undisputed issues;

Applies to

Trial financial disclosures

Must include

proposed order

No later than 10 days before the relevant trial, each party must update and serve comprehensive financial disclosures on the other party, including income and expense declarations, tax returns, asset and debt statements, property valuation documents, income imputation materials, and a proposed judgment, and must supply them to the court upon request.

At least 10 days before the trial, the parties shall update and serve on each other the following documents: (a) Current income and expense declaration, including all required attachments (pay stubs/profit and loss); (b) Two most recent tax returns, including personal and corporate returns, if applicable, including all attachments and schedules, W-2 forms, and 1099 forms; (c) Financial statements showing current balances of any assets and debts that the parties will request the court to make findings or orders on; (d) Financial statements showing balances of assets and debts at date of separation that the parties will request the court to make findings and orders on; (e) Supporting documents for any credits or reimbursements sought; (f) Documents showing fair market values of property; (g) Any documents related to imputation of income, including: I. Job listings II. Job search efforts III. Vocational evaluations; and (h) A Proposed Judgment with a good faith settlement of all issues in the case. The parties must provide the documents listed in #3 to the court upon request.

Applies to

Pretrial documents

All parties must comply with Local Rule 3401, which requires joint pretrial documents, BATES-stamped exhibits, motions in limine with proposed orders, and other trial-ready materials.

All parties must comply with the Superior Court of the County of Riverside, Local Rule 3401 which can be found on the Court’s website: https://www.riverside.courts.ca.gov/GeneralInfo/LocalRules/local-rules.php Local rule 3401 requires the preparation of the following documents: 1. Joint Pretrial Statement; 2. Joint Witness List (with estimated lengths of direct/cross examination); 3. Joint Exhibit List; 4. Exhibits (BATES stamped in sequential order); 5. Requests for judicial notice (if any); 6. Motions in Limine (if any) and proposed order for each; 7. Oppositions to motions in limine (if any); 8. Trial brief (if any); 9. Stipulation of facts or issues of law (if any); 10. In a jury trial, jury instructions, Index table, and verdict form(s).

Applies to

Trial setting declaration

Counsel must meet and confer and file a trial-setting declaration containing trial-date availability, bench/jury request, expected trial length, ADR status, and other matters; failure to file can result in sanctions.

In advance of any TSC, counsel are ordered to meet and confer and to prepare and file a declaration at least 10 days in advance of the TSC addressing all of the following: 1. 3 available dates for trial, beginning on a Friday at 8:30 a.m., within approximately 6-9 months of the TSC. Failure to select mutually agreeable dates, or to provide a detailed explanation as to why any dates selected are well outside the 6-month window, may result in the Court setting a trial date without input from the parties; 2. Whether the parties are requesting a bench or jury trial, and the length of the anticipated trial in hours, if possible. If parties are unsure how to estimate the length of time needed, they should instead provide detailed information about the number of witnesses they anticipate calling, specifying the number of experts, and should note any special circumstances (e.g., need for interpreter, child witness, etc.) 3. Whether the parties have participated or will be participating in ADR. 4. The declaration may address any other issues that are relevant to setting trial. The Court strongly prefers that this declaration be jointly prepared and filed.

Applies to

Motions in limine

Motions in limine must be case-specific; generic motions addressed to general legal principles will be summarily denied.

MILs should be specific to allow the Court to make an enforceable order with respect to particular evidence. Counsel should not file MILs to order general legal principles e.g., to prohibit “golden rule” arguments, to prohibit general use of documents not disclosed during discovery, to prohibit use of hearsay evidence, etc. These types, if any generic motions are improper and will be summarily denied.

Applies to

Trial exhibits

All trial exhibits, including demonstratives (except impeachment-only), must be brought with other trial documents on the trial date and be BATES-stamped in sequential order.

Trial Exhibits/Deposition Transcripts. With the exception of exhibits offered solely for the purpose of impeachment, ALL exhibits (including demonstrative exhibits ) the parties intend to offer at trial must be brought with all trial documents on the date of trial. Exhibits must be BATES stamped in sequential order as required by local rule 3401 rule, i.e.

Applies to

Motion in limine

Must include

proposed order

Each party submitting motions in limine must submit a single proposed order covering all of that party's motions.

Any party submitting any motions in limine shall submit a single proposed order encompassing all motions made by that party. Riverside Local Rule 3401 (6)(f).

