San Bernardino Superior Court Document Filing Requirements

Applies to

Exhibit flash drive

The flash drive containing the exhibits must include a table of contents for the court's use.

All exhibits shall be in a digital format and saved onto a flash drive that includes a table of contents for use by the court.

Applies to

In limine motion

Any in limine motion must be submitted in writing after counsel reviews the three identified cases.

In limine motions in writing, if any. (Review these cases before submitting your MIL: R&B Auto Center vs. Farmers Group, (2006) 140 Cal. App. 4th 327, 371, Kelly v. New West Financial Services (1996) 49 Cal. App. 4th 659, and Amtower v. Phonton Dynamics (2020) 158 Cal. App. 4th 1582.

Applies to

Witness list

A complete joint witness list must be provided to the court for the Trial Readiness Conference.

Witness List. A complete JOINT witness list shall be provided to the court.

Applies to

Exhibit list

A complete joint exhibit list must be provided to the court.

Exhibits and Exhibit List. A complete JOINT exhibit list shall be provided to the court.

Applies to

Statement of admissibility

Counsel must meet and confer about exhibit admissibility and provide a joint admissibility statement for each exhibit on the first day of trial.

Counsel shall meet and confer concerning the admissibility of exhibits and provide the court with a joint statement of admissibility of each exhibit on the first day of trial.

Applies to

Statement of the case

A joint statement of the case is a required document for the Trial Readiness Conference.

A JOINT statement of the case.

Applies to

Proposed jury instructions

The submission must include proposed jury instructions with a face page listing CACI instructions sequentially and any special instructions, with full CACI and special instructions attached.

Proposed jury instructions (a face page with CACI instructions in sequential order together with any special instructions), full CACI instructions and special instructions to be attached.

Applies to

Trial brief

A trial brief is a mandatory document for the Trial Readiness Conference.

Trial brief.

Applies to

Joint witness list

A complete joint witness list must be provided to the court.

Joint Witness List. A complete JOINT witness list shall be provided to the court.

Applies to

Joint exhibit list

A complete joint exhibit list must be provided to the court.

Joint Exhibits and Exhibit List. A complete JOINT exhibit list shall be provided to the court.

Applies to

Joint statement of exhibit admissibility

Counsel must meet and confer about exhibit admissibility and provide a joint statement addressing each exhibit on the first day of trial.

Counsel shall meet and confer concerning the admissibility of exhibits and provide the court with a joint statement of admissibility of each exhibit on the first day of trial.

Applies to

List of controverted issues and stipulations

A list of controverted issues and stipulations is required.

A list of controverted issues and stipulations.

Applies to

Trial brief

A trial brief is required.

Trial brief.

Applies to

Exhibits

All non-impeachment exhibits must be premarked and delivered to the court on the first day of trial.

All non-impeachment exhibits shall be premarked and delivered to the court on the first day of trial.

Applies to

Exhibit flash drive

A flash drive containing the exhibits must be provided to both the clerk and the court on the first day of trial.

A flash drive shall be provided to the clerk of the court and to the court on the first day of trial.

Applies to

Witness list

A complete joint witness list is a required trial document.

A complete JOINT Witness List.

Applies to

Exhibit list

A complete joint exhibit list is required, with consecutively numbered exhibits and no duplicates; the original and two additional copies must be provided.

A complete JOINT Exhibit List. Exhibits start at 1 and go to conclusion. No duplicate exhibits. Original for the clerk, one for the witness stand and one for the bench.

Applies to

Statement of the case

A joint statement of the case is required; if the parties cannot agree, one document containing both descriptions must be submitted.

A JOINT Statement of the Case. If you cannot agree to a JOINT Statement of the Case (SOC), submit one document with both descriptions of your SOC.

Applies to

Depositions

Depositions must be lodged on the trial readiness date.

Lodge your depositions on the date of the readiness.

Applies to

Discovery issue summary

Each party must provide a brief summary of the discovery issue and list the specific discovery requests in dispute.

Parties shall provide a brief summary of the discovery issue, including a list of the specific discovery requests in dispute.

Applies to

IDC statement

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 by the parties directly in Dept. 22 no later than 2 court days before the IDC. The IDC statements must describe with particularity all meet-and-confers conducted by counsel and apprise the court as to the progress in narrowing and reducing the number of disputed requests.

Applies to

Motion in limine

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

Motions In Limine, Statement of Stipulated Facts, Trial Briefs and a Joint Statement of the Case must be filed with the court upon the case being assigned to trial at the Readiness Calendar.

Applies to

Caci jury instructions checklist

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

CACI jury instructions checklist, pinpoint instructions and special verdict form are to be provided to the court on the first day of trial.

Applies to

Voir dire questions or jury questionnaire

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

A list of requested voir dire questions and/or mutually agreed upon jury questionnaires must be submitted prior to the first day trial begins.

Applies to

Motion in limine

Any written motions in limine must be submitted at trial assignment, and orders to be signed must not be included.

MOTIONS IN LIMINE, in writing, if any. PLEASE DO NOT INCLUDE ORDERS TO BE SIGNED.

Applies to

Joint witness list

For jury and court trials, parties must provide a joint witness list containing each witness's name, a brief description, and a time estimate, without implying that the witnesses are agreed upon.

JOINT WITNESS LIST listing the name, brief description, and time estimate for each witness. Note that “JOINT” does not mean “agreed” but does refer to the Court working from one set of documents from counsel. (Jury and Court Trials)

Applies to

Joint exhibit list and exhibits

For jury and court trials, the parties must submit a joint exhibit list and the exhibits, using one set of documents from counsel without implying that the exhibits are agreed upon.

JOINT EXHIBIT LIST and exhibits. Note that “JOINT” does not mean “agreed” but does refer to the Court working from one set of documents from counsel. (Jury and Court Trials)

Applies to

Jury instructions

Proposed CACI jury instructions must be submitted for jury trials.

Proposed CACI jury instructions. (Jury Trials)

Applies to

Jury instructions

The proposed jury instructions must include a face page listing all requested instructions in sequential order.

A face page listing all requested instructions in sequential order.

Applies to

Joint statement of the case

For jury trials, the parties must submit a joint statement of the case from one set of counsel's documents without implying that it is agreed upon.

JOINT statement of the case. Note that “JOINT” does not mean “agreed” but does refer to the Court working from one set of documents from counsel. (Jury Trials)

Applies to

Proposed special verdict form

In a jury trial, a proposed special verdict form must be submitted if one is requested.

Proposed SPECIAL VERDICT form (if you are requesting one). (Jury Trials)

Applies to

Trial readiness submissions

All listed trial-readiness items are mandatory, except that the trial brief is optional for jury trials.

All the above-mentioned items are MANDATORY, except for the brief, which is optional for jury trials.

Applies to

In limine motion

Any in limine motions must be submitted in writing, with the party directed to review the listed authorities before filing its motion in limine.

In limine motions in writing, if any {Please review these cases before submitting your MIL: See R&B Auto Center vs. Farmers Group, 140 Cal.App. 4th 327,371 (2006), Kelly v. New West Financial Services, 49 CA 4th 659, (1996), Amtower vs. Photon Dynamics, 158 Cal.App. 4th 1582 (2020)}.

Applies to

Joint witness list

A complete joint witness list is required at the readiness calendar.

A complete JOINT Witness list.

Applies to

Joint exhibit list

A complete joint exhibit list is required at the readiness calendar.

A complete JOINT Exhibit list.

Applies to

Joint statement of case

A joint statement of the case is required at the readiness calendar.

A JOINT Statement of the case.

Applies to

Joint statement of case

If the parties cannot agree on the joint statement of the case, they must submit one document containing both parties’ descriptions.

For example, if you cannot agree to a JOINT Statement of the Case (SOC), submit one document with both descriptions of your SOC.

Applies to

Proposed jury instructions

The parties must provide proposed jury instructions on a face page listing CACI instructions sequentially and any special instructions, with the full CACI instructions and special instructions attached.

Proposed jury instructions (a face page with CACI instructions in sequential order together with any special instructions), Full CACI instructions and specials to be attached.

Applies to

Jury instructions

The full set of CACI instructions and any special instructions must be attached to the proposed jury instructions.

Full CACI instructions and specials to be attached.

Applies to

Proposed special verdict form

A proposed special verdict form is required only when a party requests one.

Proposed special verdict form if you are requesting one.

Applies to

Stipulation and order to use certified shorthand reporter

Parties seeking a transcript must retain a private reporter and submit a Stipulation and Order to Use Certified Shorthand Reporter.

As of January 9, 2023, the court no longer provides an official Court Reporter to transcribe proceedings. 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.”

Applies to

Jury instructions

Jury instructions must be submitted to the court on the first day of trial.

Jury Instructions are to be submitted to the court on the first day of trial.

Applies to

Motion in limine

Any motions in limine must be submitted in writing by the Readiness Calendar.

Motions in Limine, if any, in writing.(See Kelly v. New West Financial Services, 49 Cal.App.4th 659.)

Applies to

Joint witness list

A complete joint witness list must be presented at the Readiness Calendar.

A complete JOINT witness list.

