San Diego Superior Court Document Filing Requirements

Applies to

Motion to seal

Must include

proposed order

A proposed sealing order must be provided to the Court setting forth the facts and legal basis.

A proposed sealing order must be provided to the Court setting forth the facts and legal

Applies to

Guardian ad litem application

Guardian ad litem applications must include form CIV-383 unless the applicant is an adult dependent.

Guardian Ad Litem applications shall include attachment form CIV-383, except if an adult dependent.

Applies to

Pro hac vice application

Must include

proposed order, certificate of service

Pro hac vice applications must comply with CRC 9.40 and include proof of service, proof of fee payment, and a proposed order.

Applications for pro hac vice must comply with California Rules of Court Rule 9.40. Applications must include proof of service on the State Bar of California, proof of payment of the required fee, and a proposed order.

Applies to

Application for determination of good faith settlement

Must include

proposed order

A proposed order must be submitted concurrently with a good-faith-settlement application and notice.

The proposed order shall be submitted concurrently with the notice and application for determination of good faith settlement pursuant to Code of Civil Procedure § 877.6 (a)(2).

Applies to

Stipulated advisory to continue

Must include

proposed order

A stipulation to continue a date must include a proposed order.

The stipulation should include a proposed order.

Applies to

Joint trial readiness conference report

The Trial Readiness Conference report must contain an agreed statement of the case, joint witness list, joint exhibit list, joint jury instructions list with index, and proposed verdict forms.

The Court expects the TRC report to contain the following: a) Agreed upon, non-argumentative statement of the case; b) Joint witness list in alphabetical order; c) Joint exhibit list with objections or stipulations noted on the exhibit list, numbered sequentially (see exemplar). NOTE: the Court expects the parties to have met in person or remotely and exchanged/reviewed ALL exhibits except for true impeachment, prior to submitting the TRC Report; d) Joint list of jury instructions, together with an index, in the order in which they are requested to be given, with objections noted; and e) Proposed verdict form(s).

Applies to

Joint trial notebook

Plaintiff's counsel must prepare a joint Trial Notebook containing the table of contents, trial readiness report, pleadings, expert designations, trial briefs, motions in limine with index, witness and exhibit lists, proposed voir dire, jury instructions, and special verdict forms.

The notebook will be prepared by plaintiff’s counsel. The notebook should be joint and contain: a) Table of Contents; b) Joint Trial Readiness Report; c) Operative Pleadings (i.e. complaint, answer, cross complaint); d) Expert Designations; e) Trial Briefs; f) Motions in Limine and Oppositions (in order) and index of the MILs (MILs should be in separate binder from rest of items in Dept. 70’s Trial Checklist 1 – 12); g) Joint Witness List (alpha order, brief description of witnesses’ expected testimony); h) Joint Exhibit List (follow grid format; see Dept. 70 link on web page); i) Joint Statement of the Case; j) Proposed Voir Dire questions counsel wish the Court to ask; k) Jury Instructions in one packet (full text in sequential order with objections identified); and l) Special Verdict Form(s)

Applies to

Case management statement

Counsel must file a Case Management Statement per CRC rule 3.725.

Counsel shall file a Case Management Statement pursuant to California Rules of Court (“CRC”), rule 3.725.

Applies to

Trial call documents

On the first day of trial, counsel must provide a Joint Witness List, Joint Exhibit List, Joint Statement of the Case, and Jury Instructions.

On the first day of trial, counsel/parties must provide to the Court: 1. Joint Witness List with a short sentence describing the witness (i.e. “Dr. Joe Smith, an internist from Mercy Hospital”); 2. Joint Exhibit List (follow grid format on attachment to the Advance Trial Review Orders); 3. Joint Statement of the Case; 4. Jury Instructions - in sequential order with a post-it note indicating who objects to the instruction;

Applies to

Proposed order

Must include

certificate of service

Documents submitted to the Court for review must include a proof of service; filings without one will not be reviewed, except for stipulations signed by all parties.

Documents submitted to the Court for review must be accompanied by a proof of service.

Applies to

Trial notebook

Counsel must bring a joint trial notebook to trial call containing ten specified items, and failure to limit special verdict form disputes results in a general verdict form.

