Alpine County trial binder and trial document requirements

In the case of all jury trials, within approximately two (2) weeks preceding the trial date there will be a Pretrial Management Conference which will include preliminary consideration of motions in limine.

Printed p. 19. Token approx_-14_days because the rule says "approximately," so the date is court set and cannot be computed from the trial date. Get it off the trial setting order or from the clerk. Rule 5.10 is headed "JURY TRIAL: PRETRIAL MANAGEMENT CONFERENCE; MOTIONS IN LIMINE" and by its opening words reaches jury trials only. Chapter 5 is the Civil Case Rules chapter; Rule 5.1 scopes it to all general civil cases except those under Cal. Rules of Court, rule 3.712(b), (c) and (d). The criminal analogue is Rule 6.3.11, a different rule with a longer content list.

The conference shall be attended by attorneys serving as chief trial counsel, who shall be thoroughly familiar with and prepared to discuss all aspects of the case, and whose appearance on behalf of associated counsel shall be binding on all.

Printed p. 20. Whether the appearance may be remote runs through Rule 1.7.1, which permits remote appearance at non-evidentiary conferences on a Notice of Remote Appearance, Judicial Council form RA-010, filed at least three court days before the hearing with notice to other parties at least two court days before. The Civil Division page says civil matters are heard by Zoom unless the court orders otherwise, so confirm the format for this conference with the clerk.

Except in short cause matters, approximately thirty (30) days before trial a mandatory settlement conference will be held.

Printed p. 18. Token approx_-30_days tracks the rule's own "approximately," so the date is court set. Unlike Rule 5.10, this rule is not limited to jury trials, so it reaches a civil bench trial too. Short cause matters are those defined at Cal. Rules of Court, rule 3.735, which Rule 5.6.5 requires a party to flag to the court immediately.

A Settlement Conference Statement shall be filed pursuant to CRC Rule 3.1380 and shall advise the court of all offers and counteroffers previously exchanged (pursuant to CCP section 998 or otherwise).

Printed p. 18. Offset is see_rule because the local rule states no filing deadline of its own and points to rule 3.1380 for timing. I did not read rule 3.1380 in this pass, so the number is left open rather than supplied from memory. The offers and counteroffers disclosure is a genuine local add-on on the face of this rule; whether it duplicates anything in the state rule's content list was not checked.

Any party may submit a Confidential Addendum to the statement which will not be lodged in the file as a public document but will be kept under seal for use only by the settlement conference judge and not subject to inspection except upon order of the court.

Printed p. 18. Permissive. The rule gives the addendum no separate deadline, so submit it with the statement. This is the route for candid valuation and authority discussion that should not sit in a public file. Amended effective 1/1/2008.

Each party appearing in the action must personally appear at the Settlement Conference, or, upon application and order of the court, be immediately available and subject to reach at all times until the conference is concluded or the party excused by the judge presiding. Corporate and public entity parties shall be represented by a responsible employee who is authorized to make decisions without limit, subject only to approval of a governing board which has ultimate authority to make such decisions, and representatives of insurance companies providing coverage to parties shall have settlement authority to the limits of the coverage.

Printed p. 18. Two demands worth marking in a construction defect case. An HOA or developer entity must send someone whose authority is not capped, and a carrier representative must hold authority to the policy limits, not to a pre-set negotiating figure. Being on call instead of present takes an application and an order, not a call to the clerk.

At least ten (10) days before the conference there shall be filed a Pretrial Management Conference Statement which includes the following:

Printed p. 19. The rule says "there shall be filed," so filed with the court, not lodged or served alone. There is no local form; the court's Local Forms page lists eight forms, all criminal, traffic or records. Watch Rule 5.11.1 if the statement runs eight or more pages with attachments.

Witness list, including estimated length of each witness's appearance and the anticipated order of witnesses.

Printed p. 19. Re-lettered effective 1/1/2011, formerly Rule 5.10.1(2). The rule does not separate expert from percipient witnesses and imposes no local expert designation duty.

Exhibit list with proposed numbering.

Printed p. 19. The contrast with the criminal side is real and I read both rules: criminal Rule 6.3.11 requires "a list and copy of all evidentiary exhibits" at the criminal Trial Readiness and Management Conference, while this civil subdivision requires the list alone. Re-lettered effective 1/1/2011, formerly Rule 5.10.1(3). Copies go to the court only under Rule 1.7.2(C) in a remote non-jury proceeding, see the separate row.

