Placer County trial binder and trial document requirements

The court may set a civil trial conference at the time trial is set. A civil trial conference normally will be scheduled ten (10) days before the scheduled trial date. Trial counsel are required to appear at the civil trial conference. At the conference, the court will determine the trial readiness of the case and the estimated time for trial. The court may assign the case to a specific department for trial, return the case to Master Calendar for assignment depending upon courtroom availability, or make other orders necessary for the efficient management of the case.

Rules PDF page 38. Note the word may. The conference is discretionary and is set when trial is set, so the case management order or the CMC calendar notes are where the date actually appears. The rule says ten days with no qualifier and does not say whether the period is counted under CCP 12 or 12c. Placer publishes no rule using the names final status conference, trial readiness conference or issue conference. I searched the full 99 page rule book for all three phrases and for jury instruction, CACI and verdict.

Long cause civil trials will be set for a judicially supervised settlement conference before a regularly assigned judge or a designated temporary judge.

Rules PDF page 37. Long cause is not defined for civil cases anywhere in the Placer rules, so whether a given case gets one is unresolved on the face of the rule. The date comes out of the case management order or the CMC calendar notes. Rule 20.1.12 and Rule 20.1.9(C) both use the phrase mandatory settlement conference for a civil proceeding, which points to this being the same conference, though Rule 20.1.10 does not use that name.

Not later than ten (10) days prior to the scheduled conference, all parties shall serve and file a settlement conference statement with the clerk. The Court may impose monetary sanctions payable to the Superior Court of the State of California, in and for the County of Placer, for failure of any party to timely file a settlement conference statement in accordance with this rule.

Rules PDF pages 37 and 38. Both served and filed. The rule says ten days with no qualifier, so the calendar versus court day question is open here too. Sanctions are written into the same subdivision as the deadline, which makes this the one Placer trial preparation deadline with its own express penalty.

The first page of each settlement conference statement shall specify, immediately below the number of the case, (1) the date and time of the settlement conference and (2) the trial date. Each settlement conference statement shall include a full and complete statement of the following information to the extent known or contended (paragraph numbering of statements shall coincide with the following): 1. The attorney or party who is submitting the statement and the party whom the attorney represents. 2. Lead counsel and the represented party for all other parties in the case. 3. A statement of the facts, including any background information necessary to understand the case. 4. Any factual stipulations reached by the parties. 5. Contested issues of facts, including detail of the claimed damages and defenses. 6. Contested issues of law. 7. A statement disclosing the highest offer and lowest demand, and the date of the last settlement discussions. 8. The limits of any available insurance coverage. 9. A statement as to whether or not the case has been through arbitration (attach a copy of any arbitrator's award). 10. A statement as to any special problems relating to settlement.

Rules PDF pages 37 and 38. The paragraph numbering instruction is literal: number the statement 1 through 10 to match the rule. Item 8 requires policy limits, which matters in construction defect and insured defendant cases. The rule says served and filed and says nothing about confidential lodging, so whether the court will take a confidential statement instead is not addressed and should be confirmed before disclosing offers and limits on the public docket.

All parties and all attorneys who will appear at trial shall attend the settlement conference, together with claims representatives, corporate officers or other designated persons with authority to negotiate in good faith to reach settlements.

Rules PDF page 38, amended 3/31/22. The rule does not say personal attendance, and Rule 10.24 governs remote appearances generally.

The court may conduct a settlement conference at the time of the civil trial conference if no settlement conference or other dispute resolution has occurred. In such instances, the presence of trial counsel, the parties, claims representatives, or other persons authorized to settle case is required. When a settlement conference or other dispute resolution has taken place before the civil trial conference, the parties and/or authorized representatives need only be available remotely and do not need to be personally present.

Rules PDF page 39. Plan client and carrier attendance at the ten day conference on this basis. The rule does not define other dispute resolution, so whether a completed private mediation drops the requirement to remote availability should be confirmed with the department before anyone is told they do not need to appear.

(1) An index of exhibits must be provided. The index must briefly describe the exhibit and identify the exhibit number or letter and page number. ... (3) Each paper exhibit must be separated by a hard 8 1/2 x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation. (4) Electronic exhibits must meet the requirements in rule 2.256(b). Unless they are submitted by a self-represented party, electronic exhibits must 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.

