San Diego Superior Court Document Filing Requirements
286 rules from official source documents
Rules 151 to 200, page 4 of 6
Required elements, certificates, and structural requirements for court documents.
CRITICAL
- 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 requi red and must be delivered directly to this Department no later than seven court days (not calendar days) in advance of the trial/evidentiary hearing.
CRITICAL
- 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.
CRITICAL
- 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.
CRITICALCivil cases
- 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.
CRITICALCivil cases
- 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.
CRITICALCivil cases
- Applies to
- Trial brief
Trial briefs must be filed per CRC 5.393/5.394 and Local Rule 5.8.2, using Form D-241 or an equivalent brief, at least five court days before the hearing.
Trial briefs are required be filed in accordance with 5.394 California Rules of Court 5.393 and 5.394 and San Diego Superior Court Local Rule 5.8.2. The parties are to file and serve San Diego Superior Court Form D-241 (or a separate brief containing the same information in substantially the same format) at least five (5) court days prior to the hearing.
CRITICALCivil cases
- Applies to
- Exhibit list
An exhibit list in grid format with the required heading must be included.
EXHIBIT LIST - Grid format (see below for example) containing the required heading.
CRITICAL
- 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.
CRITICAL
- 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.
CRITICALCivil cases
- Applies to
- Exhibits
Witness exhibit copies must be marked like clerk exhibits and pre-filled with exhibit #, case #, and department #; no additional judge copy is needed.
Parties shall provide a copy of the exhibits for the witnesses to refer to during testimony that shall be marked in the same manner as the exhibits provided to the clerk, and must be pre-filled with exhibit #, case # and department #. An additional copy for the judge is not necessary.
CRITICALCivil cases
- Applies to
- Guardian ad litem application
Guardian Ad Litem applications are not granted ex parte unless the moving party submits a declaration with specified showings.
Guardian Ad Litem applications will not be granted ex parte unless the moving party submits a declaration showing: a) the minor is not the subject of a juvenile dependency proceeding; b) the minor is not the subject of a probate guardianship; c) if the parents are not living together, attaching a copy of the current child custody order.
CRITICALCivil cases
- Applies to
- Jury trial materials
For jury trials, parties must also provide a Joint Statement of the Case, Voir Dire questions, Jury Instructions packets, and a Special Verdict Form.
For Jury Trials, the parties are also expected to provide the following: 8. Joint Statement of the Case 9. Voir Dire questions counsel requests Court to ask 10. Jury Instructions – packet of agreed upon instructions and packet of not agreed upon instructions with a post-it note indicating who opposes the instruction 11. Special Verdict Form – either an agreed upon form or each side's proposed Special Verdict Form
CRITICAL
- Applies to
- Joint trial notebook
The Joint Trial Notebook presented at Trial Call must contain a Table of Contents.
At Trial Call, trial counsel and self-represented litigants are required to present their Joint Trial Notebook, which must contain the following: 1. Table of Contents;
CRITICAL
- Applies to
- Trial readiness conference report
The Joint Trial Readiness Conference Report must include a statement of the case, witness list, exhibit list, jury instructions, and proposed verdict form.
The Joint Trial Readiness Conference Report must 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. 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).
CRITICALCivil cases
- 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.
CRITICALCivil cases
- 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.
CRITICALCivil cases
- 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.
CRITICALCivil cases
- 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.
CRITICALCivil cases
- Applies to
- Joint trc report
Parties must submit the Joint TRC Report five court days before the scheduled TRC.
Parties must submit their Joint TRC Report five court days before the scheduled TRC.
CRITICALCivil cases
- Applies to
- Joint trial notebook
Virtual appearances at Trial Call are allowed only if the parties previously submit a joint trial notebook containing the listed materials.
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).
CRITICALCivil cases
- Applies to
- Guardian ad litem application
A guardian ad litem application will not be granted unless the moving party submits the documents required by San Diego Superior Court Local 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 Rule 2.4.6.
CRITICALCivil cases
- Applies to
- Moving papers
Moving papers must be submitted for review; the court may set a hearing if it deems one necessary.
