Santa Barbara County trial binder and trial document requirements

If your case is determined to be going forward at the time of the Trial Confirmation Conference, you will be set for a Pretrial Conference, and subsequent trial commencement date and time, or advised if you will trail.

The department calls it a Trial Confirmation Conference, not a trial readiness conference. The published calendar puts it Monday at 11:30. Document carries no printed revision date, so edition is unknown. This is the anchoring conference the county's local rules do not supply.

The decision of the court will be directed to the List of Controverted issues prepared at the Issues Conference. Trial briefs directed at key controverted issues, complete with points and authorities, shall be submitted to the court no later than three (3) days prior to the date set for trial.

This is the county's only published issue conference and it is a bench-trial device. SM 2 prints it as "Issues conference," lower case. Note the offset is three days, not three court days, and it conflicts with the five court day jury-trial trial brief deadline in the same document, so the bench-trial brief is due later than the jury-trial brief in the same department. Neither document says when the Issues Conference is set, which stays an unknown.

a. A Mandatory Settlement Conference will be required, in appropriate cases, at least ten (10) days prior to trial. b. The MSC will be set on the record by the judge to which the case is assigned. Personal appearances are required at the MSC and Zoom will not be authorized. Last-minute cancellations and date changes are not authorized.

The statement deadline runs off the MSC date, not the trial date, verbatim: "The judicial secretary will send out the MSC/Mediation Requirements to the parties. The requirements are to be filed with the court one (1) week prior to the scheduled MSC." Both departments add that good faith participation in early mediation will ordinarily excuse the MSC.

No later than five court days before the initial date set for the settlement conference, each party must submit to the court and serve on each party a mandatory settlement conference statement as required by CRC 3.1380(c) and Local Rule 1423.

Caution on the authority. The department's own cross-reference to Local Rule 1423 is to a FAMILY LAW rule in Chapter Fourteen. SM 4 hears civil, family, probate and small claims, and the policy is not split by division. For a civil case rely on CRC 3.1380(c) for the content of the statement and on this department policy for the five court day timing. SM 4 also notes that to keep the brief confidential you select the eFiling code "Settlement Conference Statement."

Rule number 1305 is reserved for future use.

Still captioned MANDATORY SETTLEMENT CONFERENCE; CRC 3.1380. Do not substitute Local Rule 1423(c), which does carry a five court day settlement conference statement deadline: that rule is Chapter Fourteen, FAMILY LAW RULES, and requires an Income and Expense Declaration. Note that Dept. SM 4's own policy cites Local Rule 1423 for its civil MSC statement, which is the department citing a family rule.

The Court may order one or more mandatory settlement conference in all cases to be conducted pursuant to CRC 3.1380. At the request of the parties, the Court may in its discretion order mediation in addition to or in lieu of a mandatory settlement conference.

Chapter Eleven is the ADR chapter and applies to civil. The rule sets no date relative to trial and no local statement deadline, so CRC 3.1380(c) supplies the statement unless the department sets its own, which SM 1, SM 2 and SM 4 each do.

Personal attendance at the CMADRESS and mandatory settlement conferences is required of all parties, their attorney and any claims representatives, except for defendants who are fully insured and represented by a claims agent for their insurance carrier and who do not have to consent to a settlement. Requests for excused personal attendance must be directed to the Mandatory Settlement Conference Judge.

The subdivision opens with the good faith duty: "All parties are required to participate in court ordered ADR processes in good faith." The excuse request goes to the MSC judge, not the all-purpose judge, which in a direct calendar county are usually different people. Continuances, verbatim from Local Rule 1103(b): "Any continuance of dates scheduled for ADR, including mandatory settlement conference dates and completion dates, must be directed to the assigned trial judge." SM 1, SM 2 and SM 4 all say Zoom will not be authorized for an MSC.

At least three court days prior to the Trial Confirmation Conference date, all parties shall meet and confer and prepare a joint evidence binder with sufficient copies for the witness stand, the bench, and each side in the case.

