El Dorado County trial binder and trial document requirements

The Issues Conference will normally be set approximately two weeks before the trial date. Attendance by the attorney who will actually try the case is mandatory.

PDF page 52. Verified in the January 1, 2026 consolidated rules. The words are "normally" and "approximately," so this is a practice statement, not arithmetic. The court sets the date at the case management conference under rule 7.12.10(D)(2). Rule 7.12.01(A) applies chapter 7.12 to all general civil cases; rule 7.12.01(B) excludes probate, guardianship, conservatorship, family law, juvenile, small claims appeals, unlawful detainers, coordinated cases, collection cases under CRC 3.740(a), and "other civil petitions," a category the rule expressly defines to include petitions for writs of prohibition or mandate.

Prior to the Issues Conference, the parties shall meet and confer and prepare the following jointly, which shall be submitted at least three court days before the Issues Conference: (1) An Issues Conference Statement setting forth the legal and factual issues to be presented in the case, the proposed sequence of trial, any appropriate memoranda of points and authorities, and whether the parties anticipate any hearings pursuant to Evidence Code section 402;

PDF page 52. This is the closest thing the El Dorado civil rules have to a trial brief, and it is a joint document, not a party brief. The rule says "submitted," never filed or lodged, and does not say to whom. Confirm the mechanics with the assigned department when the conference is set.

SETTLEMENT CONFERENCE. Approximately one to two months prior to the trial date, a Mandatory Settlement Conference (MSC) shall be held in all cases.

PDF page 51. A one month wide window, so take the date off the order rather than computing it. Set at the case management conference under rule 7.12.10(D)(2). This MSC is a different event from the Dispute Resolution Conference that the ADR program sends most cases to earlier under rule 7.12.10(D)(3).

SETTLEMENT CONFERENCE STATEMENT. Each party shall lodge with the Court no later than five court days before the conference and serve on the other parties a written statement that conforms to Rule 3, et seq., of the California Rules of Court, and in addition sets forth the following: (1) A statement of the facts; (2) The contentions of each party to the action regarding liability and damages; (3) An itemized list of special damages; (4) Each party shall attach to the statement copies of relevant documents, which may assist the court in settlement including photographs, diagrams, reports, bills, and contracts.

PDF page 51. Lodged, not filed. "Rule 3, et seq." is the rule's own shorthand for title 3 of the California Rules of Court, which for a settlement conference statement is CRC 3.1380. Per party, not joint, the opposite of the Issues Conference documents.

In any case in which a personal injury is claimed: (1) A description of the nature and extent of any injury claimed, including residuals; (2) A description of the basis for and method of calculation of any claimed wage loss; (3) The most recent demand and offer or a description of any other proposed settlement between or among the parties.

PDF page 51. These three items sit inside subdivision (C) as a second numbered list following the four general items, so the same five court day deadline governs.

PERSONS ATTENDING AND AUTHORITY. Trial counsel, the parties, and all persons whose consent is necessary for a settlement must attend the MSC in person, unless otherwise ordered by the Court. All persons required to attend must have full authority to settle the case.

PDF page 51. In person is the default. Putting an insurance representative on the phone instead takes a court order. Rule 7.02.00 governs remote appearances generally, but 7.12.11(B) is the specific rule for the MSC.

GOOD FAITH PARTICIPATION AND SANCTIONS. Counsel, the parties, and all persons attending the MSC, shall participate fully and in good faith. The Court may impose sanctions on any person required to attend who fails to attend, or fails to participate fully and in good faith, or fails to file the required documents. In addition to such sanctions, the Court may vacate the trial date.

PDF page 51. Losing the trial date is the sharp end. It hangs on failure to file the required documents as well as on nonattendance, so a late or missing settlement conference statement is real exposure.

