San Mateo County trial binder and trial document requirements

Pretrial Conference will be held At least 14 days before the Trial Date

Quoted from the summary table row in Dept. 28 and Dept. 11. The other three departments carry the same 14-day interval in their own tables with different wording: Dept. 4 table row 'Pretrial Conference / At least 14 days before the Trial Date'; Dept. 20 table 'Pretrial Conference will be held / At least 14 days before the Trial Date'; Dept. 2 para. 6 table 'Pretrial Conference / 14 days before Trial' and para. 53 'A Pretrial Conference will occur at least 14 days before the Trial Date.' Dept. 28 para. 39 adds 'A Pretrial Conference is scheduled for ______, 2025 at 10:00 a.m. Lead trial counsel for each party must attend in person.' The local rules do not create this conference and do not mention it. It exists because each judge issues a pretrial order under the court's inherent authority.

The Pretrial Conference is deemed to be the commencement of trial for all purposes, including but not limited to discovery and motion cutoff, disclosure of witnesses and expert witnesses, and commencement of all trial-related fees, such as jury and court reporter fees.

This is the single most consequential line in the department orders and it has no analogue in the county rules. In the four departments that carry it, it pulls the CCP 2024.020 discovery cutoff forward by 14 days from the trial date. Dept. 20's version drops the word jury from the fee list because its order covers court trials too. I searched both Dept. 2 orders, jury and court, for this provision and it is not there in any form, so the prior draft's court-wide statement of it was too broad.

In all general civil cases as defined in CRC Rule 1.6(4), and in any complex cases in the discretion of the assigned Civil Judge, and in any Probate matters subject to Local Rule 4.3(c), the civil case will be set for a Mandatory Settlement Conference prior to trial. The Mandatory Settlement Conference will be conducted by a Civil Judge or Probate Judge who is not assigned as the single-assigned judge for that case.

The rule gives no interval between the MSC and trial. Each department's pretrial order carries a blank MSC date line. Dept. 11 para. 43 adds that the MSC date may change depending on which judge is assigned and that the assigned judge's clerk will contact counsel about the date, the time, and whether it is in person or remote, roughly a week in advance. Dept. 28 para. 43 instead tells counsel to check the court's website three to five days out. Dept. 2 para. 3 says the MSC judge will communicate directly to confirm.

No later than five (5) court days before the initial date set for the Mandatory Settlement Conference, each party shall lodge with the Court and serve on all other parties a Mandatory Settlement Conference Statement containing any and all information, facts, and details as required by CRC Rule 3.1380(c).

Lodge, not file. Rule 3.1100(g) puts a $250 minimum sanction behind any violation of Rule 3.1100, this subdivision included, and says sanctions 'shall be imposed,' not may. Waiver only on an application showing good cause.

Each party must submit a tabbed binder with its motions in limine in numerical order with the opposition immediately behind the motion within the same tab. Any declarations or requests for judicial notice submitted by the parties in support of or in opposition to the motions in limine along with any attached exhibits must be submitted in a separate tabbed binder. The binders must be submitted to the Court with the Joint Pretrial Conference Statement.

Per party, not joint. The quoted text is word for word the same in Dept. 28, Dept. 11 (jury and court versions) and Dept. 4. The deadline is the joint pretrial conference statement deadline, 14 days before the PTC. Dept. 20 para. 4 is close but not identical: it adds 'i.e. Plaintiff should submit one binder, and Defendant should submit one binder,' makes the second binder permissive ('may be submitted'), and adds 'Binders should be no more than 2-3 inches wide.' Dept. 2 para. 44 requires the motion and its opposition to be separated by a colored sheet of paper.

The parties shall e-file with the Court a Joint Pretrial Conference Statement at least fourteen (14) days before the Pretrial Conference that contains the following:

Dept. 4 para. 35 uses the same 14 days and the same six contents but says 'shall file' rather than 'shall e-file.' Dept. 2's order is internally inconsistent on this one and the conflict is unresolved: its para. 6 summary table says the joint pretrial conference statement is filed and hard copies delivered three court days before the PTC, while its para. 50 says 'at least 14 days before the PTC.' Confirm with Dept. 2 before calendaring. Dept. 4's contents list misletters its last two items as 'e' and 'd.'