Joint, not per party. The binder spec, verbatim: exhibits numbered serially, single sided, without designation as Plaintiff's or Defendant's; each party assigned a block of numbers with the lowest block to plaintiff; a separate numbered tab for each exhibit or group exhibit; internal Bates or pagination within group exhibits; impeachment exhibits need not be in the binder but each needs a numbered "reserved" tab; medical bills tabbed separately from medical records; and "Please label the bookends of the exhibit binders to indicate which exhibit numbers are contained within the binder." This is the binder rule the draft said did not exist.

Evidence Binder: Each party, if they have not already done so, shall meet and confer and bring to the clerk of Dept 4 on the first morning of trial their evidence binder, with sufficient copies for the Judge, witness stand and a copy for each side in the case.

Six numbered requirements follow, verbatim: exhibits numbered serially without Plaintiff's or Defendant's designation; each party assigned a block with the lowest block to plaintiff; "There shall be a separate, numbered tab in the binder for each exhibit or group exhibit"; internal Bates or pagination for group exhibits; impeachment exhibits need not be in the binder but each needs a numbered "reserved" tab; medical bills tabbed separately from medical records. The size limit is in the same order: "The evidence binder(s), each binder shall not exceed 2 1/2 to 3 inches." A multi-party construction defect set will run to many binders at that cap.

Courtesy copies of all exhibits must be brought to the court on the first day of trial (Court copy, Witness copy, Clerk copy, and Counsel copy). The Clerk's copy of the exhibits will be maintained for the record.

SM 4 states it as "Courtesy copies of all exhibits shall be brought to the court on the first day of trial (Court copy, Witness copy, Clerk copy, and a copy for each Counsel)," which is the same rule with the per-counsel copy spelled out. This answers the copy-count question for the Santa Maria departments and it is a physical-delivery requirement on day one, not an e-filing.

c. For more than five (5) exhibits, exhibit packets shall be assembled in an exhibit binder, using numbered tab pages before each exhibit. d. Plaintiff/Petitioner is assigned Exhibits 1 through 200 and Defendant/Respondent is assigned Exhibits 201 through 400. e. If exhibits exceed 200, please contact the department for further guidance on numbering.

These three departments restate the countywide exhibit protocol text inside their own policies and drop the remote-appearance limitation, which is what makes the binder requirement usable at an in-person trial in Santa Maria. The first page of the packet is the Exhibit List on local form SC-1043. A defect case with several defendants will blow past the two-block scheme, which is what the call to the department is for.

Hard copies of all exhibits must be delivered to the Court at least three business days prior to the scheduled hearing or trial. Exhibits must be organized in the order they are listed on the Exhibit List.

The document's title reads "Countywide Exhibit Protocol for Authorized Remote Appearances Only" and its instruction heading reads "Instructions for preparing the exhibit packet for remote hearings," so it does not govern an in-person trial. It lists Depts. SM 1, SM 2, SM 4, SB 3, SB 4 and SB 5. The delivery section of the same document writes "3 business (court) days" and then "at least 3 court days," so the document contradicts itself on what a business day is. Count court days and deliver early. Offset tagged -3_days because paragraph 1 says business days.

a. For 5 or less exhibits, with the total number of pages of all exhibits combined, not exceeding 25 pages: Each exhibit shall have a divider sheet in front of the actual exhibit. (If the number of pages exceeds 25, follow the instructions in b.) The divider sheet shall be blank except for the exhibit number displayed at the bottom. Example shown below. b. For more than 5 exhibits, Exhibit packets shall be assembled in an exhibit binder, using numbered tab pages before each exhibit.

Both conditions have to be met to use divider sheets instead of a binder: six one-page exhibits go in a binder, and five exhibits totaling 30 pages go in a binder. Numbering is by side, verbatim: "Petitioner/Plaintiff shall use numbers 1 - 200. Respondent/Defendant shall use numbers 201 - 400." SM 1, SM 2 and SM 4 have adopted this same text into their own department policies without the remote limitation, which is the authority to cite for an in-person trial.

