Court Rules

Court-wide rules

Applies court-wide

These 616 rules apply across San Mateo Superior Court. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

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  • Applies to
    Special needs trust

    A court-created special needs trust will ordinarily provide for appointment of a successor trustee subject to court approval.

  • Applies to
    Stipulation consenting to temporary judge

    When a case is assigned to a temporary judge, litigants are asked to sign a consent stipulation; without consent, the case must be reassigned that day or continued.

  • Applies to
    Short cause trial preparation

    Counsel must meet and confer in person or by telephone at least seven calendar days before trial, and noncompliance may result in monetary sanctions.

Service

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  • Fax service must comply with California Rules of Court rule 2.306.

  • Service
    Mail

    A proof of service for mail service must use the language prescribed by Code of Civil Procedure section 1013(a).

  • Service
    Personal service

    For personal service, the person who actually accomplished service must sign the declaration of service.

Filing Timing

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  • The parties must wait for transmission of the appellate record and the Appellate Division’s notice, then file briefs within the periods specified in CRC rule 8.882(a).

  • The oral-argument date is set after briefing is completed, with written notice generally due at least 20 days before the hearing unless the Presiding Judge shortens the period for good cause.

  • An application to extend time to prepare the appellate record must be made to the trial court.

E-Filing

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  • Applies to
    Clerks transcript

    The court electronically transmits the completed clerk’s transcript by PDF or document link and does not produce a paper copy.

  • The Court does not permit optional electronic filing in case types not covered by the mandatory rule.

  • Documents may not be transmitted directly to the Court and must be electronically filed through an authorized Electronic Filing Service Provider.

About Judge David A. Silberman

- Civil Judge, Superior Court of California, County of San Mateo. - Appointment date: March 27, 2026. - Current assignment: Civil Direct Calendar Judge.

- Department 11, Courtroom G. - Central Court, 800 North Humboldt St., San Mateo, CA 94401. - Phone: (650) 261-5111. - Email: Dept11@sanmateocourt.org - Complex law and motion is heard Mondays at 3:00 p.m. - Ex parte proceedings are heard Tuesdays and Wednesdays at 1:30 p.m. - Courtesy copies and all motions, pretrial and trial documents are delivered to Courtroom G. - Judge Silberman published dates on which he is unavailable for ex parte matters: September 29 and 30, 2026; November 10 and 11, 2026; March 16, 17, 23, 24 and 31, 2027; September 7, 8, 14 and 15, 2027.

Common questions about Judge David A. Silberman's rules

Are courtesy copies required for Judge David A. Silberman?

Courtesy-copy rule applies for all covered filings. The parties must provide courtesy copies of the listed pretrial submissions to the Court between 9:00 a.m. and 4:00 p.m. at the specified Central Courthouse location.

View ruleSource: page 9, section PRETRIAL CONFERENCE STATEMENT

Does Judge David A. Silberman require a pre-motion conference or letter before filing a motion?

Judge David A. Silberman's rules set a pre-motion procedure for covered motions. The parties must meet and confer at least 35 days before the Pretrial Conference to determine whether evidentiary issues can be resolved by stipulation.

View ruleSource: page 3, section MOTIONS IN LIMINE

What page or word limits apply to opposition before Judge David A. Silberman?

Judge David A. Silberman's rule states these limits: 5 pages. An opposition to a motion in limine may not exceed five pages unless the Court permits otherwise.

View ruleSource: page 3, section MOTIONS IN LIMINE

What page or word limits apply to motion in limine before Judge David A. Silberman?

Judge David A. Silberman's rule states these limits: 5 pages. A motion in limine may not exceed five pages unless the Court permits otherwise.

View ruleSource: page 3, section MOTIONS IN LIMINE

What formatting rules apply to filings before Judge David A. Silberman?

Judge David A. Silberman's formatting rule includes hard copy and word version. Each party must submit both a hard copy and a Word version of every proposed order.

View ruleSource: page 4, section MOTIONS IN LIMINE

What must be included with joint pretrial conference statement filings before Judge David A. Silberman?

The rule requires caption, judge name, case number, and exhibit list. The court binder must contain the proposed jury instructions, verdict forms, voir dire materials, statement of the case, witness and exhibit lists, motions in limine materials, and deposition designations and objections.

View ruleSource: page 2, section INTRODUCTION

What must be included with motion in limine filings before Judge David A. Silberman?

The rule identifies required filing content or certificates. Each motion in limine should address one separate topic and is limited to five pages unless the Court permits otherwise.

View ruleSource: page 3, section MOTIONS IN LIMINE

How may parties contact Judge David A. Silberman's chambers?

The rule addresses phone communications with Judge David A. Silberman's chambers. The rule lists phone (650) 261-5111. When a case settles before a hearing or trial date, the parties must notify Department 11 by telephone and email as soon as the disposition is agreed upon.

View ruleSource: page 2, section GENERAL MATTERS

How does Judge David A. Silberman handle sealed or redacted filings?