Applies to

Exhibits

All trial exhibits must be joint, and the change from separate exhibit sets requires a meaningful meet and confer.

All exhibits shall be CONJOINT. This is a significant change and requires a meaningful meet and confer.

Applies to

Exhibits

Exhibits must be consecutively numbered beginning with Exhibit 1, and duplicate exhibits are not permitted.

Exhibits shall be numbered consecutively, beginning with Exhibit 1 and continuing through conclusion, with no duplicate exhibits.

Applies to

Exhibits

One unified exhibit set must be submitted as an original for the clerk, a witness-stand copy, and a bench copy.

One unified exhibit set shall be submitted: Original for the Clerk One copy for the witness stand One copy for the bench

Applies to

Joint statement of the case

A joint statement of the case must be presented at the Readiness Calendar.

A JOINT statement of the case.

Applies to

Jury instructions

Jury instructions must be submitted in two packets, with the CACI 100 and 200 series in the first and the 200 series through the conclusion in the second.

Jury instructions must be provided in two separate packets: Packet One: CACI 100 series and 200 series Packet Two: Starting again at the 200 series through conclusion

Applies to

Jury instructions

Specially requested jury instructions must be submitted both as a working copy with supporting authority and as a clean CACI-formatted copy for the jury.

Any specially requested instructions must be submitted in two formats: A working copy with supporting case or statutory authority A clean copy in proper CACI format, ready for submission to the jury

Applies to

Jury instructions and verdict form

Each jury-instruction packet and the verdict form must include a cover sheet with the case caption and the specified bold label.

Each packet of jury instructions and the verdict form must include a cover sheet containing the case caption and clearly labeled in bold as either “JURY INSTRUCTIONS” or “VERDICT FORM.”

Applies to

Readiness calendar submission

All listed trial-readiness items are mandatory except that the trial brief is optional for jury trials.

ALL ITEMS LISTED ABOVE ARE MANDATORY, EXCEPT FOR THE TRIAL BRIEF, WHICH IS OPTIONAL FOR JURY TRIALS.(See SBC Local Rule 411.)

Applies to

Ai generated evidentiary material

Must include

ai disclosure

AI-generated evidentiary material must be disclosed as AI generated before being presented to the Court.

If a Party or counsel seeks to file or otherwise present to the Court any such AI-generated evidentiary material, no such material shall be considered unless previously disclosed as AI generated.

Applies to

Ai assisted material

Must include

ai disclosure

AI-assisted exhibits, demonstratives, and other court materials must identify their AI use in the title or caption.

Any exhibit, demonstrative, or other material to be filed or presented to the Court which was created or drafted with any assistance or use of an AI tool shall be identified as such in its title or caption

Applies to

Ai assisted material

Must include

ai disclosure

AI-assisted materials must identify their AI use in a table preceding the material's body.

in a table preceding the body of exhibit, demonstrative, or other material

Applies to

Notice

Must include

ai disclosure

AI-assisted materials require a separate notice filed contemporaneously with the document or material.

and by a separate Notice filed contemporaneously with the document or material.

Applies to

Joint witness list

A joint witness list must be filed by the Trial Documents Filing Date.

Joint witness list;

Applies to

Joint exhibit list

A joint exhibit list in the attached form must be filed by the Trial Documents Filing Date.

Joint exhibit list (In the form attached)

Applies to

Defendant jury instructions

The defendant must file jury instructions on the first day of trial containing only additional instructions and objections to the plaintiff's previously submitted instructions.

Defendant’s jury instructions are to be filed on the first day of trial and should only include additional instructions not previously submitted by Plaintiff and a list of objections to Plaintiff’s instructions.

Applies to

Joint statement of the case

In a jury case, the parties must file a joint statement of the case by the Trial Documents Filing Date.

Joint Statement of the Case (jury case only);

Applies to

Plaintiff jury instructions or special verdict

In a jury case, the plaintiff must submit jury instructions and a special verdict.

Plaintiff’s Jury Instructions/Special Verdict (jury case only);

Applies to

Trial brief

In a non-jury case, trial briefs must be filed by the Trial Documents Filing Date.

Trial briefs (non-jury case only); and

Applies to

Opposition to motion in limine

Oppositions to motions in limine must be filed by the Trial Documents Filing Date.

Oppositions to Motion(s) in Limine.

Applies to

Plaintiff jury instructions

The plaintiff must submit a complete set of jury instructions with a generic pleading cover sheet and an itemized list of CACI and special instructions.

Plaintiff shall submit, in compliance with CRC Rule 2.1055, a complete set of jury instructions (with a generic pleading cover sheet) with an itemized list of the CACI Instructions and special instructions, if any.

Applies to

Motion in limine

motions in limine must comply with Local Rules 411.2 and 415.

Motions in limine shall comply with Local Rules 411.2 and 415

Applies to

Stipulation and order for appointment of official reporter pro tempore

A party seeking an official trial record must retain a private certified shorthand reporter and submit the stipulated official-reporter appointment form to the court and Judicial Assistant.

Parties who wish to have an official record of the proceedings at trial must retain their own private Certified Shorthand Reporter and must submit a “Stipulation and Order For Appointment of Official Reporter Pro Tempore” to the Court in the form found on the Court’s website and emailed or presented to the Judicial Assistant.

Applies to

Joint witness list

A complete joint witness list is required for jury and court trials.

A complete JOINT Witness List. (Jury & Court Trials).

Applies to

Joint exhibit list

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.

Applies to

Joint statement of the case

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.

Applies to

Jury instructions and verdict forms

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.

Applies to

Jury instructions

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.

Applies to

Jury instructions

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.

Applies to

Stipulation and proposed order

Must include

proposed order

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.

Applies to

Notice of appearance

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).

Applies to

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.

Applies to

Joint report

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:

Applies to

Service list

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.)

Applies to

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.

Applies to

Settlement conference statement

A mandatory Settlement Conference Statement must be submitted directly in S26 at least three court days before the scheduled conference.

Mandatory Settlement Conference Statements are to be submitted directly in S26 three court days prior to the scheduled MSC.

Applies to

Joint witness list

A joint witness list is a required trial document.

a. Joint witness list

Applies to

Joint exhibit list

A joint exhibit list is a required trial document.

b. Joint exhibit list

Applies to

Joint statement of the case

A Joint Statement of the Case is a required trial document.

c. Joint Statement of the Case

Applies to

Plaintiff jury instructions or special verdict

Plaintiffs' jury instructions and special verdict are required trial documents.

d. Plaintiffs Jury Instructions/Special Verdict

Applies to

Trial briefs

Trial briefs are required documents for trial.

e. Trial briefs

Applies to

Motions in limine

Motions in limine are required documents for trial.

f. Motions in Limine

Applies to

Exhibits

All counsel must mark and review the exhibits before testimony begins.

Exhibits must be marked and reviewed by all counsel before testimony starts.

Applies to

Plaintiff jury instructions

Plaintiff must submit a complete set of jury instructions with an itemized list of CACI and special instructions.

Plaintiff shall submit, in compliance with CRC Rule 2.1055, a complete set ofjury instructions with an itemized list of the CACI Instructions and Special Instructions.

Applies to

Notice of hearing

Must include

certificate of service

The requesting party must electronically file a Notice of Hearing at least seven court days before the conference, including hearing information, briefing instructions, Zoom information, and proof of service.

Requesting party must also file a "Notice of Hearing" with the Court via "E-file", at least 7 Court Days prior to the meeting which should include the hearing information, briefing instructions, and zoom meeting information along with a proof of service.

Applies to

Idc brief

Each party must electronically file an IDC brief containing a summary of the discovery issue at least seven court days before the conference.

Parties are instructed to file an "IDC Brief' via "E-file", with a summary of the discovery issue at least 7 Court days prior to the "IDC".

Applies to

Notice of hearing

Failure to file the Notice of Hearing and the briefs will result in the informal discovery conference being vacated.

Failure to file the "Notice of Hearing" and the briefs will result for the "IDC" to be vacated.

Applies to

Preliminary approval motion

The motion must define the settlement’s gross amount, all deductions, whether amounts are exact or subject to a “not to exceed” amount, and the net settlement amount.

1. The defining of the key financial terms of the settlement, including the gross settlement amount, each deduction from the gross amount (attorney fees, litigation costs, settlement administrator fees, incentive fees, and all other deductions), whether exact or in a “not to exceed” amount, and the net settlement amount.

Applies to

Preliminary approval motion

The motion must include a copy of the Settlement Agreement signed by every party, not merely by counsel.

2. A copy of the Settlement Agreement signed by all parties (not just counsel).

Applies to

Declaration

Counsel must submit a declaration explaining the settlement negotiations, arms-length negotiation, mediator use, discovery conducted and its type, and the fairness, adequacy, and reasonableness of the settlement.

3. A declaration by counsel addressing how the settlement was reached, that the settlement was negotiated at arms-length, whether a mediator was used in reaching the settlement terms, whether discovery (formal or informal) was conducted, the type of discovery (formal or informal) conducted, and why the settlement is fair, adequate, and reasonable for the class.

Applies to

Preliminary approval motion

The motion must define the class and aggrieved employees, class and PAGA periods, any limitations-period excess and its justification, estimated class size, and the number of payment periods when distribution is periodic.

