Judge Michael L. Mau
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
All Motions
- 1 copy • Mail • Within Two Court Days
Courtesy copies
- Not required
Ex Parte Application
Exhibits
- 4 copies
- 4 copies • At Least 7 Days Before Trial
Adjournments
- Continuances are discouraged and require prior court approval; stipulations are not permitted without approval or use of a pre-approved date.
Request must include
Communication
Chambers, Clerk
Chambers, Clerk
Phone
Clerk
Phone
Chambers
Phone
Court-widePhone
Court-widePage & Word Limits8 rules
Informal conference briefs must be on court pleading paper, must not exceed five pages, must be served, and may be submitted by email to the Court.
For these informal conferences, briefs on court pleading paper not to exceed five (5) pages – which must be served – may be submitted by email to the Court at dept20@sanmateocourt.org and complexcivil@sanmateocourt.org.
Informal Conference Brief
5 pages
Each side must serve and email an IDC brief no longer than five pages to both listed court email addresses at least three court days before the conference.
23. For the IDC, each side must serve and email to the Court at both dept20@sanmateocourt.org and complexcivil@sanmateocourt.org a short brief limited to no more than five (5) pages, at least three (3) court days before the IDC.
Discovery Conference Brief
5 pages
The trial brief is limited to 10 pages.
Trial Brief (10-page limit)
Trial Brief
10 pages
Each motion in limine must address a single separate topic and may not exceed five pages unless the Court permits otherwise.
Each motion in limine should address a single, separate topic and shall be limited to five (5) pages in length unless otherwise permitted by the Court.
Motions In Limine
5 pages
Each opposition to a motion in limine may not exceed five pages unless the Court permits otherwise.
Each opposition is also limited to five (5) pages unless otherwise permitted by the Court.
Oppositions
5 pages
An explanation of why the Court should use a proposed overlapping exhibit may not exceed one double-spaced page.
If the parties are unable to informally resolve the dispute, then each party shall submit its disputed exhibit with the Joint Pretrial Conference Statement and explain, in no more than one double-spaced page, why the Court should use its proposed exhibit.
Disputed Exhibit Explanation
1 pages
Each party’s explanation following a disputed jury instruction may not exceed one page.
Following each disputed instruction, each party shall explain, in no more than one page, why the Court should give that party’s proposed instruction or why the instruction should or should not be given.
Jury Instructions
1 pages
Unless the case is complex, the proposed statement of the case should not exceed one page and should be double spaced.
Unless the case is complex, this statement should not exceed one-page double spaced.
Proposed Statement Of Case
1 pages
Document Format Requirements19 rules
Discovery requests and responses may not be attached to an IDC brief without leave of court.
Do not attach the discovery requests and responses unless leave of Court is obtained.
An editable Word-format proposed order, rather than a PDF, must also be emailed to both Department 20 addresses for possible modification before signing.
You must also email an editable version of the Proposed Order in Word format (not PDF) to dept20@sanmateocourt.org and complexcivil@sanmateocourt.org so that the judge can modify it prior to signing, if needed.
DOCX
The written order must also be emailed to Department 20 in Word format.
The party must also email the order in Word format to Department 20 at Dept20@sanmateocourt.org.
DOCX
Exhibits must be numbered, and alphabetic exhibit designations may not be used.
27. Exhibits shall be numbered. No letters may be used.
Exhibits must be marked and referred to as “Exhibit No. _____,” not as a party's exhibit.
To avoid any party claiming “ownership” of an exhibit, all exhibits shall be marked and referred to as “Exhibit No. _____” – and NOT as “Plaintiff’s Exhibit” or “Defendant’s Exhibit.”
The last page of each trial exhibit must include the completed Court exhibit tag.
last page of each trial exhibit must include the completed Court exhibit tag. (See Appendix A.)
The official exhibit tag must be placed on the back of the last page of each trial document.
Each party will be expected to place the official exhibit tag on the back of the last page of each document; the exhibit tags may be obtained from the courtroom clerk, or the parties may copy the template at Appendix A.
The parties must email the proposed orders to the Court in Word format.
The parties must also email the proposed orders in Word format to the Court at dept20@sanmateocourt.org.
DOCX
A tag identifying the exhibit, case number, and exhibit status must be attached to the back of the last page of each exhibit.
This tag must be attached to the back of the last page of each exhibit:
Exhibits to electronically filed briefs, declarations, and other documents must be electronically bookmarked.
Any exhibits to electronically filed briefs, declarations, or other documents must be electronically “bookmarked” as required by Cal. Rules of Court, rule 3.1110(f)(4).
Electronically served documents other than exhibits must be text searchable.
The documents (other than exhibits) must be text searchable.
A proposed ex parte order should be provided in Word format.
The proposed order should be provided in Word format.
DOCX
Trial exhibits must be delivered in binders no more than 2-3 inches wide and also on a thumb drive.
Deliver to the Court at least four (4) sets of trial exhibits in binders (no more than 2-3 inches wide) and on a thumb drive.
The single pretrial binder provided to the court must be no more than 2-3 inches wide.
provide one (1) binder (no more than 2-3 inches wide) to the Court
The tabbed binders must be submitted with the Joint Pretrial Conference Statement and should be no more than 2–3 inches wide.
The binders must be submitted to the Court with the Joint Pretrial Conference Statement. Binders should be no more than 2-3 inches wide.
Each party must submit both a hard copy and a Word version of all proposed orders.
Each party must also submit a hard copy and a Word version of all proposed orders.
DOCX
The first page of the final jury instructions should include only the CACI number and title; the footer may include the case name, case number, and page number.
Rather, the top of the first page should include only the CACI number and title. The footer may include the case name and number, and page number.
Court-ordered changes to proposed verdict forms must be made by the parties and submitted in Word format by the applicable court-set deadline.
Any changes to the proposed verdict form(s) ordered by the Court must be made by the parties and submitted to the Court in Word format by the deadline set at the Pretrial Conference or by any other deadline set by the Court.
DOCX
Each trial exhibit must be clearly pre-marked with its trial exhibit number.
Each trial exhibit must be clearly pre-marked with the trial exhibit number.
