Lake County trial binder and trial document requirements

Every civil proceeding in which the trial is estimated to be one day or more shall be set for a mandatory settlement conference at a time to be fixed by order of the court. The purpose of the conference is to produce a settlement of the case or to narrow the issues and evidence to be presented at trial.

Chapter 10 is adopted under California Rule of Court 3.1380 per Rule 10.1. The one-day threshold puts essentially every construction defect case in. Note the mismatch with Rule 16.3 (Local Practice and Procedure), subdivision (C)(1), which sets the threshold at "more than 1 day."

The court acts to set a Mandatory Settlement Conference to occur 2 to 4 weeks before the trial date in any civil case where the estimated time for trial is more than 1 day. See, Local Rule 10.2- 10.6. A Mandatory Settlement Conference is set to be conducted by in-person appearances by trial counsel, parties and persons with full authority to settle the case unless the in-person attendance is excused for good cause.

The offset token means 14 to 28 calendar days before trial, which is the 2 to 4 weeks the rule states. This is the only rule that ties the MSC to the trial date in time, and it sits in the remote-appearance chapter rather than Chapter 10, which is easy to miss. The same subdivision adds that filing a Notice of Remote Appearance (RA-010) does not get you a remote MSC appearance and is instead treated as a request to be excused for good cause. Department 1 holds civil settlements Mondays at 1:30 p.m., in person, per the court's calendars.

At least ten days before the conference, each party shall lodge with the clerk and serve upon all parties or their counsel, a detailed settlement conference statement composed in accordance with CRC 3.1380(c). The statement will not form a part of the clerk's file but will be retained separately and temporarily by the clerk following the conference.

The published PDF prints a section symbol between "CRC" and "3.1380(c)" that the text extractor drops; the quotation is otherwise exact. The rule says "ten days" without qualifying them as court days, while the same court writes "court days" elsewhere in the rule set, so read it as calendar days and confirm with the calendar coordinator if the margin is tight. The rule continues: "The settlement conference statement shall be in writing and shall describe the case and all relevant legal issues, factual issues, and conditions. The statement and supporting material must be sufficiently detailed to enable the settlement conference judge or pro tem judge to conduct a meaningful settlement conference." Timeliness of this statement is one of the factors the court weighs on a request to be excused from in-person attendance under Rule 16.3(C)(2).

The attorney(s) for each party or each party representing themselves claiming damages shall include in the settlement conference statement a list of all special damages claimed, and shall supply corroborating evidence, to be available for examination by the settlement conference judge. In a personal injury action, the special damages for each plaintiff should be up-to-date listed separately, totaled, and categorized as health care (including medical, hospital, ambulance, and drugs) and loss of earnings, if any.

The same subdivision adds that opposing parties must bring copies of all reports and records of examining doctors or other experts employed by them or their carriers. A family law sentence about a 21-day informal exchange also sits in this subdivision and does not apply to general civil cases.

All parties and their counsel shall organize in advance and bring to the conference such medical reports and records and any deposition (with relevant pages premarked), photographs, books, records, diagrams, maps, bills, contracts, memoranda, and all other documents pertinent to settlement of the case for examination by the settlement conference judge.

This is the only rule in the set that requires counsel to hand-carry a document set to a proceeding, and it is a settlement rule rather than a trial rule. Premarking relevant deposition pages is the nearest thing in the rules to a deposition designation requirement, and it is for settlement, not for trial use. The word "deposition" appears exactly once in the whole rule set, here.

At the mandatory settlement conference, each party appearing in an action must be personally present unless excused by the judicial officer. Corporate parties must be represented by a responsible officer - other than counsel for such parties - authorized to make all decisions regarding the case subject only to approval of any governing board having the ultimate power to make such decisions.

The rule continues: "For every party appearing in the action, counsel who will actually try the case must attend the conference. In any tort case wherein a party who might be liable for damages has insurance coverage, the insurance company shall have present, throughout the entire duration of the conference, a representative who shall be authorized to make all decisions regarding the case unless excused by a judicial officer." It also gives the government-party illustration of city manager or mayor, and county administrator or board chair.

Any application to the court to excuse attendance of any person whose attendance is required by CRC 3.1380(b) shall be made to the regularly assigned judicial officer not less than five (5) days before the date set for the settlement conference with copies of the request delivered concurrently to all other parties or their counsel.