Applies to

Pretrial filings

Pre-trial filings (Joint Statement of the Case, Joint Exhibit List, Joint Witness List, Jury Instructions, Joint Verdict Form(s), Motions in Limine Binder) due by 8:30 a.m. on trial date; failure incurs $250 per missing document per day.

All parties must comply with Local Rule 3401 and Reales Investment, LLC v. Johnson (2020) 55 Cal.App.5th 463. The following documents are due by 8:30 a.m. on the date set for trial: Joint Statement of the Case; Joint Exhibit List (exchange all exhibits 14 days before trial; excludes impeachment evidence); Joint Witness List (with time estimates); Jury Instructions (Joint; Plaintiff’s; Defendant’s); Joint Verdict Form(s); Motions in Limine Binder (with oppositions). Failure to comply delays voir dire and incurs $250 per missing document per day.

Applies to

Motion in limine

Must include

certificate of conference

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.

Applies to

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.

Applies to

Witness exclusion stipulation

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.

Applies to

Osc response

Counsel must comply with Riverside Superior Court Local Rule 3116 regarding declarations in response to orders to show cause.

If the Court issues an OSC, the Court needs counsel to comply with Riverside Superior Court Local Rule 3116, concerning declarations in response to OSCs.

Applies to

Case management statement

Counsel must comply with California Rules of Court rule 3.725 regarding case management statements.

The Court needs counsel to comply with counsel’s obligations under rule 3.725 regarding case management statements (“CMSs”).

Applies to

Case management statement

To avoid a continued CMC, parties must timely file complete Case Management Statements and an answer, default, or dismissal for every defendant.

If the case is not at issue, if any plaintiff or cross-complainant has failed to file a CMS, or if the CMS filed by any plaintiff or cross-complainant is incomplete, the Court will continue the CMC until those prerequisites have been met. Therefore, to avoid having to attend multiple CMCs, the parties must file in a timely fashion (a) a complete CMSs from every party and (b) an answer from, or a default or dismissal of, every defendant, cross-defendant, or defendant in intervention.

Applies to

Case management statement

In personal injury cases, the CMS must state for each plaintiff the nature of injury, past and future medical expenses, past and future loss of earnings, other economic damages, and general damages.

For instance, in a case alleging personal injuries, counsel should state as to each plaintiff: the nature of the injury; the estimated past medical expenses; if the plaintiff is still being treated, the nature of the future treatment and the estimated future medical expenses; the estimated past loss of earnings; the estimated future loss of earnings; any other economic damages; and general damages.

Applies to

Case management statement

In real property cases, the CMS must state the estimated value of the real property.

counsel should state the estimated value of that real property.

Applies to

Case management statement

Omissions in the CMS damages description are treated as concessions: listing only past medical expenses means no future medical expenses are expected, and omitting past or future earnings losses means none are claimed.

If the CMS lists only past medical expenses, the Court will assume that no future medical expenses are expected. Similarly, if the answer describes no past loss of earnings or estimated future loss of earnings, the Court will assume that the plaintiff is not claiming any such losses.

Applies to

Case management statement

Plaintiff's counsel must know past medical expenses by the CMS filing; if unknown, the CMS must describe the efforts to obtain the information and the nature of past treatment.

Because the CMS is not prepared until nearly six months after the case is filed, the Court expects plaintiff’s counsel to know the amount of plaintiff’s past medical expenses. If counsel does not know them, counsel should describe both the efforts made to obtain that information and the nature of the past medical treatment received by the plaintiff.

Applies to

Case management statement

Medical expense estimates in the CMS must be calculated in accordance with Howell v. Hamilton Meats & Provisions, Inc.

Any estimates of either past or future medical expenses should be calculated in accordance with Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541.

Applies to

Case management statement

In multi-plaintiff cases, the CMS must describe each plaintiff's damages separately.

If there are more than one plaintiff, the damages alleged to have been suffered by each plaintiff should be described separately.

Applies to

Case management statement

In non-personal-injury tort cases, the CMS must state the nature of the loss, estimated economic damages, general damages, and punitive damages.

In a case alleging other types of torts, such as fraud, property damage, or emotional distress, counsel should state: the nature of the loss; the estimated economic damages; any general damages; and any punitive damages.