Document Filing Requirements32 rules
Discovery motions need no separate Rule 3.1345 statement, but the supporting declaration must include the discovery requests or deposition questions and any written responses, together with a concise outline of the request and disputed responses.
With respect to discovery motions, the parties are relieved of their obligation under rule 3.1345 of the California Rules of Court to file a separate statement. Instead, the parties must (1) attach the discovery request(s) or deposition question(s) at issue and the written response(s), if any, to the declaration submitted in support of the discovery motion; and (2) submit a concise outline of the discovery request and each response in dispute pursuant to Code of Civil Procedure section 2030.300, subdivision (b)(2).
Document Type
Discovery Motion
When an amended pleading is filed after leave to amend, the plaintiff or cross-complainant must include a redline comparison with its opposition to a successive demurrer or motion to strike unless the Court orders otherwise.
When the Court sustains a demurrer or grants a motion to strike with leave to amend and an amended pleading is filed, the plaintiff or cross-complainant must file with its opposition to any successive demurrer or motion to strike a redline comparing the amended pleadings to the previous version of the pleading unless otherwise ordered by the Court.
Document Type
Opposition
Cited non-California authorities not reported in an official reporter must either use a Westlaw-accessible citation or be emailed to Department 20.
Because the Court only has access to non-California authorities via WESTLAW – and NOT via LEXIS – any authorities that are not reported in an official reporter and that are cited must either be: (1) cited using the WESTLAW citation or a citation accessible through WESTLAW; or (2) provided to Department 20 by email at dept20@sanmateocourt.org and complexcivil@sanmatecourt.org.
Document Type
Brief
Noncompliance with Local Rule 3.500 results in denial of remote appearance.
Failure to follow the provisions of Local Rule 3.500 will result in denial of remote appearance.
Document Type
Ex Parte Application
A proposed order must disclose the opposing party's response to it.
Judge Mau will reject proposed orders that do not inform him of the opposing party's response, if any, to the proposed order.
Document Type
Proposed Order
An ex parte application must include a proposed order or it will be denied.
The applicant MUST provide a proposed order or the application will be denied.
Document Type
Ex Parte Application
The email transmitting the written order must include the other parties.
That email must include the other parties.
Document Type
Proposed Order
The parties must file a joint pretrial conference statement and provide the court with one binder.
Parties must also file a joint pretrial conference statement, and provide one (1) binder (no more than 2-3 inches wide) to the Court
Document Type
Joint Pretrial Conference Statement
The parties must file a tabular joint exhibit list with the Joint Pretrial Conference Statement identifying all trial exhibits and stating the exhibit number, description and bates numbers, sponsoring witness, and two blank dates.
The parties must file a joint exhibit list identifying all the exhibits that the party intends to introduce at trial with the Joint Pretrial Conference Statement. The joint exhibit list must be in tabular form and contain the following: a. Exhibit number; b. Brief description of the exhibit (with any bates numbers if they exist); c. Sponsoring witness; d. Date marked for identification (left blank); and e. Date admitted into evidence (left blank).
Document Type
Joint Pretrial Conference Statement
A party that cannot informally resolve an overlapping-exhibit dispute must submit the disputed exhibit with the Joint Pretrial Conference Statement and explain its position in no more than one double-spaced page.
If the parties are unable to informally resolve the dispute, then each party shall submit its disputed exhibit with the Joint Pretrial Conference Statement and explain, in no more than one double-spaced page, why the Court should use its proposed exhibit.
Document Type
Joint Pretrial Conference Statement
The Joint Pretrial Conference Statement must describe the parties, remaining claims and defenses, and the operative pleading and filing date.
Substance of the Action: A brief description of the parties, the claims and defenses that remain to be decided, and the operative pleading, including the date of filing, that raises these claims and defenses.
Document Type
Pretrial Conference Statement
The Joint Pretrial Conference Statement must identify relevant facts that are stipulated for the record without supporting testimony or exhibits, as well as other undisputed facts.
Undisputed Facts: A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the record without supporting testimony or exhibits or that are undisputed.
Document Type
Pretrial Conference Statement
The Joint Pretrial Conference Statement must estimate the number of hours needed to present each party's case.
Estimate of Trial Length: An estimate of the number hours needed for the presentation of each party’s case.
Document Type
Pretrial Conference Statement
The parties must submit specified pretrial documents with the statement and provide courtesy copies to Department 20 by messenger or overnight mail.
The parties shall include the following documents in accordance with this Order with their Joint Pretrial Conference Statement and provide courtesy copies to the Court delivered directly to Department 20 by messenger or overnight mail to the Northern Courthouse, Courtroom L, 1050 Mission Road, South San Francisco, CA 94080: a. Joint witness list; b. Joint deposition designation binders (see paragraph 12(e), above); c. Joint exhibit list, including any disputed exhibits; and d. Binders containing the party’s motions in limine, any opposition(s), and any supporting declarations or requests for judicial notice in support of or in opposition to the motions.
Document Type
Pretrial Conference Statement
The Joint Pretrial Conference Statement must describe settlement efforts, the prospects for further negotiations, and anything that would facilitate settlement.
Settlement Discussions: A brief description of the efforts the parties have made to settle the case and a brief statement about whether the parties believe that further negotiations are likely to be productive and what, if anything, would facilitate settlement.
Document Type
Pretrial Conference Statement
The Joint Pretrial Conference Statement must itemize all requested relief and all elements of claimed damages.
Relief Requested: A detailed statement of all requested relief that itemizes all elements of damages that are claimed.
Document Type
Pretrial Conference Statement
An uncontested or stipulated motion in limine should be identified as such in the caption and include a proposed order.
Uncontested or Stipulated MIL's should be noted as "Uncontested" or "Stipulated" in the caption and should attach a proposed Order.
Document Type
Motion In Limine
The parties must file one joint set of jury instructions in proposed order with the Joint Pretrial Conference Statement and include the actual instructions rather than only a list of instruction numbers.
The parties shall file a JOINT set of jury instructions, arraigned in the order the parties propose the Court give the instructions, with the Joint Pretrial Conference Statement. The parties must include copies of the actual instructions and NOT merely a list of instruction numbers.
