Butte County trial document templates

Case Management Statement

Prepared by each party. Filed and served, no later than fifteen calendar days before the Case Management Conference. Applies to all civil cases, each appearing party. Butte County Super. Ct. Local Rules, rule 3.9(A)(3)(b)

The county rule requires this document and does not say what goes in it. That is the rule’s silence, not a gap here. Your department’s order is where the contents will be.

Memorandum to Set Case for Trial (form GR.010)

Prepared by not stated. Filed, when the case is ready for trial (at issue). Applies to civil harassment, extraordinary writ and asset forfeiture cases under Health and Safety Code 11470; permissively available in unlawful detainer under $25,000 and in other cases. Butte County Super. Ct. Local Rules, rule 1.9(A), (A)(1) and (B)

The county rule requires this document and does not say what goes in it. That is the rule’s silence, not a gap here. Your department’s order is where the contents will be.

Settlement Conference Statement

Prepared by each party. Filed and served, not less than five court days before the scheduled settlement conference. Applies to any case set for a mandatory settlement conference. Butte County Super. Ct. Local Rules, rule 3.10(C)(1) and (3)

1. Written statement of the case for the settlement judge
   • A description of the case
   • All relevant legal issues
   • All factual issues
   • The parties' contentions
   • Detail sufficient to enable the settlement conference judge to evaluate the case

Trial Readiness Conference Statement (form GR.020)

Prepared by each party. Filed and served, at least five full court days before the Trial Readiness Conference. Applies to all civil trials set for a Trial Readiness Conference; section 3 (Exhibits Q through T) applies to jury trials. Butte County Super. Ct. Local Rules, rule 1.9(D)

1. Section 1: Case information, trial time estimate and jury demand
   • Time for all remaining pretrial motions
   • Time for jury selection, if applicable
   • Testimony of all witnesses for all parties
   • Opening statements
   • Final arguments
   • Jury instructions, if applicable
   • An estimate computed at five to six hours of trial per day, excluding jury deliberations
   • Whether a jury was demanded, and by which party
   • Whether advance jury fees were paid, and the date paid
2. Exhibit C: Causes of Action and Defenses
   • A summary of each party's causes of action
   • A summary of each party's affirmative defenses
   • Both stated as they will stand assuming the dismissals and amendments in Exhibits A and B are approved
3. Exhibits D, E and F: Issues of Law, Factual Stipulations and Issues of Fact
   • Each issue of law (Exhibit D)
   • Each fact some or all parties have stipulated is true, with the stipulating parties identified (Exhibit E)
   • Each stipulation set forth in a form suitable to be read to the jury
   • Each issue of fact (Exhibit F)
4. Exhibit G: Settlement
   • Whether a mandatory settlement conference has been held, and before whom
   • A statement of the party's position on whether the case can settle
5. Exhibit H: Discovery
   • Every excerpt from depositions, responses to interrogatories, responses to requests for admissions and other discovery responses each party expects to offer for any purpose other than impeachment
   • The date and the document for each excerpt
   • The page and line of each excerpt
   • The party offering the excerpt
   • The other parties' stipulation or objection
6. Exhibit I: Exhibits
   • A list and brief description of all exhibits each party intends to offer, except exhibits to be used solely for impeachment
   • The party offering each exhibit
   • Whether the opposing parties stipulate to foundation and admissibility
   • If an opposing party objects, the grounds for the objection
7. Exhibit J: Witnesses
   • The names of all witnesses each party intends to call, except witnesses to be used solely for impeachment
   • The party calling the witness
   • The city in which the witness resides, or for an expert the city in which the expert's office is located
   • Whether the witness has been deposed
   • A summary of the expected testimony
   • A time estimate for direct examination and for cross examination
   • The field of expertise of each expert witness
8. Exhibits K, L and M: Glossary, Judicial Notice and Evidentiary Issues and Stipulations
   • A glossary of the technical terms the experts will use (Exhibit K)
   • The items for which judicial notice will be requested (Exhibit L)
   • A summary of each unusual evidentiary issue not covered by another exhibit or by an in limine motion listed in Exhibit N, stating each side's contentions (Exhibit M)
9. Exhibit N: Motions
   • All motions remaining to be heard before trial
   • All in limine motions anticipated for the entire trial
   • For each in limine motion, the exclusion or admissibility of evidence or the legal issue that would require the jurors to be excused
10. Exhibit O: Trial Briefs
    • No content is required; a trial brief may set forth any information that will assist the judge
11. Exhibit P: Calendar Conflicts
    • The attorney, party or witness who will ask to be excused from trial
    • The dates affected
    • The reason for the calendar conflict
    • Any other anticipated scheduling problem
12. Exhibit Q: Voir Dire Questions
    • The voir dire questions each party requests the judge to ask the jurors
    • Any proposed written questionnaire for the judge to submit to the jurors, attached
    • Any party objecting to a proposed question, and the grounds for the objection
13. Exhibit R: Case Statement
    • A proposed case statement for the judge to read to the jurors at the beginning of trial
    • The identity of the parties
    • A general statement of what each side claims, as a brief overview
14. Exhibit S: Proposed Jury Instructions
    • The CACI instructions each party requests, listed in numerical order first
    • The special instructions, each with a brief description
    • A copy of each special instruction
    • Any objections to another party's proposed instructions
15. Exhibit T: Verdict Form
    • The verdict form election, made by checking one of the five boxes on the face of GR.020
    • Any proposed special verdict form, appended as Exhibit T