Pursuant to California Rules of Court, rule 2.956, the court does not provide court reporters for hearings in the following matters:

PDF pages 4 to 5. Only the lead in sentence is quoted because the printed list uses a bullet glyph that does not extract cleanly. The five bulleted matters are: all civil case management conferences, all civil settlement conferences, all civil ex parte application hearings, all hearings regarding unlawful detainers, name changes or small claims, and all infraction hearings. The list does not name the Issues Conference. The rule directs litigants to call the Placerville Session at (530) 621-5867 or the South Lake Tahoe Session at (530) 573-3075 to check whether a court connected reporter is available, and says the court does not facilitate the attendance of private certified reporters. A party with a valid fee waiver gets an official reporter at court expense under subdivision (E) unless the proceeding is electronically recorded.

A joint set of exhibits, tabbed and sequentially numbered, in three-ring binders, with a table of contents listing each exhibit by number. All exhibits the parties intend to present at its case-in-chief should be included. Depositions, requests for admission, and interrogatories shall not be included in the exhibit binder.

PDF page 52. Joint, not per party, and numbered sequentially across both sides rather than plaintiff letters and defendant numbers. The rule does not say how many copies, who delivers it, or whether the clerk and the witness stand get sets. Ask the department. Read with rule 7.08.00(G)(3), which keeps trial exhibits out of eFiling and requires paper.

TRIAL NOTEBOOK. Petitioners shall prepare a trial notebook in a three-ring binder that shall be filed with the Court no later than 15 days prior to the date of the hearing. The trial notebook shall contain the petition, the answer(s), the memoranda of points and authorities, any motions set to be heard at the trial of the action, the statement of issues, and any other document(s) agreed upon by the parties. Each document in the trial notebook shall be separately tabbed with a table of contents at the front of the notebook. The notebook shall also contain an index to evidence cited in the briefs by document title, record page number, the volume and tab number in the administrative record, and a copy of the specifically cited page(s) in the administrative record.

PDF page 59. This rule lives in the CEQA chapter, which by its terms covers actions in the nature of mandate challenging an agency decision under Public Resources Code section 21000 et seq. It is the only rule in the set that uses the words "trial notebook." Unlike rule 7.12.12(B)(2) it says "filed with the Court" and puts the burden on petitioners alone. Do not import it into an ordinary civil trial; 7.12.12(B)(2) governs there. This separation is structural, not stylistic: rule 7.12.01(B) excludes "other civil petitions" including petitions for writs of prohibition or mandate from the entire case management chapter, so the Issues Conference machinery does not reach a mandate case.

The following documents are excluded from eFiling and must be submitted in paper format: (1) Original will and codicil (2) Bonds/undertaking (3) Exhibits to be lodged for hearings or trials. (4) Subpoenaed documents (5) Copy requests (6) CARE Act Filings (7) Any document ordered by The Court to be submitted in paper format.

PDF pages 35 to 36. Full subdivision quoted; the list has seven items, not three. Revised January 1, 2026, so this is the newest civil rule in the set. eFiling is otherwise mandatory in civil for all represented parties under 7.08.00(A), filings are not accepted by email or fax under 7.08.00(C), and eFiled documents of 10 pages or more containing multiple exhibits or sections must be bookmarked by exhibit or section title under 7.08.00(F)(1). That bookmarking rule reaches in limine motions, which do get eFiled.

All exhibits must be individually tagged with the appropriate exhibit tag. Each exhibit tag must be properly completed and securely attached to the exhibit.

PDF page 44. The consequence is subdivision (E), quoted verbatim: "Any exhibit that is improperly tagged, marked, weighed, or otherwise improperly identified, will not be accepted by the Court." Subdivision (F) preserves discretion: "The Court, in its discretion, may admit any exhibit in the interests of justice." The rule does not say where the tags come from, so get them from the clerk before the Issues Conference.

Original photographs shall be substituted for any photographically enlarged exhibits.

PDF pages 45 to 46. The verbatim is subdivision (G) alone. Subdivision (H) is a separate subdivision and reads, verbatim: "The Court, in its discretion, may order a photograph substituted for large or bulky exhibits that pose a storage problem." Relevant to any case tried off enlarged site photographs or boards. Rule 7.11.02(D) separately requires toxic exhibits to be introduced as a photographic record plus a certified written chemical analysis absent good cause, which reaches destructive testing and material samples: "Exhibits toxic by their nature that pose a health hazard to humans shall be introduced to the Court in the form of a photographic record and a written chemical analysis certified by competent authority."