4. The definition of the class and aggrieved employees, the class and PAGA periods and whether they exceed the statute of limitation period(s), and if yes, then why, the estimated number of class members and aggrieved employees, and if settlements shares are to be paid on a “weeks worked” or other periodic basis, the number of such periods.

Applies to

Preliminary approval motion

The motion must include a case summary covering the claims, their legal and factual basis, discovery, counsel’s merits investigation, anticipated trial recovery, and impediments to recovery.

5. A summary of the case, including the causes of action, the legal and factual basis for the claims, the discovery conducted to date, counsel’s investigation of the merits of the claims, the anticipated recovery if the case were to proceed to trial, and counsel’s assessment of any impediments to such recovery.

Applies to

Preliminary approval motion

The motion must state the proposed class-counsel fee award, explain its appropriateness, and identify whether fees and costs are paid by defendants or from settlement proceeds.

9. The proposed fee award to class counsel, including an analysis why the fee is appropriate, and whether the attorney fee and costs will be paid directly by defendants as part of the settlement, or whether the fee award and costs will be paid out of the settlement proceeds.

Applies to

Declaration

If the class is not certified, counsel must submit findings supporting settlement certification, class counsel’s experience, and each representative’s services, participation, and lack of conflict.

10. If the class is not already certified, then a declaration by counsel addressing the necessary findings for settlement class certification, i.e., the settlement class is sufficiently numerous and ascertainable, the plaintiff’s claims are typical with the class, and common questions predominate. Also, a declaration by class counsel addressing the lawyer’s knowledge and experience handling class actions and related complex litigation. Lastly, a declaration from each class representative stating what the representative did as services to the class and participation in the litigation, and his/her lack of conflict with any putative class members.

Applies to

Preliminary approval motion

The motion must identify the claims being settled, including claims not specifically alleged in the complaint, and describe the release provisions binding class members and defendants.

11. What claims are being settled, including any claims which are not specifically alleged in the class action complaint, and the scope of the release provisions which will bind the class members and the defendants.

Applies to

Preliminary approval motion

The motion must address related cases in other jurisdictions and their effect on this settlement; counsel must conduct a diligent and reasonable California-wide search and may not submit a declaration merely stating that counsel is unaware of other matters.

14. If there are related cases pending in other jurisdictions, what effect, if any, this settlement will have on the other actions. The Court will not grant preliminary or final approval without this information. The Court will not accept any declaration that states counsel “is unaware” of any other matters. Counsel must perform a diligent and reasonable search to determine if other matters exist throughout California.

Applies to

Class notice

The motion must include the proposed class notice and explain notice procedures; it must identify any non-English language and, for English-only notice, provide a reasonable or justifiable reason other than cost.

15. A copy of the proposed written class notice, and its discussion of the procedures to be used for providing notice to the class, including if the class notice will be provided in any language other than English (e.g., Spanish), and, if not, the reasonable/justifiable reason why the class notice is only being provided in English (and the court will not accept cost as a reasonable excuse).

Applies to

Preliminary approval motion

The motion must specify the class-notice service method and explain why it is the best available method to reach the greatest number of class members.

16. Whether the class notice will be served by first-class mail, e-mail, publication, or other method, including an explanation why the chosen method is the best means available to reach the greatest number of class members.

Applies to

Declaration

Must include

certificate of service

Proof of service of the Notice of Settlement on the LWDA and the initial LWDA letter must be attached to the declaration or motion.

17. Proof of Service of the Notice of Settlement to the LWDA and the initial LWDA letter must both be attached to a declaration or the motion.

Applies to

Class notice

The class notice must inform the class about the claims, settlement terms, release, distribution, requested fees and expenses, representative incentive award, objection rights and requirements, final approval hearing, and opt-out rights and procedures.

18. Whether the class notice adequately informs the class about the claims, the terms of the settlement, the release of claims, their anticipated distribution, the amount of fees and expenses being requested by class counsel, the amount of any incentive award to the class representatives, the opportunity to object and the requirements for objections, the date and place of the final approval hearing, and any opportunity to opt-out of the settlement and the procedure for requesting exclusion.

Applies to

Motion for preliminary approval

If a claim form will be used, the motion must include a copy of the proposed claim form and discuss procedures for sending, receiving, and processing claims.

20. If a claim form is being used, a copy of the proposed claim form, and a discussion of procedures for sending, receiving, and processing claims.

Applies to

Motion for preliminary approval

Must include

proposed order

The motion for preliminary approval must include a proposed order granting preliminary approval of the class settlement.

21. A proposed order granting preliminary approval of the class settlement which includes:

Applies to

Proposed order

The proposed order must attach and incorporate by reference the Settlement Agreement, Class Notice, and Claim Form if used.

21. A proposed order granting preliminary approval of the class settlement which includes: a. A copy of the Settlement Agreement, Class Notice, and Claim Form (if being used) attached as exhibits and incorporated by reference.

Applies to

Proposed order

The proposed order must include findings that the settlement is fair, adequate, reasonable, and in the best interests of the absent class members.

21. A proposed order granting preliminary approval of the class settlement which includes: b. Findings that the settlement is fair, adequate, and reasonable, and in the best interests of the absent class members.

Applies to

Proposed order

The proposed order must include a finding of provisional certification if the class has not previously been certified.

21. A proposed order granting preliminary approval of the class settlement which includes: c. Finding the Class is provisionally certified (if not previously certified).

Applies to

Proposed order

The proposed order must establish the procedures and schedule for class-member objections, requests for exclusion, and claims submissions.

21. A proposed order granting preliminary approval of the class settlement which includes: e. The procedures and schedule for any objections, requests for exclusion, or claims submission by class members.

Applies to

Proposed order

The proposed order must provide that the court retain jurisdiction under CCP 664.6 to enforce the settlement.

21. A proposed order granting preliminary approval of the class settlement which includes: f. That the court retain jurisdiction pursuant to CCP 664.6 to enforce the settlement.

Applies to

Proposed order

The proposed order must set the final-approval briefing schedule and hearing date, require supplemental declarations verifying proper service and objection handling, set a response schedule, and provide for declarations and briefs supporting the requested fee award.

21. A proposed order granting preliminary approval of the class settlement which includes: g. A briefing schedule and hearing date for final approval of settlement, including a filing of supplemental declarations by counsel and third-party administrators verifying proper service of class notice, and receipt of filing of written objections, and setting a schedule for any written response to objections, and submission for declarations and briefs in support of the requested fee award.

Applies to

Joint exhibit list

Counsel must provide the clerk with a valid email address, complete the clerk-provided exhibit spreadsheet, and email the joint exhibit list to the clerk by the first day of trial.

4. Joint Exhibit List Provide the clerk with a valid email address; the clerk will then email parties an excel sheet to be completed by Counsel listing the joint exhibits. The list is to be emailed back to the clerk by day one of trial.

Applies to

Exhibit list

Litigants with trial exhibits must use the Court exhibit list and identify every exhibit and its description.

If you will have exhibits for trial, you must use the Court exhibit list. It must be filled out with all exhibits and their descriptions.

Applies to

Motion in limine

Motions in limine presented at the readiness calendar must comply with San Bernardino County Local Rules 411.2 and 415.

MOTIONS IN LIMINE - Motions in Limine shall comply with San Bernardino County Local Rules 411.2 and 415.

Applies to

Joint witness list

A joint witness list is required for presentation at the readiness calendar.

JOINT WITNESS LIST

Applies to

Joint exhibit list

A joint exhibit list is required, and exhibits must be pre-marked in numerical order and, when multiple pages, Bate stamped at the bottom of each page.

JOINT EXHIBIT LIST - Exhibits shall be pre-marked in numerical order and if multiple pages, shall be Bate stamped at the bottom of each page.

Applies to

Joint statement of case

A joint statement of the case is required for presentation at the readiness calendar.

JOINT STATEMENT OF THE CASE

Applies to

Joint proposed jury instructions

A joint set of proposed jury instructions is required for presentation at the readiness calendar.

JOINT SET OF PROPOSED JURY INSTRUCTIONS

Applies to

Joint proposed jury instructions

The joint jury-instruction set must contain completely completed instructions, a pleading cover sheet listing CACI instructions sequentially, and any special instructions.

Which includes the actual instructions completely filled out and a pleading cover sheet with CACI instructions in sequential order together with any special instructions.

Applies to

Proposed special verdict form

A proposed special verdict form must be included if a party requests one.

PROPOSED SPECIAL VERDICT FORM IF YOU ARE REQUESTING ONE

Applies to

Deposition designations and counter designations

Any deposition designations and counter-designations, with attached copies of the depositions, are required and must be highlighted and tabbed.

ANY DEPOSITIONS DESIGNATIONS AND COUNTER DESIGNATIONS WITH ATTACHED COPIES OF THE DEPOSITIONS, HIGHLIGHTED AND TABBED

Applies to

Trial brief

A trial brief is required for presentation at the readiness calendar.

TRIAL BRIEF

Applies to

Msc brief

MSC Briefs must be filed directly with Department S-31 and served on opposing parties at least five days before the settlement conference, with all four CRC 3.1380 elements.