Applies to

Case management statement

In contract cases, the CMS must state the nature of the wrongful conduct and the amount of compensatory damages or penalties, and the amount of restitution if rescission or restitution is sought.

In a case alleging contract claims, such as for breach of contract, warranty, or lease, counsel should state both the nature of the wrongful conduct and the amount of compensatory damages or penalties. If rescission and restitution is sought, counsel shall state the amount of restitution.

Applies to

Case management statement

The CMS should not combine damages and attorney's fees; the Court does not consider attorney's fees or costs when evaluating mandatory mediation or arbitration.

Conflating damages and attorney’s fees into a single figure is not helpful. In evaluating whether a case may be sent to mandatory mediation or arbitration, the Court does not consider attorney’s fees or costs of suit.

Applies to

Case management statement

If a CMS indicates the case will not be ready for trial within 12 months, it must explain why and estimate the trial-readiness date.

If you do not believe that the case will ready for trial within 12 months, you should both (i) explain why not and (ii) estimate when the case will be ready to be tried.

Applies to

Motion or application

Motions and applications must disclose any prior motion or application in the case for the same or similar relief, including who brought it, the date of ruling, and the nature of the ruling.

Any motion or application for relief should describe any prior motion or application in this case for the same or similar relief, including the name of the party who brought the prior motion or application, the date of the ruling on that motion or application, and the nature of that ruling.

Applies to

Motion or application

Factual assertions in motions or applications must be supported by a declaration or stipulation of facts.

All factual assertions on which a motion or application relies must be supported by competent evidence in the form of either a declaration or stipulation of facts.

Applies to

Request for judicial notice

Must include

case number

A request for judicial notice must identify the case name and number, the document name, and date filed, and should not attach a second copy of the existing document.

If the court is asked to take judicial notice of a document already filed with the Riverside Superior Court in support of or in opposition to some motion or application, the request should state (a) the name and case number of the case in which the document is filed, (b) the full name of the document, and the date on which the document was filed. A second copy of the Chapter document should not be attached to the request.

Applies to

Ex parte application

The required attempt to determine whether opposing counsel will oppose an ex parte application must be made by telephone, not by written notice.

A party making an ex parte application must, inter alia, '[a]ttempt to determine whether the opposing party will appear to oppose the application.' (Cal. Rules of Court, rule 3.1204(a)(2).) The Court does not consider written notice asking the opposing party to inform the moving party of the opposing party’s intentions to be sufficient to satisfy that rule. Instead, the attempt should be made by telephone.

Applies to

Osc response declaration

A party subject to an OSC for failure to serve must check the court’s online record and must not rely on memory or a personal file.

Examine the clerk’s on-line record regarding the status of the defendants or cross-defendants named in your complaint, cross-complaint, or complaint in intervention. Do not rely either on your memory or on your file.

Applies to

Osc response declaration

When the court’s OSC is based on an allegedly missing proof of service, the declaration must identify the date that proof was timely filed.

If the Court is mistaken, the declaration should state the date on which the proof of service was timely filed.

Applies to

Osc response declaration

The OSC response declaration must identify every Serve Required/Served party and separately explain the clerk’s error or good cause for each.

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 the defendant or take the default.

Applies to

Osc response declaration

OSC responses should not attach copies of already-on-file documents; the response must instead supply the date each filing occurred.

The Court does not need, and does not want, another copy of the proof of service, answer, default, or dismissal itself. If such a document has indeed been filed, then the Court can examine it in the Court’s database so long as you provide the date on which it was filed.

Applies to

Osc response declaration

A good-cause declaration for failure to serve must provide five specific details: naming date, service effort dates, nature of efforts, results, and follow-up steps.

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.

Applies to

Declaration in response to order to show cause

A declaration responding to an OSC must explain the decision if an extension longer than 15 days permitted under CRC Rule 3.110(d) was granted.

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.

Applies to

Joint statement

Must include

certificate of conference

A separate or unilateral joint statement will not be considered unless accompanied by a declaration showing reasonable, good-faith diligence in working with opposing counsel to prepare the required joint pleading.

the Court will not consider a “separate statement” or unilateral joint statement, unless it is accompanied by a declaration demonstrating reasonable, good faith, diligence in working with the opposing party to prepare the required joint pleading.

Applies to

Stipulation

Because court reporters are unavailable, all stipulations must be submitted to the court in writing.

As a result of the unavailability of court reporters, all stipulations must be submitted to the court in writing.

