San Diego County trial binder and trial document requirements

A trial readiness conference generally will be scheduled three weeks before the trial date.

The word is generally, so three weeks is a default, not a fixed rule. The rule does not say who sets the date or at what stage. Departments calendar the TRC on a standing Friday (Dept 62 at 9:00 a.m., Dept 72 at 9:15 a.m., Dept N-28 at 8:30 a.m.), so the actual gap varies.

The parties must meet and confer prior to the scheduled hearing and attempt to resolve the case, or, if resolution is not possible, limit issues for trial.

No deadline is stated for the meet and confer itself. It has to precede the joint report, which is due five court days before the conference, so the practical deadline runs off that. Departments 62 and 72 add a separate in person meeting at least three court days before trial call, which is a different event.

If a joint trial readiness conference report is not timely filed and the matter has not resolved in full, personal appearances by trial counsel are required at the trial readiness conference; remote appearances will not be permitted unless otherwise authorized by the judge to whom the matter is assigned.

Dept 62 applies the same consequence to a report that is filed but is not joint. Depts 62, 72 and N-28 all require in person appearance at the TRC regardless.

Parties completely familiar with the case and possessing authority to enter into stipulations must be present at the scheduled hearing. Orders made will be binding on the parties and will not be subject to reconsideration due to an attorney's unfamiliarity with the case at the time of the hearing.

The same paragraph requires counsel to be ready to discuss unusual evidentiary or legal issues anticipated during trial and everything a party thinks could be stipulated.

A trial readiness conference on the issue of compensation will be set at the Case Management Conference. The plaintiff and other parties presenting valuation testimony at the trial must meet prior to the scheduled conference and complete, sign, and file a joint trial readiness conference statement in the form provided by the court and pursuant to Rule 2.1.15.

This is the only civil rule that says when the TRC gets calendared, and it is a special category rule. Do not extend it to general civil. Rule 2.1.9 on the case management conference does not mention the TRC at all, which I confirmed by reading the rule in full. It also confirms the Rule 2.1.15 five court day report deadline carries into eminent domain.

In all cases except unlawful detainer proceedings in which a party is represented by counsel under the Sargent Shriver Civil Counsel Act, written statements of the position of each party must be lodged with the settlement conference judge and served on other parties five court days prior to the settlement conference, unless otherwise ordered.

The rule has two paragraphs, not three. If service is by mail the papers go out not less than 10 days before the court date. The second paragraph reads: "Unless otherwise instructed by the court, settlement conference statements must not exceed five pages and must include the necessary information to concisely support issues of liability and damages, including a settlement demand and offer, as well as an itemization of special and general damages, and the last offer." The first paragraph also provides that "Settlement conference statements do not become a part of the file and will be discarded." Rule 2.3.1.1(A) makes Rules 2.3.1.1, 2.3.1.2 and 2.3.1.3 apply to BOTH voluntary and mandatory settlement conferences unless otherwise ordered, so this is not MSC only.

Such requests must be served on all parties at least five court days prior to the settlement conference.

The excused party must still be available by telephone for the whole conference, and counsel appearing must be completely familiar with the case and have authority to make an initial demand or counteroffer in a specific amount (Rule 2.3.1.1(E)). If the conference is before a temporary judge, the request goes to the independent calendar department. Rule 2.3.1.1(C) separately requires an insurer representative with settlement authority to attend in person.

A settlement conference on the issue of compensation will be set 15 days before the trial date if the parties have complied with the settlement conference rules. The plaintiff must attend the conference with its negotiating agent, and all defendants who claim compensation must be present except lienholders, if any.

Calendar days, not court days. The rule says 15 days without qualification, in contrast to the court day language used throughout Rules 2.1.15 through 2.1.18. Rule 2.3.1.2 then puts the settlement statement five court days before that conference.

Unless otherwise agreed between the parties, defendant shall prepare the exhibit binder(s) and plaintiff shall prepare the Joint Trial Notebook.