The parties shall include the following documents in accordance with this order with their Joint Pretrial Conference Statement and provide courtesy copies to the Court delivered between the hours of 9:00 a.m. and 4:00 p.m. to the Central Courthouse, Department 28, Courtroom I, 800 North Humboldt St., San Mateo, California 94401: a. Proposed jury instructions; b. Proposed verdict form(s); c. Proposed jury questionnaire (if any); d. Proposed statement of the case; e. Joint witness list; f. Joint deposition designation binders (see paragraph 22(e), above); g. Joint exhibit list, including any disputed exhibits; and h. Binders containing the party's motions in limine, any oppositions, and any supporting declarations or requests for judicial notice in support of or in opposition to the motions.

This is the pretrial binder requirement. The two and a half inch cap comes from the summary table, which reads 'provide to the Court one (1) set of BINDERS NO MORE THAN 2 1/2 INCHES WIDE.' The order's cross-reference in item f to 'paragraph 22(e)' is the order's own error; the deposition designation subparts are 23(e) and 23(f). CONFIRM THE DELIVERY ADDRESS WITH THE DEPARTMENT. Dept. 4's version of this paragraph (para. 36) directs courtesy copies to 'Central Courthouse, Department G, 800 North Humboldt St., San Mateo,' but the court's own page for Judge Fineman says she sits in Courtroom 4C at the Southern Courthouse, 400 County Center, Redwood City, and that pretrial and trial documents go there. Department G is Judge Silberman's courtroom. Dept. 2's order says Courtroom K while the court's McCannon page says courtesy copies of pretrial and trial documents go to Courtroom J. Dept. 20 delivers to Northern Courthouse, Courtroom L, 1050 Mission Road, South San Francisco, by messenger or overnight mail. Dept. 28 para. 38 also requires the instructions, verdict forms, questionnaire, statement of the case and proposed orders to be emailed in Word to dept28@sanmateocourt.org.

Each party must provide the Court with at least three (3) complete sets of hard copy exhibits in tabbed BINDERS NO MORE THAN 2 1/2 INCHES WIDE that the party intends to introduce at trial and one (1) complete set of exhibits on a thumb drive at least fourteen (14) days before the Trial Date.

The order prints the fraction as a single one-character glyph; rendered here as 2 1/2. Note that because the pretrial conference is itself at least 14 days before trial, this delivery lands on or about the PTC date, not after it. This deadline varies by department more than any other item, so check the order in your case. Dept. 4 para. 29: one complete set in tabbed binders plus a thumb drive, at least 7 days before trial. Dept. 20 para. 31: four complete sets in tabbed binders plus one set on a thumb drive, at least 7 days before trial, and the order explains 'The four (4) copies needed are one for the Court, one for the witness stand, and one for each side (if there are multiple other parties, then add a copy per party),' with 'Exhibit Binders should ideally be no more than 2-3 inches wide.' Dept. 2 para. 18: three complete sets in tabbed binders plus thumb drives, the day of trial. The exhibit tag template is Appendix A to the Dept. 28, Dept. 11 and Dept. 20 orders.

At least forty-two (42) days before the Pretrial Conference each party must serve on all other parties (but NOT file) its proposed motions in limine, proposed jury instructions, proposed verdict form(s), proposed witness list, and proposed exhibit list. Anything that is not included in these served documents - i.e., motions in limine, witnesses, or exhibits - may be subject to denial or exclusion in the reasonable exercise of the Court's discretion.

Same 42-day rule in the other departments but in their own words and paragraph numbers, so cite the one in your case. Dept. 4 para. 31: 'Each party must serve (but NOT file) at least 42 days before that Conference its proposed motions in limine, proposed jury instructions, proposed verdict form(s), proposed witness list, and proposed exhibit list.' Dept. 20 para. 33 drops jury instructions and verdict forms from the list and names only motions in limine, witness list and exhibit list, though its summary table still lists all five. Dept. 2 is the outlier and uses 5 days, not 42, per its para. 6 table and para. 42. The court trial versions of the Dept. 28 and Dept. 11 orders cut the list to motions in limine, witness lists and exhibit lists.