Document Type
Jury Instructions
Modifications to a form jury instruction must be plainly identified.
Any modifications made to a form instruction must be plainly identified.
Document Type
Jury Instructions
The parties must file a joint proposed statement of the case for the jury with the Joint Pretrial Conference Statement.
The parties must file a joint proposed statement of the case to be read to the jury during voir dire with the Joint Pretrial Conference Statement.
Document Type
Proposed Statement Of Case
Questions for the Court’s initial voir dire, together with objections, must be jointly submitted with the Joint Pretrial Conference Statement.
If the parties want the Court to ask any particular questions from those Standards or any additional questions, they should jointly submit those questions (and any objections) with the Joint Pretrial Conference Statement.
Document Type
Jury Questions
Stipulated jury instructions must use the specified title and have the blanks completed appropriately.
14. Instructions upon which the parties agree shall be identified as “Stipulated Instruction No. ___ Re: __________” with the blanks filled in as appropriate.
Document Type
Jury Instructions
The parties must file joint proposed verdict forms, or separate forms if they disagree, with the Joint Pretrial Conference Statement.
The parties shall file either joint proposed verdict form(s) or, if they disagree, separate proposed verdict forms with the Joint Pretrial Conference Statement.
Document Type
Verdict Form
If the parties wish to use a jury questionnaire, they must file a joint proposed questionnaire, or separate proposed questionnaires if they disagree, with the Joint Pretrial Conference Statement.
If the parties wish to use a jury questionnaire, the parties must file a joint proposed jury questionnaire, or if they disagree, separate proposed jury questionnaires with the Joint Pretrial Conference Statement.
Document Type
Jury Questionnaire
Each party must provide and identify its proposed version of a disputed instruction, and all versions of the same instruction must use the same number.
If the parties disagree on an instruction, each party’s proposed version of the disputed instruction shall be provided and identified as “Disputed Instruction No. ___ Re: __________ Offered by __________.” All proposed versions of the same instruction shall bear the same number.
Document Type
Jury Instructions
Each party must file a joint witness list with the specified witness information, examination estimates, and total estimated trial time.
Each party must file a joint list of all the witnesses that the party intends to call at trial with the Joint Pretrial Conference Statement. The joint witness list must be in tabular form and contain the following: a. Name of the witness; b. Title of the witness, if any; c. Brief description of the subject matter of the witness’ anticipated testimony; and d. Estimated length of the direct examination, cross-examination, and any redirect, and cross-redirect. The total estimated time for all witnesses should be shown.
Document Type
Witness List
The proposed statement of the case must be neutral and include the names of the attorneys and witnesses who will be read to the jury.
The statement should be neutral rather than argumentative. The parties shall include the names of attorneys and witnesses to be read to the jury.
Document Type
Proposed Statement Of Case
Submitted exhibit binders must not be identified as belonging exclusively to the plaintiffs or defendants.
NOT be identified as “plaintiff’s exhibits” or “defendant’s exhibits.”
Document Type
Exhibit Binders
The Joint Pretrial Conference Statement must include any other matters that would facilitate a just, speedy, and efficient resolution of the case.
Miscellaneous: Any other matters that will facilitate the just, speedy, and efficient resolution of the case.
Document Type
Pretrial Conference Statement
A request to change a filing deadline should include a stipulation and proposed order explaining the reasons for the change.
If they wish to change any of the dates that documents are due to the Court, they should submit a stipulation and proposed order specifying the reasons why they want to change the deadlines.
Document Type
Stipulation
Department 20 ordinarily does not require an appendix of non-California authorities with motion memoranda unless the Court orders otherwise.
Pursuant to Cal. Rule of Court, rule 3.113(i), Department 20 does not require an appendix of non-California authorities in connection with any memoranda submitted in connection with any motion unless otherwise ordered by the Court
Document Type
Brief
The Court prefers that the parties not use a jury questionnaire.
The Court’s preference is not to have a questionnaire.
Document Type
Jury Questionnaire
Filing & Service rules
Electronic Filing Rules
After preliminary approval, the written stipulation must be e-filed before the hearing or trial date, and electronic signatures are permitted.
If preliminary approval is given, a written stipulation must be e-filed before the hearing or trial date. Electronic signatures on stipulations are permitted.
Page 2 | GENERAL MATTERS
All papers, including pleadings, motions, applications, and briefs, must be filed in compliance with the cited local rules unless exempted by statute or rule.
All papers including pleadings, motions, applications, and briefs, except those exempted by statute or rule, shall be filed in compliance with San Mateo County Superior Court Local Rules 2.1.7 and 2.1.8.
Page 3 | FILINGS AND CORRESPONDENCE
The parties must electronically file a joint case management conference statement for each conference.
Accordingly, the 10 parties shall e-file a joint case management conference statement no later than ten (10) calendar days before the hearing for each conference
Page 5 | CASE MANAGEMENT CONFERENCES
Proposed orders must be submitted electronically through the Clerk’s Office with the information required by California Rule of Court 3.1312.
Proposed Orders must be submitted electronically through the Clerk’s office with the information required by California Rule of Court, rule 3.1312.
Page 9 | Complex Case Management Order No. 1
Documents may not be submitted to the Court through file-sharing services.
The Court cannot receive documents through any type of file sharing.
Page 9 | Complex Case Management Order No. 1
All pleadings must be emailed to Department 20 on their filing date, independently of any courtesy-copy requirement.
The requirement to submit courtesy copies is separate from the requirement to email all pleadings to Department 20 at complexcivil@sanmateocourt.org on the date of filing.
Page 9 | Complex Case Management Order No. 1
A party ordered to prepare a written order should electronically file the order.
When Judge Mau orders a party to prepare a written order, that party should e-file the order.
Page 1 | PRETRIAL ORDERS
All ex parte filings must be electronically filed except filings by parties not represented by counsel.
Local Rule 3.500 has been revised mandating that all ex parte filings be e-filed unless a party is not represented by counsel.
Page 1 | Department Info of Judge Michael L. Mau
Oppositions to motions in limine must be electronically filed with the Clerk’s Office no later than 14 days before the pretrial conference.