The Court will retain all physical exhibits at the end of the hearing, unless the parties stipulate and the court orders the exhibits be returned to the respective parties in accordance with CCP 1952.

Published both in the remote protocol and, without the remote limitation, in the three Santa Maria department policies. Build the binder on the assumption you do not get it back. Department SB 4 runs the opposite default by stipulation in its Pre-Trial Order Court Trial, where counsel retain custody of their own marked exhibits until 30 days after the time to appeal expires. Also, verbatim from the protocol and all three SM policies: "DO NOT include any ex parte correspondence to the judge with your exhibits submission."

Trial exhibits. Trial exhibits are to be filed, lodged, or otherwise made available to the court pursuant to the respective department's policy and orders for such exhibits.

Chapter Ten, General Court Procedures, applies to civil. Trial exhibits are the seventh of seven carve-outs from mandatory e-filing. Read with Local Rule 900: "The Court maintains a direct calendar system with cases generally assigned to one department for all purposes including trial." So the all-purpose judge is the trial judge whose exhibit policy governs. Verified in the Effective January 1, 2025 PDF.

Five court days prior to Trial Confirmation Conference date, each party shall file, serve, and email to all counsel of record and to the court, at csterne@sbcourts.org, as an email attachment (Microsoft Word preferred) the following: Note: Please email copies to the Judge's clerk in Word format at srebernik@sbcourts.org. 1. The table of contents of the party's evidence binder. 2. A complete witness list 3. A Trial Brief 4. Any In Limine motions.

The anchor is the Trial Confirmation Conference date, not the trial date, and the difference is real because SB 5 confirms first and sets the trial date afterward. The same paragraph adds: "For court trials, in limine motions are heard at the commencement of trial. For jury trials, in limine motions are usually heard at the time of the pretrial conference." Email copies go both to the judge and to the clerk.

All Trials: Each party, if they have not already done so, shall forthwith file, serve and, e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) the following: 1. The table of contents of the party's evidence binder 2. A complete witness list of the party's proposed witnesses; 3. The party's trial brief; 4. Any in limine motions.

This is a signed form order with checkboxes, not a standing order, so it binds when the judge signs it at trial call. "Forthwith" is the stated deadline and no number of days is given. The order also carries its own sanction: "Failure to comply with any of these orders will subject the non-complying party or attorney to sanctions." The order's link to a blank pre-trial order points to an sbcourts.org path that no longer resolves; the current copies are on the Judicial Assignments page.

Trial briefs, with a separate agreed upon statement of the case, are to be e-filed at least five (5) court days before the trial date with a courtesy copy e-mailed to SM1Continue@sbcourts.org. Use eFiling code "Trial Brief" and add the trial date in the Filing Description field.

SM 1 and SM 2 publish word-for-word identical trial sections; only the department email differs (SM2Continue@sbcourts.org). The exhibit list rule, verbatim: "A joint exhibit list, to the extent possible, and separate exhibit lists otherwise, is to be e-filed at least five (5) court days before the trial date." The witness list rule, verbatim: "Witness lists must be e-filed to show to the jury at the outset of voir dire with a courtesy copy e-mailed to SM1Continue@sbcourts.org at least five (5) court days before the trial date." Each carries a required eFiling code. SM 1 is currently vacant; treat its policy as the department's, not a named judge's.

Trial briefs are to be e-filed at least three (3) court days before the trial date, with a courtesy copy e-mailed to SM4Continue@sbcourts.org. Use eFiling code "Trial Brief". Add the trial date in the Filing Description field.