All parties must meet and confer regarding motions in limine, jury instructions, verdict form(s), jury questionnaire (if any), a statement of the case, witness and exhibit lists, a pretrial conference statement (if required), and any other issues that may arise at trial no later than thirty-five (35) days before the Pretrial Conference. The meet and confer must take place in person or by videoconference. If the parties wish to meet and confer by telephone, they must obtain permission from the Court.

The quoted text is Dept. 28 and Dept. 11. The counterparts differ and carry different paragraph numbers. Dept. 4 para. 32 is the same 35-day deadline and the same subject list but reads 'The meet and confer must include discussions in person or by videoconference.' Dept. 20 para. 34 keeps the 35 days but shortens the subject list to motions in limine, witness and exhibit lists and the pretrial conference statement. Dept. 2 para. 8 uses 21 days before the PTC and adds deposition designations and exhibits to the list. Separately, every order carries a narrower motions-in-limine meet and confer at the same 35 days (Dept. 28 para. 3, Dept. 4 para. 3, Dept. 20 para. 2, Dept. 2 para. 39 at 21 days), and no motion in limine may be filed without a good faith effort to resolve the evidentiary issue first.

Once the trial begins, each party shall inform the other parties by 4:00 p.m. the prior business day of the identity of witnesses that the party anticipates presenting at trial the next court day, regardless of whether the witness will be presented live (including by remote technology), by video deposition, or through a deposition transcript.

Trial days differ by department and the prior draft had Dept. 11 wrong. Dept. 28 runs Mondays, Thursdays and Fridays (para. 42). Dept. 11 runs Tuesdays, Wednesdays and Fridays (para. 42). Dept. 4 runs Wednesdays, Thursdays and Fridays (para. 41). Dept. 20 runs Tuesdays, Wednesdays and Thursdays (para. 41). Dept. 2 runs Monday, Tuesday and Friday (para. 1). Dept. 20 also states it will generally not allow Zoom witness testimony absent exceptional circumstances and express authorization, and that any witness needing an interpreter must appear in person.

Upon assignment to a trial department for trial by a jury, each party shall file with that department the following: ... (4) A list of possible witness who may testify in the trial to be read to the jury panel by the court.

'possible witness' is the rule's own wording, quoted as printed. This is the voir dire conflict list, not the trial witness list. The substantive witness list with subject matter and time estimates comes from the department pretrial orders.

Each party must file a joint list of all the witnesses that the party intends to call at trial with the Joint Pretrial Conference Statement. The joint witness list must be in tabular form and contain the following: a. Name of the witness; b. Title of the witness, if any; c. Brief description of the subject matter of the witness' anticipated testimony; and d. Estimated length of the direct examination, cross-examination, and any redirect, and cross-redirect.

'Each party must file a joint list' is the order's wording, quoted as printed. Sourced to Dept. 20 because that is the copy in which the sentence and its subparts run without an intervening page break, but the identical text is at Dept. 28 and Dept. 11 paras. 22 and 23; Dept. 4 paras. 21 and 22 say 'all the witness' and list redirect and cross-redirect slightly differently. Dept. 2 paras. 22 and 23 require a PER-PARTY list, not a joint one, ask for direct, cross and rebuttal, and print a worked example table. This list also gets served 42 days before the PTC under the service paragraph.

Any party intending to offer any exhibit at the time of trial shall be prepared, by the time of assignment to a trial department, with an original and sufficient copies of each such exhibit for all other parties and the court. The court may make, in its discretion, any orders it deems appropriate regarding the exchange and presentations of exhibits.

Division II, Chapter 6, Civil Trial Rules, heading 'Production of Exhibits.' This is the county rule's only exhibit provision for trial and it does not require a written exhibit list. The second sentence is the closest thing in the county rules to an express delegation on exhibits, and every department has used it.

The parties must file a joint exhibit list identifying all the exhibits that the party intends to introduce at trial with the Joint Pretrial Conference Statement. The joint exhibit list must be in tabular form and contain the following: a. Exhibit number; b. Brief description of the exhibit (with any bates numbers if they exist); c. Sponsoring witness; d. Date marked for identification (left blank); and e. Date admitted into evidence (left blank).