Parties who wish to retain their exhibits shall sign and file with the clerk a request for return of exhibits prior to the end of the hearing or trial of the matter.

PDF page 46. Put this on the trial checklist, because it has to be filed before trial ends. Rule 7.11.03(C), verbatim: "The Court, on its own motion, may order exhibits destroyed or otherwise disposed of, or may order that exhibits be returned to the attorney for the party introducing those exhibits, 60 days after the expiration of the time for filing a notice of appeal."

A joint exhibit list, stating the exhibit number, description of the exhibit, the proponent of the exhibit, and whether the parties are stipulating to its admissibility or merely waiving foundation or hearsay objections.

PDF page 52. The stipulation column is the part that takes real meet and confer time. Build it while assembling the joint binder, because the numbering has to match.

If set for a jury trial, a joint set of jury instructions, including all instructions proposed to be offered by either party, insofar as may be determined prior to taking evidence. Any instructions as to which there is no agreement shall be tabbed or otherwise indicated in an index to the instructions.

PDF page 52. Rule 7.12.12 splits in two. Subdivision (A) items are due three court days ahead. Subdivision (B) items are handed over at the conference: jury instructions, verdict forms, the joint exhibit binder and the joint exhibit list. Subdivision (B) opens with the same meet and confer and prepare jointly instruction, so the work has to be finished well before the conference date.

Proposed general and special verdict forms shall also be submitted at the Issues Conference.

PDF page 52. This sentence does not itself say the verdict forms must be joint, unlike the instruction set in the sentence before it, but it sits inside the subdivision (B) lead in directing the parties to prepare the listed items jointly.

If set for a jury trial, a Statement of the Case to be read to prospective jurors during jury selection. The statement should identify the factual issue(s) to be considered by the jury and should be stated in a neutral and concise manner;

PDF page 52. Jury cases only. Joint, under the meet and confer obligation in the lead in to 7.12.12(A).

MOTIONS IN LIMINE. Motions in limine shall be heard at the Issues Conference.

PDF page 52. Rule 7.12.10(D)(2) separately lets the court schedule motion in limine hearings at the case management conference, so a department can break them out. Rule 7.10.05(A) applies the tentative ruling system to "all matters set on the regularly scheduled law and motion calendars," which on its face does not reach an in limine motion heard at the Issues Conference. The rules do not say so expressly, so treat that as an open question, not a finding.

Unless otherwise ordered by the Court, all motions must be filed and served no later than three weeks prior to the Issues Conference; oppositions must be filed and served no later than two weeks prior to the Issues Conference; and replies, if any, must be filed and served no later than one week prior to the Issues Conference.

PDF page 53. Calendar days, because the rule says weeks. Oppositions are -14 days and replies -7 days from the same Issues Conference date. With the conference normally about two weeks before trial the filing date lands roughly five weeks before trial, but do not compute it that way. Compute it from the Issues Conference date the court set.

Motions in limine concerning such experts must be filed and served no later than 10 days prior to trial; oppositions shall be filed and served no later than 5 days prior to trial; and replies, if any, may be presented at the hearing on the motion. Service of motions in limine concerning expert witnesses and any opposition is to be made in a manner that will ensure same day service (e.g., personal service, electronic service).

PDF page 53. The trigger is the preceding sentence, quoted verbatim: "This briefing schedule shall not apply to motions concerning expert witnesses deposed on or before 15 days prior to the date initially set for trial, pursuant to Code of Civil Procedure section 2024.030." The subdivision closes with "At the Issues Conference, the Curt may specially set a hearing for motions concerning such experts," typo in the printed rule and reproduced here as printed.

Motions in limine must be separately stated and captioned as "Plaintiff's Motion in Limine No. ___" or "Defendant's Motion in Limine No. __." Each party's motions shall be numbered consecutively.