This is one department's order, obtained by extracting the hyperlink from inside the Dept 62 Policies and Procedures PDF; it is not linked from the Department Policies index page. Same order: "The exhibit binder(s) are to be comprised of TWO sets, an original with pre-marked with exhibit tags for the witnesses and a copy for the Court. The exhibit binder(s) shall contain full and complete copies of all premarked exhibits. The exhibit binder(s) are to be provided at the first day of trial." And: "The Joint Trial Notebook is to be provided to the Court at the trial call." The notebook's twelve items are table of contents, joint TRC report, operative pleadings, expert designations, motions in limine and oppositions in order with an index, joint witness list with a description of expected testimony, joint exhibit list, copies of trial briefs if any, joint statement of the case, proposed voir dire questions if any, jury instructions in agreed and not agreed packets showing who offers and who objects, and a special verdict form. Consequence stated in the order: "FAILURE OF COUNSEL FOR ANY PARTY TO COMPLY WITH THE ABOVE ORDERS MAY RESULT IN THE EXCLUSION OF EVIDENCE OR BE CONSIDERED AN ABANDONMENT OR FAILURE TO PROSECUTE OR DEFEND DILIGENTLY." Do not carry this to another department.

The Court requires counsel to bring to the Friday Trial Call a Joint Trial Notebook comprised of the following:

Same document, due the day trial commences: "Two sets of exhibit binders (original for the witness, pre-marked with Court Exhibit tags, and one copy for the Court)." Each exhibit must carry a discrete number; the department gives the example that labeling "Dr. Jones' file" collectively as Exhibit 25 is impermissible. Also three copies of the joint witness list, three copies of the joint exhibit list, and copies of deposition transcripts lodged on the shelf in front of the bench. This department also supplies the only published answer to when trial call sits relative to trial: "Trials typically start the Monday after the trial call, depending on the Court's calendar." TRCs are Fridays at 9:15 a.m., trial calls Fridays at 9:00 a.m. Compare Dept N-28, which requires "a trial notebook with an agreed statement of case, joint witness list, joint exhibit list with objections (otherwise waived) joint jury instructions with index, in order requested to be given (accompanied by objections including points and authorities), and proposed verdict forms/ special verdict forms," and states no copy count at all.

If the case is not settled in its entirety, all parties must prepare and sign a joint trial readiness conference report in the format set forth in the joint trial readiness conference report available on the Civil Forms area of the court's website at http://www.sdcourt.ca.gov. Separate reports will not be accepted.

The rule names no form number. It points to whatever sits on the Civil Forms area. The forms index currently lists that document as Joint Trial Readiness Conference Report Format, CIV-252 (Rev: 03/19). Pull it fresh rather than relying on a cached copy. The deadline shown here comes from the sixth sentence of the same paragraph, not from this sentence. The report must be prepared on pleading paper.

The completed report must be submitted to the judge five court days before the scheduled conference.

Court days under the rule. Two departments drop the word court: Dept 62 says the report "shall be filed five (5) days before the TRC pursuant to LR 2.1.15" and Dept N-28 says "filed five days prior to the TRC." Calendar to five court days, which is the earlier date in most weeks. CIV-252 separately says the information must be provided for filing at the conference, so the rule sets the outer deadline and the form describes the filing event. Dept 62 also wants a courtesy copy in the drop box on the second floor of the Hall of Justice.

Failure to disclose and identify all trial exhibits and witnesses intended to be called at trial and all other items required by the report may, in the court's discretion, result in exclusion or restriction of use at trial.

This is the enforcement hook for the whole trial document scheme in San Diego. The sanction is discretionary. The Dept 62 ATRO converts it into a flat rule for its own cases: exhibits not on the joint exhibit list, witnesses not on the joint TRC report, and jury instructions not listed in the report are each "subject to exclusion at trial," true impeachment exhibits excepted.

No part of the joint trial readiness conference report is to be received into evidence against any party in later proceedings.

Worth knowing before signing the certification block, which is under penalty of perjury and recites that discovery is complete.

During the trial readiness conference, the court will review with counsel and sign or issue the advance trial review order setting forth specific trial preparation requirements of the trial department.