At trial call, counsel must bring a joint trial notebook, which should be comprised of the following: 1. Table of Contents 2. Copy of Joint Trial Readiness Report 3. Copies of Motion in Limine and Oppositions (in order) 4. Joint Witness List (with description of witnesses' expected testimony) 5. Joint Exhibit List 6. Copies of Trial Briefs (if any) 7. Joint Statement of the Case 8. Proposed Voir Dire Questions (if any) 9. Jury Instructions (packet agreed upon and packet of those not agreed upon, with indication of who is offering and objecting) 10. Special Verdict Form (either an agreed upon form or each side's proposed forms). If the parties fail to make a genuine effort to limit disputes on the form of the special verdict, a general verdict form will be utilized.

Applies to

Proposed order

The proposed order for a good faith settlement must contain specific statutory language.

The proposed order should contain the following language: The determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. CCP §877.6(c).

Applies to

Guardian ad litem application

Guardian ad litem applications will not be granted unless the moving party submits the documents required by San Diego Superior Court Local Rules, Rule 2.4.6.

Applications for the appointment of guardians ad litem will not be granted unless the moving party submits the documents required by the San Diego Superior Court Local Rules, Rule 2.4.6.

Applies to

Trial brief

Trial briefs must be exchanged by the parties per California Rules of Court Rule 5.394 using form D-241 unless the court orders otherwise.

They are to be exchanged by the parties according to Rule 5.394 of the California Rules of Court unless specifically ordered otherwise by the court. The trial brief form (D-241) can be located on the court's website.

Applies to

Exhibits

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.

Be advised that the Court does not have the capability of presenting electronically stored evidence using its own equipment. The Court has a screen on which evidence can be shown, and cables that can be connected to a laptop, but will not be able to insert flash drives, memory sticks, CDs, or other storage devices into court computers or laptops. Therefore, you must provide your own laptop or other equipment to show that evidence during the trial.

Applies to

Expert report

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.

Experts must meet and confer prior to the trial. They must prepare a side-by-side comparison that must be provided to the court showing the differences and the reasons for the differences and any agreements on the same issues for which they have submitted a report to the court for the trial (i.e. income available for support, business valuation).

Applies to

Exhibits

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

You must ensure that any parties or witnesses appearing remotely have copies of all necessary exhibits in advance of the hearing.

Applies to

Income and expense declaration

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.

Please be sure Income and Expense Declarations are complete per statutory requirements and follow directions on the form FL-150, providing proof of income and bringing your most recent tax return to the hearing.

Applies to

Pro hac vice application

Must include

proposed order, certificate of service

Pro hac vice applications must include proof of service on the State Bar of California, proof of payment of the required fee, and a proposed order.

Applications must include proof of service on the State Bar of California, proof of payment of the required fee, and a proposed order.

Applies to

Trial readiness report

A completed joint trial readiness conference report must be filed in advance of the hearing per local rule 2.1.15.

A completed joint trial readiness conference report shall be filed in advance of the hearing pursuant to local rule 2.1.15.

Applies to

Joint trial notebook

At trial call, counsel must bring a joint trial notebook containing the enumerated pretrial materials.

At trial call, counsel must bring a joint trial notebook, which should be comprised of the following: 1. Table of Contents 2. Copy of Joint Trial Readiness Report 3. Copies of Motion in Limine and Oppositions (in order) 4. Joint Witness List (with description of witnesses’ expected testimony) 5. Joint Exhibit List 6. Copies of Trial Briefs (if any) 7. Joint Statement of the Case 8. Proposed Voir Dire Questions (if any) 9. Jury Instructions (packet agreed upon and packet of those not agreed upon, with indication of who is offering and objecting)

Applies to

Exhibit book

All exhibits must be pre-marked in an up-to-date exhibit book.

All exhibits must be pre-marked in an up-to-date exhibit book.

Applies to

Motion in limine

All motions in limine must be filed per local rule 2.1.18.

All motions in limine must be filed per local rule 2.1.18.

Applies to

Default judgment papers

Default judgment papers must strictly comply with California Rules of Court rule 3.1800; non-complying papers will be returned with a notation of defects.

Papers must comply strictly with California Rules of Court, rule 3.1800. Non-complying papers will be returned with a notation of defects.

Applies to

Stipulation

Must include

proposed order

Stipulations must be submitted with a proposed order; the Court reviews them and may schedule an ex parte hearing.

The Court will review the Stipulation and Proposed Order and if necessary, will call the parties to schedule an Ex-Parte hearing.

Applies to

Trial notebook

Counsel must bring a joint trial notebook to trial call with specified contents.