No less than five (5) days prior to the Settlement Conference, MSC Briefs must be filed directly in Department S-31 and served on opposing parties that include all four (4) elements enumerated in CRC 3.1380, including, but not limited to settlement discussions.

Applies to

Joint witness list

A joint witness list with time estimates for each phase of examination must be filed by the date of the trial readiness conference.

Joint witness list with time estimates for direct examination, cross-examination, re-direct, and re-cross;

Applies to

Joint exhibit list

A joint exhibit list must be filed, and exhibits must be pre-marked in numerical order with each page of multipage exhibits date-stamped at the bottom.

Joint exhibit list (Exhibits shall be pre-marked in numerical order and if multiple pates, date stamped at the bottom of each page;

Applies to

Joint statement of the case

The parties should provide a Joint Statement of the Case if they do not anticipate giving mini-openings.

Joint Statement of the Case (if the parties do not anticipate giving mini-openings);

Applies to

Plaintiff jury instructions or special verdict

The plaintiff must file jury instructions or a special verdict by the date of the trial readiness conference.

Plaintiff's Jury Instructions/Special Verdict.

Applies to

Trial brief

Trial briefs are mandatory for bench trials.

Trial briefs are required for bench trials.

Applies to

Plaintiff jury instructions

The plaintiff must submit a complete set of jury instructions with a generic pleading cover sheet and an itemized list of CACI and special instructions.

Plaintiff shall submit, in compliance with CRC RULE 2.1055, a complete set of jury instructions (with a generic pleading cover sheet) with an itemized list of the CACI Instructions and Special Instructions, if any.

Applies to

Defendant jury instructions

Defendant's jury instructions are due on the first day of trial and should contain only additional instructions and objections to the plaintiff's instructions.

Defendant's jury instructions are due filed on the first day of trial and should only include additional instructions not previously submitted by Plaintiff and a list of objections to Plaintiff's instructions.

Applies to

AI-generated evidentiary material notice

Must include

ai disclosure

Counsel must contemporaneously serve a sufficiently specific notice identifying AI-generated evidentiary material when it is produced or disclosed, and untagged material will not be considered by the Court.

Contemporaneous with the production or disclosure of any such AI-generated evidentiary material, counsel shall serve a Notice to the opposing Party or side identifying such material with sufficient specificity to locate it (such as by Bates or production number, by attaching a copy to such Notice, by promptly responding to any request for counsel to provide a copy of such material, or by any other means which reasonably permits the other ===== PAGE 4 ===== Party or side to identify and locate the material promptly). Any such AI-generated material which does not have an accompanying Notice shall not be considered by the Court.

Applies to

Authenticity declaration, affidavit, or sworn testimony

Unless the parties stipulate or the court orders otherwise, authenticity declarations, affidavits, or sworn testimony must be filed and served when AI-generated material is submitted or filed.

Absent stipulation between the Parties or other order of the Court on scheduling, at the time of the submission or filing of any such material to the Court, the Party or counsel proffering such AI-generated material to the Court shall file and serve any declarations, affidavits, or sworn testimony to address the material's authenticity under the Evidence Code.

Applies to

AI-assistance notice

Must include

ai disclosure

A separate notice identifying AI assistance must be filed contemporaneously with any AI-assisted exhibit, demonstrative, or other court material.

Any exhibit, demonstrative, or other material to be filed or presented to the Court which was created or drafted with any assistance or use of an AI tool shall be identified as such in its title or caption, in a table preceding the body of exhibit, demonstrative, or other material, and by a separate Notice filed contemporaneously with the document or material.

Applies to

Final status conference submission

At the Final Status Conference, counsel must provide trial briefs, witness and exhibit lists, verdict forms, CACI instructions without use notes, exhibits, a joint statement of the case, courtesy copies of specified limine motions and oppositions, a witness time estimate, and expert-witness categories with page and line references.

At the Final Status Conference date, counsel of record are to appear in person and provide the Court with the following items: trial briefs; witness list; verdict forms; exhibit list; proposed CACI instructions without use notes; exhibits; joint statement of the case; courtesy copies of all motions in limine and oppositions to motions in limine; time estimate for witnesses; stipulated categories/topics for expert witnesses with page and line references for each category.

Applies to

Readiness calendar submission

The listed readiness-calendar submissions 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.

Applies to

Motion in limine

Motions in limine must comply with San Bernardino County Local Court Rules 411.2 and 415, and parties are expected to know the cited Kelly decision.

MOTIONS IN LIMINE -- Motions in limine shall comply with San Bernardino County Local Court Rules 411.2 and 415. The parties are expected to read and be familiar with Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659.

Applies to

Joint exhibit list

The joint exhibit list must use the Court's exhibit list template.

Use Court’s exhibit list template

Applies to

Joint proposed jury instructions

The joint proposed jury instructions must include completed actual instructions and a pleading cover sheet listing CACI instructions sequentially and all special instructions.

Which includes the actual instructions completely filled out and a pleading cover sheet with CACI instructions in sequential order together with any special instructions

Applies to

Proposed special verdict form

A proposed special verdict form must be included when the requesting party seeks one.

PROPOSED SPECIAL VERDICT FORM IF YOU ARE REQUESTING ONE **

Applies to

Joint witness list

The parties must submit a joint witness list at the readiness calendar.

JOINT WITNESS LIST

Applies to

Joint exhibit list

The parties must submit a joint exhibit list at the readiness calendar.

JOINT EXHIBIT LIST

Applies to

Joint statement of the case

The parties must submit a joint statement of the case at the readiness calendar.

JOINT STATEMENT OF THE CASE**

Applies to

Joint proposed jury instructions

The parties must submit a joint set of proposed jury instructions containing completely completed instructions and a pleading cover sheet listing CACI instructions sequentially and all special instructions.

JOINT SET OF PROPOSED JURY INSTRUCTIONS** Which includes the actual instructions completely filled out and a pleading cover sheet with CACI instructions in sequential order together with any special instructions.

Applies to

Proposed special verdict form

A party requesting a special verdict form must submit a proposed form at the readiness calendar.

PROPOSED SPECIAL VERDICT FORM IF YOU ARE REQUESTING ONE**

Applies to

Deposition designations and counter designations

Deposition designations and counter-designations must be submitted with highlighted and tabbed copies of the depositions.

ANY DEPOSITION DESIGNATIONS AND COUNTER DESIGNATIONS WITH ATTACHED COPIES OF THE DEPOSITIONS, HIGHLIGHTED AND TABBED

Applies to

Trial brief

A trial brief must be submitted except when the matter is proceeding as a court trial.

TRIAL BRIEF **NOT NECESSARY IF THE MATTER IS PROCEEDING AS A COURT TRIAL

Applies to

Ai generated material

At the time an AI-generated material is submitted or filed, the offering party or counsel must file and serve declarations, affidavits, or sworn testimony addressing its evidentiary authenticity.

time of the submission or filing of any such material to the Court, the Party or counsel proffering such Al-generated material to the Court shall file and serve any declarations, affidavits, or sworn testimony to address the material's authenticity under the Evidence Code.

Applies to

Joint witness list

A joint witness list must include time estimates for direct examination, cross-examination, re-direct, and re-cross.

1. Joint witness list with time estimates for direct examination, cross-examination, re-direct, and re-cross;

Applies to

Joint exhibit list

Must include

exhibit list

The joint exhibit list must describe each exhibit and identify its presenting witness, and the exhibits must be premarked in numerical order, bates stamped on every page, and stripped of former bates stamps.

2. Joint exhibit list (Exhibits shall be pre-marked in numerical order and if multiple pages, bate stamped at the bottom of each page; former bate stamps must be removed) with a description of the exhibit and the name of the witness who will testify regarding the exhibit;

Applies to

Joint statement of the case

A joint statement of the case is required only if the parties do not anticipate giving mini-openings.

3. Joint Statement ofthe Case (only if the parties do not anticipate giving mini-openings);

Applies to

Joint jury instructions

The rule addresses joint jury instructions.

Joint Jury Instructions; and

Applies to

Joint general or special verdict

A joint general or special verdict must be filed in a jury trial.

5. Joint General or Special Verdict in a jury trial.

Applies to

Joint trial documents

Parties appearing without the required joint documents will be ordered to meet and confer at the courthouse and return to Department 33 with those documents.

If the parties appear without joint documents, the Court will order the parties to meet and confer in the courthouse and return to $33 with the required joint documents.

Applies to

Joint trial documents

Failure to comply with the joint-document requirement may result in sanctions.

Failure to comply with the joint document requirement is cause for sanctions.

Applies to

Trial brief

Trial briefs are required only for bench trials, and the court will request a stipulation using the trial brief instead of an opening statement.

TRIAL BRIEFS- Trial briefs are only required for bench trials and the Court will request that you stipulate to use the trial brief in lieu of an opening statement.

Applies to

Exhibits

The parties must exchange and inspect all exhibits that were not furnished during discovery.

Exhibits- The parties shall exchange and inspect all exhibits not furnished during discovery.

Applies to

Exhibits

Before the Trial Readiness Conference, counsel must meet and confer and attempt to stipulate to the authentication and admissibility of the exhibits.

