Riverside Superior Court Document Filing Requirements

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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

CRITICALCivil cases

Applies to

Osc response declaration

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

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

CRITICALCivil cases

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.

CRITICALCivil cases

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.”

CRITICALCivil cases

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 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.

CRITICALCivil cases

Applies to

Case management statement

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.

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.

CRITICALCivil cases

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.

CRITICAL

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 Readiness 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;

CRITICAL

Applies to

Trial financial disclosures

Must include

proposed order

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) Most recent 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.

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) Most recent 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.

CRITICAL

Applies to

Trial setting declaration

Counsel must meet and confer and file a declaration at least 10 days before the Trial Setting Conference addressing trial dates, bench/jury request, and ADR; failure to file or meet and confer may result in sanctions up to $1,500.

10. Trial Setting Conference (TSC) A. 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 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

CRITICAL

Applies to

Motion in limine

Must include

proposed order

Each motion in limine must be accompanied by a proposed order.

Motions in Limine (if any) and proposed order for each

CRITICAL

Applies to

Impeachment exhibits

Impeachment exhibits must be labeled, BATES stamped, tabbed, and enclosed in a labeled envelope/package, provided to the court by trial date, with preclusion for non-compliance.

Impeachment Exhibits need not be in the exhibit binder(s). Such evidence must be provided to the court in the following manner no later than the trial date: exhibits that will be offered solely for impeachment must be labeled, organized numerically, BATES stamped, and tabbed in the manner of all other exhibits and should be enclosed in a labeled envelope or package, which need not be shared in advance with opposing parties. Failure to provide impeachment exhibits to the Court as required will result in the Court precluding their use.

CRITICAL

Applies to

Motion in limine

Motions in limine must be specific to particular evidence; generic MILs enforcing general legal principles are improper and 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 enforce 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 of generic motions are improper and will be summarily denied.

CRITICALCivil cases

Applies to

Any paper

Must include

ai disclosure

Parties and attorneys filing any paper must disclose whether AI was used in its preparation and verify the accuracy of all AI-produced work product.

Parties and attorneys filing any paper with the court—application, brief, motion, pleading, etc.—must disclose whether they have used artificial intelligence (AI) in the preparation of that paper, and must verify that they have checked the accuracy of all AI-produced work product included in the paper.

CRITICALCivil cases

Applies to

Trial documents

Must include

proposed order

All parties must comply with Local Rule 3401, which requires joint pretrial statements, joint witness and exhibit lists, BATES-stamped exhibits, requests for judicial notice, motions in limine with proposed orders, oppositions, trial briefs, and stipulations.

All parties must comply with Riverside County Superior Court Local Rule 3401, which can be found on the court’s website. Local rule 3401 requires the preparation of: o A joint pretrial statement; o A joint witness list; o A joint exhibit list; o Exhibits (BATES stamped in sequential order); o Requests for judicial notice (if any); o Motions in limine (if any) and a proposed order for each; o Oppositions to motions in limine (if any); o Trial briefs (if any); and o

CRITICALCivil cases

Applies to

Tsc declaration

Counsel must meet and confer and file a TSC declaration addressing trial availability dates, bench/jury request and trial length, and ADR participation; the court prefers a joint declaration and failure to comply may result in sanctions up to $1,500.

At least 10 court days in advance of any TSC, counsel are ordered to meet and confer and prepare and file a declaration addressing all the following: o Three available dates for trial, beginning on a Wednesday at 1:30 p.m., within three 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 three-month window, may result in the court setting a trial date without input from the parties. o Whether 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.). o Whether the parties have participated or will be participating in ADR. • The declaration may also address any other issues that are relevant to setting trial. • Note: The court strongly prefers that this declaration be jointly prepared and filed. Failure to file a declaration or to meet and confer as ordered may result in sanctions without further notice. Sanctions of up to $1,500 may issue, jointly and severally as against

CRITICAL

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).

CRITICAL

Applies to

Order to show cause response

Parties must respond in writing to orders to show cause per Local Rule 3116; failure to do so may result in sanctions.

Counsel and self-represented litigants must comply with Local Rule 3116. 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.

CRITICAL

Applies to

Motion in limine

Any request to use visual aids under Local Rule 3401 must be included in a party's motions in limine.

requirement for Exchange of Documents of any motions in limine that the party intends to bring under Local Rule 3401 as a request to use visual aids must be part of any party’s motions in limine.

CRITICAL

Applies to

Motion in limine

Requests to use visual aids in opening statement must be made in the Motion in Limine and included in the Motions in Limine Binder.

Requests to use visual aids for opening statement must be made in the Motion in Limine and included within the Motions in Limine Binder (with oppositions) required under "Pre-Trial Filings."

CRITICAL

Applies to

Motion in limine

Sanchez objections must be raised via motion in limine unless waived by stipulation.

Sanchez objections must be raised via motion in limine unless waived by stipulation.

CRITICAL

Applies to

Pretrial filings

The listed joint trial documents, jury instructions, and motions in limine binder with oppositions are due by 8:30 a.m. on the trial date.

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)

WARNING

Applies to

Stipulation

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

WARNING

Applies to

Trial setting conference declaration

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.

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.

WARNING

Applies to

Form RI RE003 or RI RE005

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.

WARNINGCivil cases

Applies to

Witness exclusion stipulation

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.

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.

WARNING

Applies to

Court reporter request

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).

WARNING

Applies to

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.

WARNING

Applies to

Trial documents

Parties must bring all trial-related documents prepared under Local Rule 3401 to the Friday trial call.

Parties shall bring all trial related documents prepared pursuant to Local Rule 3401 to the Friday Trial call.

WARNINGCivil cases

Applies to

Osc response declaration

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.

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.

WARNINGCivil cases

Applies to

Case management statement

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.

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.

WARNINGCivil cases

Applies to

Osc response 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.

WARNINGCivil cases

Applies to

Motion or application

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.

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.

WARNINGCivil cases

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.

WARNINGCivil cases

Applies to

Case management statement

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.

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.

WARNINGCivil cases

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.

WARNINGCivil cases

Applies to

Case management statement

counsel should state the estimated value of that real property.

counsel should state the estimated value of that real property.

WARNINGCivil cases

Applies to

Osc response 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

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

WARNINGCivil cases

Applies to

Case management statement

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.

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.

WARNINGCivil cases

Applies to

Case management statement

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.

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.

WARNINGCivil cases

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.

WARNINGCivil cases

Applies to

Declaration in response to order to show cause

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.

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.