Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Court-wideExhibit List
Court-wide- 1 copy • Email • At Least Five Court Days Before Trial
Exhibits
Court-wide- 4 copies • Hand Delivery • On First Day of Trial
Joint Statement of the Case
Court-wide- 1 copy • Email
Adjournments
Court-wide
Communication
Chambers6 contacts
Other Contacts1 contacts
Document Format Requirements18 rules
All exhibits in the evidence binder(s) shall be marked for identification as they are referred to during trial.
Evidence binders must be between 2½ and 3 inches in size and have a numbered tab for each exhibit.
Court's wording
and shall bring their evidence binder (binders shall be between 2 ½ and 3 inches in size) with a table of contents and numbered tab for each exhibit as ordered in the TRIAL CALL ORDER to the Court the first morning start of trial.
Multi-paged exhibits shall be internally numbered by Bates stamp or other consecutive numbering.
Medical bills or invoices shall be tabbed and marked separately from medical records or other documents.
Evidence binders brought to court at the start of trial must be 2½ to 3 inches in size and have a table of contents and a numbered tab for each exhibit.
Formatting
- •A numbered tab is required for each exhibit
Court's wording
For example, Plaintiff/Petitioner shall use numbers 1 – 200 and Defendant/Respondent shall use numbers 201 – 400 adjusting the numbers as necessary to accommodate both parties number of exhibits and shall bring their evidence binder (binders shall be between 2 ½ and 3 inches in size) with a table of contents and numbered tab for each exhibit as ordered in the TRIAL CALL ORDER to the Court the first morning start of trial.
and email as a WORD attachment to Dept 4 Secretary phiromerides@sbcourts.org
Formatting
- •Submit as a WORD attachment
Evidence binders must comply with the stated size, exhibit-numbering, tabbing, pagination, reserved-tab, and medical-document separation requirements.
Court's wording
The evidence binder(s), each binder shall not exceed 2 ½ to 3 inches and shall comply with the following requirements. 1. Exhibits shall be numbered serially, without designation as “Plaintiff’s” or “Defendants”; 2. Each party shall be assigned a block of numbers sufficient for the number of exhibits to be offered by that party, with the lowest numbered block assigned to the plaintiff; 3. There shall be a separate, numbered tab in the binder for each exhibit or group exhibit; 4. Each group exhibit shall have an internal numbering system (Bates stamp or pagination); 5. Impeachment exhibits need not be in the evidence binder, but a numbered tab for a “reserved” exhibit must be in the evidence binder for each impeachment exhibit; and 6. Medical bills or invoices shall be tabbed separately from medical records.
Microsoft Word is preferred for the emailed evidence-binder table of contents.
- Exhibit list
Formatting
- •Microsoft Word preferred
Court's wording
If not already done, each lead trial counsel shall, within eighteen (18) hours, file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a table of contents of that party’s exhibits in the evidence binder.
Trial counsel for all sides shall confer about their intended numbering of exhibits/numbers to be used.
Microsoft Word is preferred for the emailed witness list.
- Witness list
Formatting
- •Microsoft Word preferred
Court's wording
If not already done, each lead trial counsel shall, within eighteen (18) hours, file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a complete witness list of the party’s proposed witnesses.
Microsoft Word is preferred for the jury-instruction submission.
- Jury instructions
Formatting
- •Microsoft Word preferred
Court's wording
(Microsoft Word preferred) a list of the parties’ requested CACI instructions, by number, a document containing the edited text of each CACI Instruction as the party wants it given, and the text of any requested special jury instruction, with supporting authorities as ordered in the TRIAL CALL ORDER.
Medical bills or invoices shall be tabbed and marked separately from medical records or other documents.
Multi-paged exhibits shall be internally numbered by Bates stamp or other consecutive numbering.
Microsoft Word is the preferred format for the emailed exhibit table-of-contents attachment.
Court's wording
If not already done, each lead trial counsel shall forthwith file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a table of contents of that party’s exhibits in the evidence binder.
Microsoft Word is the preferred format for the emailed witness-list attachment.
Court's wording
If not already done, each lead trial counsel shall forthwith file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a complete witness list of the party’s proposed witnesses.
Microsoft Word is the preferred format for the emailed trial-material attachments.
Formatting
- •Microsoft Word is preferred for the e-mail attachment
Court's wording
Each party, if they have not already done so, shall forthwith file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) the following: 1. The table of contents of the party’s evidence binder 2. A complete witness list of the party’s proposed witnesses; 3. The party’s trial brief; 4. Any in limine motions offered by the party.
Microsoft Word is the preferred format for the emailed jury-instruction attachments.
