Santa Clara Superior Court Service and Proof of Service Rules

Deadline

3 business days

Service

Other to other

Notice of changes in the Department's recommendations must be provided to the parties and Court at least three court days before the settlement conference or long cause trial, whichever is earlier.

Notice (written, verbal, or electronic) of any changes in the Department's recommendations must be provided to the parties and Court no later than three court days before the date of the judicially supervised settlement conference or long cause trial whichever is earlier.

Applies to

Complex civil guidelines

Service

Other to opposing party

Plaintiffs must serve a copy of these Complex Civil Guidelines together with the summons and complaint.

PLAINTIFF MUST SERVE A COPY OF THESE GUIDELINES WITH THE SUMMONS AND COMPLAINT.

Service

Other

Cross-complainants must serve these guidelines on any new parties and give notice of scheduled hearings and depositions at the time the cross-complaint is served.

Cross-complainants must serve a copy of these guidelines upon any new parties and give notice of any scheduled hearings and depositions at the time the cross-complaint is served.

Applies to

Notice of case management conference date

Service

Other to all parties

Plaintiff must give notice of the first case management conference date (generally scheduled 120 days after filing) to all other parties.

The first case management conference is generally scheduled one hundred twenty (120) days after the action is filed. Plaintiff is required to give notice of this conference date to all other parties.

Applies to

Media or demonstrative exhibit

Service

Other to opposing party

Exhibits requiring time or equipment to observe (slides, transparencies, movies, videotapes, audiotapes) must be made available to opposing counsel for review before the court session in which they will be used, and proceedings will not be delayed if the review has not occurred.

Counsel seeking to display to the jury any exhibit which required time and equipment to observe, such as slides, transparencies, movies, videotapes and audiotapes, MUST make such exhibit available to opposing counsel for review prior to commencement of the session of court at which the exhibit will be used. Proceedings will not be delayed to permit such a review if the review has not occurred by the time court is scheduled to begin.

Applies to

Written specification of deposition reading

Service

Other to opposing party

Counsel must deliver opposing counsel a written specification of the deposition pages and lines proposed to be read for any purpose other than impeachment.

If counsel anticipates reading from the deposition transcript for any purpose other than impeachment, counsel must deliver to opposing counsel a written specification of the pages and lines proposed to be read.

Service

Other to opposing party

Counsel who requests a court reporter transcript must contemporaneously notify opposing counsel of the request and the precise portions to be transcribed.

If counsel requests any court reporter to prepare a transcript of any portion of the proceedings, counsel MUST contemporaneously advise opposing counsel of the request and of the precise portions that will be transcribed.

Applies to

Exhibits

Service

Other to opposing party

Parties must exchange exhibits at the Pre-Trial Meet and Confer, excluding documents for bona fide impeachment.

Parties must exchange exhibits excluding documents for bona fide impeachment at the Pre-Trial Meet and Confer.

Applies to

Negotiable instruments

Service

Other to clerk

Counsel must submit original negotiable instruments to the Courtroom Clerk for cancellation under Rule 3.1806 unless otherwise ordered by the Court.

Counsel must submit to the Courtroom Clerk original negotiable instruments for cancellation pursuant to Rule 3.1806, unless otherwise ordered by the Court.

Applies to

RA-015 blank opposition to remote proceeding

Service

Other to all parties

A party requesting a remote appearance must serve all parties with a blank RA-015 [Opposition to Remote Proceeding].

You must also serve all parties with a blank RA-015 [Opposition to Remote Proceeding].

Service

Other to other

For children aged 10 or older, the child's attorney must inform the child of the settlement conference and trial dates and the right to attend both proceedings.

In cases where the child is ten years or older, the child's attorney must inform the child of the dates of the judicially supervised settlement conference and long-cause trial, as well as the right to attend both proceedings.

Service

Other to other

The child's attorney must inform the Court and all parties at the settlement conference whether the child will be called as a witness, after interviewing the child and assessing all relevant circumstances.

The attorney for the child must inform the Court and all parties at the Judicially Supervised Settlement Conference whether the child will be called as a witness. The child's attorney shall make this determination following an interview of the child and assessment of all relevant circumstances.

Applies to

Exhibits

Service

Other to all parties

Parties must exchange trial exhibits and inspect photos and diagrams, which are submitted on the date of trial, excluding exhibits intended for impeachment or rebuttal.

Exchange exhibits and inspect photos and diagrams (to be submitted on the date of trial), excluding those contemplated to be used for impeachment or rebuttal.

Applies to

Motion in limine

Service

Other to all parties

Parties must exchange all motions in limine.

Exchange all motions in limine.

Applies to

Jury instructions

Service

Other to all parties

Parties must exchange the jury instructions that remain disputed between them.

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