The parties shall electronically submit a list of any documents and photos they seek to admit into evidence, as well as copies of the items themselves. The evidence list and all documents and photos must be mailed and received by the court at least five (5) court days before the scheduled hearing, unless a shorter period is authorized by the court.

Printed p. 7. Scope first: Rule 1.7.2 covers civil evidentiary hearings and non-jury trials conducted through remote technology, including unlawful detainer and small claims. It does not reach a civil jury trial. This is the only place in the entire rule set where copies of exhibits go to the court before the proceeding, and the deadline is received by, not mailed by, which in a mail-only court means building in transit time. The rule's own text says both "electronically submit" and "must be mailed and received," so do both and confirm with the clerk. Related deadlines in the same rule: a party requesting remote appearance at an evidentiary hearing or trial files form RA-010 at least fifteen court days before the hearing or trial date unless the court shortens it, with notice to other parties at least ten court days before; opposition on form RA-015 is due at least five court days before the proceeding where at least fifteen days' notice was given, and by noon the court day before where less.

Proposed jury instructions and verdict forms. Counsel will be expected to have discussed both and shall identify the instructions to which there is agreement and those which are disputed.

Printed p. 19. This is the only conferral duty the civil trial rules impose, and it covers instructions and verdict forms together. The rule does not require CACI form, duplicate sets, or a separate unannotated set. Amended and re-lettered effective 1/1/2011, formerly Rule 5.10.1(6).

In each case where special verdicts or findings of the jury will be required, the party or parties who have so requested shall present the form of any special verdicts or interrogatories which will be required for the resolution of the matter by the jury, and all other parties may present proposed alternatives thereto.

Printed pp. 19 to 20. The drafting burden sits on the requesting party. Opposing parties have a right to file competing forms and no duty to. A repealed Rule 5.10.4 once covered the proposed form of advisory verdicts, special interrogatories, findings and verdicts separately; the printed rule says it was repealed effective 1/1/2011, and the subject now lives in subdivision (F).

Proposed statement of the case to be read to the jury; joint statements are encouraged.

Printed p. 19. Subdivision (A) was re-lettered effective 1/1/2011, formerly Rule 5.10.1(1) effective 1/1/2007, per the history line printed with the subdivision. A party statement satisfies the rule.

Succinct statement of the submitting party's factual and legal contentions, and points and authorities on anticipated evidentiary and/or substantive issues.

Printed p. 19. Read with Rule 5.10.2, which lets the statement serve as the trial brief, so a party that builds subdivision (D) properly files no separate brief unless the court orders one. The rule says "succinct" and sets no page limit. Re-lettered effective 1/1/2011, formerly Rule 5.10.1(4).

The Pretrial Management Conference Statement may serve as a trial brief, unless the court orders otherwise.

Printed p. 20. "Unless the court orders otherwise" is the one express opening in the civil chapter for the assigned judge to demand a stand-alone brief. The court publishes no department or judge standing orders, so watch the trial setting minute order or ask the clerk. Rule 5.11's heading names trial briefs, which shows the court expects one to be filed when it exists.

Motions in limine and responses shall be filed, respectively, at least twenty (20) days and ten (10) days before the conference.

Printed p. 19. The rule says "days" with no qualifier. Reading that as calendar days is an inference, supported by the contrast with Rule 5.8, which says "ten (10) court days" when it means court days, but the local rule does not say so and CCP 12 and 12a supply the counting. Treat 20 calendar days as the working assumption and confirm with the clerk if the count lands tight. Anchor trc_date means the Pretrial Management Conference under Rule 5.10.1. The rule sets no page limit and imposes no meet and confer duty.

Motions in limine and responses shall be filed, respectively, at least twenty (20) days and ten (10) days before the conference.

Printed p. 19. Same calendar-day reading as the moving papers row. The rule provides for no reply.

Stipulations to which the parties have agreed in the precise form proposed for reading into the record.

Printed p. 19. Amended and re-lettered effective 1/1/2011, formerly Rule 5.10.1(5).

Any other matter thought to be helpful the orderly progress of the trial, or, alternatively, thought to be a potential impediment to the orderly progress of the trial.

Printed p. 20. Quoted as printed. The published rule omits the word "to" after "helpful," and that is the court's typographical error, not a transcription error. Re-lettered effective 1/1/2011, formerly Rule 5.10.1(7).