Read from the Judicial Council's own Title 3 PDF at courts.ca.gov, page 169, subdivision (f) amended effective January 1, 2017. The ellipsis skips (f)(2), which requires pages from a single deposition to be designated as a single exhibit. In (f)(3) the printed rule sets the paper size with a single fraction character that the text extraction did not carry; I have written it as 8 1/2. This row is scoped to papers filed with exhibits, which in a Placer civil trial means the limine set. It is not a rule about the trial exhibits themselves, which go to the courtroom clerk on the first day of trial under Rule 20.1.11(B) with no format specified.

Parties are required to file the following copies of documents: 1. All case documents, excluding Unlimited Civil complaints and petitions, which are defined in F.2: a. One (1) original in a format pursuant to California Rules of Court, rule 2.100 et seq. Secure binding shall be accomplished through clipping or rubber-banding. ... Exhibit attachments to pleadings shall be separated by a standard size sheet of paper with a title identifying the sequence of the exhibit. b. Up to two (2) copies to conform each document.

Rules PDF pages 11 and 12, effective 7/1/17, revised 7/1/18. The ellipsis skips the sentence explaining that clipping or rubber-banding expedites digital conversion. This is the courtwide rule behind the line on the court's Civil division page reading An original and 2 copies must be submitted. It bears on trial materials because a paper courtesy copy is required under Rule 10.27(E)(2) for any submission over 50 pages, and because eFiling can be waived case by case under Rule 10.27(G). Note that the Civil division page still cites California Rule of Court 201, a rule number that no longer exists, so take the requirement from Rule 10.9(F), not the website.

The administrative record must be provided in one or more volumes of not more than three hundred (300) pages that are separately bound in 3-ring binders. The pages of the administrative record must be numbered consecutively and bound on the left margin. The cover of each volume of the records must be the same size as its pages and contain the same material as the cover of a brief, but must be labeled "Administrative Record."

Rules PDF page 46. Scoped to CEQA petitions. Included because the merits hearing in a CEQA writ case is the functional trial and because this is the only binding specification anywhere in the Placer civil chapter. Timing comes from the briefing schedule set at the Rule 22.0(D) status conference, which is itself set within fifteen days of the request for hearing, following the PRC 21167.4(c) timelines. Rule 22.0(F)(3) pulls in CRC 3.2205(a) for organization and Rule 22.0(F)(4) requires an electronic version lodged with the paper record in compliance with CRC 3.2207.

At the beginning of the first volume of the administrative record, there must be an index of each paper or record in the order presented in the record referring to each paper or record by title or description and the volume and page at which it first appears.

Rules PDF pages 46 and 47. CEQA only. This is the only index requirement Placer writes itself for a hearing record. The exhibit index that reaches an ordinary civil trial comes in through Rule 20.4(B) from CRC 3.1110(f)(1), not from here.

All documents that equal or exceed 15 pages and/or contain multiple exhibits/sections must be bookmarked. Bookmark titles should match the corresponding section/exhibit. The use of hyperlinks is strongly encouraged.

Rules PDF pages 31 and 32. This is the electronic analogue of a tabbed binder and it reaches trial briefs, limine sets and settlement conference statements with attachments. The opening of Rule 10.27(E) requires PDF in text-searchable format viewable on any standard PDF viewer. Rule 10.27(G) makes eFiling mandatory as of May 11, 2020, not applicable to self-represented litigants or government entities, waivable case by case on a judicial finding of good cause.

Regardless of the time of electronic submission, a printed courtesy copy (along with proof of electronic submission) is required for submissions where the total pages submitted - including notice, points and authorities, declarations, judicial notice requests, separate statements, exhibits, appendices, tables of contents, etc. - exceed 50 pages. The printed courtesy should be provided the same day the electronic copy is submitted.

Rules PDF page 32. This is the closest thing Placer has to a chambers copy rule for trial documents. A limine set of any size, or a trial brief with attachments, crosses 50 pages easily, and the count is aggregated across the whole submission rather than per document. Rule 10.27(E)(3) separately requires a courtesy copy for every motion for summary judgment, summary adjudication or anti-SLAPP motion regardless of length. The rule does not say where the copy is delivered or to which department.

All trial briefs, witness lists, and neutral statement of the case shall be filed with the clerk at or before the civil trial conference.