The published PDF prints a section symbol before 3.1380(b) that the extractor drops. "Five days" here is unqualified and reads as calendar days, while Rule 16.3(C)(2) sets five court days for the same relief. The two rules are not reconciled anywhere; file to the earlier of the two. Rule 10.2(C) adds that a person excused "shall be and remain immediately available for telephone communication with counsel and the court at the time set for and throughout the settlement conference."

A request to excuse in-person attendance shall be filed with the court and served on all parties no later than five (5) court days before the date of the conference except on a showing of unforeseen emergency circumstances.

Five court days here against Rule 10.2(B)'s unqualified five days. Both rules are current on their face and neither yields to the other, so treat five court days as the working deadline because it is earlier. Rule 16.3(C)(3) adds a trap: "In all requests to be excused from attendance, the moving party shall present a proposed form of Order Regarding Remote Appearance (CIV-020) or other proposed form of Order on the request. The failure to present a form of Order shall be grounds for denial of the request." It also provides that if no order issues either way, the in-person appearance is not excused. The subdivision lists the factors the court weighs, including whether a compliant Rule 10.5 settlement conference statement was timely filed and served.

The failure of any person to appear at, prepare for, or participate in good faith in a mandatory settlement conference, in conformity with the requirements of this chapter, unless good cause is shown for such failure, is an unlawful interference with the proceedings of the court and, in addition to any other sanction available, for such failure the court may order the person at fault to pay the opposing party's reasonable expenses and counsel fees, and may order an appropriate change in the calendar status of the action.

"Prepare for" is the operative phrase. A missing or thin Rule 10.5 settlement conference statement is sanctionable on its own, and "an appropriate change in the calendar status of the action" puts the trial date on the table.

No later than seven (7) court days prior to trail, the attorneys shall file and serve their respective Pre-Trial Conference Statements. Such statements shall include:

"trail" is a typographical error in the published rule and is quoted as printed. The deadline runs off the trial date, not off any conference, because no Lake County civil rule creates a trial readiness or final status conference. File and serve, not lodge. Rule 17.3 prints at pages 59 to 60 of the PDF.

A list of witnesses expected to be called by the party and the estimated length of direct examination of each witness;

Per party, not joint. On its face the subdivision asks for names and a direct examination estimate and nothing else: no addresses, no summary of expected testimony, no exchange before filing. The per-witness time estimate is unusual and easy to miss. A separate and different witness list obligation sits in Rule 16.5(D) for remote proceedings.

Each party shall prepare, serve on all other parties and lodge with the court not less than 7 court days prior to the trial or hearing a list of the witnesses, other than the parties, expected to be called to present remote testimony and the general scope of the testimony to be offered. The witness list shall advise that a witness will need an interpreter and the language required.

A second and different witness list from the one in Rule 17.3(a)(1), on the same 7 court day clock but with different content and a different delivery method, lodged as well as served. By its terms it attaches to remote testimony. Rule 16.5 opens: "A remote court trial or hearing shall be conducted pursuant to the same rules and procedures as in-person proceedings and, as a remote proceeding, shall be subject to the requirements and procedures as follows:" which reads as adding these for remote proceedings rather than extending them to in-person trials. The court's published calendars show jury trials and long cause matters as in person in every department, so whether this reaches an in-person civil trial is open.

A list of exhibits, with a short description of the exhibit, expected to be used by the party. The number of expected exhibits should be provided to the Court so that proper exhibit number series may be made available by the Court.

This subdivision requires the list. It does not by its terms require lodging the exhibits themselves; that obligation appears in Rule 16.5(F) for remote proceedings. The exhibit-count sentence uses "should," not "shall." The number series point matters on a multi-party case because the court assigns the ranges.

The following types of papers and filings are not eligible for electronic filing and will be subject to rejection by the clerk unless otherwise ordered by the court; ... o) Exhibits to be lodged for a hearing or trial

The quotation joins the introductory sentence to item (o); items (a) through (n) are omitted and marked with the ellipsis. Trial exhibits go to the court in paper, which lines up with Rule 16.5(F)'s sealed envelope. The Pre-Trial Conference Statement itself is filed, so it goes through the platform; only the exhibits are carved out.

Each party or counsel shall prepare, serve on all other parties and lodge with the court not less than 7 court days prior to the trial or hearing date a written list identifying the exhibits that the party expects to offer in evidence and provide duplicate copies of the actual exhibits identified by the list. The exhibits shall be assembled and collated in their anticipated order of presentation. Exhibits shall be presented in paper form, as opposed to electronic form, whenever possible.