Prior to the Trial Readiness Conference, counsel shall meet and confer and attempt to stipulate to (1) authentication and (2) admissibility.

Applies to

Joint jury instructions

All parties must submit a complete set of joint jury instructions with a generic pleading cover sheet and an itemized list of any CACI and special instructions.

All parties shall submit, in compliance with CRC RULE 2.1055, a complete set of joint jury instructions (with a generic pleading cover sheet) with an itemized list of the CACI Instructions and Special Instructions, if any.

Applies to

Joint jury instructions

A complete jury-instruction set cannot contain unfilled brackets or blank spaces and must be agreed to by the parties.

“Complete” means all brackets and blank spaces must be filled in and agreed to by the parties.

Applies to

Motion in limine

Motions in limine must comply with Local Rule 415, and the parties are expected to be familiar with the cited cases and the court's sua sponte rulings.

MILs shall comply with Local Rule 415 and the parties are expected to read and be familiar with Amtower v Photon Dynamics Inc., (2008) 158 CA4th 1582; Kelly v New West Financial Services (1996) 49 CA4th 659; and R&B Auto Center Inc. v Farmers Group Inc. (2006) 140 CA4th 327, as well as the Court’s sua sponte rulings below

Applies to

Motion in limine

The court will impose a $250 sanction for each motion that violates the stated local rule or cases or is already addressed by a sua sponte ruling.

This constitutes notice that the Court will issue sanctions in the amount of $250 per motion for any motion that violates the Local Rule, cases, or is already addressed by a sua sponte ruling.

Applies to

Request for out of court evidence or site inspection

Out-of-court demonstrative evidence or site inspections require a formal written request by the earlier of the Trial Readiness Conference or one week beforehand, including specified logistical and safety information.

Demonstrative evidence and/or site inspections taking place outside of the courtroom shall not be allowed unless the requesting party makes a formal, written request at the earlier of the Trial Readiness Conference or at least one week prior to the viewing/inspection. The request shall include the proposed location of the viewing, a time estimate including travel to and from the location, whether all parties are waiving a court reporter for the inspection, and proposed safety measures for the jurors, attorneys, courtroom staff, and judge.

Applies to

Exhibits

All parties must give the remote witness hard copies of the exhibits to be used, except impeachment exhibits, before the witness is sworn in.

All parties must provide the remote witness with a hard copy of all exhibits to be used during testimony (with the exception of impeachment exhibits) prior to the clerk swearing in the witness.

Applies to

Ai generated evidentiary material

AI-generated evidentiary material may not be considered unless timely disclosed or produced in discovery, or, for demonstrative exhibits, provided by the Trial Readiness Conference.

If a Party or counsel seeks to file or otherwise present to the Court any such Al- generated evidentiary material, no such material shall be considered unless previously disclosed or produced timely in discovery (or, with respect to demonstrative exhibits, by the Trial Readiness Conference).

Applies to

Ai generated evidentiary material notice

Must include

ai disclosure

Counsel must serve contemporaneous notice identifying AI-generated evidence sufficiently for the opposing side to locate it; material lacking accompanying notice will not be considered.

Contemporaneous with the production or disclosure of any such Al-generated evidentiary material, counsel shall serve a Notice to the opposing Party or side identifying such material with sufficient specificity to locate it (such as by Bates or production number, by attaching a copy to such Notice, by promptly responding to any request for counsel to provide a copy of such material, or by any other means which reasonably permits the other Party or side to identify and locate the material promptly). Any such Al-generated material which does not have an accompanying Notice shall not be considered by the Court.

Applies to

Notice of ai assistance

Must include

ai disclosure

A separate notice of AI assistance or use must be filed contemporaneously with any exhibit, demonstrative, or other material created or drafted with AI.

Any exhibit, demonstrative, or other material to be filed or presented to the Court which was created or drafted with any assistance or use of an Al tool shall be identified as suchin its title or caption, in a table preceding the body of exhibit, demonstrative, or other material, and by a separate Notice filed contemporaneously with the document or material.

Applies to

Ex parte application

Must include

proposed order

An ex parte applicant must comply with CRC rule 3.1200, submit a proposed order, and pay the filing fee before the court appearance.

Applicants must comply with CRC, rule 3.1200, et seq., submit a proposed order, and pay the filing fee before appearing in court.

Applies to

Ex parte application

An ex parte applicant must include a declaration making an affirmative, competent, personally informed factual showing of irreparable harm, immediate danger, or another statutory basis for relief.

The applicant shall comply with CRC, rule 3.1202(c): “An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.”

Applies to

Motion

A moving party must reserve a hearing date through the San Bernardino Superior Court's online Court Reservation System before filing a motion, subject to the stated motion-in-limine exception.

Moving parties must secure a hearing date via the online Court Reservation System on the San Bernardino Superior Court website.

Applies to

Evidentiary objections

Evidentiary objections filed with summary-judgment or summary-adjudgment motions must comply with CRC rule 3.1354.

Counsel filing evidentiary objections in connection with a motion for summary judgment or summary adjudication shall comply with CRC, rule 3.1354.

Applies to

Motion withdrawal notice

A moving party that withdraws a calendared motion must immediately notify the Court and is encouraged to remove the matter from the Court Reservation System calendar.

If a moving party takes a motion off the Court’s calendar, the moving party must notify the Court immediately and should remove the item from the Court’s calendar on CRS.

Applies to

Ai assisted document

Must include

ai disclosure

Any filing containing text created or drafted with an AI tool must be identified through its title or caption, a preceding table, or a contemporaneously filed separate notice.

Any brief, pleading, or other document submitted to the Court the text of which was created or drafted with any use of an AI tool shall be identified as such in its title or pleading caption, in a table preceding the body text of such brief or pleading, or by a separate Notice filed contemporaneously with the brief, pleading, or document.

Applies to

Court filing

Parties and counsel may not file AI-hallucinated, fictitious, nonexistent, or uncorroborated legal citations or assertions of law or fact.

Parties and counsel shall not file or otherwise present to the Court any briefs, pleadings, materials, other documents, or argument which contain AI-hallucinated citations to law, case or legal citations which are fictitious or nonexistent, or any uncorroboratable assertions of law or fact.

Applies to

Settlement approval motion

Must include

caption

Settling parties must file both a motion for preliminary approval and a motion for final approval of a class or PAGA settlement.

The Court requires settling parties to file a Motion for Preliminary Approval of any settlement in addition to a Motion for Final Approval.

Applies to

Stipulation and order to use certified shorthand reporter

Must include

caption

A party seeking a transcript must retain a private reporter and submit the required stipulation and order for use of a 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.”

Applies to

Joint idc statement

Must include

page count

Failure to submit the required Joint IDC statement will result in removal of the IDC from the court calendar.

Failure to submit a joint IDC statement will result in the IDC being taken off-calendar.

Applies to

Class action settlement motion

A motion must include all information on the applicable settlement-approval checklist.

The Court requires all of the information on the checklist specific to the motion.

Applies to

Class action settlement motion

The moving party must submit a fully completed applicable checklist with the motion, supporting declarations and evidence, and proposed order.

Along with the motion, the supporting declarations and evidence, and proposed order, the moving party shall submit a completely filled-in copy of the applicable checklist directing the Court to the appropriate information within the documents.

Applies to

Preliminary approval motion

A preliminary-approval motion must define the settlement’s gross amount, deductions, whether amounts are exact or not-to-exceed, and net amount.

The defining of the key financial terms of the settlement, including the gross settlement amount, each deduction from the gross amount (attorney fees, litigation costs, settlement administrator fees, incentive fees, and all other deductions), whether exact or in a “not to exceed” amount, and the net settlement amount.

Applies to

Preliminary approval motion

A preliminary-approval motion must include a Settlement Agreement signed by all parties, not only counsel.

A copy of the Settlement Agreement signed by all parties (not just counsel).

Applies to

Preliminary approval motion

A preliminary-approval motion must include a counsel declaration describing settlement negotiations, mediation, discovery, and the reasons the settlement is fair, adequate, and reasonable.

A declaration by counsel addressing how the settlement was reached, that the settlement was negotiated at arms-length, whether a mediator was used in reaching the settlement terms, whether discovery (formal or informal) was conducted, the type of discovery (formal or informal) conducted, and why the settlement is fair, adequate, and reasonable for the class.

Applies to

Preliminary approval motion

A preliminary-approval motion must define the class and aggrieved employees, class and PAGA periods, any statute-of-limitations excess and its reason, estimated class size, and any periodic payment periods.

The definition of the class and aggrieved employees, the class and PAGA periods and whether they exceed the statute of limitation period(s), and if yes, then why, the estimated number of class members and aggrieved employees, and if settlements shares are to be paid on a “weeks worked” or other periodic basis, the number of such periods.

Applies to

Preliminary approval motion

A preliminary-approval motion must include a case summary covering claims, merits, discovery, investigation, potential trial recovery, and impediments to recovery.

A summary of the case, including the causes of action, the legal and factual basis for the claims, the discovery conducted to date, counsel’s investigation of the merits of the claims, the anticipated recovery if the case were to proceed to trial, and counsel’s assessment of any impediments to such recovery.