At trial call, counsel must bring a joint trial notebook, which should include the following: 1. Table of Contents 2. Copy of the Joint Trial Readiness Report 3. Copies of Motions in Limine and Oppositions (in order) 4. 3 copies of the Joint Witness List (with description of witnesses’ expected testimony) 5. 2 copies of the Joint Exhibit List 6. Copies of Trial Briefs (if any) 7. Joint Statement of the Case, in neutral language suitable to be read to prospective jurors. 8. Voir Dire questions counsel requests court to ask 9. Jury Instructions (packet agreed upon and packet of those not agreed upon, with indication of who is offering and objecting) 10. Special Verdict Form - either an agreed upon form or each side’s proposed forms. If the parties fail to make a genuine effort to limit disputes over the form of the special verdict, a general verdict form will be used.

Applies to

Motion cutoff date request

Must include

proposed order

Motion cutoff dates require a written stipulation and proposed order, granted upon good cause without appearance.

Motion cutoff dates may be requested by submitting a written Stipulation and Proposed Order, and upon a good cause finding will be granted without an appearance.

Applies to

Application for good faith settlement

Must include

proposed order

Application for good faith settlement and proposed order must be concurrently filed.

The application for good faith settlement pursuant to Code of Civil Procedure section 877.6(a)(2) and proposed order shall be concurrently filed, after which it will be held the requisite statutory period (20 days plus 5 for mailing).

Applies to

Default judgment papers

Default judgment papers must comply strictly with CRC 3.1800; non-complying papers will be returned.

Papers must comply strictly with California Rules of Court, rule 3.1800. Non-complying papers will be returned with a notation of defects.

Applies to

Increased bid form

A successful overbidder must complete, sign, and file the Increased Bid in Open Court form (SDSC PR-065) before the hearing concludes or confirmation fails.

When there is a successful overbid in open court on a sale of real property, an “Increased Bid in Open Court” (SDSC PR-065) must be completed, signed, and filed with the court before the conclusion of the hearing; otherwise, confirmation is not effective.

Applies to

Trial readiness conference statement

Parties must provide a joint statement before each Trial Readiness Conference unless excused by the Court.

The parties must comply with the requirements of Local Rule 5.8.3 and provide a joint statement before each TRC, unless excused by the Court.

Applies to

Trial brief

Trial brief, exhibit list, and witness list must be delivered to the Department no later than seven court days before the trial or evidentiary hearing.

Unless the Court states otherwise at the TRC, a trial/evidentiary hearing brief, exhibit list, and witness list are required and must be delivered directly to this Department no later than seven court days (not calendar days) in advance of the trial/evidentiary hearing.

Applies to

Exhibits

Each party must provide a complete hardcopy set of their exhibits no later than two court days before the first day of trial.

Each party must provide a complete hardcopy set of their exhibits no later than two (2) court days before the first day of the trial/evidentiary hearing.

Applies to

Exhibits

Exhibit binders must include a cover page listing all exhibits with a column for the Court to mark admission status and date.

Your binder must include a cover page listing all exhibits with a column in which the Court can mark whether it was admitted or not, and on what date.

Applies to

Exhibits

The clerk must receive one complete set of each party's exhibits, and witnesses must have a complete set (hardcopy or IPad); remote witnesses must be provided relevant exhibits in advance.

The clerk must in all cases be provided one complete set of each party's exhibits. Each party is also required to ensure that the witnesses have a complete set of exhibits to use, either in hardcopy, or on an IPad. If a witness is appearing remotely, that witness must previously have been provided with a set of all exhibits relevant to their testimony.

Applies to

Exhibits

Each party must ensure sufficient copies of all impeachment and rebuttal documents used at trial for the Court, witnesses, and other parties.

each party must ensure there is a sufficient number of copies of all impeachment and rebuttal documents used at trial, for use by the Court, the witness, and the other parties.

Applies to

Discovery motion

Discovery motions must include copies of the relevant discovery requests and responses.

Include a copy of the relevant discovery requests and responses with your discovery motion.

Applies to

Trial brief

Parties must serve and file SDSC Form D-241 (or a substantially similar brief) at least 5 court days before the long cause hearing or trial.

Copy of Trial/RFO Brief - Pursuant to California Rules of Court 5.393 and 5.394 and San Diego Superior Court Local Rule 5.8.2, the parties are to serve and file San Diego Superior Court Form D-241 (or a separate brief containing the same information in substantially the same format) at least 5 court days before the long cause hearing or trial.

