Riverside Superior Court Filing Timing and Cure Windows

CRITICALCivil cases

Motions in limine must be filed on or before 4:00 p.m., 15 days before trial.

Motions in limine shall be filed with the court and served so opposing counsel receives them on or before 4:00 p.m. 15 days prior to the date of trial.

CRITICALCivil cases

Oppositions to motions in limine must be filed by 4:00 p.m., at least 10 days before the date of trial.

Oppositions to all motions in limine shall be filed with the court and served so opposing counsel receives them by 4:00 p.m. at least 10 days prior to the date of trial.

CRITICALCivil cases

All counsel and self-represented parties must check-in at least 15 minutes in advance of each appearance at trial and must ensure that, if appearing remotely, their video and audio connection to the Court is in working order. Any technological problems must be immediately reported to the courtroom assistant. Failure to timely appear, or failure to notify the Court of exigent circumstances delaying your appearance, may result in the trial moving forward without counsel or self-represented parties.

All counsel and self-represented parties must check-in at least 15 minutes in advance of each appearance at trial and must ensure that, if appearing remotely, their video and audio connection to the Court is in working order. Any technological problems must be immediately reported to the courtroom assistant. Failure to timely appear, or failure to notify the Court of exigent circumstances delaying your appearance, may result in the trial moving forward without counsel or self-represented parties.

CRITICAL

The Court will not deem filed any motion that has not been properly filed.

The Court will not “deem filed” any motion that has not been properly filed.

CRITICALCivil cases

A denial statement is not an invitation to resubmit; repeat ex parte applications are governed by Code of Civil Procedure section 1008, and a denied application may not be refiled without compliance.

When denying an ex parte application, the Court will usually state the reasons for that denial. That statement is designed to demonstrate that the application has been read and considered. It is not an invitation to submit an amended application. Like repetitive motions, repetitive ex parte applications are subject to the restrictions of Code of Civil Procedure section 1008. If your ex parte application has been denied, do not re-file a substantially similar application without complying with section 1008.

CRITICALCivil cases

Applies to

Trial documents

All trial documents must be filed by 8:30 a.m. the Monday before trial.

All trial documents must be filed by 8:30 a.m. the Monday before trial.

CRITICALCivil cases

Applies to

Deposition transcript

Deposition transcripts to be read or referenced at trial must be lodged with the court by 8:30 a.m. the Monday before trial.

Deposition transcripts that may be read or referred to at trial must be lodged with the court by 8:30 a.m. the Monday before trial starts.

CRITICAL

A party reading from a deposition transcript must lodge the original transcript in digital format with the court by 9:30 am on the day the witness testifies.

Any party who intends to read from a deposition transcript during trial shall lodge the original transcript (in digital format) with the court no later than 9:30 am on the day the witness is scheduled to testify.

CRITICAL

The Court will not deem a motion filed if it has not been properly filed.

The Court will not “deem filed” any motion that has not been properly filed.

CRITICAL

Final jury instructions must be emailed to the Court at dept5@riverside.courts.ca.gov by 12:00 p.m. the day before closing argument, unless the Court orders otherwise.

The final jury instructions, including form and special, as stipulated or otherwise ruled on shall be emailed by the parties to the Court at dept5@riverside.courts.ca.gov the day prior to the start of closing argument by no later than 12:00 p.m., unless otherwise ordered by the Court.

CRITICAL

When a Statement of Decision is requested, all parties must submit a Summary of the Evidence to the court by the day after evidence presentation concludes.

If either party requests a Statement of Decision, counsels and self-represented litigants for both sides must submit to the court at the end of presentation of all evidence, a Summary of the Evidence introduced during the trial by no later than the day following the conclusion of the presentation of evidence. Failure to provide a Summary of the Evidence may result in an Order to Show Cause re Sanctions.

CRITICAL

Parties who wish to request oral argument on a tentative ruling must notify the Judicial Secretary and all other parties by 4:30 p.m. the day before the hearing.

To request oral argument, parties must notify Judicial Secretary Vanessa Siojo at (760) 904-5722 and inform all other parties by 4:30 p.m. the day prior.

CRITICAL

Pre-trial documents (joint statements, exhibit and witness lists, jury instructions, verdict forms, and motions in limine binder) are due by 9:30 a.m. on the trial date; noncompliance costs $250 per missing document per day.

following documents are due by 9:30 a.m. on the date set for trial: • Joint Statement of the Case • Joint Exhibit List (noting any stipulations as to authenticity, admissibility, or both; exchange all exhibits 14 days before trial; excludes impeachment evidence) • Joint Witness List (with time estimates as to each witness’s direct, cross, and re- direct) • Jury Instructions (Joint; Plaintiff’s; Defendant’s) • Joint Verdict Form(s) • Motions in Limine Binder (with oppositions) Failure to comply delays voir dire and may incur $250 per missing document per day.

CRITICAL

The final verdict form must be emailed to the Court at dept5@riverside.courts.ca.gov under the same requirements as jury instructions (by 12:00 p.m. the day before closing argument), except no index is required.