Sourced to Dept. 20 because that copy runs without an intervening page break; identical text at Dept. 28 and Dept. 11 paras. 28 and 29. Dept. 28 para. 26: 'Exhibits shall be numbered. NO letters may be used.' Dept. 11 adds 'Neither party shall use letters -- e.g., the exhibits must be numbered 1, 2, 3, NOT 1(a), 1(b), 1(c).' Plaintiff takes the first block, defendant's numbers start after plaintiff's, and if both mark the same exhibit the defendant withdraws the duplicate without renumbering. Disputed exhibits go in with the joint statement with a one-page double spaced explanation each. Dept. 2 paras. 11 through 21 require a per-party list, add a column for whether admissibility is stipulated, require multi-page exhibits to be paginated or Bates numbered, and require redaction of insurance and other agreed-out information from medical, personal and consumer records.

A. Reference California Rules of Court, Rules 2.1055 and 2.1050. B. The Trial Department shall determine in its discretion the timing of submission of proposed jury instructions.

This is the county rule set's clearest delegation to the department. Division II, Chapter 4, Jury Rules. Chapter 4 is not captioned civil, but Rule 2.7.3 cross-references CCP 607a and 609, which are civil trial sections, and Rule 2.11 in the same division is captioned Return of Exhibits in Civil Cases. Amended eff. 1/1/2007.

In addition to a hard copy of the proposed jury instructions, counsel shall provide the modified instructions on a CD or USB flash drive, also commonly referred to as a thumb drive, and a clean copy of the instructions to be given to the jury.

The three-copy requirement is a county rule and carries no deadline of its own, because Rule 2.7.1(B) gives timing to the department. The first sentence of Rule 2.7.2 is the fill-in-the-blanks duty, quoted here because it is the enforceable half: 'Before delivery of proposed jury instructions to the trial judge and opposing counsel, counsel shall fill in all blanks, make all strikeouts, insertions and modifications therein which are appropriate to the case. Submission of a form, which requires additions or modifications to constitute a complete and intelligible instruction, shall not be deemed a request for such instruction.' Rule 2.7.2 has no subdivisions. Amended eff. 1/1/2010.

All proposed jury instructions shall conform to the requirements of California Rules of Court, Rule 2.1055. Any jury instructions requested after the conclusion of taking evidence shall be in writing.

Rule heading as printed is 'Form of Proposed Jury Instructions (CCP 607a, 609,)', the stray comma included. No subdivisions. Amended eff. 1/1/2007.

The parties shall file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions, with the Joint Pretrial Conference Statement. The parties must include copies of the actual instructions and NOT merely a list of instruction numbers.

Dept. 28 para. 13 controls the format of the set that goes to the jury: no headings showing who requested an instruction or whether it was given, modified or refused, only the CACI number and title at the top of the first page, case name, number and page number in the footer. Dept. 2 paras. 29 through 33 and Dept. 20 paras. 11 through 16 are the same scheme in their own words; Dept. 20 spells it 'arraigned' for arranged. Jury trials only. The court trial versions of the Dept. 28, Dept. 11 and Dept. 2 orders contain no jury instruction section at all, and no reference to jury instructions anywhere.

Before final argument and after submission to the trial judge of all proposed jury instructions, verdict and findings forms, a conference outside the presence of jurors will be held.

This is the only place in the county rules where verdict forms appear as something submitted to the court, and it fixes no deadline. The meet-and-confer duty is the last operative paragraph: 'Counsel shall meet prior to this conference to discuss each other's jury instructions and classify them into (1), (2) and (3) above.' Rule 2.7.4 adds that if the judge makes a substantive change to instructions or verdict forms after the conference, all parties are told on the record outside the jury's hearing. Both adopted eff. 1/1/2000, unamended.

The parties shall file either joint proposed verdict form(s) or, if they disagree, separate proposed verdict forms with the Joint Pretrial Conference Statement.

This sentence is word for word identical in all five departments' jury orders, which is why every department is cited here. Jury trials only. Dept. 28 paras. 19 and 20 add voir dire and jury questionnaire to the same filing: the court runs initial voir dire under Standards of Judicial Administration 3.25(c), and any questions the parties want asked, plus any questionnaire, go in with the joint statement. The order states the court's preference is not to have a questionnaire.