Oppositions, if any, must be e-filed with the Clerk’s Office no later than fourteen (14) days before the Pretrial Conference.
Page 3 | MOTIONS IN LIMINE
Motions in limine must be electronically filed with the Clerk’s Office no later than 21 days before the pretrial conference.
Motions in limine must be e-filed with the Clerk’ Office no later than twenty-one (21) days before the Pretrial Conference.
Page 3 | MOTIONS IN LIMINE
The proposed motions in limine, witness list, and exhibit list served 42 days before the Pretrial Conference must not be filed at that time.
At least forty-two (42) days before the Pretrial Conference each party must serve on all other parties (but NOT file) its proposed motions in limine, proposed witness list, and proposed exhibit list.
Page 8 | Pretrial Order – Dept. 20
Filing Timing and Cure Windows
The joint case management conference statement must be filed no later than ten calendar days before the applicable hearing.
Accordingly, the 10 parties shall e-file a joint case management conference statement no later than ten (10) calendar days before the hearing for each conference
Page 5 | CASE MANAGEMENT CONFERENCES
Mandatory Settlement Conference statements must be received two court days before the conference.
Mandatory Settlement Conference statements are due in accordance with CRC Rule 3.1380, with the deadline extended for statements to be received two court days before the conference.
Page 1 | Department Info of Judge Michael L. Mau
Remote appearance on an ex parte application requires service of the moving papers and proposed order, paper submission to the assigned judge, and payment of the clerk's fee by 10:00 a.m. at least two court days before the appearance.
LR 3.500(e): Except as ordered by the court under subdivision (d), applicants seeking an ex parte order may appear remotely provided that the moving papers, including a proposed order, have been served on all parties, and submitted in paper form to the assigned judge, and the fee paid to the clerk’s office, by at least 10:00 a.m. two court days before the ex parte appearance.
Page 1 | Department Info of Judge Michael L. Mau
Motions in limine must be filed and served at least 21 days before the pretrial conference.
File and serve motions in limine At least 21 days before the Pretrial (oppositions due 7 days later, see below). Conference
Page 2 | INTRODUCTION — SUMMARY TABLE OF DEADLINES
The trial brief must be filed at least 14 days before the pretrial conference.
Trial Brief (10-page limit) At least 14 days before the Pretrial Conference
Page 2 | INTRODUCTION — SUMMARY TABLE OF DEADLINES
Oppositions to motions in limine are due seven days after the motions are filed.
File and serve motions in limine (oppositions due 7 days later, see below).
Page 2 | INTRODUCTION — SUMMARY TABLE OF DEADLINES
The pretrial conference must occur at least 14 days before the trial date.
Pretrial Conference will be held At least 14 days before the Trial Date
Page 2 | INTRODUCTION — SUMMARY TABLE OF DEADLINES
Oppositions must be filed no later than 14 days before the pretrial conference.
Oppositions, if any, must be e-filed with the Clerk’s Office no later than fourteen (14) days before the Pretrial Conference.
Page 3 | MOTIONS IN LIMINE
Motions in limine must be submitted no later than 21 days before the pretrial conference.
Motions in limine must be e-filed with the Clerk’ Office no later than twenty-one (21) days before the Pretrial Conference.
Page 3 | MOTIONS IN LIMINE
In unlawful detainer cases, all pretrial requirements are due at the joint pretrial conference and trial date.
In all Unlawful Detainer cases, all the above Pre-Trial requirements are DUE AT THE DAY AND TIME OF YOUR JOINT PRE-TRIAL CONFERENCE & TRIAL DATE.
Page 3 | UNLAWFUL DETAINERS
Changes to court-ordered proposed verdict forms must be submitted by the applicable deadline set by the court.
Any changes to the proposed verdict form(s) ordered by the Court must be made by the parties and submitted to the Court in Word format by the deadline set at the Pretrial Conference or by any other deadline set by the Court.
Page 5 | VERFICT FORM (if applicable)
One complete set of trial exhibits must be provided on a thumb drive at least seven days before the trial date.
one (1) complete set of exhibits on a thumb drive at least seven (7) days before the Trial Date.
Page 7 | Pretrial Order – Dept. 20
The parties must electronically file a Joint Pretrial Conference Statement at least 14 days before the Pretrial Conference.
The parties shall e-file with the Court a Joint Pretrial Conference Statement at least fourteen (14) days before the Pretrial Conference that contains the following:
Page 9 | PRETRIAL CONFERENCE STATEMENT
IDC requests must be made well before the statutory deadline for a discovery motion, and the parties are strongly encouraged to stipulate to extend that deadline.
24. All requests for an IDC must be made well before the expiration of the statutory time to bring a motion to compel or other discovery motion. The parties are strongly encouraged to stipulate to extend the time to file motions to compel or other discovery motions.
Page 8
If no timely contest notice is given, the tentative ruling becomes the Court's order.
Otherwise, the tentative ruling will become the order of the Court.
Page 10 | Complex Case Management Order No. 1
The Court will post its tentative ruling or issue list by 3:00 p.m. at least one court day before the hearing.
The Court will post its tentative ruling or list of issues by 3:00 p.m. at least one court day before the scheduled hearing.
Page 10 | Complex Case Management Order No. 1
The parties must meet and confer on the listed pretrial matters at least 35 days before the pretrial conference.
Meet and confer regarding pretrial conference – including motions in limine, proposed jury instructions, proposed jury questionnaire (if any), proposed verdict form(s), and witness and exhibit lists — At least 35 days before the Pretrial conference
Page 2 | INTRODUCTION — SUMMARY TABLE OF DEADLINES
Service and Proof of Service Rules
Unless another method is required by statute or rule, all parties and counsel must serve and accept service of all documents electronically.
Except where another method of service is required by statute or rule, all parties and counsel shall serve and shall accept service of all documents electronically, in conformity with Code of Civil Procedure, section 1010.6 and the California Rules of Court.
Page 3 | FILINGS AND CORRESPONDENCE
Copies of all pleadings, motions, and briefs must be emailed to the complex civil email address, which must also be included on the proof of service.
The parties must also email copies of all pleadings, motions, and briefs to complexcivil@sanmateocourt.org and include this email address on their proof of service.