Applies to

Supervisor form

Supervisors must file FL-324P or FL-324NP before court-ordered visitations.

Professional and nonprofessional supervisors must fill out and file forms FL-324P (professional) or FL-324NP (nonprofessional) prior to any court-ordered visitations taking place.

Applies to

Trial plan statement

Parties requesting a TSC must submit a joint or separate trial plan statement including time estimate, issues, witness count, remote/in-person status, and expert witness information.

If the parties are asking for a TSC, they must submit a joint statement (preferred) or separate statements on their trial plans, including time estimate, the issues expected to be tried, the number of witnesses, whether the witnesses will be remote or in person, and whether there will be experts witnesses.

Applies to

Joint trial readiness conference report

If the case is not resolved, a completed Joint Trial Readiness Conference Report must be filed.

If the case is not resolved, a completed Joint Trial Readiness Conference Report shall be filed five (5) days before the scheduled TRC.

Applies to

Ex parte declaration

Ex parte filings must include a declaration stating disputed issues and attaching requests and responses.

A short declaration stating the issues in dispute along with attached copies of what has been requested and any responses given must be filed.

Applies to

Joint trial notebook

A Joint Trial Notebook with ten specified components must be provided at Trial Call.

Counsel are to provide a Joint Trial Notebook on this date that includes: 1. Table of Contents; 2. Joint Trial Readiness Report; 3. Motions In Limine / Oppositions with an index of the motions; 4. Joint Witness List with a short sentence describing the witness (i.e. "Dr. Jane Smith, an internist from Mercy Hospital"); 5. Joint Exhibit List (follow grid format on attachment to the Advance Trial Review Orders); 6. Trial Briefs; 7. Joint Statement of the Case (if not in Joint Trial Readiness Report); 8. Proposed Voir Dire questions counsel want the Court to ask; 9. Jury Instructions - One set in sequential order with a post-it note indicating who objects to the instruction; 10. Special Verdict Forms - either agreed upon forms or each side’s proposed forms. The forms should follow CACI as closely as possible and include all cause of actions and all parties. The verdict forms should be complete and on pleading paper without the firm name.

Applies to

Joint trial readiness report

A complete joint trial readiness conference report is required.

A complete joint trial readiness conference report must be filed five days prior to the scheduled hearing.

Applies to

Proposed stipulated protective order

Proposed stipulated protective orders must use language consistent with the Court's stated policy for protection of confidential information.

Proposed stipulated protective orders for protection of confidential information will only be approved by the Court if the language in the proposed order is consistent with the Court’s stated policy.

Applies to

Application for order for publication of summons

Applications for orders to serve by publication must use local forms CIV 48 and CIV 49 and may be submitted without an appearance.

Applications for orders for publication of summons may be submitted for review without an appearance. Please use the local forms CIV 48, CIV 49.

Applies to

Trial brief

Exhibits referenced in pre-trial filings (trial briefs or Motions in Limine) must be attached to those filings.

However, any exhibits referenced in the respective pre-trial filings (trial briefs and/or Motions in Limine) shall be attached to those briefs.

Applies to

Exhibit tag

Exhibit sticker tags must have the exhibit number, case number, and department number pre-written.

The exhibit sticker tag is to have the exhibit number, case number and department number pre-written as follows:

Applies to

Exhibit list

Exhibit lists must be formatted in the court's specified format to ensure correct identification and receipt of exhibits.

To assist the clerk and for the benefit of all to ensure the exhibits are correctly identified and received, please be sure the exhibit list is formatted as follows:

Applies to

Advanced trial review order

A signed copy of the Advanced Trial Review Order and Sanchez Waiver must be brought to the first day of trial.

Please review the department Advanced Trial Review Order and Sanchez Waiver prior to any Trial Readiness Conference hearing. The Court requests that a signed copy of these documents be brought to the first day of trial.

Applies to

Proposed order

Proposed stipulated protective orders will only be approved if their language is consistent with the Court's stated sealing policy.

Proposed Stipulated Protective Orders for protection of confidential information will only be approved by the Court if the language in the proposed order is consistent with the Court's stated policy discussed above.

Applies to

Exhibits

All exhibits must be pre-marked in an up-to-date exhibit book.

All exhibits must be pre-marked in an up-to-date exhibit book.

Applies to

Exhibits

Exhibits, demonstrative aids, and other opening statement materials must be shared with opposing counsel in advance.