Applies to

Preliminary approval motion

A preliminary-approval motion must state whether the settlement depends on class-member claims and whether the remainder reverts to defendants.

Whether the settlement amount is dependent upon the number and amount of claims made by class members, with the remainder reverting to defendants.

Applies to

Preliminary approval motion

A preliminary-approval motion must identify any cy pres distribution of excess funds and, if applicable, include a declaration supporting the recipient and distribution.

Whether the settlement provides for a cy pres distribution of excess funds and, if so, a declaration demonstrating the propriety of the cy pres recipient and distribution under Code of Civil Procedure section 384.

Applies to

Preliminary approval motion

A preliminary-approval motion must state the estimated highest, lowest, and average settlement distribution for class members and aggrieved employees.

The estimated highest, lowest, and average amount that class members and aggrieved employees will receive as their share of the settlement distribution.

Applies to

Preliminary approval motion

The proposal must state the proposed fee award to class counsel, explain why the fee is appropriate, and say whether defendants or settlement proceeds will pay the fees and costs.

The proposed fee award to class counsel, including an analysis why the fee is appropriate, and whether the attorney fee and costs will be paid directly by defendants as part of the settlement, or whether the fee award and costs will be paid out of the settlement proceeds.

Applies to

Preliminary approval motion

If the class is not certified, the motion must include declarations addressing preliminary certification findings, class-counsel experience, and each representative’s services, participation, and lack of conflict.

If the class is not already certified, then a declaration by counsel addressing the necessary findings for settlement class certification, i.e., the settlement class is sufficiently numerous and ascertainable, the plaintiff’s claims are typical with the class, and common questions predominate. Also, a declaration by class counsel addressing the lawyer’s knowledge and experience handling class actions and related complex litigation. Lastly, a declaration from each class representative stating what the representative did as services to the class and participation in the litigation, and his/her lack of conflict with any putative class members.

Applies to

Preliminary approval motion

The settlement must identify the claims being resolved, including claims not specifically alleged in the class action complaint, and describe the release provisions binding class members and defendants.

What claims are being settled, including any claims which are not specifically alleged in the class action complaint, and the scope of the release provisions which will bind the class members and the defendants.

Applies to

Preliminary approval motion

A preliminary-approval motion must include the proposed class notice and explain notice procedures and any language used; cost is not an adequate reason for English-only notice.

A copy of the proposed written class notice, and its discussion of the procedures to be used for providing notice to the class, including if the class notice will be provided in any language other than English (e.g., Spanish), and, if not, the reasonable/justifiable reason why the class notice is only being provided in English (and the court will not accept cost as a reasonable excuse).

Applies to

Preliminary approval motion

Must include

proposed order

A preliminary-approval motion must include a proposed order granting preliminary approval of the class settlement.

A proposed order granting preliminary approval of the class settlement which includes:

Applies to

Preliminary approval proposed order

The proposed preliminary-approval order must set a final-approval briefing schedule and hearing date, including supplemental declarations, objection procedures, response deadlines, and fee-award submissions.

A briefing schedule and hearing date for final approval of settlement, including a filing of supplemental declarations by counsel and third-party administrators verifying proper service of class notice, and receipt of filing of written objections, and setting a schedule for any written response to objections, and submission for declarations and briefs in support of the requested fee award.

Applies to

Final approval motion

A final-approval motion must include the information specifically required by the final-approval checklist.

A motion for final approval of a proposed class action settlement should include the following information:

Applies to

Final approval motion

A final-approval motion must define the settlement’s gross amount, each deduction in exact amounts, and net amount.

The defining of the key financial terms of the settlement, including the gross settlement amount, each deduction from the gross amount (the requested attorney fees, litigation costs, settlement administrator fees, incentive fees, and all other deductions) in exact amounts, and the net settlement amount.

Applies to

Final approval motion

A final-approval motion must include a table of class-member, claim, opt-out, objection, returned-mailing, re-mailing, and undelivered-notice counts.

A table of the number of class members and aggrieved employees, the number who submitted a claim form (if required), the number of opt-outs, the number of objections, the number of returned mailings, the number of re-mailed notices, and the number of undelivered notices.

Applies to

Final approval motion

A final-approval motion must include a memorandum of points and authorities supporting the requested fee and cost award.

A memorandum of points and authorities supporting the award of fees and costs, including briefing on the propriety of the amount of fees sought:

Applies to

Final approval motion

A final-approval motion must include a supporting declaration from each class-representing law firm addressing fees, costs, and expenses.

A declaration by counsel from each law firm representing the class in support of the fee award and reimbursement of costs and expenses setting forth:

Applies to

Final approval fee declaration

The fee-support declaration must identify each attorney who worked on the case, the attorney’s status, and years of experience.

The name of each attorney who worked on the case, and the lawyer’s status (e.g., partner, associate, of-counsel, etc., including the years of experience).

Applies to

Final approval fee declaration

The fee-support declaration must state each attorney’s hourly billing rate and that it is the reasonable and usual rate for the attorney’s services.

The hourly billing rate for each attorney who worked on the case, and a statement that this is the reasonable and usual hourly rate charged by that attorney for services.

Applies to

Final approval fee declaration

The fee-support declaration must state the total hours worked by each attorney on the case.

The total number of hours worked by each attorney on the case.

Applies to

Final approval fee declaration

The fee-support declaration must detail tasks and hours or include time records and billing statements documenting the work.

Either the specific tasks performed on the case on behalf of the named plaintiffs and the class, and the hours spent on each task, or copies of time records/billing statements documenting the work performed and time spent.

Applies to

Final approval fee declaration

If fees or costs are sought for a non-attorney service provider, the declaration must identify the provider’s experience, reasonable fee or cost, and services.

If fees or costs are sought for services by a person other than of one of the identified attorneys under sub-section (a) (e.g., paralegal, expert), then define that person’s experience, reasonable fee/cost, and services provided.

Applies to

Final approval fee declaration

The fee-support declaration must provide itemized details of expenses and costs for which reimbursement is sought.

Itemized details for expenses and costs for which reimbursement is sought.

Applies to

Final approval motion

A final-approval motion must include a memorandum supporting any proposed incentive or service award to named plaintiffs and explaining its reasonableness.

A memorandum of points and authorities supporting any proposed “incentive” or “service award” to the named plaintiff(s), i.e., any payment to representative plaintiffs in addition to their proportional share of the settlement, including an analysis why the proposed amount is appropriate, as compared to the amounts that absent class members will receive from the settlement.

Applies to

Final approval motion

A final-approval motion must include declarations from each class representative describing the representative’s services, litigation participation, and approximate time spent.

Declarations from each class representative stating what the representative specifically did as services to the class and participation in the litigation, including the approximate amount of time spent on the case.

Applies to

Final approval motion

A final-approval motion must include declarations verifying timely notice, bad-address efforts, objections, opt-outs, and final notice expenses.

Declarations of class counsel or the settlement administrator verifying the timely sending of class notice, efforts to find class members with bad addresses, the number of objections from class members (including copies of the objections), the number of opt-outs from class members (including copies of the requests for exclusion, or a list of the names of the class members opting-out), and the final expense incurred for providing class notice.

Applies to

Final approval motion

If claim forms were sent, a final-approval motion must include declarations verifying timely forms, correction efforts, submitted and untimely claims, distribution, remaining procedures, and processing expenses.

If claim forms were sent to class members, declarations of class counsel or the claims administrator verifying the timely sending of the claim forms, efforts to obtain corrected claim forms on defective claims, the number of claims submitted, the amount of anticipated settlement distribution pursuant to the claims, the number of untimely claims and whether they will or will not be included in the settlement distribution, and any other remaining claims procedures which have not yet been completed, and the final expenses incurred for processing of class claims.

Applies to

Final approval motion

If objections were submitted, a final-approval motion must include a brief by class counsel responding to them.

If there were objections to the settlement, a brief by class counsel responding to the objections.

Applies to

Final approval motion

Must include

proposed order

A final-approval motion must include a proposed final-approval order and proposed judgment retaining jurisdiction to implement the settlement and require a final distribution report.

A proposed Order Granting Final Approval of Settlement, and a proposed Judgment, including retaining jurisdiction over implementing the terms of the settlement, such as requiring the filing of a final report on distributions made to the class members.

Applies to

Trial briefs

The rule addresses trial briefs.

5. Trial briefs

Applies to

Joint witness list

A joint witness list must be filed by the date of the Trial Resolution Conference.

1. Joint witness list

Applies to

Joint exhibit list

A joint exhibit list must be filed, with exhibits pre-marked numerically and each page of multipage exhibits bates-stamped at the bottom.

2. Joint exhibit list (Exhibits shall be pre-marked in numerical order and if multiple pages, bate stamped at the bottom of each page)

Applies to

Joint statement of the case

A Joint Statement of the Case must be filed by the date of the Trial Resolution Conference.

3. Joint Statement of the Case.

Applies to

Plaintiff jury instructions special verdict

The quote provides a heading for Plaintiff’s Jury Instructions/Special Verdict but states no rule or requirement.