Rules PDF page 38. The rule does not describe the contents, does not say whether addresses, expected testimony, time estimates or expert designations belong on it, does not say one list per party in so many words, and does not require exchange between counsel separate from filing. Rule 10.6 names exclusion of evidence as an available sanction for violating a local rule, so a missing or late witness list carries real exposure.

Exhibits shall be presented to the courtroom clerk on the first day of trial.

Rules PDF page 39. One sentence, and it is the whole civil exhibit rule. It does not say pre-marked, tabbed, indexed, bound, how many sets, or paper versus electronic. In chapter 20.00 the word exhibit appears only here and in Rule 22.0 on the CEQA administrative record. Exhibits attached to papers that get filed are a different question and are governed by Rule 10.9(F) and, for motions in limine, by CRC 3.1110(f) through Rule 20.4(B). The family law counterpart at Rule 30.16(D) is worded almost identically and adds an upload instruction for remote appearances, which the civil rule does not carry.

All trial briefs, witness lists, and neutral statement of the case shall be filed with the clerk at or before the civil trial conference.

Rules PDF page 38. The rule names the document and stops. It does not say what the statement contains, where it is used, whether it is one jointly prepared document or one per party, how counsel are to agree on the text, or what happens if they cannot. The word neutral points toward a joint document but the rule never says joint. Ask the assigned department before drafting.

All trial briefs, witness lists, and neutral statement of the case shall be filed with the clerk at or before the civil trial conference.

Rules PDF page 38, last paragraph on the page. The sentence sits flush left between subdivision A and the settlement conference paragraph, so it is not inside subdivision A. This one sentence is the entire trial document rule in Placer civil. It says filed with the clerk, not lodged and not served, and it sets no page limit, no required contents and no format. Nothing says the brief is optional, and Rule 20.1.13 makes failure to file a document required under these rules sanctionable, so treat it as mandatory wherever a civil trial conference is set.

The briefs shall contain specific references to the administrative record, by record volume and page number and the document title, in support of any factual contentions asserted by a party in its brief. A reference to "the whole file" is not a specific reference. Each party shall submit an appendix to their brief(s) which contains copies of the pages of the administrative record cited in their briefs. The pages of each appendix shall be in BATES stamp order.

Rules PDF page 47. CEQA only, and it is not the trial brief required by Rule 20.1.11. Deadlines come from the briefing schedule set at the Rule 22.0(D) status conference. This is the only place in the Placer civil rules that requires a party to assemble a cited-materials appendix for a hearing.

If the motion concerns deposition testimony, the motion shall be supported or opposed by attached excerpts of relevant deposition testimony, in conformance with California Rule of Court, Rule 3.1116.

Rules PDF page 43. This is the only place deposition testimony appears anywhere in the civil chapter. I searched the full rule book: the other hits are family law (Rule 30.6 on deposing a mediator) and juvenile (Rule 50.x). It is a motion support rule, not a designation procedure. If designations are wanted for trial they come from the assigned department or from CCP 2025.620 practice, not from a local rule.

Motions in limine must be filed and served 10 days before trial. Opposition to motions in limine must be filed and served 5 days before trial.

Rules PDF page 42. The rule says 10 days with no qualifier, so whether the period is calendar days or court days and whether CCP 12c backward counting applies are both open on the face of the rule. It gives no extension for electronic service. The deadline falls on the same day the civil trial conference is normally set under Rule 20.1.11(A), so in practice the limine package and the trial documents go out together. Rule 20.4(A) fixes the scope: This rule shall apply to civil cases.

Opposition to motions in limine must be filed and served 5 days before trial.

Rules PDF page 42. No reply is provided for anywhere in Rule 20.4. Same open question on how the 5 days are counted.

All motions in limine shall comply with the requirements of California Rules of Court, Rule 2.100 to 2.119, and 3.1110 to 3.1116.

Rules PDF page 42. This is the single most consequential sentence in the Placer limine rule, because it imports the state rules Placer itself does not write. CRC 3.1110(f) brings in the exhibit index and the tab requirement (see the next row). CRC 3.1116 brings in the format for deposition testimony used as an exhibit: the first page must state the deponent's name and the deposition date, the exhibit must contain only the relevant pages with the original page numbers clearly visible, and the relevant testimony must be marked in a manner that calls attention to it.

Motions shall be numbered sequentially. In the event that more than five motions are filed by a party, an index to the motions shall also be filed.

Rules PDF page 42. The rule does not say whether the index is a separate filed document or a cover sheet on a combined package, and does not say whether numbering runs per party or across the case. This index is separate from the exhibit index required by CRC 3.1110(f)(1).