Formatting
- •Microsoft Word is preferred for the e-mail attachment
Court's wording
Each party, if they have not already done so, shall forthwith file, serve, and e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) the following: 1. A list of the parties’ requested CACI instructions, by number; 2. A document containing the edited text of each CACI Instruction as the party wants it given 3. The text of any requested special jury instruction, with supporting authorities;
For example, Plaintiff/Petitioner shall use numbers 1 – 200 and Defendant/Respondent shall use numbers 201 – 400 adjusting the numbers as necessary to accommodate both parties number of exhibits
Document Filing Requirements23 rules
Any voir dire questions that counsel request be considered by the court to be included in the court’s voir dire shall be submitted at the pre-trial conference.
If not already done, each lead trial counsel shall, within eighteen (18) hours, file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment
No exhibit, except an impeachment exhibit, shall be marked for identification or received in evidence if it is not identified and described on the trial exhibit index, except for good cause shown.
Each side must bring its evidence binder, with a table of contents and a numbered tab for every exhibit, to court on the first morning of trial.
Court's wording
Trial counsel for all sides shall confer about their intended numbering of exhibits/numbers to be used. For example, Plaintiff/Petitioner shall use numbers 1 – 200 and Defendant/Respondent shall use numbers 201 – 400 adjusting the numbers as necessary to accommodate both parties number of exhibits and shall bring their evidence binder (binders shall be between 2 ½ and 3 inches in size) with a table of contents and numbered tab for each exhibit as ordered in the TRIAL CALL ORDER to the Court the first morning start of trial.
Each lead trial counsel must provide a table of contents of the party’s evidence-binder exhibits, unless already done.
Court's wording
If not already done, each lead trial counsel shall, within eighteen (18) hours, file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a table of contents of that party’s exhibits in the evidence binder.
Proposed jury verdict forms shall be submitted at the same time as the proposed jury instructions.
a list of the parties’ requested CACI instructions, by number, a document containing the edited text of each CACI Instruction as the party wants it given, and the text of any requested special jury instruction, with supporting authorities as ordered in the TRIAL CALL ORDER.
If not already done, each lead trial counsel shall, within eighteen (18) hours, file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a complete witness list of the party’s proposed witnesses.
The parties shall submit a joint statement of the case to be read to the jury (or each party shall submit a statement of the case if the parties are unable to agree) at the pre-trial conference.
Witnesses may not be added to the list during trial except for good cause shown.
No deposition transcript shall be read in court until a condensed or other copy has been furnished to the court.
No audio or video tape shall be played unless a transcript of the audio has been submitted to the court and counsel 24 hours prior to playing the tape, absent a showing of good cause.
Each lead trial counsel must file, serve, and email the party’s complete proposed-witness list to the court.
Court's wording
If not already done, each lead trial counsel shall forthwith file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a complete witness list of the party’s proposed witnesses.
Each lead trial counsel must file, serve, and email a table of contents of the party’s evidence-binder exhibits.
Court's wording
If not already done, each lead trial counsel shall forthwith file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a table of contents of that party’s exhibits in the evidence binder.
No deposition transcript shall be read in court until a condensed or other copy has been furnished to the court.
No exhibit, except an impeachment exhibit, shall be marked for identification or received in evidence if it is not identified and described on the trial exhibit index, except for good cause shown.
Bring the evidence binder, with a table of contents and a numbered tab for each exhibit, to court the first morning of trial.
- Document
- Evidence binder
Must include
- •Table of contents
Court's wording
For example, Plaintiff/Petitioner shall use numbers 1 – 200 and Defendant/Respondent shall use numbers 201 – 400 adjusting the numbers as necessary to accommodate both parties number of exhibits and shall bring their evidence binder (binders shall be between 2 ½ and 3 inches in size) with a table of contents and numbered tab for each exhibit as ordered in the TRIAL CALL ORDER to the Court the first morning start of trial.
No audio or video tape shall be played unless a transcript of the audio has been submitted to the court and counsel 24 hours prior to playing the tape, absent a showing of good cause.
Instructions for counsel: Please fill out the exhibit number, party and description columns only
Each party, if they have not already done so, shall meet and confer and bring to the clerk of Dept 4 on the first morning of trial their evidence binder, with sufficient copies for the Judge, witness stand and a copy for each side in the case.
Each party must file, serve, and email the listed trial materials to the court if they have not already done so.
Court's wording
Each party, if they have not already done so, shall forthwith file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) the following: 1. The table of contents of the party’s evidence binder 2. A complete witness list of the party’s proposed witnesses; 3. The party’s trial brief; 4. Any in limine motions offered by the party.
Each party must file, serve, and email the listed jury-instruction materials if they have not already done so.
