San Diego Superior Court Document Filing Requirements

CRITICALCivil cases

Applies to

Joint trc report

The Joint TRC Report must include a joint witness list, joint jury instructions, disputed instructions and witnesses, and a joint exhibit list with objections and stipulations.

In addition to the usual requirements, the TRC report must include: • A joint list of witnesses. • A joint list of jury instructions • A list of disputed jury instructions, noting the requesting party • A list of disputed witnesses, noting the requesting party. • A joint list of exhibits using the format shown in the Court's ATRO, noting any objections and stipulations.

CRITICALCivil cases

Applies to

Proposed order

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

A proposed sealing order must be provided to the Court setting forth the facts and legal basis which supports the sealing of each item subject to the sealing request.

CRITICALCivil cases

Applies to

Trial notebook

Counsel must bring a Joint Trial Notebook to Trial Call containing specified documents including TOC, TRC report, pleadings, expert designations, motions in limine, witness and exhibit lists, trial briefs, statement of the case, voir dire, jury instructions, and special verdict form.

At Trial Call, counsel must bring a Joint Trial Notebook, which should be comprised of the following: 3 ===== PAGE 4 ===== 1. Table of Contents 2. Joint Trial Readiness Report 3. Operative pleadings (i.e. complaint, cross-complaint, answer, etc.) 4. Expert designations 5. Motions in Limine and Oppositions (in order) with an index 6. Joint Witness List (with description of witnesses’ expected testimony) 7. Joint Exhibit List. The list must be carefully reviewed to ensure the description of the exhibit matches the exhibit and that there are no duplicates. 8. Trial Briefs (if any) 9. Joint Statement of the Case, in a neutral form suitable to be read to prospective jurors. 10. Proposed Voir Dire Questions (if any) 11. Jury Instructions (packet agreed upon and packet of those not agreed upon, with indication of which party is offering and objecting) 12. Special Verdict Form (either an agreed upon form or each

CRITICALCivil cases

Applies to

Default judgment

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

Papers must comply strictly with CRC Rule 3.1800. Non-complying papers will be returned with a notation of defects.

CRITICALCivil cases

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 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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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).

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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)

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

Applies to

Joint summary

The parties must file a joint summary of disputed issues for the informal discovery conference.

The parties are required to file a joint summary of disputed issues, not exceeding two pages, and to have a courtesy copy delivered to the Department 72 mailbox (located inside the Civil Business Office) no later than the Friday prior to the conference.

CRITICAL

Applies to

Deposition transcript

Copies of deposition transcripts to be used at trial are due on the first day of trial and must be lodged on the shelf in front of the bench.

In addition, the following are due the day trial commences: 4. Copies of Deposition Transcripts that will be used during trial. These are to be lodged by placing them on the shelf in front of the bench.

CRITICAL

Applies to

Joint exhibit list

Three copies of the Joint Exhibit List are due the day trial begins.

In addition, the following are due the day trial commences: 3. Three copies of the Joint Exhibit List.

CRITICAL

Applies to

Joint witness list

Three copies of the Joint Witness List are due the day trial begins.

In addition, the following are due the day trial commences: 2. Three copies of the Joint Witness List.

CRITICAL

Applies to

Stipulated protective order

A proposed stipulated protective order for confidential information will be approved only if its language is consistent with California Rules of Court, rules 2.550 and 2.551.

Proposed stipulated protective orders for protection of confidential information will only be approved if the language in the proposed order is consistent with California Rules of Court, rules 2.550 and 2.551.

CRITICAL

Applies to

Continuance stipulation

Must include

proposed order

A proposed order must accompany any stipulation requesting a continuance.

Please provide a proposed order with any stipulation.

CRITICAL

Applies to

Petition for compromise of claim

Petition-for-compromise moving papers must be submitted for court review; the Court may set a hearing during ex parte hours if it deems one necessary.

The moving papers must be submitted for review by the Court, and the Court may set a hearing during ex parte hours if such hearing is deemed necessary.

CRITICAL

Applies to

Guardian ad litem or publication of summons application

Moving papers for guardian ad litem and publication-of-summons applications must be submitted for court review.

The moving papers must be submitted for review by the Court,

CRITICAL

Applies to

Guardian ad litem application

Guardian ad litem applications must use forms CIV-010, ADM-430, and CIV-011; obsolete forms will not be accepted.

Please note that the Guardian Ad Litem forms were updated as of January 1, 2024. The required forms as of January 2024 are CIV-010 (Application), ADM-430 (Attachment to Application), and CIV-011 (Order). See the court’s website to download the most current forms. Obsolete forms will not be accepted.

CRITICAL

Applies to

Joint trial notebook

Counsel must bring a Joint Trial Notebook to Friday Trial Call containing the listed trial materials and sections.

The Court requires counsel to bring to the Friday Trial Call a Joint Trial Notebook comprised of the following: 1. Table of contents. 2. Copy of Joint Trial Readiness Report, and operative pleadings. 3. Copies of In Limine motions and oppositions, in order (motion followed by opposition). 4. Copy of Joint Witness List with a short sentence describing the witness (i.e., Dr. Steven Smith, an orthopedic surgeon from County Hospital). 5. Copy of Joint Exhibit List. The list must be carefully reviewed to ensure the description of the Exhibit matches the Exhibit. 6. Copies of Trial Briefs. 7. Joint Statement of the Case, in neutral form suitable to be read to prospective jurors. (Competing version not acceptable.) 8. Voir Dire questions counsel requests Court to ask (if any). 9. Jury Instructions - packet of agreed-upon instructions and packet of not agreed-upon instructions with post-it notes indicating who opposes the instruction.