Page 3 | FILINGS AND CORRESPONDENCE
All discovery requests covered by the Code of Civil Procedure must be served electronically on counsel for the parties.
All discovery sought pursuant to the Code of Civil Procedure, including but not limited to notices of deposition, special interrogatories, form interrogatories, requests for production of documents, and requests for admission, must be served electronically upon counsel for the parties.
Page 6 | DISCOVERY
Discovery responses must be provided electronically unless all parties agree in writing to another method.
All discovery responses by a party in response to discovery propounded by another party must be provided in electronic form, unless the parties agree otherwise in writing.
Page 6 | DISCOVERY
Each side's IDC brief must be served and emailed to the court at least three court days before the conference.
23. For the IDC, each side must serve and email to the Court at both dept20@sanmateocourt.org and complexcivil@sanmateocourt.org a short brief limited to no more than five (5) pages, at least three (3) court days before the IDC.
Page 7
The moving party must file and serve notices concerning withdrawal or continuance of any hearing.
Notices of withdrawal or continuance of any hearing must be filed and served by the moving party.
Page 10 | Complex Case Management Order No. 1
Plaintiffs must serve the order on every party or designated counsel who has not yet appeared, including parties later added to the action or any cross-action, and file proof of service.
Plaintiff(s) shall serve a copy of this order upon all parties or their designated counsel, who have not yet appeared in this case, including any and all parties added to this action and/or cross-action(s) after the issuance of this order, and shall file a proof of service.
For complex matters, all briefs, including reply briefs, must also be emailed to the complex civil department address in addition to any chambers courtesy-copy requirement.
Also, please note that this requirement is in addition to any separate requirement individual Judges have regarding the delivery of courtesy copies to their chambers, as well as the obligation to email all briefs, including reply briefs, to the complexcivil@sanmateocourt.org email address for complex matters.
Page 1 | Department Info of Judge Michael L. Mau
A copy of every reply brief, unlawful-detainer opposition, or summary-judgment motion must be emailed to the court because electronic filings may be delayed before becoming available to the court.
In order to ensure your reply brief is received by the Court in a timely manner, you must email a copy of any reply brief, or any Unlawful Detainer Opposition or Motion for Summary Judgment to lawandmotionreplybriefs@sanmateocourt.org.
Page 1 | Department Info of Judge Michael L. Mau
A party intending to appear remotely must give notice to the court and all persons entitled to notice of the ex parte proceeding.
Notice of intent to appear remotely must be given to the court and to all parties or persons entitled to receive notice of the proceedings.
Page 1 | Department Info of Judge Michael L. Mau
The listed pretrial submissions must be served but not filed at least 42 days before the pretrial conference.
Serve (but not file): 1. Proposed motions in limine; 2. Proposed jury instructions; 3. Proposed verdict form(s); 4. Proposed witness lists; and 5. Proposed exhibit lists — At least 42 days before the Pretrial Conference
Page 2 | INTRODUCTION — SUMMARY TABLE OF DEADLINES
At least 42 days before the Pretrial Conference, each party must serve its proposed motions in limine, witness list, and exhibit list on all other parties without filing them.
At least forty-two (42) days before the Pretrial Conference each party must serve on all other parties (but NOT file) its proposed motions in limine, proposed witness list, and proposed exhibit list.
Page 8 | Pretrial Order – Dept. 20
The proposed orders must be sent to the Court by email.
The parties must also email the proposed orders in Word format to the Court at dept20@sanmateocourt.org.
Page 10 | PRETRIAL CONFERENCE STATEMENT
At or before the initial case management conference, the parties must provide the clerk with an email service list and indicate whether they agree to court email service.
At or before the initial Case Management Conference, the parties shall provide the Clerk with an email service list as required by this Order and shall be prepared to indicate whether they agree to email service from the Court.
Page 4 | CASE MANAGEMENT CONFERENCES
Plaintiff’s counsel must maintain and update the email service list and proof of service and notify the Department 20 clerk of changes.
Plaintiff’s counsel is responsible for maintaining and updating the email service list and the Proof of Service and notifying the Clerk of Department 20 of any changes
Page 4 | CASE MANAGEMENT CONFERENCES
Filing Fees and Waivers
The ex parte application fee must be paid when the papers are electronically filed.
Parties who e-file their ex parte papers must pay their ex parte application fee at time of filing.
Page 1 | Payment of Fees
Self-represented parties not enrolled in e-filing who appear in person at the Northern Courthouse may pay ex-parte fees at the specified Clerk’s Office window or by phone before the hearing, and must submit their applications, supporting papers, and proof of payment to the assigned judge’s courtroom clerk no later than 15 minutes from the hearing time.
Self-represented parties who have not signed up for e-filing and who are appearing in person at the Northern Courthouse may pay their ex-parte fees at the Clerk's Office at the Northern Courthouse, Window 8, or by phone with a Credit or Debit card before the ex parte hearing, and must submit their ex parte applications, supporting papers, and proof of payment directly to the courtroom clerk for the Department of the assigned Civil Judge no later than 15 minutes from the time set for ex parte hearing.
Page 1 | Payment of Fees
Self-represented parties not enrolled in e-filing who appear in person at the Central Courthouse may pay ex-parte fees by credit or debit card before the hearing and must submit their application, supporting papers, and proof of payment to the assigned judge’s courtroom clerk no later than 15 minutes from the scheduled hearing time.
Self-represented parties who have not signed up for e-filing and who are appearing in person at the Central Courthouse may pay their ex-parte fees by phone with a Credit or Debit card before the ex parte hearing, and must submit their ex parte applications, supporting papers, and proof of payment directly to the courtroom clerk for the Department of the assigned Civil Judge no later than 15 minutes from the time set for ex parte hearing.
Page 1 | Payment of Fees
At the Central Courthouse, a check may be submitted directly to the courtroom clerk at the time of the hearing.
Payments in the form of a check can be submitted directly to the Courtroom Clerk, at the time of the hearing.
Page 1 | Payment of Fees
At the Northern Courthouse, a check may be submitted directly to the courtroom clerk at the time of the hearing.
Payments in the form of a check can be submitted directly to the Courtroom Clerk at the time of the hearing.