Initial jury fees shall be deposited with the Clerk no later than the Pretrial Management Conference, and subsequent day's fees paid at the outset of the second and successive days of jury trial in a sum sufficient to satisfy that day's fees and mileage. The failure to meet this obligation shall be construed as a waiver of jury, and upon such waiver the other parties shall have five (5) days to maintain the jury by assuming the continuing financial obligation.

Printed p. 20. The sharpest local consequence in the civil chapter. "Shall be construed as a waiver" reads as automatic, not discretionary, though the local rule sits alongside CCP 631 and a court retains relief power under CCP 631(g). Daily fees are due at the outset of day two and each day after, not in arrears. Amended effective 1/1/2011.

Any pleading consisting of eight (8) or more pages, inclusive of attachments, when filed shall be accompanied by an additional copy conspicuously marked "Working Copy".

Printed p. 20. The rule's word is "pleading," not "filing," which is narrower than it first reads. What ties it to the trial document package is the heading of Rule 5.11, "WORKING COPIES OF MOTION PLEADINGS; PRETRIAL MANAGEMENT CONFERENCE STATEMENTS; TRIAL BRIEFS," so the court plainly means the rule to reach a Pretrial Management Conference Statement even though the operative sentence says pleading. A trial document package will almost always cross eight pages, so plan on the marked copy. This is the closest thing Alpine has to a chambers copy rule, and it is one loose copy, not a tabbed binder. Amended effective 1/1/2010.

At any time a visiting judge is appointed to hear an Alpine County Superior Court matter; the parties shall file all original pleadings with the Alpine County Superior Court, and forward a courtesy working copy to the visiting judge at his home court or office.

Printed p. 20. A real possibility on a contested civil trial in a court this size. The rule does not say who tells the parties where to send the copy, so get the address from the clerk as soon as an assignment is made. Effective 1/1/2011.

Court trials may be set upon the filing by any party of a Request for Trial Setting, to which other parties may respond within ten (10) court days, or at a Case Management Conference. Any such Request/Response shall estimate the number of days the matter reasonably is expected to take until the matter is submitted for decision. The Request shall indicate whether a jury or court trial is sought and shall include a statement that the proposed date has been confirmed by the Clerk to be available. All civil court trials will be specially set.

Printed p. 18. Offset is see_rule because the ten court day clock runs forward from the filing of the Request, not backward from an event. Verbatim extended from the draft to include the special-setting sentence, which the draft asserted but had not quoted. The date confirmation requirement means calling the clerk before filing, not after. There is no local form for the Request. Amended effective 1/1/2011.

All civil jury trials are subject to special setting so as not to conflict with quarterly criminal jury trials.

Printed pp. 11 to 12, the sentence straddles the page break. Chapter 3, Operational Rules, applies across divisions. The quarterly two-week schedule the civil setting works around is criminal by the rule's own words: "All criminal jury trials will be regularly scheduled for a two-week period each quarter of the year, the schedule of which for the following year will be available in the clerk's office on or about each October 1." The court's Court Calendar Schedule page states the same two-week quarterly pattern without the criminal limiter and lists the 2026 jury weeks. The same rule adds that "Jurors in the Bear Valley area are exempt from jury service when Highway 4 is closed," which is a live winter trial planning problem here. Amended 7/1/2024.

The parties must arrange for reporting services in all civil matters and are responsible for payment of court reporter attendance fees. Any party requesting a transcript in any civil proceeding shall order and pay for such transcript directly with the court reporter.

Printed p. 12. Book a reporter early in a county this remote. The rule lists where the court does supply one and civil trials are not among them: statutorily required matters, and under Cal. Rules of Court, rule 2.956, official reporters are normally available for felony and misdemeanor criminal and juvenile proceedings, and for Domestic Violence Prevention Act, gun violence and civil harassment restraining orders. Electronic recording is the official reporting service for infractions and, on court order, for misdemeanor and limited civil proceedings. Amended 7/1/2024.

Failure to comply with any of these rules may result in the imposition of sanctions pursuant to CRC Rule 2.30, Code of Civil Procedure (hereinafter "CCP") sections 177.5 and/or 575.2.

Printed p. 4. The general noncompliance rule, reaching the whole rule set including Chapter 5. It is permissive. No rule in the civil chapter automatically excludes a witness or an exhibit left off the Pretrial Management Conference Statement, so exclusion would come through a motion in limine or the court's inherent power rather than a published local consequence. Amended effective 1/1/2011.