4. Plaintiff’s Jury Instructions/Special Verdict

Applies to

Plaintiff jury instructions

Plaintiff must submit a complete set of jury instructions under CRC Rule 2.1055, with a generic pleading cover sheet and an itemized list of any CACI and special instructions.

Plaintiff shall submit, in compliance with CRC Rule 2.1055, a complete set of jury instructions (with a generic pleading cover sheet) with an itemized list of the CACI Instructions and Special Instructions, if any.

Applies to

Motion in limine

Motions in limine must comply with Local Rule 415, and the parties are expected to be familiar with the three cited decisions.

Motions in limine shall comply with Local Rule 415 and the parties are expected to read and be familiar with Amtower v Photon Dynamics Inc., (2008) 158 CA4th 1582; Kelly v New West Financial Services (1996) 49 CA4th 659; and R & B Auto Center Inc. v Farmers Group Inc. (2006) 140 CA4th 327.

Applies to

Joint witness list

A joint witness list must be filed as a trial document.

1. Joint witness list

Applies to

Joint exhibit list

A joint exhibit list in the attached form must be filed as a trial document.

2. Joint exhibit list (In the form attached)

Applies to

Joint statement of the case

A Joint Statement of the Case must be filed as a trial document in jury cases.

3. Joint Statement of the Case. (jury case only)

Applies to

Jury instructions

Plaintiff must submit jury instructions or a special verdict form as a trial document in jury cases.

4. Plaintiff’s Jury Instructions/Special Verdict (jury case only)

Applies to

Trial brief

Trial briefs must be filed as trial documents in non-jury cases.

5. Trial briefs (non jury case only)

Applies to

Opposition

Oppositions to motions in limine must be filed as trial documents.

6. Oppositions to Motion(s) in Limine

Applies to

Jury instructions

Plaintiff must submit a complete set of jury instructions with a generic pleading cover sheet and an itemized list of any CACI and special instructions.

Plaintiff shall submit, in compliance with CRC Rule 2.1055, a complete set of jury instructions (with a generic pleading cover sheet) with an itemized list of the CACI Instructions and Special Instructions, if any.

Applies to

Motion in limine

Motions in limine must comply with Local Rules 411.2 and 415.

Motions in limine shall comply with Local Rule 411.2 and 415

Applies to

Stipulation and order for appointment of official reporter pro tempore

Must include

local rule certificate

A party seeking an official trial record must retain a private Certified Shorthand Reporter and submit the website's stipulated appointment form to the court by email or in person to the Judicial Assistant.

Parties who wish to have an official record of the proceedings at trial must retain their own private Certified Shorthand Reporter and must submit a “Stipulation and Order For Appointment of Official Reporter Pro Tempore” to the Court in the form found on the Court’s website and emailed or presented to the Judicial Assistant.

Applies to

Joint witness list

A joint witness list is required for jury and court trials.

2. JOINT Witness List (Jury and Court Trials)

Applies to

Joint exhibit list

Jury and court trials require a joint exhibit list and joint exhibits, with no separate plaintiff or defendant lists or exhibits.

3. JOINT Exhibit List and Exhibits (Jury and Court Trials) NO SEPARATE LISTS/EXHIBITS FROM PLAINTIFF AND DEFENDANT

Applies to

Proposed jury instructions

Proposed CACI jury instructions are required for jury trials.

4. Proposed CACI Jury Instructions (Jury trials)

Applies to

Joint statement of the case

A joint statement of the case is required for jury trials.

5. JOINT Statement of the Case (Jury Trials)

Applies to

Readiness calendar submission

All listed readiness-calendar items are mandatory except the trial brief.

All of the above listed items are MANDATORY, except for the trial brief.

Applies to

Joint witness list

The parties must file a joint witness list by the trial documents filing date.

Joint witness list

Applies to

Joint exhibit list

The parties must file a joint exhibit list in the attached form by the trial documents filing date.

Joint exhibit list (In the form attached)

Applies to

Joint statement of the case

The parties must file a joint statement of the case by the trial documents filing date.

Joint Statement of the Case.

Applies to

Plaintiff jury instructions or special verdict

Plaintiff must submit jury instructions or a special verdict by the trial documents filing date.

Plaintiff's Jury Instructions/Special Verdict

Applies to

Trial brief

The parties must file trial briefs by the trial documents filing date.

5. Trial briefs

Applies to

Plaintiff jury instructions

Plaintiff must submit a complete set of jury instructions with a generic pleading cover sheet and an itemized list of CACI and special instructions.

Plaintiff shall submit, in compliance with CRC Rule 2.1055, a complete set ofjury instructions {with a generic pleading cover sheet) with an itemized list of the CACI Instructions and Special Instructions, if any.

Applies to

Defendant jury instructions

Defendant's jury instructions are due on the first day of trial and should contain only additional instructions and objections to Plaintiff's instructions.

Defendant's jury instructions are due filed on the first day of trial and should only include additional instructions not previously submitted by Plaintiff and a list of objections to Plaintiff's instructions.

Applies to

Motion in limine

The moving party's counsel must file a declaration demonstrating compliance with the court's meet-and-confer requirement.

Counsel for the moving party shall file declaration showing compliance with the court's meet and confer requirements.

Applies to

Deposition transcripts

The parties must provide copies of every deposition transcript that will be used at trial.

The parties must also provide copies of any deposition transcripts that will be used during the trial.

Applies to

Ai generated evidentiary material

Must include

ai disclosure

AI-generated evidentiary material may not be filed or presented unless it was previously disclosed as AI-generated.

If a Party or counsel seeks to file or otherwise present to the Court any such Al-generated evidentiary material, no such material shall be considered unless previously disclosed as Al generated.

Applies to

Ai assisted exhibit or material

Must include

ai disclosure

Material created or drafted with AI assistance or use must be identified as such in its title or caption, in a table preceding the body, and by a separate contemporaneous notice.

Any exhibit, demonstrative, or other material to be filed or presented to the Court which was created or drafted with any assistance or use of an Al tool shall be identified as such in its title or caption, in a table preceding the body of exhibit, demonstrative, or other material, and by a separate Notice filed contemporaneously with the document or material.

Applies to

Virtual appearance request

A request to appear virtually must use local form No. 13-20100-360.

Please use local form No.13-20100-360 when submitting a request to appear virtually.

Applies to

Proposed special verdict form

A proposed special verdict form is required when a party requests one.

Proposed special verdict form if you are requesting one.

Applies to

Court reporter

Parties must bring their own court reporter in Civil Courts.

Civil Courts now require parties to bring their own court reporter.

Applies to

Proposed joint special verdict form

A proposed joint special verdict form must be submitted if a party requests one.

Proposed Joint Special Verdict Form if you are requesting one.

Applies to

Disputed jury instructions

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

All counsel are required to meet and confer and submit instructions to which there is a disagreement as a separate submittal.

Applies to

Exhibits

All exhibits must be marked before testimony begins, and each party or counsel must review them.

Have all exhibits marked before the start of testimony and make certain that each party, or their counsel, has reviewed them.

Applies to

Opening or closing slides

PowerPoint slides used in opening or closing must be shown to the opposing side.

If you are using any PowerPoint slides in your opening or closing, make sure they have been shown to the opposing side.

Applies to

Jury instructions and verdict forms

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.

Applies to

Trial brief

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.

Applies to

Joint report

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;

Applies to

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.

Applies to

Stipulation and order to use certified shorthand reporter

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."

Applies to

Defendant jury instructions

Defendant's jury instructions should include additional instructions not previously submitted by Plaintiff and a list of objections to Plaintiff's instructions.

They should include any additional instructions not previously submitted by Plaintiff and a list of objections to Plaintiffs instructions.

Applies to

Idc brief

The IDC brief must include a list of the specific discovery requests in dispute.

This brief shall include a list of the specific discovery requests in dispute.

Applies to

Idc brief

Failure to obey the order may result in sanctions against the offending party under CCP 177.5.

Failure to obey this Order may result in Sanctions for the offending party pursuant to CCP 177.5.

Applies to

Preliminary approval motion

The motion must state whether the settlement amount depends on class-member claims and whether any remainder reverts to defendants.

6. Whether the settlement amount is dependent upon the number and amount of claims made by class members, with the remainder reverting to defendants.

Applies to

Motion for preliminary approval

The motion must state whether anyone other than the third-party administrator will handle class notice and the receipt of objections or opt-outs.

19. Whether class notice and receipt of any objections or opt-outs will be handled by anyone other than the third-party administrator.

Applies to

Preliminary approval motion

The motion must disclose any cy pres distribution of excess funds and, if one is provided, include a declaration establishing the propriety of the recipient and distribution under Code of Civil Procedure section 384.

7. Whether the settlement provides for a cy pres distribution of excess funds and, if so, a declaration demonstrating the propriety of the cy pres recipient and distribution under Code of Civil Procedure section 384.

Applies to

Preliminary approval motion

The motion must state estimated highest, lowest, and average individual recoveries and, for Wage & Hour and PAGA cases, the total work weeks or pay periods and estimated recovery per period.