The nearest thing in the Lake County rules to a trial binder requirement, and it is a remote-proceeding rule. The rest of the subdivision is specific: "The duplicate exhibits presented in the case shall be of the same quality and detail. Exhibits consisting of pictures or photographs, in any form, shall be an exact duplicate copy. Electronic audio or video recording evidence must be presented on a flash drive or disc and be accompanied by a written transcript of the audio portion of the recording to be offered in evidence." Emails and texts must be annotated to show who sent them. "The exhibits to be lodged with the court shall be enclosed entirely in a closed and sealed envelope(s) with the case name and number displayed on the cover. Parties shall retain and have available their own copy of the exhibits for use during the proceeding." Other physical evidence is disclosed and offered by photograph unless the court orders otherwise. No tab, index or copy-count requirement is stated.

At the commencement of the trial or hearing, in the presence of the parties and counsel, the exhibits lodged with the court by each party will be marked for identification. Counsel shall meet and confer with each other or with a self-represented litigant in advance of the trial or hearing regarding objections to and agreements for the admission in evidence of the exhibits as lodged with the court.

The subdivision continues: "Each party or counsel shall make reasonable and good faith efforts to lodge with the court and serve on all other parties all exhibits which may be used by a party at the trial or hearing for any purpose, including exhibits which constitute records contained in the clerks file and any request for judicial notice." The meet and confer is mandatory but no deadline or written product is set, and no joint exhibit list is required. Rule 16.5(H) adds that if a witness will need an exhibit, counsel must get a copy to the witness before the proceeding, and the witness may have nothing else in reach during testimony.

In the event that during the trial or hearing, there is request by a party to the court to use and/or offer exhibits other than as listed and provided before the trial or hearing for use in cross-examination of adverse witnesses, impeachment purposes or for rebuttal, that party shall provide a duplicate copy of the exhibit to the other party and a copy to the court at the first reasonable opportunity in the manner directed by the court.

This keeps the 7 court day exhibit lodging from working as a hard preclusion rule for impeachment material. Rule 16.5(J) separately requires that a subpoena or notice compelling a witness at a remote proceeding carry the remote-appearance directions and duplicate copies of the exhibits to be used with that witness.

Proposed jury instructions, identified by number in the body of the statement and appended as attachments in proposed final form.

Two mechanics to get right. The instruction numbers have to appear in the body of the statement, not only on the attachments, and the attachments have to be in proposed final form rather than blank printouts. The subdivision does not address CACI numbering, clean versus annotated sets, an editable electronic copy for the department, or competing instructions.

Proposed verdict forms, identified by number in the body of the statement and appended as attachments in the proposed final form.

Same body-numbering and final-form mechanics as the jury instructions. Per party, not joint.

A statement of the case that counsel proposes to be read to the jury;

Each party proposes its own. The subdivision does not call for a joint statement or a meet and confer first. Jury specific by its terms, and the rule does not say what a bench trial party files instead.

Each party may submit a trial memorandum, not to exceed seven (7) pages, setting forth a statement of the nature of the case, the general contentions of the party submitting the statement and a memorandum of points and authorities (not to exceed fifteen (15) pages) upon any unusual questions of law anticipated to be presented. The original of this document shall be filed, and a copy served on all parties, no later than seven (7) court days prior to the scheduled date of trial.

"May submit," so no trial brief is required in a Lake County civil case. The two page caps read awkwardly against each other, since the points and authorities allowance is larger than the cap on the document that contains it. The rule closes by adding that parties in unlawful detainer trials may submit a trial memorandum.

Unless otherwise agreed to by the court or stipulated by the parties, counsel must file and serve motions in limine and opposition thereto no later than fourteen (14) court days and seven (7) court days, respectively, prior to the scheduled date of trial.

The rule adds that motions in limine "shall include any evidentiary questions to be decided prior to, or during, trial, together with points and authorities where appropriate." No page limit and no reply deadline is stated. Under Rule 3.2(B) each motion needs a proposed form of order presented at the same time. On the Friday trial assignment practice, the department that will try the case may not be known when this deadline runs.

Unless otherwise agreed to by the court or stipulated by the parties, counsel must file and serve motions in limine and opposition thereto no later than fourteen (14) court days and seven (7) court days, respectively, prior to the scheduled date of trial.

