Judge Joseph T. Ortiz
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Joint Report
Civil Unlimited Complaint
Court-wide- 1 copy
Adjournments
- A continuance of the initial case management conference may be jointly requested by submitting a stipulation and proposed order directly to Department S-17 no later than five court days before the hearing.
Communication
Clerk7 contacts
- (909) 708-8678
- (909) 521-3085
- (909) 708-8853
- (909) 521-3447
- (909) 708-8756
- (909) 285-3753
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- (760) 269-4869
Other Contacts1 contacts
- jgarcez@sb-court.org
Page & Word Limits2 rules
The joint informal discovery conference statement may not exceed five pages.
The parties will submit a joint IDC statement outlining the impasse that is no more than five pages long.
Joint Idc Statement
5 pages
Counsel should lodge, rather than file, a one-page statement identifying the issues in dispute.
counsel (either jointly or separately) should lodge (not file) a one page statement of the issues in dispute in Department S-17
Statement Of Issues
1 pages
Document Format Requirements3 rules
At least four identical sets of exhibits must be brought for the clerk, opposing party, witness stand, and bench, with the bench copy provided by the Trial Readiness Conference.
Bring at least four sets of the same exhibits: (1) original for the Clerk, (2) one for opposing party; (3) one for the witness stand, and (4) one for the bench. A copy for the bench must be provided no later than at the Trial Readiness Conference.
The exhibit list and exhibits must be placed in three-ring binders.
Exhibit List & Exhibits shall be placed in 3-ring binders.
The proposed jury instructions must also be provided in WORD format on a flash drive.
In addition, please provide the proposed instructions in WORD format on a flash drive.
DOCX
Document Filing Requirements17 rules
A complete joint witness list is required for jury and court trials.
A complete JOINT Witness List. (Jury & Court Trials).
Document Type
Joint Witness List
Special instruction requests must be submitted both as a working copy citing case or statutory authority and as a clean CACI-formatted copy ready for the jury.
Any special requests of instructions, must be provided in two formats. First, a working copy with recitation to case or statutory authority; the other, a clean copy in a CACI format ready to go to the jury.
Document Type
Jury Instructions
Plaintiff must submit jury instructions with a generic pleading cover sheet and an itemized list of CACI and special instructions, together with the verdict forms.
Jury Instructions (with a generic pleading cover sheet and itemized list of CACI Instructions and Special Instructions) and Verdict(s) shall be submitted by Plaintiff.
Document Type
Jury Instructions And Verdict Forms
A joint statement of the case is required, and the parties must meet and confer regarding it.
A JOINT Statement of the Case. This also requires parties to meet and confer.
Document Type
Joint Statement Of The Case
A complete joint exhibit list and the exhibits are required for jury and court trials, and the parties must meet and confer about them.
A complete JOINT Exhibits List & Exhibits. (Jury & Court Trials). This requires parties to meet and confer.
Document Type
Joint Exhibit List
Defendant's jury instructions must be filed on the first day of trial and may include only additional requested instructions and objections to Plaintiff's proposed instructions.
Defendant's jury instructions are due filed on the first day of trial and should only include the additional instructions requested and a list of objections to any of Plaintiff's proposed instructions.
Document Type
Jury Instructions
A request to continue the initial case management conference must include a stipulation and proposed order filed directly in Department S-17 rather than with the clerk.
Such a request should be made by submitting a Stipulation and Proposed Order to the Court, filed directly in Department S-17 (not in the clerk's office), no later than five court days before the scheduled hearing.
Document Type
Stipulation And Proposed Order
If counsel agree to stay formal proceedings, each defendant must file either a Notice of General Appearance or, when challenging personal jurisdiction, a Notice of Special Appearance.
If, however, counsel agree to stay formal proceedings to facilitate settlement discussions or for other reasons, each defendant is directed to file either a Notice of General Appearance or a Notice of Special Appearance (if counsel intends to challenge personal jurisdiction).
Document Type
Notice Of Appearance
The joint report's service list must identify all primary and secondary counsel and their firm names, addresses, telephone numbers, email addresses, and fax numbers.
A service list (the service list should identify all primary and secondary counsel, firm names, addresses, telephone numbers, email addresses, and fax numbers for all counsel.)
Document Type
Service List
The joint report must address complex-case status, possible additional parties, a service list, and whether electronic service should be ordered.
The joint report must include the following:
Document Type
Joint Report
Counsel must meet and confer and prepare a joint report for the initial case management conference; separate party reports and Judicial Council form CMC statements are not allowed.
Counsel are ordered to meet and confer, in person or by telephone or video conference, and to prepare a joint report for the initial CMC, to be filed in advance of the conference date.
Document Type
Joint Report
Counsel must submit a joint report for every case-management conference after the initial conference.
Counsel must submit a joint report for each conference after the initial CMC.
Document Type
Joint Report
The two instruction sets and the verdict form must have a case-caption-only cover sheet without firm attribution.
They are to have a case caption only without any firm attribution.
Document Type
Jury Instructions And Verdict Forms
The listed trial documents are mandatory except that the trial brief is optional for jury trials.
All of the above-listed items are MANDATORY, except for the trial brief, which is optional for jury trials.
Document Type
Trial Brief
The joint report must state whether the court should require electronic service, and counsel should advise the court of any preferred web-based electronic service provider.
Whether the court should issue an order requiring electronic service. Counsel should advise the court regarding any preferred web-based electronic service provider;
Document Type
Joint Report
Each subsequent joint report should address progress since the last conference, future work, and how the court can help move the case toward resolution.
The report should address how the case has moved forward since the last conference, what needs to be accomplished in the future, and how the court can assist the parties move the case towards resolution.
