Santa Clara Superior Court Document Filing Requirements

Applies to

Joint pretrial statement

Detailed joint pre-trial statements containing concrete suggestions for efficient trial management must be submitted in advance of the pre-trial conference.

The Court requires detailed JOINT pre-trial statements in advance of a pre-trial conference where counsel are expected to make concrete suggestions as to efficient trial management; see XI below.

Applies to

Stipulation to continue

Must include

proposed order

Stipulations to continue a hearing or trial date must include a proposed order with a blank line for the Court to fill in the new hearing or trial date.

Stipulations to continue a hearing or trial date must include a suggested future hearing date or a suggested timeframe for a future hearing date and must include a proposed order with a blank line for the Court to fill in a new hearing or trial date.

Applies to

Settlement disposition documents

Upon settlement before a hearing or trial, parties must file a Notice of Settlement, Request for Dismissal, Stipulation for Entry of Judgment, or Judgment on Stipulation ready for the Court's signature, or appear at the scheduled hearing and recite the settlement on the record.

In the event a case settles before a court hearing or trial date, parties must telephonically notify the Court as soon as the disposition is agreed upon and must file with the Complex Litigation Department either a Notice of Settlement, Request for Dismissal, a Stipulation for Entry of Judgment or a Judgment on Stipulation that is ready for the Court’s signature. If the applicable document is not ready, counsel must appear at the time scheduled for hearing and recite the settlement for the record.

Applies to

Opposition

When an amended pleading is filed after a sustained demurrer or granted motion to strike with leave to amend, the plaintiff or cross-complainant must file with its opposition to any successive demurrer or motion to strike a redline comparing the amended pleading to the previous version.

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 shall file with its opposition to any successive demurrer or motion to strike a redline comparing the amended pleading to the previous version of the pleading.

Applies to

Joint case management statement

Parties must file a joint case management statement (instead of Form CM-110) before each conference, addressing the case summary, prior orders and compliance, anticipated problems, management suggestions with a proposed timeline, and any special considerations.

Judicial Council Form CM-110, Civil Case Management Statement (required by CRC 3.725(c)), is not well-suited for complex cases. Instead, the parties shall file a joint case management statement no later than five calendar days before the hearing for each conference addressing the following subjects: (a) a brief objective summary of the case, (b) a summary of any orders from prior case management conferences and the progress of the parties' compliance with said orders, (c) significant procedural and practical problems that may likely be encountered, (d) suggestions for efficient management, including a proposed timeline of key events, and (e) any other special consideration to assist the Court in determining an effective case management plan.

Applies to

Mini trial

For mini-trials, briefs and factual stipulations must be submitted in advance.

Briefs and factual stipulations must be submitted in advance.

Applies to

Mini trial stipulation

To schedule a mini-trial, a party must contact the Complex Litigation Clerk and submit a stipulation signed by all counsel.

Contact the Complex Litigation Clerk to schedule a date and submit a stipulation signed by all counsel.

Applies to

Pretrial conference documents

Counsel must meet and confer (in person, by telephone, or by videoconference) and execute the required documents at least 10 days before the pretrial conference.

At least 10 days before the pretrial conference, counsel shall meet and confer and execute necessary documents listed below. Counsel shall meet in person (or by telephone or videoconference) at a mutually agreeable time and location.

Applies to

Joint statement of the case

At the pretrial conference meet and confer, the parties must prepare a Joint Statement of the Case.

At the meet and confer, the parties shall: 1. Prepare a Joint Statement of the Case.

Applies to

Joint witness list

At the pretrial conference meet and confer, the parties must prepare a Joint Witness List excluding impeachment or rebuttal witnesses, with accurate time estimates.

Prepare a Joint Witness List, excluding impeachment or rebuttal witnesses, with accurate time estimates.

Applies to

Witness list

Counsel must be prepared to state at the conference the time they will need to cross-examine each witness listed by the opposing party.

Counsel must also be prepared to state at the conference how much time they will require for cross-examination of each witness identified on the other party's list.

Applies to

Joint list of controverted issues

Parties must prepare a Joint List of Controverted Issues in both jury and non-jury trials, and any issue the parties fail to agree on is deemed controverted.

Prepare a Joint List of Controverted Issues. If all the parties fail to agree to an issue as controverted or uncontroverted, then the issue is controverted. (Required for both jury and non-jury trials).

Applies to

Statement of compliance

Must include

local rule certificate

Counsel must execute a Statement of Compliance certifying compliance with the Local Rules and these Complex Civil Guidelines.

Execute the Statement of Compliance indicating counsel has complied with the Local Rules and these Guidelines.

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.

Counsel must confer in advance of the trial, attempt to stipulate on as many issues and facts as possible, and reduce all stipulations to writing. The written stipulation is filed and during jury trials is read aloud into the record.

Applies to

Trial documents

Unless the case settled at the MSC, was dismissed in full, or the Court orders otherwise, parties must deliver in limine motions (with a list), exhibit lists/indices (except impeachment exhibits), witness lists, jury instruction requests, proposed special verdicts, stipulations, a concise non-argumentative statement of the case, and trial briefs to the department on the morning of the first day of trial.

