Riverside Superior Court Document Filing Requirements

WARNINGCivil cases

Applies to

Case management statement

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.

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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.

WARNINGCivil cases

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”).

WARNINGCivil cases

Applies to

Osc response declaration

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

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

WARNINGCivil cases

Applies to

Case management statement

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

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

WARNINGCivil cases

Applies to

Osc response declaration

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.

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.

WARNINGCivil cases

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.

WARNING

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.

WARNING

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).

WARNING

Applies to

Joint statement

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.

WARNING

Applies to

Jury questionnaire

Party-submitted jury questionnaires must be joint or uncontested; the Court will not select among competing questionnaires.

If the parties have a questionnaire that they would like to use, it must be a joint questionnaire submitted by all parties, or a questionnaire submitted by one party to which other parties have no objections; the Court will not select among competing questionnaires.

WARNING

Applies to

Stipulation

Discovery resolutions reached at an IDC must be memorialized in a stipulation or other agreement.

The court notes that if the parties are able to resolve any discovery issues at the IDC, their resolution will need to be memorialized in a stipulation or other agreement as the court does not provide court reporters for IDCs

WARNING

Applies to

Jury instructions

Disputes in jury instruction content must be outlined to the court, specifying the differences in the parties' proposed language and the supporting authority.

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

WARNING

Applies to

Informal discovery conference request

An IDC request must be jointly submitted by all counsel and include specific discovery issues (max 1 page per side), counsel contact information, and 3 proposed dates and times between 1:00-3:00 p.m. on a Thursday or Friday, at least one week but no more than six weeks after the request.

The request must be jointly submitted 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. Counsel must stipulate to proposed times between 1:00 p.m. and 3:00 p.m., on a Thursday or Friday and must select dates that are at least one week after the date the joint request is made, and no more than six weeks after it is made.

WARNING

Applies to

FW-020

In unlimited civil proceedings, a fee-waiver party may request an official court reporter by submitting Judicial Council form FW-020 at least 10 calendar days before a trial or hearing; the court may shorten or waive the 10-day requirement for good cause.

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.

WARNING

Applies to

Trial documents

Parties must prepare the joint trial documents required by Local Rule 3401, including pretrial statement, witness list, exhibit list, BATES-stamped exhibits, MILs, trial brief, and jury instructions.

All parties must comply with Riverside Superior Court 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

WARNINGCivil cases

Applies to

Deposition transcript

Deposition transcripts must be original/certified unless all parties agree, and a PDF copy must be included in trial exhibits if counsel will show the court any portion.

Absent an agreement of all counsel/parties, the transcripts must be original/certified. If counsel intends to show the court any portion of the deposition, a PDF copy of the deposition must be included in the trial exhibits.

WARNING

Applies to

Exhibits

Exhibits referenced at trial must be moved into evidence by the end of that trial day.

Exhibits must be moved into evidence by the end of the trial day they are referenced.

WARNING

Applies to

Informal discovery conference request

The joint IDC request must propose three dates (on a Thursday or Friday) when all counsel are available for a remote conference with the Court.

The joint request must include three proposed dates during which all counsel will be available for a remote conference with the Court. Counsel must stipulate to proposed dates on either a Thursday or a Friday.

WARNING

Applies to

Notice of lead counsel

In cases with multiple separately represented defendants, defense must advise the Court in writing of which counsel will take the lead in examining witnesses.

If there are multiple defendants who are separately represented, defense shall, prior to the first witness taking the stand, advise the Court in writing of which defense counsel will take the lead (a) in cross-examining each of the plaintiff’s witnesses and (b) in examining each defense witness.

WARNING

Applies to

Proposed findings conclusions

Proposed Findings of Fact and Conclusions of Law for bench trials must include all elements of each Cause of Action alleged by the Plaintiff.

For bench trials, each side shall provide the Court, at least five (5) days prior to the date set for trial, a detailed proposed Findings of Fact and Conclusions of Law that shall include all elements of each Cause of Action alleged by Plaintiff and the basis

WARNING

Applies to

Jury instructions

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.

The instructions shall appear in the following order: Any instructions from CACI Nos. 5000 through 5008 shall be at the beginning; any instructions from CACI No. 5009 et seq. shall be at the end; and all other instructions shall be in the middle. The text of instructions from CACI 100 series shall also be included.

WARNING

Applies to

Special instructions

Proposed special jury instructions must include the instruction text, the requesting party, and a citation to supporting authority.

Proposed special instructions shall include the text of the instruction, the party requesting that instruction, and a citation to the authority supporting that instruction.

