San Mateo Superior Court Pre-Motion Conference Requirements

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

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.

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

No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with the opposing party.

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

No replies will be permitted without leave of the Court.

Before filing a discovery motion, the parties must participate in an informal discovery conference unless the Court authorizes otherwise, and no discovery motion will be heard without an IDC.

21. Discovery meet and confer obligations require an in person or videoconference 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.

Before the hearing of any motion, petition, or application other than a pro hac vice application or a motion to withdraw as counsel, counsel and pro se persons must confer in good faith to try to eliminate or narrow the hearing.

25. This Court believes that pre-hearing conferences between counsel may be useful in avoiding useless, or mitigating inefficient, motion hearings. Therefore, in addition to meeting and conferring pre-filing, 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.

Before filing a motion in limine, parties or counsel must meet and confer in good faith to attempt to reach a stipulation, preferably through an in-person meeting, telephone call, or video conference; exchanging letters, emails, or voicemail is insufficient.

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.

Parties must make a good-faith effort to resolve evidentiary issues with the opposing party through meet-and-confer no later than 35 days before the Pretrial Conference before filing a motion in limine.

The parties are encouraged to resolve trial issues with one another as soon as possible. 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.

An Informal Discovery Conference conducted by the Case Management Judicial Officer is mandatory before filing a discovery motion.

Parties must comply with Local Rule 3.700 regarding mandatory Informal Discovery Conference (“IDC”) before filing a discovery motion. All IDCs are conducted by the Case Management Judicial Officer.

Unless the Court orders otherwise, counsel and pro se persons must meet in person or by video, and the parties must participate in an informal discovery conference before filing any discovery motion if the dispute is unresolved.

Discovery meet and confer obligations require an in-person or video conference between counsel and persons appearing in propria persona 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 in IDC.

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.

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.

At least 21 days before the pretrial conference, the parties must meet and confer, and no motion in limine may be filed without a prior good-faith effort to resolve or narrow the evidentiary issue.

The parties shall meet and confer no later than twenty-one (21) days before the PTC to determine whether any evidentiary issues may be resolved by stipulation. No party may file a motion in limine (“MIL”) without first making a good faith effort to resolve/narrow the evidentiary issue with the opposing party.

The parties must meet and confer at least 21 days before the pretrial conference, and no party may file a motion in limine without first making a good-faith effort to resolve or narrow the evidentiary issue.

The parties shall meet and confer no later than twenty-one (21) days before the PTC to determine whether any evidentiary issues may be resolved by stipulation. No party may file a motion in limine (“MIL”) without first making a good faith effort to resolve/narrow the evidentiary issue with the opposing party.

The parties must meet and confer no later than 21 days before the pretrial conference to determine whether evidentiary issues can be resolved by stipulation.

The parties shall meet and confer no later than twenty-one (21) days before the PTC to determine whether any evidentiary issues may be resolved by stipulation.

A party may not file a motion in limine without first making a good-faith effort to resolve or narrow the evidentiary issue with the opposing party.

No party may file a motion in limine (“MIL”) without first making a good faith effort to resolve/narrow the evidentiary issue with the opposing party.

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.

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.

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.

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.

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

No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with the opposing party.

The parties must meet and confer at least 35 days before the Pretrial Conference regarding possible stipulation of evidentiary issues.

The parties shall meet and confer no later than 35 days before the Pretrial Conference to determine whether any evidentiary issues may be resolved by stipulation.

Parties must meet and confer at least 35 days before the Pretrial Conference and make a good-faith effort to resolve evidentiary issues before filing a motion in limine.

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.

Parties must meet and confer at least 35 days before the Pretrial Conference and make a good-faith effort to resolve evidentiary issues before filing a motion in limine.

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.

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.

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 must arrange the pre-hearing conference to occur at least three calendar days before the hearing.

Counsel for the moving party shall arrange the conference to meet and confer at least three (3) calendar days before the hearing

Motions concerning administrative matters or other issues not seeking exclusion of specific evidence should not be presented as motions in limine.

Administrative and other motions not seeking to exclude specific evidence, e.g., excluding witnesses from the courtroom, requesting 24 hours’ notice of calling a witness, a review of demonstrative exhibits to be used at opening or closing, excluding speculative evidence, excluding evidence not produced in discovery (when that is the sole reason offered), precluding “reptile theory” arguments, should not be subject of an MIL.

A motion in limine is improper when it seeks admission or exclusion based merely on the absence of evidence or the existence of conflicting evidence.

An MIL which argues that “no evidence on an issue should be introduced because there is no evidence on the issue” or because “there is other evidence that conflicts with the evidence sought to be suppressed” are not proper MILs.

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.

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.

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.

Required

Always

Replies to motions in limine are not permitted without the Court’s leave.

No replies will be permitted without leave of the Court.

Judge Fineman will hold substantive pretrial conferences to minimize surprises at trial.

Judge Fineman will be holding substantive Pre-Trial Conferences so that surprises at trial are minimized.

Required

Always

The parties must begin meeting and conferring well before trial as part of Judge Fineman's pretrial process.

Her process is similar to the ones required by most federal judges and requires the parties to begin meeting-and-conferring well in advance of trial.

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

The parties are encouraged to resolve trial issues with one another as soon as possible.

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

The motions will be heard at the Pretrial Conference or at such other time as the Court may direct.

Parties and non-parties are encouraged, but not required, to hold an informal discovery conference before filing a motion to compel or another discovery motion in a general civil case.

In all general civil cases as defined by CRC Rule 1.6(4), parties and non-parties are encouraged to hold an Informal Discovery Conference with the Court prior to filing a motion to compel or any other discovery motion.

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.

In general civil cases, parties and non-parties are encouraged to hold an informal discovery conference before filing a discovery motion.

In all general civil cases as defined by CRC Rule 1.6(4), parties and non-parties are encouraged to hold an Informal Discovery Conference with the Court prior to filing a motion to compel or any other discovery motion.

The parties may submit an agreed briefing schedule and proposed order if any reply is filed at least two weeks before the hearing.

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.