All exhibits, demonstrative aids, or other material to be used in opening statements must be shared with opposing counsel in advance.

Applies to

Motion in limine

All motions in limine must be filed in accordance with local rule 2.1.18.

All motions in limine must be filed per local rule 2.1.18.

Applies to

Trial readiness report

A completed joint trial readiness conference report must be filed in advance of the hearing per local rule 2.1.15.

A completed joint trial readiness conference report shall be filed in advance of the hearing pursuant to local rule 2.1.15.

Applies to

Joint trial notebook

Virtual appearance at Trial Call is permitted only if a joint trial notebook has been previously submitted, containing the statement of the case, joint witness list, joint exhibit list, jury instructions, and proposed verdict forms.

The Court allows virtual appearances at Trial Call only if parties previously submitted a joint trial notebook, containing: 1. Agreed upon statement of the case; 2. Joint Witness List (all witnesses on one list); 3. Joint Exhibit List, with objections noted; 4. Joint set of jury instructions, in the order they are to be given with objections noted; 5. Proposed verdict form(s).

Applies to

Exhibits

All exhibits must be pre-marked and have numbered pages.

All exhibits should be pre-marked, with pages numbered.

Applies to

Application

Must include

certificate of service

For guardian ad litem, publication, pro hac vice, and default prove-up applications, moving papers must be submitted (with proof of service if applicable) and the court may set a hearing if necessary.

Guardian and Testament/Publication of Summons/Pro Hac Vice/Default prove ups: Submit moving papers for the court, with proof of service, if applicable; the court may set a hearing if deemed necessary.

Applies to

Exhibits

Bank records and similar documents must be broken down into monthly periods, with each month labeled as a separate exhibit and multi-page documents bates stamped.

Documents such as bank records should be broken down to monthly periods. For example, bank statements for the period 1/1/22 through 1/31/22 shall be labeled as exhibit 1; bank statements for the period 2/1/22 through 2/28/22 shall be labeled as exhibit 2, and so on and so forth. The multi-paged documents should be bates stamped as indicated above.

Applies to

Exhibit list

Exhibit lists must be provided to the court in three copies (court, clerk, and court reporter if one is obtained).

Exhibit lists are to be provided to the court. Three (3) copies are to be provided – for the court, the court clerk, and the court reporter (if one is obtained by the parties).

Applies to

Exhibits

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

Any text messages or social media posts must be identified by date and time on the exhibit.

Applies to

Exhibits

All exhibits must include a means of return.

Please be sure to include a means of return for all exhibits.

Applies to

Expert comparison

Experts must meet and confer and provide the court a side-by-side comparison of their reports showing differences, reasons, and agreements.

Experts must meet and confer prior to the trial. They must prepare a side-by-side comparison that must be provided to the court showing the differences and the reasons for the differences and any agreements on the same issues for which they have submitted a report to the court for the trial (i.e. income available for support, business valuation).

Applies to

Income and expense declaration

Income and expense declarations must be complete per statutory requirements and follow the directions on form FL-150.

Please be sure income and expense declarations are complete per statutory requirements and follow directions on the form FL-150.

Applies to

Interpreter request form

If an interpreter is needed, file the Interpreter Request/Cancellation Form (SDSC ADM-348) at least 3-4 weeks in advance of the hearing or trial.

If an interpreter is needed for a party or witness, please complete and file the Interpreter Request/Cancellation Form (SDSC ADM-348) as soon as possible. Please keep in mind, the Interpreter Request form should be filed at least 3-4 weeks in advance of the hearing/trial or it's possible an interpreter will not be available.

Applies to

Trial brief

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

They are to be exchanged by the parties according to Rule 5.394 of the California Rules of Court unless specifically ordered otherwise by the court. The trial brief form (D-241) can be located on the court's website.

Applies to

Exhibits

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.

If iPads are utilized, one set of hard copy exhibits shall be provided by all parties, to be marked by the clerk and/or used in the event of equipment failure.

Applies to

Exhibits

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

Any text messages or social media posts must be identified by date and time on the exhibit.

Applies to

Interpreter request form

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

If an interpreter is needed for a party or witness, please complete and file the Interpreter Request/Cancellation Form (SDSC ADM-348) as soon as possible.

Applies to

Income and expense declaration

A current Income and Expense declaration must be filed and served with trial or evidentiary documents when financial relief is requested.

If a child support, spousal support, attorney fee, sanctions (if applicable) or financial request is being request, a current Income and Expense declaration must be filed and served with your trial/evidentiary documents.