PDF page 53. Format requirement, not a deadline. The deadline is the (C)(2) row. One issue, one paper, one number.

Motions in limine to admit or exclude evidence must be supported with a declaration or other evidentiary predicate specifying with particularity the evidence sought to be excluded (Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659). A memorandum of points and authorities shall accompany each motion.

PDF page 53. Content requirement, not a deadline. The Kelly citation is printed inside the rule, so this is the court naming the standard it will apply to a vague in limine motion.

If particular testimony is to be excluded, a copy of the statement or the page(s) from the transcript of the proposed testimony must be attached to the motion, along with any necessary declaration.

PDF page 53. This is the only place the El Dorado civil rules deal with deposition transcript excerpts for trial, and it is limited to in limine practice. It is not a deposition designation procedure.

Motions in limine declarative of existing law (e.g., to exclude mention of liability insurance pursuant to Evidence Code section 1152) are unnecessary and should not be made.

PDF pages 52 to 53, quoted exactly as printed. The section number in the court's parenthetical looks wrong: liability insurance evidence is Evidence Code section 1155, and section 1152 covers offers to compromise. Quote the rule as printed and do not silently correct it. The instruction stands either way.

If either party is requesting a 402 hearing as part of a motion in limine, the request must be clearly identified in the caption of the motion; e.g., "Plaintiff's Motion in Limine No. __; Request for 402 Hearing." The Court retains its discretion whether to conduct a 402 hearing or decide the matter on the papers.

PDF page 53. Caption requirement, not a deadline. The joint Issues Conference Statement under 7.12.12(A)(1) separately has to state whether the parties anticipate any 402 hearings, so the request surfaces in two places.

A duplicate copy of the law and motion document, to which shall be attached a copy of all documents in the court's file to which reference has been made, shall be delivered to the clerk at the time of the filing for use by the judge who will hear the matter.

PDF page 19. Chapter 4 is a court wide filing chapter, not a civil only chapter; rule 4.00.02 opens "The rule applies to all papers filed in connection with any law and motion matter." Citation caution: the body of the PDF numbers this rule 4.00.02 and the table of contents numbers the same rule 4.00.03. All of chapter 4 runs one number apart between the table of contents and the body. I cite the body number because it is printed above the rule text; verify before putting it in a brief. Companion subdivision (A), verbatim: "Law and motion documents filed with the court shall not include attached copies of any documents to which reference has been made that are already in the court's file, but such documents shall be referred to by the title, date of the document, and date of filing, if known."

Each exhibit submitted in support of or in opposition to a motion or other application must be identified as an exhibit, attached to a declaration, and made a part thereof by reference. All exhibits submitted in support of or in opposition to a motion shall be separately tabbed and identified numerically by the parties. All references to an exhibit in the memorandum of points and authorities shall identify the exhibit referred to and state the page and line numbers of the exhibit to which reference is made.

PDF page 37. The verbatim is all of subdivision (E). The five exhibit index requirement is a separate subdivision, (F), which reads verbatim: "An index to exhibits shall be provided if there are five or more exhibits. Exhibits written in a foreign language shall be accompanied by an English translation, certified under oath by a qualified interpreter." Motion exhibits are numbered, and trial exhibits under 7.12.12(B)(2) are also numbered sequentially in the joint binder. The El Dorado civil rules do not letter exhibits anywhere. Rule 7.10.02(G) separately requires a copy of any California administrative regulation, administrative decision or Attorney General opinion relied on to be attached to the memorandum.

If set for a jury trial, proposed voir dire.

PDF page 52. That one sentence is the entire subdivision. It does not cap the number of questions, say whether the court will ask them, or say how a disagreement between the parties gets flagged. Contrast 7.12.12(B)(1), which does say to tab disputed jury instructions.

At least five (5) court days prior to the DRC, each party is to submit to the temporary judge and the other parties a dispute resolution conference statement which meets the requirements of California Rules of Court, rule 3.1380, and any special requirements set forth below. In addition to the requirements of California Rules of Court, rule 3.1380, each party's dispute resolution conference statement shall also contain a brief summary regarding the status of expert and non-expert discovery.

