Court Rules

Court-wide rules

Applies court-wide

These 1327 rules apply across Santa Clara Superior Court. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 548
  • Applies to
    Motion

    The Court will not approve the Settlement Administrator's costs award until the final approval hearing, when admissible evidence supporting the request must be provided.

  • Applies to
    Stipulations

    Counsel must confer before trial, attempt to stipulate, and reduce all stipulations to writing; written stipulations are filed and read aloud into the record during jury trials.

  • Applies to
    Settlement conference statement

    Each party must file a Settlement Conference Statement at least 10 calendar days before the MSC, or 15 calendar days if service is by mail.

Service

All 201
  • Applies to
    Application

    The moving party must send a copy of the application to FCS.

  • The party requesting criminal protective order modification must serve the Request on all parties and agencies, including the District Attorney, Adult Probation (if applicable), the accused, and the accused's attorney, at least five days before the hearing.

  • Service
    Electronic service to all parties

    All represented parties must electronically send all briefs, motions in limine, and witness lists to all parties before settlement conferences.

Filing Timing

All 177
  • Drop box filings are checked once per court day at 4:00 p.m. and deemed received at that time on retrieval day.

  • Deadline
    10 calendar days

    The Court must set a review hearing within 94 calendar days of appointment; if no written objections are received within 10 calendar days before the hearing, no appearance is necessary.

  • Deadline
    94 calendar days

    The Court will set a compliance review approximately 94 calendar days after appointment to confirm the Inventory and Appraisal and Notice have been filed and served.

E-Filing

All 77
  • Parties filing electronically must use one of the court's approved electronic filing service providers, with procedures available on the court's website.

  • Applies to
    Adr stipulation and order form

    Unless the parties otherwise agree, the plaintiff is responsible for e-filing the ADR stipulation and order.

  • Applies to
    Application and order

    DFCS must e-file an Application and Order requesting the court order the child returned to the parent on a Family Maintenance plan.

About Judge Frederick S. Chung

Judge Frederick S. Chung serves on the Superior Court of California, County of Santa Clara, a general jurisdiction state trial court handling civil, criminal, and other trial matters.

Practitioners will find the judge's procedures in the published document 'dept-5-ctj.pdf', which provides specific instructions for Department 5 matters.

Common questions about Judge Frederick S. Chung's rules

Are courtesy copies required for Judge Frederick S. Chung?

Details: by email. In bench trials, counsel must email a courtesy copy of all e-filed documents to the court at department5@scscourt.org, copying all counsel.

View ruleSource: page 3, section Bench Trials

Does Judge Frederick S. Chung require a pre-motion conference or letter before filing a motion?

Judge Frederick S. Chung's rules set a pre-motion procedure for covered motions. In limine and other pretrial motions are heard on the record before the jury panel is called, absent special circumstances.

View ruleSource: page 3, section Jury Trials

What formatting rules apply to filings before Judge Frederick S. Chung?

Judge Frederick S. Chung's formatting rule includes file format docx and editable word version required. Counsel must provide the courtroom clerk with an Exhibit List in an editable Word version.

View ruleSource: page 6, section Exhibits

What must be included with bench trial pretrial submissions filings before Judge Frederick S. Chung?

The rule identifies required filing content or certificates. In bench trials, counsel must provide the court with a complete hard copy of specified pretrial submissions (in limine motions, exhibit/witness lists, stipulations, statement of the case, trial briefs) by noon on the court day before trial.

View ruleSource: page 3, section Bench Trials

What must be included with jury instructions filings before Judge Frederick S. Chung?

The rule identifies required filing content or certificates. A list of requested CACI jury instructions must be submitted to the court by noon on the day before trial.

View ruleSource: page 3, section Jury Instructions

How may parties contact Judge Frederick S. Chung's chambers?

Counsel must inform the courtroom clerk where they can be reached at all times during jury deliberations.

View ruleSource: page 7

Does Judge Frederick S. Chung require motion papers to be bundled?

Yes. Judge Frederick S. Chung requires bundling for covered papers. A minimum of four full sets of pre-numbered exhibits is required.

View ruleSource: page 7

When is a filing treated as filed before Judge Frederick S. Chung?

The rule states a 8:45 a.m. filing cutoff. If no court reporter is retained, counsel must meet and confer daily to agree on a settled statement, which must be filed the following day at or before 8:45 a.m.

View ruleSource: page 2, section Court Reporters
Complete rules summary for Judge Frederick S. Chung

In bench trials, counsel must provide the court with a complete hard copy of specified pretrial submissions (in limine motions, exhibit/witness lists, stipulations, statement of the case, trial briefs) by noon on the court day before trial.

In bench trials, counsel must email a courtesy copy of all e-filed documents to the court at department5@scscourt.org, copying all counsel.

Attorneys should email Department 5 at Department5@scscourt.org, which is monitored by the courtroom clerk between 8:30 a.m. and 4:30 p.m.

Attorneys must not contact the judge directly without express permission.

Counsel must provide 16-17 copies of the final jury instructions to the court (12 for the jury, 2-3 for alternates, 1 for the judge, and 1 to be filed).

Attorneys must copy the other parties or counsel on any email to Department 5 to avoid ex parte communications.

If no court reporter is retained, counsel must meet and confer daily to agree on a settled statement, which must be filed the following day at or before 8:45 a.m.

If the parties cannot agree on a settled statement, one side's proposal redlined against the other is submitted, with plaintiffs responsible on even-numbered days and defendants on odd-numbered days.

In jury trials, counsel must provide the court with courtesy hard copies of specified trial documents by noon on the court day before trial starts.

Counsel must email a courtesy copy of all e-filed documents to the court, copying all counsel, at department5@scscourt.org.

In limine and other pretrial motions are heard on the record before the jury panel is called, absent special circumstances.

The department email is department5@scscourt.org.

Originals of all depositions that may be used at trial must be lodged with the court clerk before trial begins.

A list of requested CACI jury instructions must be submitted to the court by noon on the day before trial.

An edited set of jury instructions must be submitted at the earliest possible time after the conclusion of in limine motions.

Non-CACI or pinpoint jury instructions must be submitted in writing.

Counsel must provide the courtroom clerk with an Exhibit List in an editable Word version.

Exhibit lists must include specific, brief descriptions identifying the substance of each exhibit; general descriptions are not sufficiently informative.

Each party offering exhibits must prepare multiple identical, identically pre-numbered sets of all trial exhibits - one each for the judge, clerk, and witness - unless otherwise agreed upon and approved by the court.

A minimum of four full sets of pre-numbered exhibits is required.

Parties must notify the court in advance if they anticipate needing more than four exhibit binders.

Counsel must inform the courtroom clerk where they can be reached at all times during jury deliberations.

Counsel should let the court know if they wish to visit trial jurors after discharge.

The prevailing party must prepare and submit the judgment within 5 court days after trial concludes.

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