This is the delegation sentence and it is the load bearing provision for trial preparation in this county. The trial binder, the copy count, the deposition designation procedure and the trial brief all live downstream of it. The ATRO is NOT on the Department Policies and Procedures index page; it is a hyperlink inside each department's Policies PDF (verified for Depts 62, 72 and N-28). Dept 72 tells counsel to review the ATRO before the TRC. Pull the assigned department's ATRO in every case.

Unless otherwise ordered by the court in a particular case, parties appearing remotely must submit and serve all evidence to the court at least five court days prior to the scheduled trial date.

This one genuinely runs from the trial date, unlike Rules 2.1.17 and 2.1.18. Subdivision (G)(2) adds that the parties must comply with Rule 2.5.6 on permissible exhibits and that "Original documents must not be submitted." Subdivision (G)(3) supplies the sanction: "Failure to exchange evidence may result in the court not considering that evidence." This is the only county civil deadline for getting trial exhibits to the court in advance, and it applies only when someone appears remotely.

The attorneys noted below certify that they have met and conferred jointly, made a good faith settlement demand or offer, but have been unable to settle the case. All deadlines, set by the court for exchange of experts have been met and all discovery is complete. The parties are prepared for trial. (Explain here any variance from the above recital.)

Signed under penalty of perjury, so verify the discovery-complete and expert-exchange recitals against the file before signing rather than adopting the form language. The parenthetical is the escape hatch: any variance gets explained in the report itself. The form's header block also requires the report to be prepared on pleading paper in accordance with the California Rules of Court and carries the trial date, time estimate, jury requested, jury fee deposited and court reporter requested fields.

Failure to file the Joint Trial Readiness Conference Report OR to appear at the Trial Readiness Conference may result in imposition of monetary sanctions, dismissal of the case, or entry of a default judgment. Failure to fully disclose all required items in the report may result in exclusion or restriction of evidence at trial.

Rule 2.5.12(A) is the general hook: "If any counsel, a party represented by counsel, or a party in pro per, fails to comply with any of the requirements of Division II of the San Diego Superior Court Rules, the court, on motion of a party or on its own motion, may set an order to show cause as to the appropriate sanctions that might be imposed." Subdivision (B) provides that where the failure is counsel's and not the party's, the penalty must be imposed on counsel and must not adversely affect the party's cause of action or defense. Dept N-28 states its own exposure more bluntly, including "exclusion of evidence, issue preclusion, denial of a claim of defense, dismissal, or contempt," citing Code of Civil Procedure sections 128.5, 177.5, 575.2 and 583.410, Government Code section 68608, and local rules 2.1.9(B), 2.1.19(A), 2.1.20 and 2.5.12.

The court will propose deadlines for the exchange of information concerning expert witnesses and their discoverable reports and writings in accordance with Code of Civil Procedure sections 2034.260 and 2034.270 at the Case Management Conference. Although the demand requirement of that section may be dispensed with at this hearing, all other provisions of Code of Civil Procedure section 2034.210 et seq. will be strictly enforced by the court.

The one expert limit is the third paragraph, quoted in full: "Parties will be permitted to designate only those experts they in fact intend to call at trial. It is the policy of the court that parties are limited to one expert per field of expertise per side, pursuant to Evidence Code section 723, absent a court order to the contrary." The same paragraph adds that the court decides who constitutes a side at trial. Dept 62 requires the expert designations themselves to be tabbed into the trial notebook. The CIV-252 certification recites under penalty of perjury that all court set expert exchange deadlines have been met.

List the names of all witnesses, including experts, as follows: (Note: Witnesses used solely for impeachment need not be listed.)

The form's table asks for NAME OF WITNESS and TYPE OF WITNESS (expert/percipient). Departments want more: Dept 62 and Dept 72 both require a short description of each witness's expected testimony (Dept 72's example is "Dr. Steven Smith, an orthopedic surgeon from County Hospital"), Dept 62 adds a list of disputed witnesses noting the requesting party, and the Dept 62 ATRO requires the joint list alphabetized by last name, three copies on the first day of trial, plus a separate Witness Time Estimate. Witnesses not on the joint TRC report are subject to exclusion under that ATRO.