SM 4 runs three court days where SM 1 and SM 2 run five. The exhibit list rule, verbatim: "A joint exhibit list, to the extent possible, and separate exhibit lists otherwise, is to be e-filed at least three (3) court days before the trial date." The witness list rule, verbatim: "Witness lists must be e-filed at least three (3) court days before the trial date, to show to the jury at the outset of voir dire." The document carries no printed revision date, so the edition is unknown. Judge Beebe is the North County Civil Supervising Judge.

Electronic evidence such as CDs, DVDs, and other media will not be downloaded or duplicated by the Court during the hearing. Quick Response or "QR codes" will not be accepted.

Screen sharing, verbatim: "During the hearing, Parties must be prepared to display exhibits on screen to testifying witnesses who appear remotely." The burden is on the party. SM 1, SM 2 and SM 4 carry the media sentence in their own department policies without the remote limitation. This matters for drone footage, moisture meter logs and anything else a defect expert hands over on media: plan a playback method that does not require the court to open the file. Courtroom projector and document camera availability by courtroom is published separately at https://live-jcc-santabarbara.pantheonsite.io/system/files/general/courtroom-equipment_0.pdf (updated 06/2024).

All electronic documents must be in text searchable format and must comply with the formatting and content requirements of the California Rules of Court for electronic documents, including particularly CRC 3.1110(f)(4) requiring electronic bookmarks.

Size cap, verbatim from 1007(a): "A single e-filed or e-lodged document may not be larger than 25 megabytes." That rule is captioned for administrative writ records but says it applies "In all cases where exhibits or other documents are required to be e-filed or e-lodged under Local Rule 1012," and it strongly encourages an appendix of the specific cited pages, which is useful where a defect expert report runs hundreds of megabytes. Courtesy copies, verbatim from 1012(b)(3): "Courtesy Copies. The court may by order require the delivery of paper courtesy copies of e-filed documents." There is no standing courtesy copy rule and no page threshold at county level, but SM 1, SM 2 and SM 4 each require an emailed courtesy copy of every trial document as a department matter.

B. Seven (7) calendar days in advance of the trial call please submit: (1) Your witness list (in alphabetical order); and (2) Your in limine motions (numbered consecutively) with proof of service by fax or electronically; and (3) Your preferred statement of the case; and (4) Your proposed verdict forms; and (5) Your proposed jury instructions (CACI numbers only) provided that you must submit the language for your proposed customized and special instructions (this includes jury instructions for all "affirmative defenses"); and (6) Your trial brief, and (7) Your exhibits list.

The anchor is the TRIAL CALL, a date the court sets, not the trial date, and the offset is calendar days, not court days. Anchor token court_order is used for that reason. Seven items on one date, which is the whole SB 3 trial-document package. The guidelines carry no printed effective or revision date, so the edition is unknown, and the list runs A, B, D, E with no item C in the published text. Judge Anderle sits in SB Dept. 3 at Anacapa and is on the civil tentative rulings roster.

d. Exhibits will be exchanged between lawyers at the pretrial conference if not already done. If any exhibits have to be redacted, we will address that at the pretrial conference. Try to agree on those exhibits that can go into evidence without laying a foundation. Exhibits must be admitted into evidence before they are published to the jury.

Anchor tagged trc_date because the department calls it the pretrial conference, whose date the court gives later: "You will be notified of the true actual date and time set for the pretrial conference and the trial date well before the actual trial commences." SB 3 publishes no separate exhibit binder or tab specification, only the exhibits list due at 7 calendar days. For binder mechanics in SB 3 you have to ask the department.

No exhibit, except an impeachment exhibit, shall be marked for identification or received in evidence if it is not identified and described on the trial exhibit index, except for good cause shown.

The same sentence appears in the Pre-Trial Order Court Trial. This is the consequence clause that makes the exhibit index a hard gate, not a convenience. The department publishes a Trial Exhibit List Template whose instruction reads: "Please fill out the exhibit number, party and description columns only and email as a WORD attachment to Dept 4 Secretary phiromerides@sbcourts.org."