Court's wording
Each party, if they have not already done so, shall forthwith file, serve, and e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) the following: 1. A list of the parties’ requested CACI instructions, by number; 2. A document containing the edited text of each CACI Instruction as the party wants it given 3. The text of any requested special jury instruction, with supporting authorities;
Each party must obtain the blank pretrial order and be prepared to argue and provide the requested accurate information at the pretrial conference on the first day of trial.
Court's wording
Each party shall obtain from the Department 4 Internet web page at http://www.sbcourts.org/general_info/judicial_officers/dgeck/forms.htm a blank copy of the court’s pre-trial order and shall be prepared to argue and provide the court with accurate information called for by the pre-trial order at the pre-trial conference on the first day of trial.
Filing & Service rules
Filing Timing and Cure Windows
The jury instructions must be filed within 18 hours.
If not already done, each lead trial counsel shall, within eighteen (18) hours, file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment
Civil cases
Page 2 | Jury Instructions
Supplemental requested jury instructions must be submitted at the earliest opportunity and at least 24 hours before the instruction conference, absent good cause.
Except for good cause shown, all supplemental requested jury instructions shall be submitted at the earliest opportunity and no later than 24 hours before the jury instruction conference.
Civil cases
Page 3 | Jury Instructions
The witness list must be filed within 18 hours, unless already filed.
If not already done, each lead trial counsel shall, within eighteen (18) hours, file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a complete witness list of the party’s proposed witnesses.
Civil cases
Page 3 | Witness Lists
The evidence-binder table of contents must be filed within 18 hours, unless already filed.
If not already done, each lead trial counsel shall, within eighteen (18) hours, file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a table of contents of that party’s exhibits in the evidence binder.
Civil cases
Page 3 | Evidence Binders
The transcript must be submitted to the court and counsel 24 hours before the tape is played, absent good cause.
No audio or video tape shall be played unless a transcript of the audio has been submitted to the court and counsel 24 hours prior to playing the tape, absent a showing of good cause.
Civil cases
Page 5 | Audio and Video Tapes
The listed trial materials must be filed forthwith if they have not already been filed.
Each party, if they have not already done so, shall forthwith file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) the following: 1. The table of contents of the party’s evidence binder 2. A complete witness list of the party’s proposed witnesses; 3. The party’s trial brief; 4. Any in limine motions offered by the party.
Civil cases
Page 1 | All Trials
The listed jury-instruction materials must be filed forthwith if they have not already been filed.
Each party, if they have not already done so, shall forthwith file, serve, and e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) the following: 1. A list of the parties’ requested CACI instructions, by number; 2. A document containing the edited text of each CACI Instruction as the party wants it given 3. The text of any requested special jury instruction, with supporting authorities;
Civil cases
Page 2 | Jury Trials
Service and Proof of Service Rules
If not already done, each lead trial counsel shall, within eighteen (18) hours, file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment
If not already done, each lead trial counsel shall, within eighteen (18) hours, file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment
Civil cases
Page 2 | Jury Instructions
Each lead trial counsel must serve the evidence-binder table of contents, unless already done.
If not already done, each lead trial counsel shall, within eighteen (18) hours, file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a table of contents of that party’s exhibits in the evidence binder.
Civil cases
Page 3 | Evidence Binders
If not already done, each lead trial counsel shall, within eighteen (18) hours, file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a complete witness list of the party’s proposed witnesses.
If not already done, each lead trial counsel shall, within eighteen (18) hours, file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a complete witness list of the party’s proposed witnesses.
Civil cases
Page 3 | Witness Lists
Each lead trial counsel must serve the table of contents of the party’s evidence-binder exhibits.
If not already done, each lead trial counsel shall forthwith file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a table of contents of that party’s exhibits in the evidence binder.
Civil cases
Page 1 | Evidence Binders
Each lead trial counsel must serve the party’s complete proposed-witness list.
If not already done, each lead trial counsel shall forthwith file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a complete witness list of the party’s proposed witnesses.
Civil cases
Page 1 | Witness Lists
Before an exhibit is marked for identification, copies must be delivered to the court and opposing counsel, unless good cause supports the stated inspection alternative.
No exhibit during trial shall be marked for identification until copies have been delivered to the court and opposing counsel or, at a minimum and for good cause shown, opposing counsel has had an opportunity to inspect and review the exhibit.
Civil cases
Page 2 | Use of Exhibits
Each party must serve the listed trial materials if they have not already done so.
Each party, if they have not already done so, shall forthwith file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) the following: 1. The table of contents of the party’s evidence binder 2. A complete witness list of the party’s proposed witnesses; 3. The party’s trial brief; 4. Any in limine motions offered by the party.
Civil cases
Page 1 | All Trials
Each party must serve the listed jury-instruction materials if they have not already done so.