The final verdict form as stipulated or otherwise ruled on shall be emailed by the parties to the Court at dept5@riverside.courts.ca.gov under the same requirements as for jury instructions above, except the index.

WARNINGCivil cases

Noticed motions will not be heard on Fridays except for motions to continue a trial scheduled to begin that Friday.

Noticed motions are not heard on Fridays unless they are motions to continue a trial scheduled to begin on that Friday.

WARNINGCivil cases

Counsel must appear telephonically at motion hearings.

Counsel shall appear at hearings on motions telephonically.

WARNINGCivil cases

Ex parte applications are heard on weekday mornings except Fridays, unless seeking a Friday trial continuance.

Ex parte applications are heard at 8:30 A.M. Monday through Thursday. Ex parte applications are not heard on Fridays unless the application seeks a continuance of a trial set to begin that Friday.

WARNING

Deposition transcripts being read at trial must be lodged (original certified copy) on the first trial day.

Deposition transcripts must be lodged (original certified copy) on the first trial day if being read.

INFO

Ex parte applications are heard Monday through Friday at 8:30 am, and the Court may decide them without a hearing.

Ex Parte applications will be heard Monday through Friday at 8:30 am. The Court may exercise its discretion to deny or grant an ex parte application without a hearing.

WARNING

Parties with previously submitted motions or documents that remain unresolved must re-file them.

Any party that has previously submitted proposed orders, motions, or other documents that have not been resolved shall be re-filed

CRITICAL

A written response to an Order to Show Cause must be filed at least 5 days before the hearing.

Counsel and self-represented litigants must comply with Local Rule 3116, which provides that a written response to any OSC be filed with the Court at least 5 days in advance of the hearing

CRITICAL

The Case Management Statement must be filed at least 10 days before the case management conference.

The Case Management Statement shall be filed at least 10 days prior to the case management conference.

CRITICAL

Parties selected for the First Friday Settlement Conference must contact the settlement conference officer within 10 days to schedule the virtual conference.

Parties will be ordered to contact the settlement conference officer within 10 days to schedule a virtual settlement conference, which conference will be conducted over video or telephonic media, depending on arrangements made directly with the settlement officer.

CRITICALCivil cases

Relief from a jury-fee forfeiture must be requested by a noticed motion heard at least 21 days before the first trial date.

Any request for relief from a forfeiture of the right to a jury trial must be brought in the form of a noticed motion to be heard no later than 21 days before the date first set for trial.

CRITICALCivil cases

Parties opposing dismissal or sanctions must file a written declaration responding to the OSC no later than five court days before trial.

Any plaintiff, cross-complainant, or plaintiff in intervention who opposes the dismissal of that defendant or cross-defendant or the imposition of sanctions shall respond to the OSC with a written declaration filed not later than five court days before the trial date.

CRITICAL

Parties must complete the First Friday settlement conference by a date certain; failure to do so (or to contact the officer) results in an Order to Show Cause re sanctions of up to $1500 jointly and severally.

Parties will also be ordered to complete the settlement conference by a date certain. Failure to contact the settlement officer or complete the settlement conference by the specified completion date will result in an Order to Show Cause re sanctions and sanctions of up to $1500 may issue jointly and severally as against counsel and parties.

CRITICALCivil cases

Parties retaining a private court reporter must file form RI-RE003 or RI-RE005 with the Court at least 5 days before any hearing.

Per this policy, parties must file with the Court at least 5 days prior to any hearing either: (1) local form RI-RE003 (Court-Approved List of Official Reporters Pro Tempore); or (2) Local form RI-RE005 (stipulation to a court reporter that is not on the Court-Approved list).

CRITICAL

Defendants and cross-defendants must respond in writing to settlement demands no later than 7 days before the MSC.

Not later than 7 days before the MSC, every defendant and cross- defendant who received a settlement demand in accordance with the prior paragraph shall send a written response to that demand to the party that sent that demand. If the response includes a settlement offer, the response shall state both the amount of the offer and the manner in which it was

CRITICAL

Counsel and self-represented parties must meet and confer and file a declaration at least 10 days before the trial setting conference.

In advance of any trial setting conference, counsel and self-represented parties are ordered to meet and confer in person, by telephone, or by video, and to prepare and file a declaration at least 10 days in advance of the trial setting conference addressing all of the following:

CRITICALCivil cases

Plaintiffs and cross-complainants must file requests to dismiss non-appearing or unserved defendants no later than 7 days before trial.

No later than 7 days before the trial date, the plaintiffs and any cross-complainants or plaintiffs-in-intervention shall file requests to dismiss: (1) Any defendant or cross-defendant who has not appeared and for whom no proof of service has been filed; and (2) Any defendant or cross-defendant who has been served but who has not appeared and whose default has not been entered.

CRITICAL

Plaintiffs, cross-complainants, and plaintiffs in intervention must send written settlement demands no later than 24 days before the MSC.