Exhibits: (Counsel must prepare a joint numerical index of all exhibits.) Each exhibit must be separately listed. There must be no sub-parts to an exhibit. The index must be prepared in the format provided below and must indicate: (1) exhibit number; (2) by whom submitted; (3) a description of each exhibit sufficient for identification; (4) whether the parties have stipulated to admissibility, and if not, the legal ground(s) for objection(s).

Exhibits are numbered in San Diego, not lettered, and the index is joint. The form prints a nine item objection code list for the Grounds for Objection column: 1 No Objection: Admissibility Stipulated; 2 Irrelevant (Evid. Code 210); 3 Hearsay (Evid. Code 1200); 4 Best Evidence (Evid. Code 1500); 5 Inadmissible Opinion (Evid. Code 800); 6 Insufficient Foundation (Evid. Code 403) (Relevancy, Personal Knowledge Authenticity) (Evid. Code 1400, Identity); 7 Unduly Time Consuming, Prejudicial, Confusing, or Misleading (Evid. Code 352); 8 Subsequent Repair (Evid. Code 1151); 9 Other (Specify). The index also carries Date Identified and Date Admitted columns, the latter left blank. Dept N-28 treats objections not stated on the joint exhibit list as waived, and the Dept 62 ATRO makes exhibits not on the list subject to exclusion, true impeachment exhibits excepted.

On the scheduled trial date, the parties must submit to the court the full text of proposed jury instructions, double spaced on plain paper. They may include instruction numbers but the mere submission of a list of instruction numbers is not acceptable.

The county rule sets the trial date, but two earlier deadlines bite first. CIV-252 paragraphs F and G require the instruction lists inside the joint report five court days before the TRC, and the departments require the full packets in the trial notebook at trial call. The Dept 62 ATRO says it outright: "The full text of all proposed instructions must be presented to the trial judge at or before the time of the trial call." Build to the earliest department deadline.

Special jury instructions must be gender neutral and in plain English. A special jury instruction should not be proposed if the matter is addressed by a Judicial Council CACI instruction(s). Authority may be included on copies of special instructions submitted to the court, but should not appear on the originals.

Prepare two versions of each special instruction, one clean original and one annotated copy. The Dept 62 ATRO adds that the joint set runs CACI first in the order to be given, then the special instructions, with all blanks filled and all inapplicable bracketed material deleted, and that multiple packages arranged by party are not acceptable.

List standard jury instructions, requested by plaintiff(s), citing each instruction by number and Special Instructions by title. Copies of proposed Special Instructions must be presented to the court, at the conference, for review. THEY MUST NOT BE FILED WITH THE REPORT.

Paragraph G is near identical for defendants, with shall rather than must in the second sentence. Two deadlines live in one paragraph: the lists go in the report five court days out, the special instruction copies are hand delivered at the conference. Rule 2.1.16 separately requires the full text of all proposed instructions on the trial date, and the Dept 62 ATRO pulls it to trial call. Dept 62 also requires a list of disputed jury instructions noting the requesting party, and its ATRO requires objections flagged by post-it note identifying the objecting party.

If a Special Verdict form will be proposed, attach to the report.

One sentence, and it is the only verdict form provision at county level. The word verdict appears zero times in Division II, which I verified after whitespace normalization. Departments 62 and 72 both warn that if the parties fail to make a genuine effort to limit disputes on the form of the special verdict, the court will use a general verdict instead.

Nature of case: (provide a joint, brief, non-argumentative description of the case, suitable for reading to a jury panel).

This is the county's statement of the case and it is joint. Departments carry it into the trial notebook and will not take competing versions (Dept 72: "Joint Statement of the Case, in neutral form suitable to be read to prospective jurors. (Competing version not acceptable.)"). The Dept 62 ATRO adds, for jury trials, a brief summary of plaintiff's injuries if applicable and three copies submitted the first day of trial.

Parties are not required to file trial briefs in small claims appeals. However, if a party feels a brief is necessary, it must be filed at least five court days prior to the hearing and must not exceed five pages in length.

Small claims appeals only. It is here because an earlier draft asserted the phrase trial brief appears nowhere in Division II, which is wrong, and because the correct negative should be stated with the exception visible. For a general civil trial the trial brief is a department requirement: Dept 62 requires it filed five court days before trial call, its ATRO adds "Trial Briefs should be filed at the same time as MILs," and Dept N-28 requires it five court days before trial and makes it mandatory for court trials lasting more than one day.

