Santa Clara Superior Court Pre-Motion Conference Requirements

Required

Always

Parties must be present at judicially supervised settlement conferences, or attorneys must have full settlement authority.

For all judicially supervised settlement conferences and long cause trials, parties are ordered present for the judicially supervised settlement conference or attorneys must have full settlement authority.

Discovery motions may not be filed until the parties have meaningfully met and conferred and met with the Court for an Informal Discovery Conference.

No discovery motions may be filed until the parties have meaningfully met and conferred AND met with the Court for an Informal Discovery Conference.

Ex parte applications are discouraged except in unusual situations, will be decided on the papers unless the Court orders otherwise, and require strict compliance with CRC Rules 3.1200-3.1207 and Local Rules.

Ex parte applications are discouraged except in unusual situations. All ex parte applications will be determined on the papers unless the Court orders otherwise. Strict compliance with CRC Rules 3.1200-3.1207 and the Court’s Local Rules is required.

Discovery meet and confer obligations require an actual conference between counsel, which may be in-person, telephonic, or videoconference.

Discovery meet and confer obligations require an actual conference (in-person, telephonic, or videoconference) between counsel.

If meet and confer does not resolve the dispute, parties must hold an Informal Discovery Conference (IDC) with the Court before filing any discovery motion, unless otherwise authorized by the Court.

If a resolution is not reached, parties are required to have an Informal Discovery Conference (IDC) with the Court before filing any discovery motion, unless otherwise authorized by the Court.

Counsel and/or parties with full authority to resolve the discovery issues must appear at the IDC unless excused by the Court.

Counsel and/or parties with full authority to resolve the discovery issue(s) must appear at the IDC unless excused by the Court.

Before the hearing of any motion, petition, or application, all counsel and self-represented parties must meet and confer in good faith in an effort to eliminate the necessity of the hearing.

Before the hearing of any motion, petition or application, all counsel and parties representing themselves shall meet and confer in a good faith effort to eliminate the necessity of the hearing.

Motions in limine are not heard at the pre-trial conference.

The conference is not for the purpose of hearing motions in limine.

Counsel may arrange an informal conference with the Court (when all counsel agree it is advisable) for problems that may not require a formal motion by contacting the department to reserve a time.

The Court is eager to assist counsel when specific problems arise that may not require a formal motion. To arrange a conference with the Court when all counsel agree to the advisability of such a discussion, please contact the department to reserve a time for the conference.