Judge David A. Silberman's rules set procedures for sealed or redacted filings. A sealing motion or application must be decided before any motion relying on the materials, and after denial the moving party must either identify the materials for unsealed filing or refrain from relying on them.

View ruleSource: page 9

How do I request an adjournment or extension before Judge David A. Silberman?

Advance notice is not fully stated in the structured details. Continuances of hearing and trial dates require prior Court approval, may not be stipulated without approval, and require any approved written stipulation before the hearing or trial date.

View ruleSource: page 2, section GENERAL MATTERS

Does Judge David A. Silberman require motion papers to be bundled?

Yes. Judge David A. Silberman requires bundling for covered papers. At least three sets of trial exhibits must be delivered to the court in binders no wider than 2½ inches and on a thumb drive at least 14 days before trial.

View ruleSource: page 2, section INTRODUCTION

Is electronic filing required before Judge David A. Silberman?

Yes. Electronic filing is required for the covered filings. Motions in limine and their oppositions must be electronically filed with the Clerk’s Office no later than 21 days before the Pretrial Conference.

View ruleSource: page 3, section MOTIONS IN LIMINE

Are filing fees or waivers addressed before Judge David A. Silberman?

A fee is required for covered filings. A party filing ex parte papers electronically must pay the ex parte application fee when filing.

View ruleSource: page 1, section Payment of Fees

When is a filing treated as filed before Judge David A. Silberman?

The rule addresses filing timing, filing status, or cure windows. The parties must meet and confer about the identified pretrial matters at least 35 days before the pretrial conference.

View ruleSource: page 2, section INTRODUCTION

What service or proof of service rules apply before Judge David A. Silberman?

The rule addresses service method, recipient, or timing requirements. The listed pretrial submissions must be served but not filed at least 42 days before the pretrial conference.

View ruleSource: page 2, section INTRODUCTION

Does Judge David A. Silberman encourage junior lawyer participation?

Yes. Judge David A. Silberman's rules include a junior lawyer participation incentive. The court encourages parties and senior attorneys to permit junior lawyers to participate in proceedings, especially oral argument when the junior lawyer substantially drafted or contributed to a motion or opposition.

View ruleSource: page 10
Complete rules summary for Judge David A. Silberman

The listed pretrial submissions must be served but not filed at least 42 days before the pretrial conference.

An opposition to a motion in limine may not exceed five pages unless the Court permits otherwise.

The parties must meet and confer about the identified pretrial matters at least 35 days before the pretrial conference.

Motions in limine and their oppositions must be filed and served at least 21 days before the pretrial conference.

The parties must file a joint pretrial conference statement and provide the court with one set of binders containing the listed pretrial materials, with each binder no wider than 2½ inches.

The court binder must contain the proposed jury instructions, verdict forms, voir dire materials, statement of the case, witness and exhibit lists, motions in limine materials, and deposition designations and objections.

At least three sets of trial exhibits must be delivered to the court in binders no wider than 2½ inches and on a thumb drive at least 14 days before trial.

The pretrial conference must be held at least 14 days before the trial date.

The parties are encouraged to resolve motions-in-limine issues with each other as soon as possible.

The parties must meet and confer at least 35 days before the Pretrial Conference to determine whether evidentiary issues can be resolved by stipulation.

A party must make a good-faith effort to resolve the evidentiary issue with the opposing party before filing a motion in limine.

Motions in limine and their oppositions must be electronically filed with the Clerk’s Office no later than 21 days before the Pretrial Conference.

The filing deadline for motions in limine and their oppositions is 21 days before the Pretrial Conference.

A reply to a motion in limine requires leave of the Court.

Each party must submit a tabbed binder containing its motions in limine in numerical order, with each opposition placed immediately behind its motion in the same tab.

Declarations, requests for judicial notice, and attached exhibits supporting or opposing motions in limine must be submitted in a separate tabbed binder.

The required motions-in-limine binders must accompany the Joint Pretrial Conference Statement.

Each motion in limine should address one separate topic and is limited to five pages unless the Court permits otherwise.

A motion in limine may not exceed five pages unless the Court permits otherwise.

Each motion in limine should be clearly labeled using the prescribed motion number and topic format.

Each party may file one declaration and/or one request for judicial notice in support of all motions in limine.

Each party must submit both a hard copy and a Word version of every proposed order.

Each proposed order must specify sufficiently what testimony is prohibited for a witness to understand.

Motions in limine will be heard at the Pretrial Conference or at another time directed by the Court.

The parties must file a joint set of proposed jury instructions with the Joint Pretrial Conference Statement, arranged in the order they propose the Court give them.

The joint jury-instruction submission must contain the actual proposed instructions, not merely instruction numbers.

Any modification to a form jury instruction must be clearly identified.

The first page of each jury instruction must omit party-request and disposition headings and should show only the CACI number and title at the top.

An agreed-upon jury instruction must be labeled using the prescribed stipulated-instruction format.

Each party must provide its version of a disputed jury instruction and label it using the prescribed disputed-instruction format.

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