The opposition falls on the same day as the Pre-Trial Conference Statement and the trial memorandum, so 7 court days out is the heavy day on the calendar. No reply is provided for.

Unless otherwise requested by counsel and approved by the court, the following motions in limine will be deemed granted at the time of trial, even when not made by counsel: (1) Motion excluding evidence of collateral source; (2) Motion excluding evidence of or mention of insurance coverage; (3) Motion excluding experts not designated pursuant to Code of Civil Procedure section 2034.300; (4) Motion excluding offers to settle and/or settlement discussions; and (5) Motion to exclude testifying witnesses prior to the time of testimony.

Do not spend a motion on these five. The rule then states: "Written motions need not be submitted on the above issues unless the counsel is requesting otherwise." Item (3) is the undesignated-expert exclusion, which matters in construction defect practice. Item (5) is a standing witness exclusion, so witnesses need to be told in advance. The rule does not say whether the deemed-granted rulings are self-executing without any written showing.

If a motion in limine is granted, it is the duty of counsel to instruct associates, clients, witnesses, and other persons under their control that no mention or display be made in the presence of a jury of any matter that is the subject of the motion in limine. Without prior leave of court, counsel must not ask a question that: (1) suggests or reveals evidence excluded pursuant to a motion in limine; or (2) reasonably may be anticipated to elicit testimony that was excluded pursuant to a motion in limine.

Read this with the five deemed-granted motions above. Because those five are granted automatically, this instruction duty attaches in every jury trial whether or not anybody filed anything.

If desired by the attorney, a list of voir dire questions to be asked by the judge, including specific references to questions in the Standards of Judicial Administration section 3.25;

Permissive. The cross reference is to the statewide Standards of Judicial Administration, section 3.25; I did not pull that standard, so its contents are not characterized here. The subdivision contemplates judge-conducted voir dire and says nothing about attorney-conducted voir dire or time limits.

If desired by the attorney or ordered by the judge, a glossary of technical or unusual terms expected to be used during the trial;

Optional unless the assigned judge orders it. Worth volunteering in a construction defect or other technical case, since the reporter benefits as much as the jury.

Requests for judicial notice, identified by number in the body of the statement and with the items that are the subject of the requests appended as attachments;

This puts trial requests for judicial notice on the same 7 court day clock as everything else in the statement. No opposition deadline is set for them. Rule 16.5(G) separately treats a request for judicial notice as something to lodge and serve with the exhibits in a remote proceeding.

On the first day of a jury trial unless otherwise ordered, all attorneys shall attend a conference beginning thirty (30) minutes before trial, for the purpose of determining the trial procedures.

The rule does not say what to bring. It is the practical moment to raise anything left unresolved from the Pre-Trial Conference Statements, since the court holds no civil issue conference. The court's Remote Appearance Calendars effective March 2, 2026 list jury trials in Department 1 at 8:15 a.m. in person, which would put this conference at 7:45 a.m. That is an inference from the calendar, not a published start time, so confirm it with the assigned department.

The moving party on any motion, petition or demurrer shall provide a form of order, ruling, or judgment consistent with the relief requested in the moving papers. This form is to be provided at the same time that the motion, petition or demurrer is presented to the court.

Rule 7.1 supplies the reach: "The rules stated in this chapter, as well as those stated in Chapter 3, shall govern all law and motion proceedings." A set of motions in limine filed at the 14 court day mark without proposed orders is out of compliance with 3.2(B). Rule 3.2 also opens by requiring compliance with California Rules of Court 2.100 and 3.1110 through 3.1115.

All exhibits submitted shall comply with these Rules and shall include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit.

This is the closest the rule set comes to an index requirement for civil filings, and it applies to exhibits attached to motions in limine and to the Pre-Trial Conference Statement, both of which are filed and so go through the e-filing platform. It does not reach trial exhibits themselves, which Rule 20.8(o) bars from e-filing. The court confirms on its eFiling page that it accepts e-filed documents in civil matters through approved service providers, which is what makes Chapter 20 operative under Rule 20.1.

A paper (courtesy) copy of an electronic filing is required to be delivered to the court, within 7 court days of the electronic filing, as follows: In the case of any petition, motion or special proceeding where the total number of pages, including all papers submitted in the form of notice, memorandum, declarations, exhibits, requests for judicial notice, separate statements, and briefs exceeds 50 pages; and, In the case of any motion for summary judgment or summary adjudication, or Anti-SLAPP motion.