Applies to

Interpreter request form

File the Interpreter request/cancellation form (SDSC ADM-148) as soon as possible, generally 3-4 weeks before a hearing or trial.

If an interpreter is needed for a party or witness, please complete and file the Interpreter request/cancellation form (SDSC ADM-148) as soon as possible. Generally, it should be filed 3-4 weeks in advance of a hearing/trial.

Applies to

Child testimony

Provide the Court with a picture of the child or children.

Please provide the Court with a picture of the child/children.

Applies to

Special verdict form

If the parties fail to make a genuine effort to limit disputes on the special verdict form, the court will utilize a general verdict form.

10. Special Verdict Form (either an agreed upon form or each side’s proposed forms). If the parties fail to make a genuine effort to limit disputes on the form of the special verdict, a general verdict form will be utilized.

Applies to

Proposed default judgment

Proposed default judgments claiming punitive or non-economic damages will usually require a hearing.

Proposed default judgments claiming punitive damages and/or non-economic damages will usually require a hearing.

Applies to

Stipulation

Must include

proposed order

A proposed order must accompany any stipulation to continue dates or deadlines.

Please provide a proposed order with any stipulation.

Applies to

Motion

If a concise outline is submitted, copies of the actual requests and responses must be submitted as exhibits to the motion.

In accordance with local rule 2.1.21, a prior order permitting the concise outline is not required. However, in the event the moving party elects to submit a concise outline, copies of the actual requests and responses shall be submitted as exhibits to the motion.

Applies to

Application for order to serve by publication

Applications for order to serve by publication may be submitted without appearance; court will scrutinize affidavits for diligence.

Applications requesting an order to serve by publication may be submitted for review without an appearance. The Court will scrutinize affidavits to determine whether the applicant has been reasonably diligent in attempting service in another manner, as required by Code of Civil Procedure section 415.50, subdivision (a) and CRC 379.

Applies to

Trial brief

Trial briefs must include enumeration of issues, statements of facts and law, unusual evidentiary or legal issues, and stipulations.

Trial briefs should include: (a) enumeration of the issues to be tried and the parties’ positions thereon, including the relief sought (and any specific dollar amounts sought) on the enumerated issues as delineated the original petition; (b) statements of the applicable facts and law, including the applicable standard(s) of proof, the party bearing the burden of proof and any burden shifting; (c) any unusual evidentiary or legal issues anticipated at trial; and (d) all matters of fact to which the parties stipulate.

Applies to

Stipulation and order

Stipulations and orders must clearly identify the hearings and petitions, including all ROA numbers, to be vacated, dismissed, or taken off calendar.

Any stipulation/orders filed by the parties shall clearly state the hearings and petitions, including all ROA#s to be vacated, dismissed or taken-off calendar.

Applies to

Income expense declaration

Income and Expense Declarations must be submitted with the trial briefs when relevant to the proceedings.

All Income and Expense Declarations, if relevant to the proceedings, must be submitted with the briefs.

Applies to

Interpreter request

Parties must advise the Court at the TRC if interpreters are needed and request them via Form SDSC ADM-348 well in advance.

Advise the Court at the TRC if interpreters will be needed. The parties are responsible for requesting interpreters via Form SDSC ADM-348 well in advance, and this will be confirmed at the TRC.

Applies to

Request

Parties appearing on MS Teams or wishing to present evidence electronically must request at the appropriate time that the Court make them a presenter.

If you will be appearing on MS Teams and/or wish to present your evidence electronically, you will need to request at the appropriate time that the Court make you a presenter so that you can

Applies to

Exhibits

Parties offering electronic sound or sound and video recordings as evidence at trial must comply with CRC rule 2.1040(b), or the evidence may be excluded.

Parties must comply with CRC rule 2.1040(b) if they plan to offer any electronic sound or sound and video recording as evidence at trial. Failure to do so could result in the exclusion of said evidence.

Applies to

Exhibits

Parties appearing remotely must have copies of all exhibits in advance of the hearing; testing equipment in advance is strongly encouraged.

remotely) have copies of all such exhibits in advance of the hearing. It is strongly encouraged that the parties test out their equipment in advance of the proceeding to ensure everything is functioning properly and no time is wasted during the proceeding trying to troubleshoot an electronic evidence presentation.

Applies to

Court filing

Parties must provide a current address and phone number to the Court and include contact information in each court filing.

