San Luis Obispo County trial document templates

Motions in Limine

Prepared by each party. Filed and served, in a civil jury trial, filed and served not later than five court days before the first calendar call of the case, and listed again in the Rule 27.02(a) package due 5 court days before the date scheduled for trial; the departments set earlier dates, Department P2 fifteen calendar days before the Readiness Conference and Department 2 one week before it. Applies to civil jury trials under Rule 27.03; the Rule 27.02(a) listing reaches all civil trials. SLO Local Rule 27.03(a)

1. Contents of the motion
   • Counsel's best estimate of the time that will be required to properly hear and dispose of the motion(s)
   • The general subject(s) of the motion(s) together with points and/or authorities
2. Caption and numbering (Department P2)
   • A caption that concisely identifies the evidence sought to be admitted or excluded
   • Consecutive numbering where a party files more than one motion
3. Meet and confer before filing (Departments 2 and 4)
   • Conference with opposing counsel before filing, with the objective of reaching agreement on as many motions or issues as possible
   • In Department 4, the parties remain responsible for any violations of in limine rulings

Joint Trial Binder and Readiness Documents (Department P2)

Prepared jointly. Brought to the conference, meet and confer at least two weeks before the Readiness Conference, file and serve the readiness documents at least five calendar days before it, and provide the binder to the court at or before the Readiness Conference, which usually sits about two weeks before trial. Applies to civil trials in Department P2 (Paso Robles); the statement of the case, jury instruction and verdict form tabs apply to jury trials. Department P2 Standing Case Management Order, section V.D

1. Tab A, trial briefs
   • The claims and defenses subject to litigation
   • The major legal issues, with supporting points and authorities
   • The relief claimed and the calculation of damages
   • Anything else useful to the court
2. Tab B, joint statement of the case
   • A joint written statement of the case for the court to read to the jury or to be incorporated into a prospective juror questionnaire
   • The signature of counsel and of any self-represented litigant
3. Joint proposed juror questionnaire
   • Basic background information
   • Case specific or issue specific questions
4. Tab C, joint witness list
   • Every witness each party intends to call, excluding impeachment and rebuttal witnesses
   • Each witness identified by name
   • Which witnesses are experts
   • An estimate of direct, cross and redirect time for each witness
   • Total hours per witness and for all testimony
   • Every scheduling issue affecting a witness
   • The signature of counsel and of any self-represented litigant
5. Tab D, joint list of proposed jury instructions
   • A list of proposed jury instructions organized in numerical order
   • The instructions upon which all sides agree
   • The contested instructions, if any
   • A space beside each instruction for the court to record whether it was given
   • The signature of counsel and of any self-represented litigant
6. Tab E, joint and contested jury instructions in full text
   • A complete set of full-text proposed jury instructions, joint and contested
   • Special instructions in a format ready for submission to the jury, carrying the instruction number, title and text only
7. Tab F, joint proposed verdict form
   • A joint proposed general verdict form or special verdict form (with interrogatories)
   • If the parties cannot agree, each party's separately filed proposed verdict form
8. Joint exhibit list
   • The exhibit
   • Which party is offering the exhibit
   • Whether there is a stipulation to authenticity and/or admissibility of the exhibit
   • The date on which the exhibit was identified
   • The date on which the exhibit was admitted
   • The signature of the filing parties
9. Joint deposition and former testimony designation chart
   • The page and line designations requested
   • Objections
   • Counter designations
   • Responses
   • The court's rulings
10. Tab I, stipulations
    • Stipulations regarding facts and issues reached in the meet and confer before the Readiness Conference

Joint Readiness Documents Emailed to Department 2

Prepared jointly. Delivered to the clerk, meet and confer at least two weeks before the readiness conference, then email the documents to the clerk no less than one week before the readiness conference, which is typically two weeks before trial. Applies to civil trials in Department 2 (San Luis Obispo); the jury instruction and verdict form items apply to jury trials. Department 2 Standing Case Management Order, section VI.A and VI.A.1

1. One joint set of proposed jury instructions in Word format
   • One joint set of proposed jury instructions in Word format
   • Instructions complete in all respects, with no unfilled blanks or bracketed portions
   • Disagreement as to particular instructions highlighted by color coding or another method
2. One set of proposed verdict forms in Word format
   • One set of proposed verdict forms in Word format
   • Disagreement as to wording or other matters highlighted by color coding or another method
3. Joint witness list
   • The expected time for examination or cross-examination of each witness by each party

Joint Neutral Statement of the Case (Department 2)

Prepared jointly. Brought to the conference, prepared for the trial readiness conference, which Department 2 typically sets two weeks before trial; section VI.D.4 fixes no filing or delivery date of its own and does not put this document in the VI.A.1 package emailed to the clerk. Applies to jury trials in Department 2 (San Luis Obispo). Department 2 Standing Case Management Order, section VI.D.4

1. Joint neutral statement of the case
   • A joint, neutral statement of the case to be read to the prospective jury panel
2. Joint witness list inside the juror questionnaire
   • A joint witness list, included in the juror questionnaires where questionnaires will be used

Trial Brief (Department 2)

Prepared by each party. Filed, no less than one week prior to the readiness conference. Applies to civil trials in Department 2 (San Luis Obispo). Department 2 Standing Case Management Order, section VI.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.