Unless the case was settled at the Mandatory Settlement Conference or dismissed in full prior thereto, or unless otherwise ordered by the Court, the following items must be delivered to the department on the morning of the first day of trial: a. all in limine motions and a list of the in limine motions; (2) exhibit lists/indices, except impeachment exhibits; (3) witness lists, except impeachment witnesses, and unusual scheduling problems; each witness listed shall include a succinct (no more than one or two sentences) statement of the general subject matter of the witness' testimony and an estimate of the time that will be required for the direct examination of each such witness; (4) jury instruction requests, except for instructions that cannot reasonably be anticipated prior to trial; (5) proposed special verdicts; (6) any stipulations on factual or legal issues; (7) a concise, non-argumentative statement of the case to be read to the jury in jury trials; (8) trial briefs;

Applies to

Witness list

Each witness on the trial witness list must include a succinct (no more than one or two sentences) statement of the general subject matter of testimony and an estimate of the time needed for direct examination.

each witness listed shall include a succinct (no more than one or two sentences) statement of the general subject matter of the witness' testimony and an estimate of the time that will be required for the direct examination of each such witness;

Applies to

Exhibit list

Each counsel must provide the Court with an exhibit list describing each exhibit and indicating whether it is to be admitted into evidence by stipulation.

Each counsel must provide the Court with an EXHIBIT LIST describing each exhibit, indicating whether the exhibit is to be admitted into evidence by stipulation.

Applies to

Exhibits

Counsel must provide the Court with trial exhibits plus one copy.

Counsel must provide the Court with the exhibits, plus one copy.

Applies to

Discovery responses

Responses to interrogatories and requests for admission expected to be used at trial must be extracted, lodged with the Court, and a copy given to counsel.

Responses to interrogatories and requests for admission that are expected to be used at trial must be extracted and lodged with the Court, and a copy given to counsel, at the appropriate time.

Applies to

Discovery response extracts

In jury trials, interrogatory and RFA questions and answers must be read into the record subject to objections, while extracts may be submitted as exhibits in court trials.

In jury trials, questions and answers must be read into the record, subject to proper objections. The extracts may be submitted as exhibits in a Court trial.

Applies to

Deposition transcripts

Deposition transcripts expected to be used at trial must be lodged with the Court on the first day of trial.

Deposition transcripts that are expected to be used at trial must be lodged with the Court on the first day of trial.

Applies to

Deposition transcript extracts

In jury trials, pertinent deposition provisions must be read into the record subject to objections, while in court trials extracts may be submitted and marked as exhibits.

Pertinent provisions must be read into the record in jury trials, subject to proper objections. In Court trials, extracts may be submitted and marked as exhibits.

Applies to

Remote appearance request

Must include

proposed order

A request for court approval to appear remotely must be made via video-conferencing only (telephone appearances are not permitted) and must include RA-010, MC-025, and a blank FM-1201 order form.

If you wish to ask for court approval to appear remotely using video-conferencing (telephone appearances are not permitted) you must submit the following forms: RA-010 [Notice of Remote Appearance], MC-025 [Attachment] (to supplement your request), and a blank FM-1201 [Order Regarding Remote Appearance].

Applies to

Joint proposed jury instructions and verdict forms

Parties must prepare joint proposed jury instructions limited to CACI and verdict forms.

Prepare joint proposed jury instructions (CACI only) and verdict forms, and exchange disputed instructions.

Applies to

Case management conference statement

Case management conference statements must be filed in a combined format.

Case management conference statements are to be in a combined format; see VII. 3 below.

Applies to

Form civ 110

Counsel must not use Form CIV-110 (order form) in cases involving class or PAGA claims because resolution of those claims requires court approval.

Counsel should NOT use a Form CIV-110 in a case involving class or PAGA claims, as resolution of such claims requires court approval.

Applies to

Application for waiver of msc personal appearance

Waivers of the personal appearance requirement at the MSC must be requested by written application to the Court.

Any request for a waiver of the requirement to personally appear at the MSC, whether conducted by the Court or not, must be made by written application to the Court.

Applies to

Witness list

Witness lists must include only witnesses the party actually expects to call with a brief synopsis of proposed testimony, and each list must also be prepared in the attached form in addition to the list in the statements.

Witness lists should not be exaggerated. Only witnesses that a party expects to actually call should be listed, with a brief synopsis of the proposed testimony. In addition to the list contained in the statements, each list should also be prepared in the form attached as follows.

Applies to

Witness list

Witness lists should state the expected direct examination time for each witness, expressed in minutes rather than days or hours.

As noted above, counsel should include in their witness list the amount of time they expect to spend on direct examination of each witness. The amount of time should be stated in minutes (not days or hours).

Applies to

Witness list

Witness lists must follow the prescribed table format with columns for Witness, Party (P or D), Direct (min.), Cross (min.), Redirect (min.), Total, and Subject.

Format for Witness Lists Plaintiffs' List Party (P or D) Witness Direct (min.) Cross (min.) Redirect (min.) Total Subject

Applies to

Voir dire questions

Parties must prepare voir dire questions for the Court to use when examining the jury panel.

Prepare voir dire questions for the Court to include when examining the panel.

Applies to

Deposition transcript

Original deposition transcripts to be used at trial must be provided as part of the trial exhibit submissions (list item continuing from the prior page).

(9) the original of all deposition transcripts to be used during the course of the trial.

Applies to

Stipulation return of exhibits

Before trial, counsel must sign a stipulation for the return and maintenance of exhibits after trial, with the plaintiff maintaining joint exhibits unless otherwise stipulated.

Before trial commences, counsel will be asked to sign a stipulation for the return and maintenance of exhibits when the trial is completed. Plaintiff will maintain joint exhibits, unless otherwise stipulated.

Applies to

Status conference statement

A less detailed status conference statement may be filed as an alternative to the joint case management statement when appropriate, to advise the Court of progress or developments since the last review hearing.

A status conference statement may be filed as an alternative to the case management statement when appropriate. A status conference statement is generally less detailed than a case management statement and is to be used to advise the Court of progress or developments in the case which have occurred since the last review hearing.