Absent good cause, you must provide a current address and telephone number to the Court and include your contact information in each court filing.

Applies to

Settlement agreement

Settlement agreements must be put in writing.

Put any settlement agreement in writing.

Applies to

Proposed order

Parties must prepare proposed orders, judgments, and other required documents.

Parties are responsible for preparing proposed orders, judgments, and other required documents.

Applies to

Exhibit list

An exhibit list in grid format is required as part of the trial notebook.

Exhibit List - Grid format – see below for example

Applies to

Witness list

A witness list is required as part of the trial notebook.

Witness List

Applies to

Case management statement

Parties must meet and confer before the CMC and file a Case Management Statement per California Rules of Court Rules 3.724 and 3.725.

Parties and counsel must comply with California Rules of Court and San Diego Superior Court Local Rules, including the requirements that the parties meet and confer prior to the CMC and file a Case Management Statement. (California Rules of Court, Rule 3.724 and 3.725.)

Applies to

Case management statement

Must include

certificate of service

Parties must file and serve a Case Management Statement in compliance with Rule 3.725.

The parties are expected to file and serve a Case Management Statement in compliance with Rule 3.725 of the California Rules of Court.

Applies to

Stipulation to continue

Must include

proposed order

A proposed order must accompany any stipulated request to continue dates or deadlines.

Please provide a proposed order with any stipulation.

Applies to

Default judgment

Must include

proposed order

A proposed judgment must be submitted with any request for entry of a default judgment.

Plaintiff should submit a proposed judgment in connection with any request for entry of a default judgment.

Applies to

Trial call materials

At trial call for jury trials, parties must provide verdict form, jury instructions, exhibit list, witness list, statement of the case, joint trial notebook, and in limine motion notebook.

At the trial call for jury trials, the parties shall provide the following materials: (1) the verdict form(s), in final format, so that the form(s) can be photocopied and given to the jury; (2) the jury instructions, in final format, so that the instructions can be photocopied and given to jury; (3) the exhibit list, in the format identified in the Local Rules; (4) a list of witnesses expected to be called at trial, in a format that is suitable for photocopying to give to prospective jurors; and (5) a statement of the case to be read to prospective jurors. Additionally, counsel must provide a joint trial notebook and an in limine motion notebook, tabbed by motion and including objections.

Applies to

Discovery motion

The Court permits a moving party to submit a concise outline of the discovery request and each response in dispute without express court order.

Code of Civil Procedure sections 2030.300, 2031.310, and 2033.290 allow a court to authorize a moving party to submit a concise outline of the discovery request and each response in dispute. This Court permits such practice without express court order.

Applies to

Exhibits

Exhibits judicially noticed are not marked 'RECEIVED' on the tag; impeachment exhibits are identified as 'the next in order' and the clerk marks and adheres the tag.

When judicial notice is taken of a document/exhibit, it is not indicated "RECEIVED" on the exhibit tag. If there are impeachment exhibits, they can be identified as "the next in order" and the clerk will mark and adhere the exhibit tag.

Applies to

Exhibits

Parties must include a means of return for all exhibits.

Please be sure to include a means of return for all exhibits.

Applies to

Exhibits

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

Please meet and confer in advance as to the admissibility of evidence.

Applies to

Exhibits

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

The Court strongly encourages the parties to agree on the admissibility of exhibits, if possible, and the parties are ordered to meet and confer regarding the same. If parties stipulate to exhibits, note the stipulated exhibits on the cover sheet in the binder.

Applies to

Exhibits

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

Move exhibits into evidence as you present them at trial. Exhibits are deemed authenticated unless there is a genuine dispute. You need not ask a witness to authenticate a document unless the opposing party objects.

Applies to

Exhibits

Parties are ordered to meet and confer on exhibit admissibility; stipulated exhibits must be noted on the cover sheet or exhibit lists, and the Court will not receive stipulated exhibits en masse.

The Court strongly encourages the parties to agree on the admissibility of exhibits, if possible, and the parties are ordered to meet and confer regarding the same. If parties stipulate to exhibits, note on the cover sheet in the binders or on the exhibit lists which exhibits those are. The Court will not receive stipulated exhibits into evidence en masse, but prior stipulations to the admissibility of exhibits will create greater efficiency and save time during the proceeding.

Applies to

Exhibits

Parties must include a means of return for all exhibits and lodgments.

Be sure to include a means of return for all exhibits and lodgments.