Relevant to trial preparation because a full set of motions in limine can clear 50 pages. The trigger is a "petition, motion or special proceeding," so it reaches the motions in limine and arguably does not reach the Pre-Trial Conference Statement, which is none of those. Practical point: a 7 court day delivery window measured from a filing made 7 court days before trial can expire after trial has started, so hand the paper copy over with the filing.

Pursuant to Code of Civil Procedure 575.2, if any counsel, a party represented by counsel, or a party if in pro se, fails to comply with any of the requirements of these rules, the court, on motion of a party or on its own motion, may strike out all or any part of any pleading of that party, or dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party, or impose other penalties of a lesser nature as otherwise provided by law, and may order that party or his or her counsel to pay to the moving party the reasonable expenses in making the motion, including reasonable attorney fees.

The published PDF prints a section symbol before 575.2 that the extractor drops. The rule closes: "In addition, sanctions authorized by Code of Civil Procedure 128.5, 177.5 and 178 may be imposed." This is the only sanction provision that reaches Rule 17.3, because Chapter 17 carries no penalty clause. Two statutory limits the local rule does not restate, both read from the section text on leginfo: section 575.2(a) provides that "No penalty may be imposed under this section without prior notice to, and an opportunity to be heard by, the party against whom the penalty is sought to be imposed," and section 575.2(b) states the Legislature's intent that where a failure to comply is the responsibility of counsel and not the party, any penalty be imposed on counsel and not adversely affect the party's cause of action or defense.

The setting of cases for trial, trial assignment, and mandatory settlement conferences is done by the presiding judge of the superior court, who has delegated partial authority in these matters to the calendar coordinator who is also responsible for the setting of the arbitration conference. The clerk of the court does not perform any function with respect to settings.

Setting questions go to the calendar coordinator, not the clerk. Rule 9.2 puts a case on the civil active list when the presiding judge of the civil department or the calendar coordinator deems it at issue. Rule 9.3: "Trial dates will be selected by the presiding judge of the civil department or the calendar coordinator who will consider the nature of the case, the information provided by the case management conference statement, and the condition of the court's calendar. Actual setting of case for trial will be by written notice issued by the calendar coordinator."

At the time the case is set for trial it will also be set for an arbitration conference, mandatory settlement, and trial assignment conference.

Chapter 8 applies to all general civil cases per Rule 8.2. This subdivision sits inside a list of items to be considered at the first case management conference, which is odd placement for a setting rule, but its text is unqualified. No rule anywhere states how long before trial the trial assignment conference occurs, who must appear, or what is filed or lodged for it. The court's Courtrooms and Holidays page places it on Department 1's Friday 8:15 a.m. calendar: "All long-cause cases set for trial are called on Fridays at 8:15 a.m. Cases are then assigned to departments within the Court on the following week."

All dates for trial are firm and no trial date will be changed without court approval. Motions to advance a trial date, to reset or specially-set a case for trial, or to continue a trial date must made on written notice to all parties who have appeared, and must be set for hearing.

"must made" is a typographical error in the published rule and is quoted as printed. Rule 9.4(B)(2) allows a stipulation in lieu of a motion: "A stipulation to continue a trial, or to vacate a trial date and calendar the matter for re-setting, may be accepted in lieu of a motion as long as 1) all parties agree in writing; 2) the terms of the written stipulation set forth good cause pursuant to 9 of the Standards of Judicial Administration and CRC 3.1332(a), and further state that the stipulation is subject to approval by the court; and 3) the stipulation is accompanied by a proposed order." Rule 9.4(B)(1) requires a continuance motion to be noticed as soon as possible after the need is determined, and 9.4(B)(3) lets the court refuse an untimely request. Rule 9.4(C): if a trial date is vacated and not reset, the case goes on the regular case management calendar and "at least five (5) days before that date each party must file a current and complete casement management statement (JC Form CM 110)."

In civil cases in which all causes of action are equitable in nature, a trial by jury on any specific factual issue is available only upon compliance with CCP 631. In such cases the demand for jury shall be in writing and shall specify the factual issues to be determined by the jury.

The published PDF prints a section symbol before 631 that the extractor drops. The rule sets no deadline of its own for the written demand, so Code of Civil Procedure section 631 governs timing. Pairs with the court's local at-issue memorandum form, which asks "Is jury demanded?" and for the trial time estimate.