Page 1 | Payment of Fees
Courtesy Copy Requirements
Courtesy copies of papers necessary for an ex parte application must reach Department 20 by noon at least one court day before the hearing, preferably by the listed email addresses.
Courtesy copies of all papers necessary to the determination of the application, including any proposed pleading, motion, or order, must be submitted to Department 20, preferably by email (to dept20@sanmateocourt.org and complexcivil@sanmateocourt.org), by 20 noon at least one court day before the scheduled ex parte hearing date.
Page 6 | EX PARTE APPLICATIONS
Courtesy copies of electronic exhibits must be submitted on a flash drive in compliance with the cited California Rules of Court.
Courtesy copies of any electronic exhibits must be submitted on a flash drive in conformity with the requirements of the California Rules of Court, rules 2.256(b) and 3.1110(f)(4).
Page 9 | Complex Case Management Order No. 1
For every motion, the moving party must deliver to Department 20 within two court days one complete binder of courtesy copies of all parties' motions and related papers, marked “Judge’s Copy,” with exhibits separated by tabs.
28. For all motions – the moving party shall provide the Court with one complete set of courtesy copies of all motions and related papers filed by all parties in a binder stamped “Judge’s Copy.” All exhibits must be separated by exhibit tabs. (See, e.g., Cal. Rules of Court, rule 3.1110(f).) The binder must be delivered within two court days of filing directly to Department 20 by messenger or overnight mail to the Northern Courthouse, Courtroom L,
Courtesy-copy documents exceeding five pages must be delivered to the court in hardcopy.
Any courtesy copy document more than five (5) pages must be sent to the Court in hardcopy.
Page 1 | Department Info of Judge Michael L. Mau
Courtesy copies are required for all Law and Motion filings, CMC statements, and trial-related filings.
The Court requires courtesy copies of all Law & Motion filings, CMC Statements, and trial-related filings (e.g. Motions in Limine, witness lists, exhibit lists, etc.).
Page 1 | Department Info of Judge Michael L. Mau
At least four sets of trial exhibits must be delivered to the court at least seven days before trial.
Deliver to the Court at least four (4) sets of trial exhibits in binders (no more than 2-3 inches wide) and on a thumb drive. — At least 7 days before the Trial Date
Page 2 | INTRODUCTION — SUMMARY TABLE OF DEADLINES
At least four complete hard-copy sets of trial exhibits must be provided to the Court in tabbed binders.
Each party must provide the Court with at least four (4) complete sets of exhibits that the party intends to introduce at trial in hard copy in tabbed binders
Page 7 | Pretrial Order – Dept. 20
The four required exhibit-copy sets are allocated to the Court, the witness stand, and each side, with an additional copy for each additional party.
The four (4) copies needed are one for the Court, one for the witness stand, and one for each side (if there are multiple other parties, then add a copy per party).
Page 8 | Pretrial Order – Dept. 20
Courtesy copies of the required pretrial documents must be delivered directly to Department 20 by messenger or overnight mail with the Joint Pretrial Conference Statement.
The parties shall include the following documents in accordance with this Order with their Joint Pretrial Conference Statement and provide courtesy copies to the Court delivered directly to Department 20 by messenger or overnight mail to the Northern Courthouse, Courtroom L, 1050 Mission Road, South San Francisco, CA 94080:
Page 9 | PRETRIAL CONFERENCE STATEMENT
Parties are encouraged to email their ex parte documents, but paper copies remain required for remote appearance.
Parties are encouraged to ALSO email their ex parte documents to the department hearing the ex parte, but paper copies are required as stated above.
Page 1 | Department Info of Judge Michael L. Mau
Judge Mau does not require courtesy copies of case-management conference statements or nonmotion pleadings and papers.
Judge Mau does not need courtesy copies of Case Management Conference Statements or other pleadings or papers that do not relate to a motion.
Page 9 | Complex Case Management Order No. 1
Courtesy copies are not required for initial pleadings, including complaints and answers.
The Court does not require courtesy copies of initial pleadings such as Complaints and Answers.
Page 1 | Department Info of Judge Michael L. Mau
Courtesy copies are not required for stipulations, proposed orders, or proposed orders submitted after Law and Motion hearings because they must be electronically filed for signature.
Additionally, the Court does not require courtesy copies of Stipulations and Proposed Orders, or Proposed Orders after Law & Motion hearings, as those must be efiled and routed to the Court for electronic signature.
Page 1 | Department Info of Judge Michael L. Mau
Settlement conference statements may be emailed, hand-delivered, or filed or electronically filed with the clerk by the deadline.
Statements can be emailed directly to dept20@sanmateocourt.org, or messengered / delivered by that deadline directly to Courtroom L - Northern Branch or lodged with the Clerk of the Court by filing / e-filing.
Page 1 | Department Info of Judge Michael L. Mau
Courtesy-copy documents of five pages or fewer may be delivered in hardcopy.
Documents 5 pages or less may be submitted in hardcopy or via email to Dept20@sanmateocourt.org.
Page 1 | Department Info of Judge Michael L. Mau
Exhibit binders should ideally be no more than three inches wide.
Exhibit Binders should ideally be no more than 2-3 inches wide.
Page 8 | Pretrial Order – Dept. 20
Sealing & Redaction Procedures
After denial of sealing, the moving party must either notify the Court that the materials will be filed unsealed or refrain from relying on materials that will not become part of the record.
Upon denial of a motion or application to seal, the moving party must notify the Court that the materials are to be filed unsealed (Cal. Rules of Court, rule 2.551(b)) or refrain from relying on the materials, which will not be part of the record.
Page 9 | Complex Case Management Order No. 1
A motion or application to seal must be decided before any motion relying on the materials sought to be sealed.
Motions or applications to seal must be heard before any motion relying on the materials sought to be sealed.
Page 9 | Complex Case Management Order No. 1
Filing Bundling Requirements
The required pretrial binder must contain the listed proposed instructions, forms, statements, witness and exhibit lists, and deposition designations and objections.