Motions made for the purpose of precluding the mention or display of inadmissible and prejudicial matter shall be accompanied by a declaration that includes the following: 1. A clear identification of the specific matter alleged to be inadmissible or unduly prejudicial; 2. A representation to the court that the subject of the motion has been discussed with opposing counsel, and that opposing counsel has either indicated that such matter will be mentioned or displayed in the presence of the jury before it is admitted in evidence or that counsel has refused to stipulate that such matter will not be mentioned or displayed in the presence of the jury unless and until it is admitted in evidence; 3. A statement of the specific prejudice that will be suffered by the moving party if the motion is not granted; 4. If the motion seeks to make binding an answer given in response to discovery, the declaration must set forth the question and the answer and state why the use of the answer for impeachment will not adequately protect the moving party against prejudice in the event that evidence inconsistent with the answer is offered.

Rules PDF pages 42 and 43. Item 2 is a per-motion meet and confer showing inside the declaration, separate from the general duty in subdivision I, and it has to exist when the motion is filed 10 days out. A limine motion filed without this declaration is noncompliant on its face.

Matters which should be addressed by oral motion. The court will entertain oral motions regarding the following routine matters: 1. Motion to exclude witnesses from the courtroom (excepting those for whom an exception exists such as parties and corporate representatives); 2. Motion to exclude oral or written references to settlement negotiations and mediation; 3. Motions to exclude evidence of, or reference to, insurance.

Rules PDF page 42. The heading says should be addressed by oral motion and the body says the court will entertain oral motions, so the rule is a direction rather than a prohibition on filing. Practical effect is that the first three motions on a standard construction defect or personal injury limine list come out of the written set in Placer.

A motion in limine shall not be used for improper purposes, including for the purpose of seeking summary judgment and/or summary adjudication of an issue or issues, which motions may only be made in compliance with Code of Civil Procedure section 437c and court rules pertaining thereto.

Rules PDF page 43. Subdivision H reads: A motion in limine shall not be used for the purpose of seeking an order to try an issue before the trial of another issue or issues. Such motions may only be made in compliance with Code of Civil Procedure section 598. So a bifurcation request in Placer is a section 598 motion on the law and motion calendar, not a limine.

Counsel shall meet and confer prior to the first day of trial regarding motions in limine. Counsel shall be prepared to advise the court whether stipulations or agreements have been reached concerning any motions in limine.

Rules PDF page 43. No number of days is given, only prior to the first day of trial. This is separate from the per-motion meet and confer recital required inside the supporting declaration under Rule 20.4(F)(2), and separate again from Rule 20.2.1, which requires a good faith attempt to resolve before filing any motion or demurrer with a declaration of that attempt filed with the motion.

If a motion relating to the preclusion of evidence or other matters 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 presence of the jury of the matter that is the subject of the motion. The court may defer ruling upon a motion in limine, and may order that no mention or display of the matter that is the subject of the motion is to be made in the presence of the jury unless and until the court orders otherwise.

Rules PDF page 43. The second sentence matters for planning: the court can defer the ruling and still order silence on the subject until it rules.

In the event the case is returned to Master Calendar for assignment, the case shall trail from day to day during the initial week and the following week. If no departments become available within the two week period, the case will be rescheduled for trial unless all parties agree to continue trailing for a third week or the court upon finding of good cause determines that the case shall continue trailing into the third week.

Rules PDF page 38, amended 4/29/22. Build witness and expert availability for a three week trailing window, not a fixed start date.

No mandatory settlement conference, civil trial conference, or trial may be continued except upon noticed motion set before the presiding judge or another judicial officer as designated by the presiding judge. The parties may also present an ex parte application, subject to the requirements of Local Rule 10.8, requesting a continuance based upon the written stipulation of all parties. Stipulations to continue the trial date must include mutually acceptable future trial dates agreed upon by all parties. No continuance will be granted absent an affirmative showing of good cause. A trial conflict may not be deemed good cause for a continuance unless the conflict arose after the trial date was set and the conflict could not have reasonably been avoided.

Rules PDF page 39. The motion goes to the presiding judge, not the assigned trial department. The trial conflict sentence is the part that bites: an engagement that already existed when the Placer date was set is not good cause.

Further, ex parte requests for continuance, pursuant to Rule 20.1.12, shall include a list of mutually agreeable proposed trial dates.