The original deposition transcripts of all depositions which may be used at trial for any purpose shall be lodged with the Court prior to trial along with a list of any changes made by the deponent after the taking of the deposition.

The county rules set no deposition designation procedure at all. Rule 2.5.7, the only deposition rule in Division II, covers two unrelated things: that no deposition may be noticed for taking before the court or in court-controlled quarters without the presiding judge's written approval, and that a returned transcript may be opened by the clerk at a party's request and filed the day received. CIV-252 says nothing about depositions. So designations are entirely a department matter, and the department orders differ: Dept 62 has the full procedure quoted here, Dept 72 requires copies of the transcripts to be used at trial lodged on the shelf in front of the bench the day trial commences, and Dept N-28 requires outstanding depositions to be resolved by the TRC.

Unless otherwise directed by the court, counsel must file and serve motions in limine and opposition thereto five court days and two court days respectively prior to trial call.

Opens with Unless otherwise directed by the court, so the department's ATRO can move it. Custom offset token because the anchor is trial call, which the county rules never define. Departments want a courtesy copy (Dept 62 drop box on the second floor of the Hall of Justice; Dept N-28 asks for emailed courtesy copies) and the motions and oppositions indexed in order in the trial notebook. The Dept 62 ATRO requires each motion to be numbered sequentially showing the total, for example "Plaintiff Jane Doe's Motion in Limine to Exclude the Testimony of Joe Expert, [No. 1 of 6]."

Unless otherwise directed by the court, counsel must file and serve motions in limine and opposition thereto five court days and two court days respectively prior to trial call.

Same sentence as the motion deadline; the word respectively is doing the work. Live conflict at department level: Dept N-28 writes "MIL oppositions must be filed two days before trial," which is a different date whenever trial call is the Friday before a Monday trial start. Confirm with the department rather than assuming the department is restating the rule.

Motions in limine must be limited in scope in accordance with Clemens v. American Warranty Corp. (1978) 193 Cal.App.3d 444, 451, Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, 670-671, and Amtower v. Photon Dynamics, Inc. (2008) 158 Cal.App.4th 1582, 1593-1595.

Quoted as the rule prints it. Caution on the Clemens year: the rule prints (1978) for a case reported at 193 Cal.App.3d, which is not a 1978 volume. Verify the year before carrying that cite into a filing. The second paragraph reads "No written motion should be submitted on the following issues but an oral motion may be considered:" followed by (A) experts not designated under Code of Civil Procedure section 2034.300; (B) offers to settle and settlement discussions; (C) exclusion of nonparty witnesses from the courtroom before testifying; (D) Golden Rule arguments. Note that the Dept 62 ATRO mischaracterizes this rule as deeming those motions GRANTED at the TRC. It does not. Rely on the rule text. Rule 2.1.18 is the most recently revised provision in the set, Rev. 1/1/2026.

If counsel proposes juror questionnaires, the questionnaires must be accompanied by a Juror Questionnaire Cover Sheet and must be provided to the court 5 court days prior to trial call. If a proposed juror questionnaire is not timely submitted to the court, the request is deemed waived.

Custom offset token because the rule measures from trial call and Division II never defines trial call or places it relative to the first day of evidence. Departments hold trial call on a standing Friday (Dept 62 at 8:50 a.m., Dept 72 at 9:00 a.m., Dept N-28 at 8:30 a.m.) and Dept 72 states that trials typically start the Monday after trial call. So trial call is usually earlier than the trial date, which makes counting from the trial date late. Confirm the trial call date with the department before counting. The cover sheet is SDSC CIV-003 (rev: 04/08), confirmed on the forms index. Waiver here is automatic, not discretionary.

Any original documents necessary for a motion hearing or trial shall be lodged in advance of the hearing pursuant to California Rules of Court, rule 3.1302(b).

No number of days is given. Rule 3.1302(b) supplies the lodging mechanics but no trial specific deadline either. The department's ATRO is where a date comes from.

This rule does not apply to exhibits identified and marked for the record at the time of trial or other hearing.