PDF pages 49 to 50. The anchor is the DRC date, which is not a date the court puts on a calendar. The plaintiff contacts the assigned temporary judge and arranges the time and place, so the five court days run back from that date. The DRC is an ADR event early in the case, not the pretrial MSC under 7.12.11, but it is a mandatory settlement conference by the rule's own terms and it produces a written statement on a deadline. The parties also exchange settlement relevant documents before the DRC and give copies to the temporary judge. With leave of court the parties may substitute arbitration, judicial arbitration or mediation. Local Form C-3, Dispute Resolution Conference Report, is listed as mandatory on the court's local forms page.

Building and Construction Cases. Within 30 days after the first status conference in building and construction cases, the party complaining of defective construction shall serve on all other parties a statement of damages, including a scope of damages which sets forth with particularity the defects complained of and a cost of repair which itemizes the cost of repairing the defects.

PDF page 50. This deadline runs FORWARD from the first status conference, not backward from anything. The literal token is defined here because the standard negative tokens would invert it. The next paragraph gives the other parties 30 days after that to inspect the premises, after meeting and conferring and scheduling to minimize inconvenience to the owner. This is the one place in the El Dorado civil rules that speaks directly to construction defect litigation.

Within 45 days after service of the statement of damages, the other parties shall serve on all parties a response to statement of damages, which responds with particularity to the scope of damages and the cost of repair. The DRC shall be scheduled after the statement of damages and the response have been completed and the parties shall provide copies to the DRC temporary judges.

PDF page 50. Runs FORWARD 45 days from service, hence the literal token. Practical effect in a defect case: the settlement conference track is gated on a served, itemized cost of repair and a particularized response to it.

Personal Injury Actions. At least five (5) court days prior to the DRC in personal injury actions, the parties shall exchange relevant photographs, accident reports, medical bills and reports, and statements of lost income and shall provide copies of these to the DRC temporary judges.

PDF pages 49 to 50. Anchored to the DRC date the parties set with the temporary judge, not to a court order date. The same subdivision requires the affected party to initiate negotiations with claimants or lien holders before the DRC, to ask an unresolved holder in writing to attend, and authorizes counsel to request collateral source providers to attend on the court's behalf under Government Code section 985(c).

When the date of hearing of any law and motion, criminal, or probate matter is known, all documents filed for consideration at the hearing shall contain the date of hearing, the time, and the department, below the action number. Failure to comply with this rule may result in documents not being before the court at the time of the hearing.

PDF page 19. Court wide filing rule, not civil specific; the rule says so on its face by naming law and motion, criminal and probate matters. Body number 4.00.06, table of contents number 4.00.07, the same chapter 4 offset noted above.

For matters set with at least 15 court days' notice, the requesting party must file and serve Notice of Remote Appearance (Judicial Council form RA-010). Notice to the other parties may be provided in writing, electronically, or orally in a way reasonably calculated to ensure notice is received at least 10 court days before the proceeding.

PDF page 31. Revised July 1, 2025. Subdivision (C) covers any evidentiary hearing or trial, defined as any proceeding at which oral testimony may be provided, not trial alone. Two related provisions matter in an expert tried case. Rule 7.02.00(A)(2), verbatim: "Notwithstanding subdivision (A)(1)(a), an expert witness may appear remotely absent good cause to compel in-person testimony." Rule 7.02.00(C)(1)(d), verbatim: "The Court may not require a party to appear through remote technology for an evidentiary hearing or trial."

The opposition must be accompanied by a proposed order. The party opposing the remote appearance may use Order Regarding Remote Appearance (Judicial Council form RA-020). The opposition must be filed and served on all parties or other persons entitled to receive notice of the proceedings at least five (5) court days prior to the hearing or trial date, unless the hearing is set with less than 15 days' notice, in which case the opposition must be filed and served by 12:00 p.m. on the court day preceding the hearing or trial.

PDF pages 31 to 32. The opposing form is RA-015 and the proposed order form is RA-020.