WARNING

Applies to

Exhibits

At the end of each trial day, counsel must confer with the clerk to confirm that their understanding of that day's identified or admitted exhibits matches the clerk's records.

At the conclusion of each day of trial, counsel shall confer with the clerk to confirm that counsel’s understanding of the exhibits that have been identified or admitted that day conform to the clerk’s records.

WARNING

Applies to

Jury instructions

All jury instructions must be combined in a single word-processing file (preferably Microsoft Word), accompanied by the index of instructions in a separate word-processing file as required by CRC rule 2.1055(b)(2).

All instructions shall be combined into a single word-processing file, preferably Microsoft Word. Accompanying the instructions but in a separate word-processing file shall be the index of instructions required by California Rules of Court, rule 2.1055(b)(2).

WARNING

Applies to

Exhibits

After trial the clerk may return original exhibits to the offering counsel, who must retain them until the parties agree in writing to destroy them, any appeal (and retrial if applicable) concludes, or the appeal time expires without notice of appeal.

conclusion of the trial, the clerk may return the original exhibits marked or admitted at trial to counsel for the party or parties who offered those exhibits. If so, counsel shall retain those exhibits until one of the following events occur: o Al parties agree in writing that the exhibits may be destroyed; o Any appeal from the judgment has been finally decided and, in the event of a reversal, any retrial has concluded; or o The time for any appeal from the judgment has passed without any notice of appeal being

INFO

Applies to

Stipulation

Discovery issues resolved at an informal discovery conference must be memorialized in a stipulation or other agreement, and the Court does not provide court reporters for IDCs.

The Court notes that if the parties are able to resolve any discovery issues at the IDC, their resolution will need to be memorialized in a stipulation or other agreement as the Court does not provide court reporters for IDCs.

INFO

The parties may stipulate orally at the hearing to appear via video for ex parte matters or motions set on fewer than 5 days' notice, without a written filing.

The parties may stipulate orally at the hearing to appear via video for ex parte matters or motions set on fewer than 5 days’ notice.

INFOCivil cases

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 finished is helpful. By contrast, responses such as “pending,” “on-going,” “TBD,” “per code,” and “before trial” are not.

INFOCivil cases

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.

INFOCivil cases

Applies to

Case management statement

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

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

INFO

Applies to

Case management statement

Litigants are advised to provide detailed information in their case management statements about meet-and-confer efforts and any agreements on substantive issues, procedural issues, the discovery timeline, and the possibility of ADR.

To help the Court, litigants are advised to provide detailed information in their CMS about when and how they met and conferred (as required by the aforementioned rules) and what, if any, agreements they reached relative to substantive issues, procedural issues, the timeline for discovery, and possibility of any ADR.

INFO

Applies to

Exhibits binder

A copy of the Exhibits binder must be provided for the witness stand.

A copy of an Exhibits binder shall be provided for the witness stand.

INFO

Applies to

Transcripts

Lodged transcripts may be returned to counsel post-trial, and counsel must retain them per CCP § 2025.550(b).

Lodged transcripts may be returned to counsel post-trial; counsel must retain per CCP § 2025.550(b).

CRITICAL

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.

A list of all witnesses that the parties intend to call, including the name and a single-sentence description of the anticipated subject matter.

CRITICAL

Parties must submit a list of all exhibits they intend to introduce at trial (excluding impeachment-only exhibits), including each exhibit's number, title or brief description, and page count.

A list of all exhibits that the parties intend to introduce at trial, except those intended to be used solely for impeachment. The list shall include exhibit number, a title or other brief description, and the number of pages in the exhibit.

CRITICAL

A plaintiff must describe each claim for which it intends to offer evidence at trial, the relief sought as to each claim, and the nature and amount of each element of damages.

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 damages.

CRITICAL

Parties must submit a list of facts and issues of law that are uncontroverted and that the party is willing to agree to.

A list of facts or issues of law that the parties believe are not controverted and which the party is willing to agree.

CRITICAL

Applies to

Motion in limine

Parties must identify any motions in limine they intend to bring.

Any motions in limine that the party intends to bring.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Proposed orders must be filed with the Court, including all portions of the orders.

All proposed orders shall be filed with the Court including all portions of the order(s)

CRITICAL

In a jury trial, parties must submit a proposed statement of the case suitable for reading to the jury venire unless they have agreed to begin voir dire with brief opening statements.

In a jury trial, a proposed statement of the case suitable for reading to the jury venire unless the parties have already agreed to begin voir dire with brief opening statements.