CRITICAL

Applies to

Pro hac vice application

Must include

proposed order, certificate of service

A pro hac vice application 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.

CRITICAL

Applies to

Guardian ad litem application

A guardian ad litem application will not be granted ex parte unless the moving party complies with Local Rule 2.4.6.

Guardian Ad Litem applications will not be granted ex parte unless the moving party complies with Local Rule 2.4.6.

CRITICALCivil cases

Applies to

Default judgment

Default judgment papers must comply with CRC rule 3.1800; noncomplying papers will be returned with defects noted.

Papers must comply with California Rules of Court, rule 3.1800. Noncomplying papers will be returned with a notation of defects.

CRITICALCivil cases

Applies to

Joint trial notebook

Virtual appearance at Trial Call requires prior submission of a Joint Trial Notebook containing ten specified items.

The Court allows virtual appearances at Trial Call only if parties previously submitted a Joint Trial Notebook, containing: 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 (with objections noted) 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.

CRITICALCivil cases

Applies to

Exhibit binder

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

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

CRITICAL

Applies to

Joint trial notebook

For virtual trial call appearance, the Court must have the joint trial notebook containing agreed statement, witness list, exhibit list, jury instructions, and proposed verdict forms.

for parties to appear virtually at Trial Call, the Court must have in hand the joint trial notebook containing the following: 1. Agreed upon statement of the case; or a request for mini-opening per CCP§ 222.5(d) 2. 3 copies of the Joint Witness List (all witnesses in alphabetical order on one list.) 3. 3 copies of the Joint Exhibit List with objections, numbered sequentially. (Absent good cause, a party who has offered no objection(s) to an exhibit is forestalled from objecting to the exhibit at trial.) 4. Joint set of jury instructions, together with index, in the order in which they are requested to be given, with objections noted 5. Proposed verdict form(s)

CRITICAL

Applies to

Guardian ad litem application

Guardian ad litem applications must include attachment form CIV-383, except for adult dependents.

Guardian ad litem applications shall include attachment form CIV-383, except if adult dependent.

CRITICAL

Applies to

Joint trial notebook

Unless virtual permission is granted, parties must appear in person at trial call and bring the Joint Trial Notebook.

Unless permission to appear virtually is granted (usually at the trial readiness conference), the parties are to appear in person at the trial call and bring with them the Joint Trial Notebook as ordered in the Trial Requirements section of the Advance Trial Review Order.

CRITICAL

Applies to

Advance trial review order

Parties announcing ready must review and sign the Court's Advance Trial Review Order.

Parties announcing ready will be required to review and sign the Court's Advance Trial Review Order, a copy of which is included on the court website.

CRITICALCivil cases

Applies to

Brief

The joint IDC brief must identify the specific matters in dispute.

The parties must submit a joint brief, no longer than 5 pages, by the Friday before the IDC, listing the specific matters in dispute.

CRITICALCivil cases

Applies to

Joint trial notebook

Counsel must provide a Joint Trial Notebook at Trial Call containing the ten listed items and following the stated requirements for witness descriptions, exhibits, jury instructions, and verdict forms.

Counsel are required to provide a Joint Trial Notebook at Trial Call 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.

CRITICALCivil cases

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).

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Motion cutoff date request

Must include

proposed order

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.

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.

CRITICALCivil cases

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.

CRITICALCivil cases

Applies to

Increased bid open court

An overbidding party must present proof of an appropriate deposit when submitting the SDSC PR-65 form at the hearing.

Any overbidding party must present proof of an appropriate deposit when submitting the SDSC PR-65 form at the hearing.

CRITICALCivil cases

Applies to

Ex parte application

A request to waive notice will not be considered when the recipient or address is unknown unless the CRC 7.52 declaration is submitted.

The Court will not consider a request to waive notice when the recipient or the recipient's address is unknown unless the declaration required by California Rule of Court 7.52 is submitted.

CRITICALCivil cases

Applies to

Ex parte application

Must include

proposed order

Ex parte applicants must comply with SDSC Rules 4.7.5 and 4.7.6, including submitting a separately prepared proposed order.

In addition to compliance with California Rules of Court 3.1200 et seq., all applicants for ex parte relief must comply with San Diego Superior Court Rules 4.7.5 and 4.7.6, including submission of a separately prepared proposed order.

CRITICALCivil cases

Applies to

Ex parte application

An Ex Parte Application requires an affirmative factual showing, by declaration of competent, personal-knowledge testimony, of irreparable harm, immediate danger, or another statutory basis for relief.

Counsel are reminded that, per California Rule of Court 3.1202(c), an Ex Parte Application requires an affirmative factual showing by declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger or some other statutory basis for ex parte relief.

CRITICALCivil cases

Applies to

Ex parte application

Every request for an Ex Parte order must include a Declaration of Notice complying with CRC 3.1204.

A separate Declaration of Notice that complies with California Rule of Court 3.1204 must accompany every request for an Ex Parte order.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.