Upon assignment to a trial department for trial by a jury, each party shall file with that department the following: ... (3) A concise non-argumentative statement of the case to be read to the jury; and

The county rule contemplates a per-party statement. The department pretrial orders require a JOINT statement of the case filed with the joint pretrial conference statement, and Dept. 28, Dept. 11 and Dept. 4 cap it at one page double spaced. This is the only place the phrase 'statement of the case' appears anywhere in the county rule book.

The parties must file a joint proposed statement of the case to be read to the jury during voir dire with the Joint Pretrial Conference Statement. Unless the case is very complex, this statement should not exceed one-page double spaced. The statement should be neutral rather than argumentative. The parties shall also include the names of attorneys and witnesses to be read to the jury.

The order cites Standards of Judicial Administration, standard 3.25(b). Jury trials only. Dept. 20 para. 21 and Dept. 2 para. 38 impose the same requirement in slightly different words. Compare Local Rule 2.20(3), which calls for a per-party statement filed on assignment to a trial department. The department order supersedes that in practice: joint, and due 14 days before the pretrial conference.

Upon assignment to a trial department for trial by a jury, each party shall file with that department the following: ... (2) Any trial briefs;

'Any trial briefs' is permissive. Of the five civil departments only Dept. 20 affirmatively requires a trial brief, and it does so in its summary table. The other four orders do not mention one. The elision in the quote skips subdivision (1), which is quoted in its own row.

Trial Brief (10-page limit) At least 14 days before the Pretrial Conference

Quoted from the summary table row. This row rests on a table cell, not on an operative sentence, and the reader should know that. The phrase 'trial brief' appears exactly once in the Dept. 20 order and nowhere in the other four orders, so the table is the whole requirement: a deadline and a page cap, no content list. The 14-day reading is sound because the table carries seven events against six deadline cells, the trial brief shares its cell with the joint pretrial conference statement row, and Dept. 20 para. 36 independently fixes the joint statement at 14 days before the pretrial conference. Local Rule 2.20(2) is permissive, so no other San Mateo civil department requires a trial brief. Dept. 20's order applies to both court and jury trials.

The parties must jointly submit one binder with a joint pleading that has the designations, objections and responses followed by tabs for each witness with the designation highlighted in yellow and any objections bracketed in red. The designating party shall provide the opposing parties the designation(s) and highlighted sections two weeks before the statement is due. The parties shall then meet-and-confer about any objections at least five days before the binder is due.

Working backward from a PTC 14 days before trial: designations served 28 days before the PTC, objections meet and confer 19 days before, binder lodged 14 days before. Dept. 28 para. 37(f) miscites these subparts as 'paragraph 22(e)'; they are at 23(e) and 23(f). Dept. 2 runs its own schedule, paras. 24 through 27: designations to opposing parties 5 days before the PTC, joint pleading with designations, objections and responses filed 3 court days before the PTC, objections and responses one page maximum, same yellow highlight and red bracket convention. The county rules say nothing about deposition designations.

Any in limine motions shall be served upon opposing counsel not less than five (5) days prior to trial.

Division II, Chapter 6, captioned CIVIL TRIAL RULES, so the division is confirmed civil. Adopted 1/1/2002 and never amended. Rule 2.21 has no subdivisions. Every department pretrial order now sets a far earlier date measured from the pretrial conference, and where a department order issues it controls in practice. Do not calendar to this rule if you have a pretrial order.

Any response shall be served upon the proponent of the motion not later than the first appearance in the Department of the Presiding Judge for trial assignment.

This sentence describes a master calendar the civil division no longer runs. Since January 1, 2021 every general civil case is assigned to a single civil judge for all purposes under Local Rule 3.200(a), and trial assignment through the Presiding Judge's department is not how a civil case reaches trial. The rule remains printed and unrepealed in the July 1, 2026 book. Treat the department pretrial order's opposition deadline as the operative one and confirm with the department.