8. The estimated highest, lowest, and average amount that class members and aggrieved employees will receive as their share of the settlement distribution. In class actions alleging Labor Code violations (“Wage & Hour Cases”) and PAGA, the total number of work weeks (or pay periods) and the estimated amount each class member and aggrieved employees will receive per work week (or pay period).

Applies to

Preliminary approval motion

The motion must disclose any affirmative duties or obligations imposed on class members by the proposed settlement.

12. Any affirmative duties or obligations that the proposed settlement places upon class members.

Applies to

Preliminary approval motion

In Wage and Hour cases, the motion must state the wage percentage of the net settlement, whether employer payroll taxes will be paid separately, and any deduction from the gross settlement amount.

13. In Wage and Hour Cases, the percentage of the net settlement that is characterized as wages for income tax purposes, and whether the defendant will be paying employer-side payroll taxes on the wages portion separately from the gross settlement amount. If the employer-side payroll taxes are deducted from the gross settlement amount, the estimated amount of the deduction.

Applies to

Proposed order

The proposed order must include approval of any third-party administrator.

21. A proposed order granting preliminary approval of the class settlement which includes: d. Approval of any third-party administrator.

Applies to

Trial brief

For jury trials, trial briefs are required only when the estimated trial duration exceeds eight days.

Trial briefs are only required for jury trials if the time estimate is over eight days.

Applies to

Joint trial lists

Joint lists must be genuinely integrated: each witness and each exhibit should appear only once, although exceptions may be made for documents with later handwritten additions.

“Joint” means combined and integrated. It does not mean that Defendant's list is copy-and-pasted after Plaintiff’s list on the same pleading. For example, the witness list should list each witness’s name once—not once on Plaintiff's portion and once on Defendant's portion. Similarly, the joint exhibit list should not repeat exhibits. Each exhibit should only appear once.

Applies to

Trial brief

Trial briefs should not be submitted for jury trials unless the estimated trial duration exceeds ten days.

Please do not submit trial briefs for jury trials unless the time estimate is over ten days.

Applies to

Trial brief

The court will not consider a trial brief unless it requested one.

The Court will not consider trial briefs it did not ask for.

Applies to

Joint jury instructions

Counsel should clearly mark disputed instructions because the court will treat unmarked instructions as undisputed.

Counsel should clea rly mark any disputed instructions, The Court will consider all unmarked instructions as “undisputed.”

Applies to

Exhibits

Counsel should limit trial exhibit books to pages necessary for witness examination and the jury.

The Court expects counsel! to limit the trial exhibit books to the pages necessary for witness examination and for the jury.

Applies to

Exhibits

Discovery responses should not be included as trial exhibits.

Discovery responses should not be a trial exhibit.

Applies to

Exhibits

Deposition transcripts should not be included as trial exhibits.

Deposition transcripts should not be a trial exhibit.

Applies to

Exhibits

Exhibits planned for impeachment should be excluded from the exhibit books.

Exhibits planned for impeachment should not be in the exhibit books.

Applies to

Remote testimony

When remote testimony is used, counsel should have a trial team member familiar with its operation and troubleshooting; the Court will not provide IT assistance for technical difficulties.

Should counsel choose to utilize this format, the Court expects counsel to have at least one trial team member familiar with running and troubleshooting the technology present during the witness's testimony. The Court will not provide IT assistance should technical difficulties occur before or during the witness's testimony.

Applies to

Remote testimony notice

The party calling a remote witness should remind all other parties and the Court at least 48 hours before testimony.

The party calling the remote witness is expected to remind all other parties and the Court at least 48 hours before the witness testifies.

Applies to

Exhibits

The party calling a remote witness should coordinate with all counsel and the witness to ensure it has all proposed exhibits from every party before testimony.

The party calling the remote witness is expected to work with all counsel and the witness to ensure the witness has all proposed exhibits from all parties prior to testifying.

Applies to

Remote testimony

The attorney calling a remote witness should conduct a test run with the witness and Courtroom Attendant during a break or the day before testimony.

The attorney calling the witness is expected to conduct a “test run” with both the witness and the Courtroom Attendant one of the breaks or the day prior.

Applies to

Ai assisted document

Counsel must retain records sufficient to identify AI-created or AI-drafted portions of a filing if the Court requests them.

Counsel shall maintain records sufficient to identify, if requested by the Court, those portions of the text of a pleading, brief, or document submitted to the Court which was created or drafted by an AI tool.

Applies to

Settlement approval motion

The Court will deny a settlement-approval motion if counsel fails to provide the requested information.

Should counsel fail to provide the requested information, the Court will deny the motion.

Applies to

Subsequent settlement approval motion

A later preliminary- or final-approval motion must identify its sequence in the title and include both a redlined or track-changes copy and a clean copy.

Any Motion for Preliminary Approval or Motion for Final Approval filed beyond the initial motion must be titled as such (e.g. “Third Motion for Preliminary Approval”) and include a redlined or “track changes” copy showing the Court any revisions to the documents previously submitted. The redline/”track changes” copy should be submitted in addition to a clean copy.

Applies to

Joint idc statement

A party or attorney that fails to participate in preparing the Joint IDC statement may be subject to sanctions.

Failure to participate in preparing the Joint IDC statement will subject the non-participating party and/or attorney to sanctions.

Applies to

Defendant jury instructions

Defendant's jury instructions should include only additional instructions not previously submitted by Plaintiff and a list of objections to Plaintiff's instructions.

Defendant’s jury instructions are due filed on the first day of trial and should only include additional instructions not previously submitted by Plaintiff and a list of objections to Plaintiff’s instructions.

Applies to

Stipulation and order for appointment of official reporter pro tempore

A party that does not retain a Certified Shorthand Reporter for appointment as official reporter pro tempore waives an official court reporter for the proceeding.

Parties who do not retain a Certified Shorthand Reporter to be designated as an official Court Reporter Pro Tempore are deemed to have waived an official Court Reporter for the proceeding.

Applies to

Motion in limine

Written motions in limine and any oppositions to them are among the documents to be submitted at the readiness calendar.

Motions in Limine, in writing, if any, having been served on opposing party 8 days before. [See Kelly v. New West Federal Savings (1996) 49 CA4th 659; SBC LR 415.] Also any oppositions.

Applies to

Opposition

Oppositions to motions in limine are to be submitted at the readiness calendar.

Also any oppositions.

Applies to

Proposed special verdict form

A proposed special verdict form must be submitted when a party requests one in a jury trial.

6. Proposed Special Verdict form (if you are requesting one) (Jury Trials)

Applies to

Proposed voir dire questions

Proposed voir dire questions or a questionnaire must be submitted if provided in a jury trial.

7. Proposed Voir Dire Questions and/or questionnaire, if any (Jury Trials)

Applies to

Statement of stipulated facts

A statement of stipulated facts must be submitted if applicable in a jury trial.

8. Statement of Stipulated Facts, if any. (Jury Trials)

Applies to

Joint exhibit list

Counsel must provide email addresses to the judicial assistant and return one completed joint exhibit list by email.

The Courts Judicial Assistant will email the exhibit list template to Counsel. Please provide the JA with your email addresses, Counsel are to return one completed joint list via email to the JA at LMariscal@sb-court.org

Applies to

Ai assisted exhibit or material

Must include

ai disclosure

Counsel must retain records sufficient to identify AI-created or AI-drafted portions of an exhibit, document, or other material if the court requests them.

Counsel shall maintain records sufficient to identify, if requested by the Court, those portions of that exhibit, document, or material created or drafted by use of an Al tool.

Applies to

Trial brief

All listed readiness-calendar items are mandatory except the trial brief, which is optional for jury trials.

All the above listed items are MANDATORY except for the trial brief, which is optional for jury trials (SBC Local Rule 411)

Applies to

Trial brief

A trial brief is optional for jury trials.

Trial Brief (optional for jury trials).

Applies to

Joint proposed jury instructions

Including proposed jury instructions in the joint set does not waive the right to object to those instructions.

Inclusion of jury instructions in the set is not waiver of the right to object.

Applies to

Joint proposed jury instructions

Including proposed jury instructions in the joint set does not waive a party's right to object to those instructions.

Inclusion of jury instructions in the set is not a waiver of the right to object

Applies to

Trial brief

A trial brief is unnecessary when the matter proceeds to a court trial.

** NOT NECESSARY IF THE MATTER IS PROCEEDING AS A COURT TRIAL

Applies to

Joint trial lists

The no-duplication rule for joint lists may have exceptions for documents with later additions, such as handwritten notes.

Exceptions may be made for documents with subsequent additions, e.g. handwritten notes.

Applies to

Trial documents

The parties are expected to be familiar with all applicable trial local rules, including Local Rules 411 and following.

LOCAL RULES- The parties are expected to be familiar with all the applicable local rules for trial (Local Rules 411 et seq.)

Applies to

Notice of remote testimony

The Court generally permits non-party witnesses to testify remotely by Zoom, Teams, or similar technology if notice is provided at the Trial Readiness Conference.

The Court generally allows non-party witnesses to testify via Zoom, Teams, or any similar technology, upon notice at the Trial Readiness Conference.

Applies to

Trial brief

A trial brief is listed for jury and court trials but is expressly not mandatory.

9. Trial Brief. (Jury and Court Trials)