Court Rules
About Judge Leah M. Boucek

Judge Leah M. Boucek is a judge of the Superior Court of California, County of San Diego, the state trial court serving San Diego County.

This judge's published procedures include hearing orders for Department 704.

Common questions about Judge Leah M. Boucek's rules

Are courtesy copies required for Judge Leah M. Boucek?

Courtesy-copy rule applies for exhibit lists. Details: 3 copies. Exhibit lists must be provided to the court in three copies (for the court, the court clerk, and the court reporter if one is obtained).

View ruleSource: page 5, section Exhibits

What formatting rules apply to filings before Judge Leah M. Boucek?

Judge Leah M. Boucek's formatting rule includes exhibits must be pre-marked and tabbed: petitioner uses numbers; respondent uses letters, if respondent has more than 26 exhibits, petitioner shall use 1-400 and respondent shall use 401-800, and minor's counsel may use the court's exhibit tags (brown) and shall begin with number 801. Exhibits must be pre-marked and tabbed with Petitioner using numbers and Respondent using letters, with specified numbering ranges (1-400, 401-800, and 801+ for Minor's Counsel).

View ruleSource: page 3, section Exhibits

What must be included with exhibits filings before Judge Leah M. Boucek?

The rule identifies required filing content or certificates. Parties must provide their own laptop or equipment to present electronically stored evidence at trial because the Court cannot insert storage devices into its computers.

View ruleSource: page 7, section Exhibits

What must be included with expert report filings before Judge Leah M. Boucek?

The rule identifies required filing content or certificates. Experts must meet and confer before trial and provide the court a side-by-side comparison showing differences, reasons for differences, and agreements on the issues covered by their reports.

View ruleSource: page 9, section Experts:

How may parties contact Judge Leah M. Boucek's chambers?

The rule addresses phone communications with Judge Leah M. Boucek's clerk. The rule lists phone 619-844-2074. Call 619-844-2074 to schedule an appointment with the department clerk before delivering documents.

View ruleSource: page 11, section Filing:

Does Judge Leah M. Boucek require motion papers to be bundled?

Yes. Judge Leah M. Boucek requires bundling for covered papers. Exhibits exceeding 50 pages must be compiled in 3-ring binders, and multiple binders must identify their contents on the front and spine.

View ruleSource: page 5, section Exhibits

Is electronic filing required before Judge Leah M. Boucek?

No. Electronic filing is prohibited for the covered filings. All trial-related documents must be filed directly in Department 704; e-filing of trial documents is prohibited.

View ruleSource: page 11, section Filing:

When is a filing treated as filed before Judge Leah M. Boucek?

The rule addresses filing timing, filing status, or cure windows. Evidentiary hearing briefs, exhibits, exhibit lists, and witness lists are due by close of business at least five court days before the scheduled trial/evidentiary hearing.

View ruleSource: page 3, section Trial/Evidentiary Hearings

What rule applies to personal service for the opposing party before Judge Leah M. Boucek?

The rule addresses service method, recipient, or timing requirements. Details: method: personal service, recipient: the opposing party. Each party must provide one set of exhibit binders to opposing counsel and have binders available to witnesses, with advance delivery of all exhibits to remote MS Teams witnesses.

View ruleSource: page 5, section Exhibits
Complete rules summary for Judge Leah M. Boucek

Parties must include a means of return for all exhibits.

Trial briefs must be exchanged per California Rule of Court 5.394 unless the court orders otherwise, and must use form D-241.

Evidentiary hearing briefs, exhibits, exhibit lists, and witness lists are due by close of business at least five court days before the scheduled trial/evidentiary hearing.

Exhibits must be pre-marked and tabbed with Petitioner using numbers and Respondent using letters, with specified numbering ranges (1-400, 401-800, and 801+ for Minor's Counsel).

Multi-page exhibits must have each page identified with a bate-stamped number in the lower right-hand corner.

Documents such as bank records must be broken down into monthly periods, each labeled as a separate exhibit, with multi-page documents bate stamped.

Exhibits subject to judicial notice are not marked 'RECEIVED'; impeachment exhibits are identified as 'the next in order' and the clerk marks and adheres the tag.

Exhibit tags must not cover any part of the exhibit, are placed on the back or last page if needed, and the exhibit number goes in the lower right-hand corner using a pink tag for Petitioner or yellow tag for Respondent with case and exhibit numbers pre-written.

Exhibit lists must be formatted with columns for exhibit number, description, ID'd, and Rec'd for both petitioner and respondent exhibits.

Exhibits exceeding 50 pages must be compiled in 3-ring binders, and multiple binders must identify their contents on the front and spine.

Exhibit binders must not exceed three inches in thickness; oversized binders will likely be returned for reorganization.

Each party must provide one set of exhibit binders to opposing counsel and have binders available to witnesses, with advance delivery of all exhibits to remote MS Teams witnesses.

Parties must meet and confer in advance on the admissibility of evidence.

The Court welcomes iPad use for evidence presentation at trial if resources allow; if iPads are used, only one set of devices should be provided for trial.

If iPads are used for exhibits, all parties must provide one set of hard copy exhibits for the clerk to mark and for use in the event of equipment failure.

Parties must meet and confer on exhibit admissibility and note any stipulated exhibits on the binder cover sheet.

Parties must provide their own laptop or equipment to present electronically stored evidence at trial because the Court cannot insert storage devices into its computers.

Exhibits must be moved into evidence as presented and are deemed authenticated absent a genuine dispute.

Text messages and social media posts must be identified by date and time on the exhibit.

In limine motions must be filed and served per the TSC/TRC schedule, or if none, no later than five court days before trial or the evidentiary hearing, unless the court orders otherwise.

Opposition to in limine motions must be filed and served no later than two court days before trial.

Experts must meet and confer before trial and provide the court a side-by-side comparison showing differences, reasons for differences, and agreements on the issues covered by their reports.

Parties and witnesses appearing remotely must have copies of all necessary exhibits in advance of the hearing.

Witnesses authorized to appear via videoconferencing must know how to connect to Microsoft Teams and have a good connection prior to the hearing.

Income and Expense Declarations must be complete per statutory requirements, follow FL-150 directions, include proof of income, and the most recent tax return must be brought to the hearing.

Parties must file an Interpreter Request/Cancellation Form (SDSC ADM-348) as soon as possible if an interpreter is needed.

Interpreter Request form should be filed at least 3-4 weeks before the hearing/trial.

All trial-related documents must be filed directly in Department 704; e-filing of trial documents is prohibited.

Call 619-844-2074 to schedule an appointment with the department clerk before delivering documents.

Department 704 does not accept documents via email; do not request permission to email documents.

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