Each party, if they have not already done so, shall forthwith file, serve, and e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) the following: 1. A list of the parties’ requested CACI instructions, by number; 2. A document containing the edited text of each CACI Instruction as the party wants it given 3. The text of any requested special jury instruction, with supporting authorities;
Civil cases
Page 2 | Jury Trials
The clerk must serve the order on every party and every subpoenaed person who appeared in court.
CLERK shall serve a copy of this order on each party to this action and each person under subpoena who appeared in court.
Civil cases
Page 2 | Notice
Filing Fees and Waivers
The party demanding a jury must pay daily jury fees to the courtroom clerk beginning on the second trial day; multiple demanding parties may allocate payment by stipulation or court order, and nonpayment may result in waiver of a jury trial.
The party demanding a jury trial shall, at the beginning of the second and each succeeding day’s session, pay daily jury fees to the courtroom clerk. The amount for each day will be calculated and provided by the courtroom clerk to the demanding party. If more than one party has demanded a jury, the amount payable by each party may be determined by stipulation or order of the court. Failure to pay daily jury fees may be deemed a waiver of the jury and the trial may proceed as a court trial.
Civil cases
Page 2 | Jury
Chambers Communication Rules
Each lead trial counsel must email the jury instructions to the court at the specified address as an attachment.
If not already done, each lead trial counsel shall, within eighteen (18) hours, file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment
Civil cases
Page 2 | Jury Instructions
Each lead trial counsel must email the evidence-binder table of contents to the court at the specified address as an attachment.
If not already done, each lead trial counsel shall, within eighteen (18) hours, file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a table of contents of that party’s exhibits in the evidence binder.
Civil cases
Page 3 | Evidence Binders
Each lead trial counsel must email the witness list to the court at the specified address as an attachment.
If not already done, each lead trial counsel shall, within eighteen (18) hours, file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a complete witness list of the party’s proposed witnesses.
Civil cases
Page 3 | Witness Lists
Email the evidence-binder exhibit table of contents to the court at the stated address as an attachment.
If not already done, each lead trial counsel shall forthwith file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a table of contents of that party’s exhibits in the evidence binder.
Civil cases
Page 1 | Evidence Binders
Email the complete witness list to the court at the stated address as an attachment.
If not already done, each lead trial counsel shall forthwith file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) a complete witness list of the party’s proposed witnesses.
Civil cases
Page 1 | Witness Lists
Counsel must email the exhibit list to the Dept 4 Secretary at the stated address.
and email as a WORD attachment to Dept 4 Secretary phiromerides@sbcourts.org
Page 1 | Exhibit List
Subpoenaed persons must provide the clerk with all telephone numbers where they can be reached on short notice before leaving court that day.
and to provide all telephone numbers where they may be reached on short notice to the Court’s CLERK before leaving Court today.
Civil cases
Page 1 | Trailing
Each party must email the listed trial materials to the court as attachments at the specified address.
Each party, if they have not already done so, shall forthwith file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) the following: 1. The table of contents of the party’s evidence binder 2. A complete witness list of the party’s proposed witnesses; 3. The party’s trial brief; 4. Any in limine motions offered by the party.
Civil cases
Page 1 | All Trials
Any email to the court must be sent simultaneously with all attachments to the specified email address.
Any Email to the Court shall simultaneously be emailed with all attachments to all of the following Email addresses: dgeck@sbcourts.org;
Civil cases
Page 2 | Email Addresses
Each party must email the listed jury-instruction materials to the court as attachments at the specified address.
Each party, if they have not already done so, shall forthwith file, serve, and e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) the following: 1. A list of the parties’ requested CACI instructions, by number; 2. A document containing the edited text of each CACI Instruction as the party wants it given 3. The text of any requested special jury instruction, with supporting authorities;
Civil cases
Page 2 | Jury Trials
Each party must identify to the clerk the block of exhibits it intends to use in the next trial segment.
Each party shall identify for the clerk the block of exhibits he or she intends to use in the next trial segment so they can be marked for identification during a recess.
Civil cases
Page 3 | Evidence Binders
Before adjourning each day, counsel must notify the court and opposing counsel of anticipated witnesses for the next day and, as practicable, later days.
Before adjournment each day, each counsel shall notify the court and opposing counsel of the witnesses anticipated to be called the following day and as far into the future as practicable.
Civil cases
Page 5 | Witnesses
Parties must notify the court and counsel of interpreter needs at the pretrial conference.
Parties shall arrange for any foreign language interpreters required during trial, shall notify the court and counsel of any such need for an interpreter at the pre-trial conference, and shall notify the bailiff before calling a witness requiring an interpreter and request the bailiff to place a chair at the witness box for the interpreter.
Civil cases
Page 5 | Interpreters