San Mateo Superior Court Filing Rules

Long-cause trial briefs must be exchanged in the manner specified in Appendix 2 and California Rules of Court Rule 5.394.

Counsel who is thoroughly familiar with the case must attend every case management conference.

The Joint Pretrial Conference Statement must include a Settlement Discussions section describing settlement efforts, the prospect of productive further negotiations, and anything that would facilitate settlement.

The parties must file a joint proposed neutral statement of the case for use during voir dire with the Joint Pretrial Conference Statement.

The parties must file a joint pretrial conference statement and provide the court with one binder.

Ex parte applications and proof of payment must reach the Department’s courtroom clerk no later than 15 minutes from the time set for ex parte hearings.

The parties must file a joint CMC statement no later than six calendar days before each CMC hearing.

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

The parties must meet and confer about deposition objections at least five days before the binder is due.

Oppositions to motions in limine are due seven days after the motions are filed.

In limine motions on Local Court form FL-10 must be filed with the court and served at least five court days before trial.

Each party must state at the first case management conference whether it agrees to email service, and a party that agrees will receive court orders only by email.

All parties and counsel must electronically serve and accept electronic service of documents unless a statute or rule requires another method.

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.

All parties and counsel must electronically serve and accept electronic service of all documents unless another method is required by statute or rule.

The required pretrial binder may be no more than 2½ inches wide.

The exhibit list must be a table containing the exhibit number, description and Bates numbers if any, sponsoring witness, identification date, admission date, and stipulation status.

The court may permit proposed jury instructions to be sent into the jury room in Booklet Form.

The parties must jointly submit one tabbed binder containing a joint pleading with designations, objections, and responses, using yellow highlighting for designations and red brackets for objections.

The single pretrial binder provided to the court must be no more than 2-3 inches wide.

An email to Department 2 should identify the case name, case number, and purpose in its subject line to avoid delay.

Informal conferences with the Court will use videoconference unless the Court indicates otherwise.

Before contacting opposing counsel regarding an available continuance date, email Department 28 and the complex civil address to obtain the dates.

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.

Requests for an Informal Discovery Conference must be sent by email to the Family Law Commissioner and contemporaneously copied to all parties and self-represented parties.

Documents specified by Rule 2.1.8 cannot be electronically filed or lodged and must be submitted in paper form.

Copies of all pleadings, motions, and briefs must be emailed to complexcivil@sanmateocourt.org, and that address must appear on the proof of service.

Proposed orders must not be e-filed or sent as courtesy copies; they may be e-filed only after the matter is heard.

After preliminary approval, the written stipulation must be e-filed before the hearing or trial date, and electronic signatures are permitted.

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

A copy of every reply brief, unlawful detainer opposition, or motion for summary judgment must be emailed to lawandmotionreplybriefs@sanmateocourt.org.

Courtesy copies are required for all Law and Motion filings, CMC statements, and trial-related filings.

Absent permission to email them, courtesy copies for all documents must be delivered to Department 2 by messenger, mail, or overnight delivery.

At least three sets of trial exhibits must be delivered to the court at least 14 days before trial.

Courtesy copies and motion, pretrial, and trial documents must be delivered directly to Courtroom 4C in Redwood City.

An informal-conference brief may not exceed three pages.

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

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

The trial brief is limited to 10 pages.

Appellate briefs are limited to 6,800 words absent prior Appellate Division approval; tables of contents and authorities are excluded, while footnotes count toward the limit.

A party opposing an ex parte order may appear remotely unless the court orders otherwise under subdivision (d).

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

Except for pro hac vice applications and counsel-withdrawal motions, counsel and self-represented parties must confer in good faith at least three calendar days before the hearing, and moving counsel must submit a declaration of the conference and agreements at least one day before the hearing.

Parties are encouraged to hold an informal discovery conference before filing a motion to compel or another discovery motion.

Before most hearings, counsel and self-represented parties must make a good-faith conference to eliminate the hearing or resolve disputes; pro hac vice applications and counsel-withdrawal motions are excepted.

Transcript preparation begins after the reporter receives a notice of appeal and the appellant deposits $325.00 for each half day or $650.00 for each full day of trial included in the transcript.

A party filing ex parte papers electronically must pay the ex parte application fee when filing.

The ex parte application fee must be paid when the papers are electronically filed.

Self-represented parties who have not signed up for e-filing and appear in person at the Central Courthouse may pay ex-parte fees by phone before the hearing and must submit their applications, supporting papers, and proof of payment to the assigned Civil Judge’s courtroom clerk no later than 15 minutes from the hearing time.

A party that e-files ex parte papers must pay the ex parte application fee when filing.

A stipulated short-cause continuance may be requested by phone with 24 hours’ notice or in open court; no more than one may be granted without a court order and good cause, and a case not ready on the continued date may be removed from calendar absent good cause.

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.

Continuances of hearing and trial dates are discouraged and require this Court's approval when necessary.

For summary judgment and motions to quash when the opposing party wants discovery, the parties should work out the discovery and timeframe and continue the motion at least three days before the hearing.

Any necessary continuance of a hearing or trial date requires prior Court approval, and a stipulated continuance may proceed only to a date already approved by the Court.

Declarations, requests for judicial notice, and attached exhibits must be placed in a separate tabbed binder submitted with the Joint Pretrial Conference Statement.

A joint binder containing deposition designations and objections and highlighted transcripts must be delivered, not filed, three court days before the pretrial conference.

Parties must file joint pretrial conference statement, and provide to the Court one (1) set of BINDERS NO MORE THAN 2½ INCHES WIDE – with the following: 1. Proposed jury instructions; 2. Proposed verdict form(s); 3. Proposed voir dire and juror questionnaire (if any); 4. Proposed statement of the case; 5. Witness lists; 6. Exhibit lists, including any disputed exhibits; 7. Motions in limine, oppositions, and supporting declarations or requests for judicial notice; and 8. Deposition designations and objections — At least 14 days before the Pretrial Conference

The parties must jointly submit one binder containing the joint pleading, designations, objections, responses, witness tabs, yellow-highlighted designations, and red-bracketed objections.

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

Confidential discovery documents lodged under Rule 2.1.9 will not be sealed because they are exempt from the sealing rules.

A motion or application to seal must be heard no later than a motion that relies on the materials sought to be sealed.

A motion or application to seal must be decided before any motion relying on the materials sought to be sealed.

A sealing motion or application must be decided no later than a motion that relies on the materials sought to be sealed.

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.

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.

The court strongly encourages parties and senior attorneys to allow junior lawyers to participate in proceedings, particularly by arguing motions they drafted or substantially contributed to.

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 encourages junior lawyers to participate in all proceedings, especially by arguing motions they drafted or substantially contributed to.