Not later than 24 days before the MSC, the plaintiffs shall send written settlement demands to each defendant with whom the plaintiffs have not yet reached a settlement, describing both the amount of the demand and the manner in which it was calculated. By the same date, every cross-complainant, and every plaintiff in intervention that is seeking affirmative relief, shall send such written ===== PAGE 10 ===== settlement demands to each and every cross-defendant and defendant in intervention with whom they have not

CRITICALCivil cases

A stipulated continuance under CCP 595.2 does not itself extend discovery, discovery, or dispositive-motion deadlines; those deadlines still run from the original trial date absent good cause.

Section 595.2 permits a continuance of the trial without cause, but it does not confer the right to an extension of pretrial deadlines for discovery, dispositive motions, etc., without good cause. Therefore, without a showing of good cause, the deadlines will continue to be measured from the initial trial date.

CRITICALCivil cases

Any request to excuse any attorney, party, or insurance claims professional from personally participating in the MSC should be: a. Presented to Department 1 at least 10 days before the MSC.

Any request to excuse any attorney, party, or insurance claims professional from personally participating in the MSC should be: a. Presented to Department 1 at least 10 days before the MSC.

CRITICALCivil cases

Applies to

Entry of default

Plaintiffs and cross-complainants must request entry of default no later than 10 days after the time for service of the responsive pleading has elapsed.

California Rules of Court, rule 3.110(g), requires plaintiffs and cross- complainants to request entry of default no later than 10 days after the time for service of the responsive pleading has elapsed. The Court expects counsel to comply with this rule. The failure to comply will result in the issuance of an OSC why sanctions should not be imposed, in the continuance of the CMC, or in both.

CRITICALCivil cases

Applies to

Case management statement

Parties must file a Case Management Statement on Form CM-110 no later than 15 days before the CMC.

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. The Court expects counsel to comply with this rule. The failure to comply will result in an OSC why sanctions should not be imposed for the failure to file a timely CMS and in the continuance of the CMC.

CRITICALCivil cases

i. Any request for a continuance must be made as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, rule 3.1332(b).) Therefore, the request should state when the applicant discovered the circumstances that allegedly show that a continuance is necessary.

i. Any request for a continuance must be made as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, rule 3.1332(b).) Therefore, the request should state when the applicant discovered the circumstances that allegedly show that a continuance is necessary.

CRITICAL

The written stipulation must be filed no later than 10 days before the Trial Readiness Conference or Trial Setting Conference, or 10 days before trial if no such conference is scheduled.

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

Exhibits must be pre-marked and exchanged at least 10 days before the trial date unless the court directs otherwise.

Unless otherwise ordered by the court, all exhibits shall be pre-marked and exchanged 10 days before the day of trial.

CRITICAL

A written response to an Order to Show Cause must be filed with the Court at least 5 days in advance of the hearing.

If an OSC is set by the Court, litigants must comply with local rule 3116, which provides that a written response to any OSC be filed with the Court at least 5 days in advance of the hearing.

CRITICALCivil cases

Deadline

10 court days

The TSC declaration must be prepared and filed at least 10 court days in advance of any TSC.

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

CRITICALCivil cases

Applies to

Impeachment exhibits

Impeachment exhibits must be provided to the court no later than the trial date.

Such evidence must be provided to the court no later than the trial date.

CRITICALCivil cases

Deadline

5 court days

A written response to any OSC must be filed at least five court days in advance of the hearing.

If an OSC hearing is set by the court, litigants must comply with local rule 3116, which provides that a written response to any OSC be filed at least five court days in advance of the hearing.

CRITICAL

Discovery motions must be heard at least 15 days before the date initially set for trial.

Discovery motions must have been heard at least 15 days before date initially set for trial. CCP §2024.020(a).

CRITICAL

Deadline

0 court days

Ex parte applications and supporting documents must be filed by 11:00 a.m. on the preceding court day; later filings are continued to the next court day.

1.2 The ex parte application and all supporting documents must be filed no later than 11:00 a.m. on the court day preceding the hearing. Applications filed after that time will be continued to the next court day.

CRITICAL

Deadline

3 court days

The joint IDC brief must be filed at least three court days before the IDC.

c. The parties must file a joint IDC brief, not exceeding three pages, at least three court days before the IDC.

CRITICAL

For bench trials, each side must provide the Court, at least five days before the trial date, detailed proposed Findings of Fact and Conclusions of Law.

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

CRITICAL

The trial-setting declaration must be filed at least 10 days before the trial setting conference.

prepare and file a declaration at least ten (10) days in advance of the trial setting conference

CRITICAL

Any party that intends to request a Statement of Decision must notify the court, either in writing via declaration filed at least five (5) days prior to the Friday set for trial or orally on the Friday set for trial, of such intent.

Any party that intends to request a Statement of Decision must notify the court, either in writing via declaration filed at least five (5) days prior to the Friday set for trial or orally on the Friday set for trial, of such intent.

CRITICAL

Deadline

3 court days

The joint IDC brief must be filed 3 court days before the Informal Discovery Conference.

File a joint IDC brief (3 pages max) three court days before the IDC.