Document Type
Joint Report
A party seeking a transcript must retain a private reporter and submit the Stipulation and Order to Use Certified Shorthand Reporter.
Parties who wish to have a transcript must retain their own private reporter and must submit a "Stipulation and Order to Use Certified Shorthand Reporter."
Document Type
Stipulation And Order To Use Certified Shorthand Reporter
Filing & Service rules
Filing Timing and Cure Windows
The joint report must be filed through the Clerk's office before the hearing, and one courtesy copy must be submitted directly to Department S17 to ensure timely receipt.
The joint report must be filed in the regular course in the Clerk's office in advance of the hearing, but to assure that the report is timely received in the department, a courtesy copy of the report will be submitted directly into Department S17.
Page 4 | THE JOINT REPORT
Stipulations continuing conferences or hearings must be filed directly with the court in Department S-17 at least five court days before the scheduled conference or hearing, rather than in the Clerk's office.
Any stipulations to continue conferences or other hearings throughout this litigation must be filed with the court directly in Department S-17 (not in the Clerk's office), no later than five court days before the conference or hearing date.
Page 6 | JOINT REPORT
Subsequent joint reports must be filed through the ordinary Clerk's Office process before the conference hearing.
As with the initial report, subsequent joint reports must be filed in the regular course in the Clerk's office in advance of the hearing
Page 7 | JOINT REPORTS FOR SUBSEQUENT CONFERENCES
The statement of disputed issues must be lodged no later than the day before the informal discovery conference.
no later than the day before the IDC.
Page 7 | INFORMAL DISCOVERY CONFERENCES
Service and Proof of Service Rules
Any written motion in limine must comply with SBC LR 415 and be served on the opposing party eight days in advance.
Motions In Limine in writing, if any, and in compliance with SBC LR 415. (See Kelly v. New West Financial Services, 49 CA 4th 659.) Motions in limine must be served on opposing party 8 days in advance.
Page 1 | TRIAL SETTING ORDERS FOR DEPARTMENT S17
Plaintiffs' counsel must serve the order on each defendant's counsel, or directly on each defendant if counsel is unknown, within ten days of appearance; failure may result in monetary sanctions.
Plaintiffs' counsel is ordered to serve this Order on counsel for each defendant or, if counsel is not known, on each defendant within ten days of appearance. Failure to serve this order may result in the imposition of monetary sanctions.
Page 2 | SERVICE OF THIS ORDER
Courtesy Copy Requirements
One courtesy copy of the joint report must be submitted directly to Department S17.
a courtesy copy of the report will be submitted directly into Department S17.
Page 4 | THE JOINT REPORT
Courtesy copies of subsequent joint reports should be delivered directly to Department S17 so the department receives them timely.
but to assure that the reports are timely received in the department, courtesy copies should be submitted directly into Department S17.
Page 7 | JOINT REPORTS FOR SUBSEQUENT CONFERENCES
Pre-Motion Conference Requirements
A party must request an informal discovery conference with the court before filing a discovery motion.
Motions concerning discovery cannot be filed without first requesting an informal discovery conference (IDC) with the court.
Page 7 | INFORMAL DISCOVERY CONFERENCES
Briefing is prohibited at an IDC, but counsel should jointly or separately lodge a one-page statement of disputed issues in Department S-17 by the day before the conference.
No briefing is allowed for the IDC, but counsel (either jointly or separately) should lodge (not file) a one page statement of the issues in dispute in Department S-17 no later than the day before the IDC.
Page 7 | INFORMAL DISCOVERY CONFERENCES
Parties must meet and confer to impasse on a discovery dispute before seeking an informal discovery conference, and failure to do so may result in removal of the conference from the calendar.
Parties are, however, required to meet and confer to impasse on the discovery dispute prior to seeking an IDC. Failure to meet and confer will result in the IDC being taken off calendar per Local Rule 560.
Page 1 | ORDER RE INFORMAL DISCOVERY CONFERENCES
Informal discovery conferences are conducted by Zoom, with in-person attendance permitted only when all counsel appear in person.
IDCs are conducted by remote video conference, using Zoom. In-person attendance at the IDC is permissible only if all counsel are appearing in person.
Page 7 | INFORMAL DISCOVERY CONFERENCES
All informal discovery conferences are conducted off the record.
All IDCs are off the record.
Page 7 | INFORMAL DISCOVERY CONFERENCES
If all counsel agree, a remote conference may address matters beyond discovery, remains off the record, and will not result in orders unless all parties agree.
If all counsel agree, remote conferences are not limited to discovery issues; counsel may address other matters with the court, with the understanding that the conferences are off the record and that the court will make no orders absent agreement among the parties.
Page 8 | INFORMAL DISCOVERY CONFERENCES
Adjournment & Extension Requirements
A continuance of the initial case management conference may be jointly requested by submitting a stipulation and proposed order directly to Department S-17 no later than five court days before the hearing.
Counsel for all parties are ordered to attend the initial CMC. If there are defendants who have not yet made a general or special appearance, those parties who are presently before the court may jointly request a continuance of the initial CMC to allow additional time for such non-appearing defendants to make their general or special appearances. Such a request should be made by submitting a Stipulation and Proposed Order to the Court, filed directly in Department S-17 (not in the clerk's office), no later than five court days before the scheduled hearing.
Page 2 | THE INITIAL CASE MANAGEMENT CONFERENCE
Chambers Communication Rules
The completed stipulation may be emailed to Department S-17 at jgarcez@sb-court.org before the hearing.
Prior to the hearing, you can email the completed Stipulation to Department S-17 at jgarcez@sb-court.org.
Page 9 | ZOOM APPEARANCES