Joint Readiness Documents Emailed to Department 4

Prepared jointly. Delivered to the clerk, meet and confer at least two weeks before the readiness conference, then email the documents to Department4@slo.courts.ca.gov no later than one week before the readiness conference. Applies to civil trials in Department 4 (San Luis Obispo); the jury instruction and verdict form items apply to jury trials. Department 4 Standing Case Management Order, section V.A and V.A.1

1. One joint set of proposed jury instructions in Word format
   • One joint set of proposed jury instructions in Word format
   • The headings, subheadings and organizational format of the Jury Instruction Template posted on the D4 website
   • Disagreements identified by using different fonts and by noting which party offers the instruction
2. One joint proposed verdict form in Word format
   • One joint proposed verdict form in Word format
   • The correct caption
   • The organizational format of the Jury Verdict Template posted on the D4 website
   • Disagreements as to wording or other matters distinguished by using different fonts and by noting the offering party
3. Time estimates for each witness in Word format
   • The expected time for direct examination of each witness
   • The expected time for cross examination of each witness
   • The Time Estimate Template posted on the D4 website

Trial Documents Required by Local Rule 27.02(a)

Prepared by not stated. Filed, 5 court days before the date scheduled for trial. Applies to all civil trials in the county. SLO Local Rule 27.02(a)

1. The documents and things Rule 27.02(a) lists, filed together
   • A brief statement of the case and the issues to be determined by trial
   • The estimated time required for the trial
   • Stipulated facts or admissions of the parties
   • Any special voir dire questions or requests
   • A witness list
   • Motions in limine
   • A seventh item that the rule lists after motions in limine, which the available rule text truncates at its opening words; read the current text of Rule 27.02(a) and file that item with the rest

Requested Jury Instructions (County Rule 27.01)

Prepared by each party. Filed and served, counsel are encouraged, not required, to file requested jury instructions and verdict forms at least two court days before the date scheduled for trial; the meet and confer that sorts the instructions happens not later than one day after the jury is selected. Rule 27.01 prescribes the form and content of the instructions document only. It says nothing about the content of a verdict form, so there is no county verdict form document to build here. Applies to all jury trials in the county. SLO Local Rule 27.01(d)

1. Meet and confer and the two groups of instructions
   • Instructions all parties agree can be given as drafted
   • Instructions in dispute, on which counsel want a ruling before submission to the jury
2. Clean copies for the jury room
   • Clean copies of the instructions to be given by the court, for delivery to the jury in the jury room
   • No indication of which party submitted the proposed instruction
   • No reproduction of the source of the text
   • No citation of authority
   • No judge's signature
3. Blanks in pattern instructions
   • Every blank in a pattern instruction completed as the purpose of the instruction requires
4. Special instructions drafted by counsel
   • Consecutive numbering
   • The party on whose behalf the instruction is requested
   • The authorities relied upon to support giving it
5. Form of the document
   • The title of the court
   • The title and number of the action
   • The title of the document, namely, Instructions requested by ______
   • The requested CACI and CALCRIM instructions listed by number
   • The printed instructions attached to the original, completed where the instruction calls for it
   • Service of a copy on every other counsel

Exhibits, Exhibit Lists and Deposition Originals

Prepared by each party. Delivered to the clerk, in Department 2, pre-marked and exchanged no later than the morning of trial and earlier if feasible, with the clerk's items submitted on the first day of trial; in Department P2, pre-marked and exchanged at least five days before the Readiness Conference and lodged on the first day of trial; in Department 4, the specific arrangements are set at the trial readiness conference. The original depositions go to the clerk at the beginning of trial in all three departments. Applies to all civil trials; each department states its own version, so use the one for the department the case is assigned to. Department 2 Standing Case Management Order, sections VI.D.3 and VII.A.2 through VII.A.3; Department P2 Standing Case Management Order, sections V.E.2 and VI.C; Department 4 Standing Case Management Order, sections V.B.3 and VII.A.1

1. Items submitted to the clerk on the first day of trial (Department 2)
   • Three copies of each party's exhibit list, with a brief description of each exhibit
   • The original exhibits with the exhibit labels attached to the front of the exhibit, showing case name, case number and exhibit number
   • One reproducible bench copy of each exhibit for the court
2. Pre-marking, exchange and exhibit binders (Department P2)
   • Exhibits a party reasonably anticipates using in its case-in-chief, pre-marked and exchanged at least five days before the Readiness Conference
   • Those exhibits lodged with the court on the first day of trial
   • At least three sets of exhibit binders, tabbed and paginated, one each for the court, the clerk and the witness
   • One exhibit binder supplied to each opposing party
3. Exhibit numbering, marking, exchange and copying (Department 4), set at the readiness conference
   • Whatever specific arrangements for numbering, marking, exchanging and copying exhibits the court sets at the trial readiness conference, which is where section V.B.3 leaves them
4. Original depositions lodged with the clerk
   • The originals of all depositions to be used at trial, lodged with the clerk at the beginning of trial