Applies to

Pretrial order

The trial document must include a list of exhibits that can be admitted without foundation, exhibits requiring further foundation (with description and proffering party), a trial time estimate, and a witness list with anticipated testimony and direct/cross-examination time estimates.

(e) Exhibits that can be admitted without foundation; (f) Exhibits requiring further foundation, including a description of the exhibit and identifying the proffering party (not including impeachment exhibits); (g) Time estimate for trial; and (h) List of witnesses each party intends to call, a short description of anticipated testimony, and time estimates for direct and cross-examination (not including impeachment witnesses).

Applies to

Jury instructions

Jury instruction disputes must be presented to the court with both sides' proposed language and supporting authority.

Any disputes in instruction content must be outlined to the court, specifying the differences in both sides’ proposed language and authority for it.

Applies to

Official court reporter request

A fee-waived party in an unlimited civil case must make the official court reporter request using Judicial Council Form FW-020.

In unlimited civil proceedings, a party who has received a fee waiver may request an official court reporter pursuant to California Rules of Court, rule 2.956(b)(3) at least 10 calendar days prior to a trial or hearing by submitting Judicial Council Form FW-020.

Applies to

Privately retained court reporter form

When filing for a privately retained court reporter, parties must file either local form RI-RE003 or local form RI-RE005 with the Court at least 5 days before the 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).

Applies to

Idc request

Informal discovery conference requests must be jointly submitted by all counsel and must include the disputed issues, contact information for all participating counsel, and three proposed conference dates and times.

The request must be submitted jointly by ALL counsel, and must contain ALL of the following information: 1. 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 page per side; 2. Contact information for all counsel who will be participating in the discovery conference, including email address and telephone number. 3. 3 proposed dates and times during which all counsel will be available for a telephonic/video conference with the court.

Applies to

Motions in limine

It is unnecessary to file motions in limine addressing ten enumerated categories of otherwise-certain evidence and damages issues.

It is also unnecessary to bring MILs to address any of the following issues: 1. Whether a party is now or was formerly insured against any type of loss or liability—that a party which had formerly been covered shall continue to be covered—nothing; 2. Except as permitted by Civil Code section 3333.1 (collateral benefits medical malpractice), or as relevant to the issues of medical expenses under Howell v. Hamilton Meats & Provisions, Inc (2011) 52 Cal.4th 541 and related cases, any damages benefits received by the plaintiff; 3. The retention of counsel by an insurance company, unless the insurance company is the party to an action; 4. Settlement negotiations, mediation efforts, statements made during or in reference to these events, or documents prepared for or during any of these events; 5. The existence of the terms of settlement agreements made with other parties, or payments made pursuant to those agreements; 6. Unless punitive damages are being sought, the income, compared to their wealth or financial condition of any of the parties; 7. Any other past or current litigation involving the parties or claims by or against the parties, however, an expert witness may be examined about the number of cases in which the expert has been consulted by or testified for a party; 8. Whether a party or a party’s representative was present or absent during the trial—counsel may argue the effect of any party’s failure to testify or to offer particular evidence; 9. Any party’s attorney’s fees, costs of suit, and other litigation expenses except where these items are an outside of damages, however, an expert witness may be examined regarding the fee charged by the expert for the expert’s testimony; 10. If the plaintiff is claiming economic damages in the form of past medical expenses satisfied by an insurer, evidence of those damages is limited to the amount paid by the insurer and accepted by the healthcare provider in full satisfaction of that provider’s invoice.

Applies to

Case management statement

The CMS should list each specific form of discovery contemplated rather than merely stating "all discovery."

A list of each form discovery contemplated is helpful. A CMS that simply states “all discovery” is not.

Applies to

Case management statement

The CMS should give month-and-year completion estimates for each discovery item; vague responses like "pending" or "TBD" are not helpful.

An estimate of the month and year that each item of discovery is likely to be completed is helpful. By contrast, responses such as “pending,” “on-going,” “TBD,” “per code,” and “before trial” are not.

Applies to

Second cms

A second CMS is not required unless the Court orders it (typically for an incomplete initial CMS) or there is a material change in the relief sought.

A party is not required to file a second CMS unless: a. The Court orders the party to do so, which the Court will do if the first CMS is incomplete; or b. There has been a material change in either the nature or the amount of the relief sought.