Rules PDF pages 10 and 11. The same rule also requires an appointment scheduled through the office of the clerk of the appropriate court, a written application with sufficient declarations or points and authorities plus the proposed order handed to the clerk on appearance, notice under CRC 3.1203, a CRC 3.1204 declaration detailing the notice given, and, where less than six business hours of notice was given, facts justifying the shortened notice. Rule 10.8 does not apply to requests for orders in family law cases.

If a party or attorney has a conflict with future hearing dates set in the Case Management Conference calendar notes, or opposes the future dates set in the Case Management Conference calendar notes, the party or attorney must appear at the Case Management Conference. That attorney or party must provide at least 7 days' notice to all other parties in the case of their intent to appear at the Case Management Conference.

Rules PDF page 36. cmc_date is a token defined here: the seven days runs backward from the case management conference itself, not from any court order, so do not compute it off an order date. Same subdivision: The Court will issue case management calendar notes approximately twelve (12) calendar days prior to the case management conference, the notes state any future dates set by the court (including any further case management conferences, trial dates, order to show cause hearings, etc.), they are posted on the court's website, and All counsel and parties are responsible for reviewing the case management calendar notes for each case management conference before the hearing. A separate deadline runs alongside it: Rule 20.1.7(C) requires written notice of intent to appear delivered to the clerk's office and provided to all other parties no later than 3:00 p.m. on the Thursday prior to the conference. This is the mechanism that produces the Placer trial date, so the calendar notes are the practical source for every downstream trial deadline.

The court will enter a case management order after the case management conference. The order will include future hearing dates set by the court and any other orders the court deems necessary, including matters listed in California Rules of Court, Rule 3.728.

Rules PDF page 37. Read with Rule 20.1.11(A), which lets the court make other orders necessary for the efficient management of the case at the civil trial conference. Between them these two clauses are the only route by which jury instruction deadlines, exhibit list exchange, deposition designations, verdict forms or a binder specification can reach a Placer civil case, because none of those appear in the local rules. Same subdivision adds that the clerk mails the order only when no hearing is held and the court sets trial and trial-related dates, or when the conference is dropped and an OSC is set, so in the ordinary case the calendar notes are what counsel has to pull.

Pursuant to California Rule of Court 2.956, the Court does not provide court reporters for hearings in the following matters: All Civil Case Management Conferences; All Civil Law and Motion; All Civil Limited and Civil Unlimited Trials; All Civil Settlement Conferences; ... A litigant who wishes to obtain a record of a hearing for any of the above types of matters must arrange for a court reporter at his or her expense. The court does not facilitate the attendance of private certified court reporters to report proceedings.

Rules PDF page 15, amended 1/1/23. The ellipsis replaces the family law, probate, restraining order, unlawful detainer and infraction lines of the same list, which are not civil. Same subdivision says the court will post on its website if reporter staffing lets it expand coverage. Rule 10.15(B) provides a reporter at court expense for a party with a valid fee waiver. Rule 10.15(D) sets the fee schedule when a court-connected reporter is provided: $30 for an hour or less, $435 for more than one but no more than four hours, $870 per day beyond four hours, all due before the hearing starts, with each party responsible for a pro rata share, plus transcript costs under Gov. Code 69953.

Litigants must submit Form PL-CW007, Request for Court Reporter, to the Family Law or Civil Unit no less than three days prior to the hearing to request a court reporter pursuant to 10.15(B), 10.15(C), or for proceedings listed in 10.15(A). Parties who submit such a request shall contact the Master Calendar Unit by calling 916-408-6062 6153 between 2:00 and 4:00 p.m. on the Friday prior to the scheduled hearing to confirm whether a staff reporter can be provided for the matter. If a court-connected reporter cannot be provided, parties may arrange for an outside reporter at the party's (or parties') expense.

Rules PDF page 16, amended 1/1/26. Two defects in the published rule, quoted as printed: the phone number prints as 916-408-6062 6153, and the rule points to 10.15(C), which reads Number reserved for future use. Appendix A also disagrees with itself on the form number, listing PL-CW007 as Request for Court Reporter in one table and as Instructions for Live Scan Background Check in another, so confirm the form number on the court's Local Forms page. Three days, with no statement whether they are court days. For a multi-day civil trial this has to be handled well before the three day floor because a private reporter needs booking.