So Rule 2.5.6's media storage device prohibition and paper format requirement govern exhibits attached to motions and pleadings, not trial exhibits. The one exception is Rule 2.1.2(G)(2), which pulls Rule 2.5.6 back in for a remote trial. What does govern physical trial exhibits is Division I Rule 1.4.2. Whether trial exhibits may be submitted electronically outside a remote trial is not answered anywhere in the county rules.

A party who intends to appear remotely for a trial must provide notice to the court and all parties or persons entitled to receive notice of the proceedings at least two court days prior to the trial readiness conference by filing and serving a "Notice of Remote Appearance" (JC Form #RA-010).

Second paragraph of subdivision (A), not the third. A witness appearing remotely gives the same notice at least two court days before trial unless a party already gave it. Opposition is on JC Form RA-015, filed and served no later than noon on the court day before the trial readiness conference, with a courtesy copy delivered to the department, and failure to oppose is a waiver of the objection. Unlawful detainer court trials count from the trial itself. Note that a different deadline, five court days, governs remote appearance at a non trial hearing under the first paragraph.

Unless specifically ordered by the court, all exhibits marked, identified and/or admitted into evidence in a civil case will be returned to the offering party at the conclusion of trial. The party to whom the exhibit is returned is responsible for maintaining and preserving that exhibit pending any post-verdict proceedings and appeals, until there is a final disposition of the action or proceeding.

Subdivision D is headed Exhibits in Civil Cases, and Division I's scope clause reads "These rules apply to all cases filed in or transferred to the courts of San Diego County," so this is squarely civil even though it sits outside Division II. Each exhibit must remain intact and in the same condition as during trial, and if a later proceeding needs one the introducing party must promptly deliver it to the court with notice to all parties. Dept 62 publishes a Stipulation for Release of Exhibits and its ATRO requires it signed by all counsel and filed on the first day of trial.

All exhibits must be individually tagged with the proper exhibit tag. Each exhibit tag must be properly completed and securely attached to the exhibit. Any exhibit improperly tagged, marked, weighed, or otherwise identified will not be accepted by any court. Original photographs must be substituted for any photographically enlarged exhibits.

The refusal list matters for construction defect trials. Exhibits that "will not be accepted by the exhibits custodian, and that will be ordered returned to the submitting party at the conclusion of the trial or hearing at which the exhibit was received" include "Foam-core boards or substantially similar material used for displaying exhibits such as, but not limited to, photographs, charts, drawings or maps" and "Large or irregularly shaped objects that do not fit in a records box that is 12 x 10 x 15 inches or smaller." Blow-ups get swapped for original photographs. If an exhibit is ordered returned, the submitting party must give the court a full and complete photographic or electronic record of it. Exceptions for large or irregular objects, firearms, ammunition, drugs or money go in writing to the Criminal Supervising Judge. Tag placement varies by department: Dept 62's ATRO says brown tags on the lower right corner, Dept 72's ATRO says the upper right corner.

If a case is ordered re-assigned to another department, all pending dates will be vacated and must be re-set in the new department.

Because the trial document requirements are department specific, a reassignment does not just move the dates, it changes the trial binder contents and the copy count. Pull the new department's Policies and Procedures and ATRO. The same rule provides that construction defect cases may be assigned to a designated construction defect department, and that a Civil Code section 1375(n) pre-litigation petition may be assigned there and keeps its case number when the complaint is filed. The third paragraph also allows a case to be reassigned to the master calendar at trial call if the assigned judge will not be trying it, in which case a Code of Civil Procedure section 170.6(a)(2) challenge must be made when the parties are notified of the new assignment.

Trial counsel for the parties and/or those appearing as self-represented are ordered to meet in person within the County of San Diego at least three (3) court days before the initial trial call date for the purpose of arriving at stipulations and agreements resulting in the simplification of triable issues.

The Dept 72 ATRO (revised 10/25/2023) carries the same sentence, without the self-represented clause, which suggests a shared template across departments but does not establish it for the other eighteen civil departments. The county rules impose no such meeting. This is the single earliest hard date in a San Diego trial workup and there is no county rule that would put a practitioner on notice of it.