Parties must also file a joint pretrial conference statement, and provide one (1) binder (no more than 2-3 inches wide) to the Court with the following: 1. Proposed jury instructions; 2. Proposed verdict form(s); 3. Proposed voir dire and jury questionnaire (if any); 4. Proposed statement of the case; 5. Witness lists; 6. Exhibit lists, including any disputed exhibits; 7. Deposition designations and objections 8. Motions in limine (in a separate binder), with oppositions (if any); see instructions below.
Page 2 | INTRODUCTION — SUMMARY TABLE OF DEADLINES
Each party must submit one tabbed binder containing its motions in limine in numerical order, with the opposition immediately behind each motion in the same tab.
Each party must submit one tabbed binder with its own motions in limine in numerical order with the opposition immediately behind the motion within the same tab, i.e. Plaintiff should submit one binder, and Defendant should submit one binder.
Page 3 | MOTIONS IN LIMINE
Motions in limine and any oppositions must be placed in a separate binder.
Motions in limine (in a separate binder), with oppositions (if any); see instructions below.
Page 2 | INTRODUCTION — SUMMARY TABLE OF DEADLINES
The parties must jointly submit one binder containing the joint pleading, designations, objections, responses, witness tabs, yellow-highlighted designations, and red-bracketed objections.
The parties must jointly submit one binder with a joint pleading that has the designations, objections and responses followed by tabs for each witness with the designation highlighted in yellow and any objections bracketed in red.
Page 6 | WITNESS LISTS
Pre-Motion Conference Requirements
Parties must conduct an in-person or video discovery meet and confer, and any unresolved discovery dispute must be addressed in an informal discovery conference before a discovery motion is filed or heard unless the Court orders otherwise or authorizes an exception.
21. Discovery meet and confer obligations require an in-person or video conference between counsel and, where a party is appearing in propria persona, the parties, unless otherwise ordered by the Court. If a resolution is not reached, the parties must meet with the Court for all discovery-related matters in an informal discovery conference (IDC) before filing any discovery motion unless otherwise authorized by the Court. No discovery motion will be heard without an IDC.
Page 7
Except for pro hac vice applications and motions to withdraw counsel, counsel must hold a good-faith conference at least three calendar days before the hearing and submit a declaration describing the conference and agreements at least one day before the hearing.
25. This Court believes that pre-filing conferences between counsel may be useful in avoiding unnecessary motions. Therefore, before the hearing of any motion, petition, or application, except applications to appear pro hac vice and motions to withdraw as counsel of record, all counsel and persons appearing in propria persona shall confer in a good faith attempt to eliminate the necessity of the hearing or to resolve as many disputes as possible. Counsel for the moving party shall arrange the conference to meet and confer at least three (3) calendar days before the hearing and shall submit to the Court at least one (1) day before the hearing a declaration establishing that the meet and confer conference occurred and describing any agreements that counsel have reached.
Page 8 | LAW AND MOTION
The party preparing a written order must make a good-faith effort to confer with the other parties before submitting it to the court.
The party preparing the written order must make a good faith effort to meet and confer with the other party(ies) about the order before submitting it to the Court.
Page 1 | PRETRIAL ORDERS
Before filing a motion in limine, parties or counsel must confer in good faith through an in-person meeting, telephone call, or video conference in an attempt to reach a stipulation.
Parties and/or counsel MUST meet and confer in good faith prior to filing Motions in Limine ("MIL") in an attempt to reach a stipulation, which should include an in-person meeting, or a telephone or video conference call. Merely exchanging letters, emails or voice-mail messages is insufficient.
Page 1 | Department Info of Judge Michael L. Mau
Parties are encouraged to hold an informal discovery conference before filing a motion to compel or another discovery motion.
all parties are encouraged to hold an Informal Discovery Conference (IDC) prior to filing a motion to compel or any other discovery motion.
Page 1 | PRETRIAL ORDERS
Failure to hold an informal discovery conference before a discovery motion may result in continuance of the motion and an order requiring an IDC.
If parties fail to hold an IDC prior to the filing of any discovery motion, the Court has the discretion to (and very likely will) continue your discovery motion and then Order the parties to an IDC.
Page 1 | PRETRIAL ORDERS
Before filing a motion in limine, the parties must meet and confer no later than 35 days before the pretrial conference and make a good-faith effort to resolve the evidentiary issue.
The parties shall meet and confer no later than thirty-five (35) days before the Pretrial Conference to determine whether any evidentiary issues may be resolved by stipulation. No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with the opposing party.
Page 3 | MOTIONS IN LIMINE
Replies to motions in limine are not permitted without the Court’s leave.
No replies will be permitted without leave of the Court.
Page 3 | MOTIONS IN LIMINE
If any reply is filed at least two weeks before the hearing, the parties may agree to a custom briefing schedule and submit a stipulation and proposed order for the Court's signature.
27. So long as any reply is filed at least two (2) weeks before the hearing date, the parties may agree on any briefing schedule and submit a stipulation and proposed order with the agreed-upon schedule for the Court’s signature.
Page 8 | LAW AND MOTION
Adjournment & Extension Requirements
Continuances are discouraged and require prior court approval; stipulations are not permitted without approval or use of a pre-approved date.
Continuances of hearing and trial dates are discouraged. If a continuance is necessary, it must be approved by this Court. Continuances by stipulation are not permitted without prior approval of the Court, and only to a date pre-approved by the Court. If submitted without prior approval, the Court will select a date based on its calendar needs.
Page 2 | GENERAL MATTERS
Chambers Communication Rules
Ex parte hearing dates must be coordinated by email with the Department 20 Clerk at either listed email address.
Hearing dates for ex parte applications must be coordinated by email with the Clerk for Department 20 at dept20@sanmateocourt.org and complexcivil@sanmateocourt.org.
Page 6 | EX PARTE APPLICATIONS
After clearing proposed hearing dates with the other parties, the moving party must email the Department 20 clerk at both listed addresses with specified case, hearing, date, and attorney information to obtain a hearing date.
26. With respect to motions or other matters requiring a hearing, after the moving party has cleared the proposed hearing date(s) with the other parties, the moving party must contact the Clerk of Department 20 by email at dept20@sanmateocourt.org and complexcivil@sanmateocourt.org to obtain the hearing date. Counsel for the moving party must provide the Court with the case name and number; the type of hearing; the hearing date(s) requested; and the name, telephone number, and email address of the filing attorney.