Motions in Limine

Prepared by each party. Filed, five court days before the Trial Readiness Conference. Applies to any anticipated civil trial. Butte County Super. Ct. Local Rules, rule 1.2(A) [FILING OF MOTIONS IN LIMINE]

The county rule requires this document and does not say what goes in it. That is the rule’s silence, not a gap here. Your department’s order is where the contents will be.

Procedural Stipulations for Jury Trial (form GR.040)

Prepared jointly. Not stated, not stated. Applies to jury trials, encouraged but optional. Butte County Super. Ct. Local Rules, rule 1.9(E); Local Form GR.040 (Optional, A.D. 1-1-18)

The county rule requires this document and does not say what goes in it. That is the rule’s silence, not a gap here. Your department’s order is where the contents will be.

Trial Memorandum

Prepared by each party. Filed, no later than noon on the Monday immediately preceding the trial. Applies to court trials estimated to take more than two hours for presentation by all sides. Butte County Super. Ct. Local Rules, rule 1.9(C)

1. Statement of position and supporting authority
   • The filing party's position on the matters to be tried
   • Citations to all legal authority that party intends to rely on

List of Exhibits (court trial)

Prepared by each party. Filed, no later than noon on the Monday immediately preceding the trial. Applies to court trials estimated to take more than two hours for presentation by all sides. Butte County Super. Ct. Local Rules, rule 1.9(C)

The county rule requires this document and does not say what goes in it. That is the rule’s silence, not a gap here. Your department’s order is where the contents will be.

List of Witnesses (court trial)

Prepared by each party. Filed, no later than noon on the Monday immediately preceding the trial. Applies to court trials estimated to take more than two hours for presentation by all sides. Butte County Super. Ct. Local Rules, rule 1.9(C)

The county rule requires this document and does not say what goes in it. That is the rule’s silence, not a gap here. Your department’s order is where the contents will be.

Request/Notification for Courtroom Audio/Visual Presentation Equipment (form GR.030)

Prepared by each party. Delivered to the clerk, no later than five court days before the day the equipment will be used. Applies to any proceeding where a party will use the court's audio and visual presentation equipment or bring its own. Butte County Super. Ct. Local Rules, rule 1.11(A)(1) and (2)

The county rule requires this document and does not say what goes in it. That is the rule’s silence, not a gap here. Your department’s order is where the contents will be.

Request for Judicial Notice

Prepared by not stated. Filed, at least seven court days before the hearing when judicial notice is requested of a Butte County court file; otherwise with the motion or matter it supports. Applies to any motion or hearing at which judicial notice is requested. Butte County Super. Ct. Local Rules, rule 2.3(A); see rule 2.1(A)

1. Separately captioned request with the noticed items attached
   • Its own caption, as a separate document rather than a part of the motion it supports
   • A list of the specific items of which judicial notice is requested
   • Copies of those items attached to the request as exhibits
   • The attached exhibits indexed and paginated