Fees for proceedings lasting more than one hour, including trials, shall be posted as directed by the court or at the beginning of any long cause hearing or trial. Failure to provide and post court reporter fees pursuant to statute and these rules shall be cause for the hearing or trial to be postponed or continued at the discretion of the court. The court may award attorney fees and/or sanctions against the non-complying party.

PDF page 4. Chapter 2 is a court wide administrative chapter, not a civil chapter. Body number 2.00.07, table of contents number 2.00.08; chapter 2 runs the same one number offset as chapter 4. The rule also warns the court cannot guarantee an official reporter, that parties will be notified if it cannot secure one, and that a party may arrange a private certified reporter at its own expense on the condition it does not continue the proceeding, with the court not facilitating that reporter's attendance.

The request for assistance must be made at least one week in advance of the court date.

PDF pages 12 to 13. Body number 2.00.18, table of contents number 2.01.00, the chapter 2 offset again. Subdivision (A) says each courtroom generally has a conference telephone, assisted listening devices, Wi-Fi, and either an LCD television or a projector screen. Subdivision (B) says the court cannot help set up or operate equipment that is not the court's. Subdivision (C), verbatim in relevant part: "a party presenting evidence by way of DVD must ensure all video and pictures on the DVD are burned in a DVD-player playable format."

Mandatory Settlement Conferences, Issues Conferences, and Trial Dates. The Court may schedule a mandatory settlement conference, an issues conference, motion in limine hearings, and the trial date. The Court may schedule additional settlement conferences at the request of the parties or on its own motion.

PDF pages 48 to 49. This is where the whole trial calendar comes from, so the CMC order is the document that controls every date the rows above run from. Rule 7.12.10(C), verbatim: "The plaintiff and each party who has been served or who has appeared in the action shall file and serve a completed case management statement at least 15 calendar days prior to the case management conference." Rule 7.12.10(D) also requires parties or counsel to attend, be familiar with the case and be prepared to discuss the listed matters, and adds "Parties or counsel failing to attend or to be prepared may be subject to sanctions." Rule 7.12.03 assigns every case to a single judge for all purposes on filing.

The failure of any person to comply with these rules or any order of the court shall constitute an unlawful interference with the proceedings of the court. For any such interference, the court may impose upon the offending person sanctions which may include, but are not limited to, continuing a conference and requiring the filing of appropriate documents, awarding monetary sanctions, attorney's fees, expenses and costs, striking pleadings and entering the default of any party, dismissing the action, and contempt.

PDF pages 53 to 54. This is the general sanction rule for the civil case management chapter and it reaches the Issues Conference obligations. Rule 7.12.12 carries no sanction provision of its own, so 7.12.13 is what backs it.

Memoranda of Points and Authorities shall be in accordance with the requirements of California Rules of Court, rule 3.1113. Factual references in the brief shall be followed by a citation to the specific portion of the administrative record supporting that reference, by AR page number, as well as by the title of the document and document page number in which that reference occurs. In addition, each party shall file with the Court at the time the party's initial merits brief is filed a separate document containing a photocopy of each page of the administrative record cited in the brief.

PDF page 55. The briefing schedule and hearing date are set tentatively at the record status conference and may be reset on the court's own motion or on noticed motion for good cause, so the deadline is court set. Petitioner must request the record status conference when the petition is filed, to be heard within 30 days of filing.

At the hearing to certify the record, the parties shall provide the Court with an agreed statement of the issues that will be presented to the Court at the hearing on the petition. Each party may supplement the agreed statement of issues with additional issues that a party intends to raise. The Court will confirm or revise the tentative briefing schedule and hearing date that were set at the record status conference.

PDF page 59. The agreed statement of issues is also one of the documents the trial notebook under 7.16.00(J) must contain. Rule 7.16.00(E) separately dictates the physical format of the record: 8.5 by 11 paper, one sided, consecutively numbered, three hole punched, loose leaf volumes of not more than 300 pages each, numerically tabbed by document number, each volume carrying a cover page listing every document by tab number, full title and first record page.