Page 8 | LAW AND MOTION
The editable proposed order must be emailed to both Department 20 email addresses.
You must also email an editable version of the Proposed Order in Word format (not PDF) to dept20@sanmateocourt.org and complexcivil@sanmateocourt.org so that the judge can modify it prior to signing, if needed.
Page 9 | Complex Case Management Order No. 1
A party intending to contest a tentative ruling must notify the other parties and Department 20 by email at both listed addresses by 4:00 p.m. at least one court day before the hearing; otherwise, the ruling becomes the Court's order.
If any party intends to contest the tentative ruling at the hearing, that party must notify the other parties and Department 20 by email at both dept20@sanmateocourt.org and complexcivil@sanmateocourt.org by 4:00 p.m. at least one court day before the scheduled hearing. Otherwise, the tentative ruling will become the order of the Court.
Page 10 | Complex Case Management Order No. 1
Moving-party counsel must notify Department 20 as soon as possible by both telephone and email about any matter removed from the calendar or continued.
Counsel for the moving parties must notify Department 20 by telephone and by email at dept20@sanmatecourt.org and complexcivil@sanmateocourt.org as soon as possible regarding any matter to be taken off calendar or continued.
Page 10 | Complex Case Management Order No. 1
Email Department 20 to obtain available dates before contacting opposing counsel.
Please email Department 20 at dept20@sanmateocourt.org and complexcivil@sanmateocourt.org for available dates before contacting opposing counsel.
Page 2 | GENERAL MATTERS
Department 20 emails must use at least 12-point type and be copied to all parties or their counsel of record.
All e- mails must be sent in at least 12-point type and copied to all parties or their counsel of record.
Page 4 | FILINGS AND CORRESPONDENCE
Department 20 communications must include the department number, case name, case number, and a brief email description in the subject line.
All communications to Department 20 shall include in the header “subject line” the Department Number, Case Name, Case Number, and a brief description of the email
Page 4 | FILINGS AND CORRESPONDENCE
After a meaningful discovery meet and confer, an IDC request must be emailed to both listed Department 20 addresses with all counsel copied, after which the parties must confer about the Court's proposed dates.
22. After the parties have conducted a meaningful meet and confer, requests for an IDC may be made by sending an email copied to all counsel to Department 20 at dept20@sanmateocourt.org and complexcivil@sanmateocourt.org. The Court will provide proposed dates. Parties are to meet and confer as to availability of the proposed dates. If one or more parties are not available on the proposed date(s), additional dates may be requested. The Court will inform the parties whether the IDC will be conducted by videoconference or in person. The Court may consider requests from depositions in progress. IDCs may not be recorded by any party and may not be reported by any court reporter.
Page 7
A hearing on a complex-case motion must be scheduled by emailing both Department 20 addresses, and the Civil Clerk's Office must not be contacted.
To schedule a hearing on a motion in a complex case, please contact Dept. 20 directly by email at both dept20@sanmateocourt.org complexcivil@sanmateocourt.org. Do NOT contact the Civil Clerk's Office.
Page 1 | Department Info of Judge Michael L. Mau
Hearings on motions in non-complex cases must be scheduled through the court's website, not directly through Department 20.
To schedule a hearing date for motions in non-complex cases, please check the Court's web site. Please do not contact Dept. 20 directly to schedule a hearing date.
Page 1 | Department Info of Judge Michael L. Mau
A complex-case case management conference must be scheduled by emailing both Department 20 addresses, and the Civil Clerk's Office must not be contacted.
To schedule a case management conference in a complex case, please contact Dept. 20 directly by email at both dept20@sanmateocourt.org and complexcivil@sanmateocourt.org. Do NOT contact the Civil Clerk's Office.
Page 1 | PRETRIAL ORDERS
An informal discovery conference in a complex case is conducted by Judge Mau and must be scheduled with Department 20 by phone or email.
IDCs for complex cases are conducted by Judge Mau. Contact Dept. 20 by phone or email to schedule an IDC in a complex case.
Page 1 | Department Info of Judge Michael L. Mau
Non-complex IDCs must be scheduled through the court's website by the Case Management Judicial Officer, not Department 20.
To schedule an IDC, please check the Court's web site. Please do not contact Department 20 to schedule an IDC. Only the Case Management Judicial Officer can schedule an IDC.
Page 1 | Department Info of Judge Michael L. Mau
Correspondence to Department 20 may be submitted by email to the listed Department 20 email addresses instead of by paper or telephone.
Correspondence to Department 20 may be submitted electronically, rather than by paper or telephone, by e-mail addressed to dept20@sanmateocourt.org and complexcivil@sanmateocourt.org.
Page 3 | FILINGS AND CORRESPONDENCE
Unless otherwise ordered, informal discovery conferences in non-complex Department 20 cases are conducted by the Case Management Judicial Officer.
Unless otherwise ordered, all IDCs for non-complex cases in Department 20, are conducted by the Case Management Judicial Officer.
Page 1 | Department Info of Judge Michael L. Mau
Central and Northern Courthouse ex parte fees may be paid by phone by calling 650-261-5100, selecting option 0, and entering extension 7243.
To pay by phone for appearances at the Central or Northern Courthouses please dial 650-261-5100, select Option “0” and enter extension 7243 to be connected to a clerk to process your payment.
Page 1 | Payment of Fees
Questions about courtroom procedures should be emailed to Department 20, copying counsel for all represented parties and self-represented parties.
If counsel or any staff members have questions about these procedures, please email Department 20 at dept20@sanmateocourt.org and include counsel for all represented parties and self-represented parties in the email.
Page 11 | INTRODUCTION
Junior Lawyer Participation Incentives
Parties and senior attorneys are encouraged to allow junior lawyers to participate in court proceedings, especially by arguing motions they drafted or substantially contributed to.
The Court therefore encourages the parties and senior attorneys to allow the participation of junior lawyers in all court proceedings, particularly in arguing motions where the junior lawyer drafted or contributed significantly to the motion or opposition.
Page 10 | Complex Case Management Order No. 1