Submit moving papers for review; the court may set a hearing if such hearing is deemed necessary.
WARNING
- Applies to
- Exhibits
Parties in the covered remote-trial context must comply with San Diego Local Rule 2.5.6 on permissible exhibits.
The parties must comply with San Diego Local Rule 2.5.6 regarding permissible exhibits.
WARNING
- Applies to
- Money judgment or dismissal
After restitution of possession, a plaintiff who does not seek a money judgment or file a dismissal may be required to show cause why the case should not be dismissed.
After restitution of possession of the premises to plaintiff, plaintiff’s failure to seek a money judgment or to file a dismissal may result in the court calendaring a hearing for the plaintiff to show cause why the case should not be dismissed.
WARNING
- Applies to
- Conformed copy request
Include a stamped, self-addressed envelope or messenger slip when requesting return of conformed copies by mail or messenger.
If conformed copies are to be returned by mail or messenger, a stamped, self-addressed envelope or messenger slip must be included.
WARNING
- Applies to
- Opposition to remote proceedings
In small claims and civil restraining order cases, a party may oppose remote technology orally at the start of the hearing or trial or in writing using Form RA-015; failure to oppose waives the objection.
A party who wishes to oppose the use of remote technology at an evidentiary hearing or trial may oppose either: (i) orally in open court at the commencement of the evidentiary hearing or trial; or (ii) in writing by filing an “Opposition to Remote Proceedings at Evidentiary Hearing or Trial” (JC Form #RA-015). Failure to do so shall be deemed to be a waiver of any objection to the remote appearance.
WARNING
- Applies to
- Voluntary settlement conference request
Parties may request a voluntary settlement conference if they represent that negotiations have failed, a judicially supervised conference offers a substantial settlement opportunity, and the case is ready for settlement consideration without further discovery for that purpose.
Parties may request a voluntary settlement conference if the parties represent that: A. Settlement negotiations between the parties have been pursued, demands and offers have been exchanged, and resolution has failed; B. A judicially supervised settlement conference presents a substantial opportunity for settlement; and C. The case has developed to a point where all parties are legally and factually prepared to present the issues for settlement consideration and further discovery for settlement purposes is not required.
WARNING
- Applies to
- Expert designation
The court’s policy limits each side to one expert per field of expertise unless the court orders otherwise.
It is the policy of the courts that parties are limited to one expert per side per field of expertise, pursuant to Evidence Code section 723 and Local Rule 2.1.11, absent a court order to the contrary.
WARNING
- Applies to
- Proposed pleading
Proposed pleadings submitted for court permission should be lodged with a notice of lodgment or attached as an exhibit to an ex parte motion, motion, stipulation, or similar filing.
Proposed pleadings for which permission is requested from the court should be lodged with a notice of lodgment or submitted as an exhibit to an ex parte motion, motion, stipulation, etc.
WARNING
- Applies to
- Order after hearing
If the court directs that its minute order is the order, no order after hearing should be submitted.
If the Court directs that the minute order is the order of the court, no order after hearing should be submitted.
WARNING
- Applies to
- Request to proceed by pseudonym
The request to proceed by pseudonym/initials should be submitted to the supervising civil department, must comply with rules 2.550–2.585 of the California Rules of Court and should include an appropriate proposed order.
The request to proceed by pseudonym/initials should be submitted to the supervising civil department, must comply with rules 2.550–2.585 of the California Rules of Court and should include an appropriate proposed order.
WARNING
- Applies to
- Ex parte gvro petition
An ex parte GVRO may be requested by filing a written petition in the department handling civil harassment restraining orders.
An ex parte Gun Violence Restraining Order (“GVRO”) may be requested by filing a written petition in the department handling civil harassment restraining orders.
WARNING
- Applies to
- Expert designation
Parties may designate only experts they actually intend to call at trial.
Parties will be permitted to designate only those experts they in fact intend to call at trial.
WARNING
- Applies to
- Petition for instructions
If the receiver is in doubt about authority to take an action, the receiver should petition the court for instructions.