Upon assignment to a trial department for trial by a jury, each party shall file with that department the following: (1) Any in limine motions and response thereto;

Division II, Chapter 6, Civil Trial Rules. Rule heading is 'Trial Motions, Briefs, Statements, and Witness Lists.' By its terms Rule 2.20 governs jury trials only. Same caveat as Rule 2.21: the trigger is assignment to a trial department, which predates the 2021 direct calendar.

Motions in limine and their oppositions must be e-filed with the Clerk' Office no later than twenty-one (21) days before the Pretrial Conference. No replies will be permitted without leave of the Court.

"Clerk' Office" is the order's own typo, quoted as printed. Dept. 4 para. 4 is the same 21 days but says 'filed,' not 'e-filed.' Dept. 20 para. 3 splits the deadline: motions e-filed 21 days before the PTC, oppositions 14 days before, and 'Late filings may not be accepted by the Court.' Dept. 2 is far tighter, para. 42 and para. 43: motions served 5 days before the PTC and motions plus oppositions e-filed no later than three court days before the PTC. Dept. 28 para. 9 requires each proposed order to be specific enough that a witness can understand what testimony is barred. Dept. 2 paras. 40 and 41 go further and refuse administrative motions and motions that do not specify the evidence, citing Kinda v. Carpenter and R & B Auto Center.

Failure to comply with any provisions of the Code of Civil Procedure, the California Rules of Court, or any of these local rules may result in any or all of the following sanctions, on motion of a party or on the court's own motion: (a) Dropping the matter from the calendar; (b) A fine paid to the Clerk of the Court by the responsible party or counsel; (c) Order for payment of reasonable costs and expenses, including attorney fees, to the opposing party; (d) Other sanctions authorized by CCP Section 575.2, GC 68608(b), CRC 2.30, infra or other law.

Introduction division, ahead of Divisions I through XI, so it is not division specific. Adopted eff. 7/1/1996, amended eff. 1/1/2007, page footer Revised 1/1/2010, still printed in the July 1, 2026 book. The court treats it as the general sanctions authority: Division IV writes 'Failure to comply with local rules may result in sanctions under the Superior Court of California, County of San Mateo Local Court Rule 0.2.' This is the rule the prior draft missed when it reported that Local Rules 2.20, 2.21 and 2.22 carry no consequence.

After the parties have participated in an ADR process in any general civil case, the Court will issue notice setting a Case Management and Trial Setting Conference before the assigned Civil Judge. At the Case Management and Trial Setting Conference, the Civil Judge will consider the facts and circumstances identified in CRC Rules 3.728 and 3.729. Trial counsel for all parties shall attend the Case Management and Trial Setting Conference. Thereafter, the Court will issue notice(s) of the date set for Mandatory Settlement Conference, the date set for commencement of trial, whether the trial will be by court or jury, and the anticipated length of trial.

Division III, Direct Calendar Civil Departments, page footer Revised 1/1/2026. Rule 3.100 makes Division III applicable to all general civil cases and unlawful detainers. Note what the rule does not set. It names the MSC and the trial date and says nothing about the department pretrial conference, which is where the trial documents actually come due. That conference exists only in the individual judges' pretrial orders.

At least fifteen (15) calendar days before the date of the Case Management and Trial Setting Conference, counsel for the parties and any self-represented parties shall file and serve, jointly or individually, a written Case Management and Trial Setting Conference in prose and in detail, not using the standardized Judicial Council form CM-110.

The rule as printed reads 'a written Case Management and Trial Setting Conference,' dropping the word Statement. That is the court's typo, quoted as printed. The next sentence supplies the word. This is a trial-setting paper, not a trial document, and it is not part of the trial binder.

The Unlawful Detainer Pretrial Conference will be held approximately four (4) days prior to the date set for trial, and conducted by the Civil Commissioner. All parties and their counsel of record must attend the Pretrial Conference in person, unless otherwise ordered by the Court.

This is the only pretrial conference the county's civil rules actually schedule, and it is limited to unlawful detainers. The agenda is settlement plus jury demand, jury fee deposit, whether the trial will be to the court, whether the parties will stipulate to the Commissioner, and length of trial. No trial documents are ordered by this rule. Dept. 20's pretrial order adds that in unlawful detainers all of its pretrial requirements are due at the day and time of the joint pretrial conference and trial date, typically the Monday following a Friday referral from the Civil Commissioner.