Court Rules

Court-wide rules

Applies court-wide

These 248 rules apply across San Bernardino Superior Court. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 129
  • Applies to
    Form GC-010

    Counsel seeking inclusion on the Probate court appointed counsel list must complete and submit Form GC-010, with a new form due by March 31 of the following year and each subsequent year.

  • Applies to
    Financial evaluation form

    A person furnished appointed defense services in a criminal case must complete and submit a court financial evaluation form upon appointment.

  • Applies to
    Complaint

    A civil action filed in the court must include a Certificate of Assignment form attached to the complaint or petition.

Filing Timing

All 36
  • Deadline
    5 business days

    IFHMB must receive the mediation request form at least five business days before the court-noticed mediation date.

  • The parties must immediately notify the court and file the Notice of Settlement after settling the case.

  • The Notice of Status of Removed Case must be filed no later than 15 days before the case-management or trial-setting conference.

Service

All 33
  • Applies to
    Mediation brief
    Service
    Email

    An elected mediation brief must be emailed to the two identified IFHMB addresses at least five days before mediation.

  • Applies to
    Initial trial setting conference statement

    The Initial Trial Setting Conference Statement must be served no later than 10 days before the conference.

  • Applies to
    At issue memorandum

    The At Issue Memorandum must be served no later than 15 days before the trial setting conference.

Adjournments

All 13

  • A continuance of the first-set trial date must be requested by a written stipulation of all parties, without an ex parte application, filed at least 15 days before the trial date.

  • Requests for continuances are governed by California Rule of Court, Rule 3.1332.

  • A party seeking a continuance or not intending to proceed must notify the Judicial Assistant and opposing counsel as soon as possible and no later than 4:30 p.m. on the second court day before the hearing.

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View all San Bernardino Superior Court rules
About Judge David E. Driscoll

Department S22, San Bernardino Justice Center, 247 W. Third Street, San Bernardino, CA. 92415

Common questions about Judge David E. Driscoll's rules

Are courtesy copies required for Judge David E. Driscoll?

Courtesy-copy rule applies for joint witness lists. Details: 2 copies. An original and two copies of the joint witness list must be filed with the court at the Readiness Calendar.

View ruleSource: page 1, section Witness and Exhibit Lists

Does Judge David E. Driscoll require a pre-motion conference or letter before filing a motion?

Judge David E. Driscoll's rules set a pre-motion procedure for discovery. The propounding and responding parties must attend the IDC telephonically without CourtCall, while attendance is optional for other parties not involved in the dispute.

View ruleSource: page 1, section THE COURT ORDERS THE FOLLOWING

What must be included with IDC statement filings before Judge David E. Driscoll?

The rule identifies required filing content or certificates. Each party must file its IDC statement directly in Department 22 no later than two court days before the conference, describing all counsel meet-and-confers with particularity and reporting the progress in narrowing the disputed requests.

View ruleSource: page 2, section THE COURT ORDERS THE FOLLOWING

What must be included with motion in limine filings before Judge David E. Driscoll?

The rule identifies required filing content or certificates. Motions in limine must be filed when the case is assigned to trial at the Readiness Calendar.

View ruleSource: page 1, section Trial Readiness Conference

How may parties contact Judge David E. Driscoll's chambers?

The rule addresses phone communications. The rule lists phone (909) 521-3529. Parties must schedule the IDC by contacting Department 22 and appear by dialing (909) 521-3529, calling at least five minutes early.

View ruleSource: page 2, section THE COURT ORDERS THE FOLLOWING

How do I request an adjournment or extension before Judge David E. Driscoll?

Advance notice is not fully stated in the structured details. The request must include reason for request. Witness unavailability supports a continuance only if the witness was subpoenaed or beyond subpoena, had agreed to attend, and is absent because of an unavoidable emergency that counsel neither knew nor reasonably could have known when trial was set.

View ruleSource: page 1, section Continuances (Local Rule 418)

When is a filing treated as filed before Judge David E. Driscoll?

The rule addresses filing timing, filing status, or cure windows. IDC statements must be filed directly with Department 22 no later than two court days before the IDC.

View ruleSource: page 2, section THE COURT ORDERS THE FOLLOWING
Complete rules summary for Judge David E. Driscoll

The propounding and responding parties must attend the IDC telephonically without CourtCall, while attendance is optional for other parties not involved in the dispute.

Before filing any discovery motion, the moving party must schedule a telephonic informal discovery conference with all parties and the Court.

The pre-motion conference requirement covers motions to compel depositions, motions to compel document production at depositions, and objections or motions to quash business or medical records subpoenas.

The prospective moving party must contact Department 22 to schedule the IDC and give notice of the conference to all parties.

Before the IDC, the parties must meet and confer in good faith concerning disputed discovery requests, with the length and number of meetings suited to the volume or complexity of the disputes.

Each party must file its IDC statement directly in Department 22 no later than two court days before the conference, describing all counsel meet-and-confers with particularity and reporting the progress in narrowing the disputed requests.

IDC statements must be filed directly with Department 22 no later than two court days before the IDC.

Parties must schedule the IDC by contacting Department 22 and appear by dialing (909) 521-3529, calling at least five minutes early.

Witness unavailability supports a continuance only if the witness was subpoenaed or beyond subpoena, had agreed to attend, and is absent because of an unavoidable emergency that counsel neither knew nor reasonably could have known when trial was set.

A continuance for substitution of counsel is disfavored and permitted only upon an affirmative showing that substitution is required in the interest of justice.

A continuance may be allowed when the court finds the case is not ready for trial because of an unforeseen change in circumstances, parties, or court-ordered pleadings.

The Judicial Assistant may be contacted by phone at (909) 521-3529.

The Court Attendant may be contacted by phone at (909) 521-3701.

All trial exhibits must be pre-marked.

Motions in limine must be filed when the case is assigned to trial at the Readiness Calendar.

Counsel must provide a CACI jury instructions checklist on the first day of trial.

Counsel must meet and confer and separately submit any jury instructions on which they disagree.

Requested voir dire questions or mutually agreed jury questionnaires must be submitted before the first day of trial.

An original and two copies of the joint witness list must be filed with the court at the Readiness Calendar.

Counsel may request the exhibit-list template from the Judicial Assistant by emailing pguerrero@sb-court.org.

Counsel must prepare a joint exhibit book that eliminates duplication.

Counsel are encouraged, where possible, to provide flash or thumb drives in addition to exhibit books.

Audio or video transcripts and appropriate sub-exhibits must bear their primary exhibit number followed by a numerical sub-classification.

Except in an emergency, a continuance requires good cause, a properly noticed motion, and supporting declarations.

Death of a trial attorney or essential witness may constitute good cause when proximity to trial makes substitution infeasible.

A party or essential witness's illness may support a continuance, but an extended anticipated incapacity requires the person's deposition so trial can proceed on the next date.

Illness of a trial attorney or expert witness may support a continuance, but substitution may be considered based on timing, expected duration, case complexity, and substitute availability.

A trial attorney engaged in another trial may support a continuance only if the conflict was not reasonably foreseeable when the date was accepted and the court was told at least 30 days before trial that no qualified firm attorney was available and prepared.

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