If there is any doubt as to the receiver's authority to take certain action, they should petition the court for instructions.
WARNING
- Applies to
- Default judgment application
Default judgment applications should be submitted on declarations under Code of Civil Procedure section 585(d) and include Judgment Checklist form SDSC #CIV-198 or #CIV-199.
Applications for default judgment should be submitted on declarations pursuant to Code of Civil Procedure section 585, subdivision (d) and include Judgment Checklist forms SDSC #CIV-198 or #CIV-199.
WARNING
- Applies to
- Request for court reporter
A request for a court reporter by a party with a fee waiver should use the designated form.
Such a request should be made using the Request for Court Reporter by a Party with a Fee Waiver form (SDSC Form #ADM-379), available on the court’s website, www.sdcourt.ca.gov, and must be filed with the clerk at least 10 days before the proceeding.
WARNING
- Applies to
- Special jury instruction
A special jury instruction should not be proposed if the matter is addressed by a Judicial Council CACI instruction(s).
A special jury instruction should not be proposed if the matter is addressed by a Judicial Council CACI instruction(s).
WARNING
- Applies to
- Joint trial readiness conference report
The report must disclose and identify intended trial exhibits, witnesses, and other required items; omission may result in exclusion or restricted use at trial.
Failure to disclose and identify all trial exhibits and witnesses intended to be called at trial and all other items required by the report may, in the court's discretion, result in exclusion or restriction of use at trial.
WARNING
- Applies to
- Mediation stipulation
Before the Case Management Conference, parties may stipulate to mediation; the stipulation must identify the mediator and an alternate with their contact information, or parties may use the specified ADR form.
At any time prior to the Case Management Conference, parties may stipulate to mediation. The stipulation must include the name, address and phone number of the mediator and one alternate mediator, or parties may utilize the Stipulation to Use ADR (SDSC Form #CIV-359).
WARNING
- Applies to
- Request to be excused
A party or participant may ask in writing to be excused from personal attendance, provided they remain available by telephone throughout the settlement conference.
A party or participant may submit to the court a written request to be excused from personal attendance at a settlement conference provided that the party or participant will be available by telephone for the duration of the settlement conference.
WARNING
- Applies to
- Exhibit handling record
The submitting party must keep a record of anyone other than counsel of record or counsel’s staff who views or handles the exhibit.
The submitting party shall maintain a record of anyone, other than the counsel of record or his or her staff, who views or handles the exhibit.
WARNINGCivil cases
- Applies to
- Case management order
The Case Management Order must designate dates for Trial and Trial Readiness Conference.
The CMO shall designate a date for both the Trial and Trial Readiness Conference.
WARNINGCivil cases
- Applies to
- Trial readiness conference report
Trial readiness conference report must include estimated trial length.
The report must include the estimated trial length.
WARNINGCivil cases
- Applies to
- Case management order
Counsel must prepare a Case Management Order using the standardized CMO unless the case is not complex.
Unless otherwise ordered, counsel are to prepare a Case Management Order using the standardized CMO available on the Court’s website. A CMO is not required if the case is not complex as defined in California Rules of Court, rule 3.400.
WARNINGCivil cases
- Applies to
- Case management order
The Case Management Order must designate a date for naming new parties.
The CMO shall designate a date by which all new parties are to be named.
WARNINGCivil cases
- Applies to
- In limine motion
Unopposed in limine motions shall not be filed.
If the motion will be unopposed, the motion shall not be filed.
WARNINGCivil cases
- Applies to
- Ex parte papers
Ex parte papers must include a declaration of the disputed issues with attached 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.
WARNINGCivil cases
- 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.
WARNINGCivil cases
- Applies to
- Application for order for publication of summons
Applications for orders for publication of summons may be submitted for review without an appearance. Please use the local forms CIV 48, CIV 49.
Applications for orders for publication of summons may be submitted for review without an appearance. Please use the local forms CIV 48, CIV 49.
WARNINGCivil cases
- 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:
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Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.