Parties shall exchange their Exhibit List and their proposed exhibits, organized as above, by providing to the other party, copies of the exhibits submitted to the court, at least five (5) business days prior to the scheduled hearing or trial, unless a different date is set by the court.

The department text says business days, so the offset is calendar-business days, not court days, and I have used -5_days rather than -5_court_days for that reason. This is the same sentence as the countywide protocol but published without the remote limitation, so it is the better authority for an in-person trial. Electronic delivery to a self-represented party needs that party's consent and a verified email address.

The first page of the exhibit packet shall be the Exhibit List. The Exhibit List shall list (in numerical order) the number of the exhibit, the type of exhibit, and a brief description of the exhibit. Parties may print or download the Exhibit List form (SC-1043) from the court's website.

SC-1043 prints "SC-1043 [New Nov. 2020]" under the heading EXHIBIT LIST at https://www.santabarbara.courts.ca.gov/system/files/sc-1043.pdf. Its printed type codes are DOC document, PHO photo, MED medical record, DIAG diagram, CHA chart or poster, OTH other, plus court-use columns for ID date, admitted date, withdrawn, stipulation and date released. Do not verify the form number against Appendix 2 of the local rules, whose number and title columns are misaligned in the PDF. Department SB 4 uses its own Trial Exhibit List Template instead.

Jury Instructions: Five court days prior to the Trial Confirmation Conference, each party shall file, serve and email to all counsel of Record, to the Judge at csterne@sbcourts.org, and to the Judge's clerk at nreigelman@sbcourts.org as an email attachment in Microsoft Word format the following: 1. A list of the parties' requested CACI instructions, by number. 2. A document containing the text of each CACI instruction as the party wants it given; and 3. The text of any requested special jury instruction, with supporting authorities. 4. A proposed jury verdict form. 5. A joint Statement of the Case, or one may be submitted by each side if there is disagreement as to the content.

One row covers jury instructions, the verdict form and the statement of the case because the department sets them in a single list on a single date. Note the clerk email here (nreigelman) differs from the clerk email in the all-trials paragraph (srebernik), which is how the document reads. The department also sets jury fees: "Initial Jury fees must be posted 25 days prior to trial."

Jury Trials: Each party, if they have not already done so, shall forthwith file, serve, and e-mail to the court at dgeck@sbcourts.org as an e-mail attachment (Microsoft Word preferred) the following: 1. A list of the parties' requested CACI instructions, by number; 2. A document containing the edited text of each CACI Instruction as the party wants it given 3. The text of any requested special jury instruction, with supporting authorities;

The verdict form deadline comes from the companion Pre-Trial Order Civil Jury, verbatim: "Proposed jury verdict forms shall be submitted at the same time as the proposed jury instructions." That order also sets an 18 hour catch-up clock after the pretrial conference for jury instructions, witness lists and the binder table of contents, and adds: "Except for good cause shown, all supplemental requested jury instructions shall be submitted at the earliest opportunity and no later than 24 hours before the jury instruction conference."

A list of proposed jury instructions by CACI numbers and any pinpoint instructions, special findings, and verdict forms are to be e-filed five (5) court days before the trial date. Any proposed language that is added to and/or differs from the CACI approved language shall be identified as a "Special Instruction" in the heading with a separate attachment with any supporting points and authorities.

Verdict forms ride with the instructions on the same date. Required eFiling code is "Jury Instructions, Proposed, Filed" with the trial date in the Filing Description field.

A list of proposed jury instructions by CACI numbers and any pinpoint instructions are to be e-filed three (3) court days before the trial date. Use eFiling code "Jury Instructions, Proposed, Filed". Add the trial date in the Filing Description field.

Statement of the case, verbatim: "A joint statement of the case for the benefit of the jury to be read during voir dire, is to be e-filed three (3) court days before the trial date." Motions in limine, verbatim: "Motions in limine are to be e-filed at least three (3) court days before the trial date; Opposition papers shall be e-filed one (1) court day before the trial date. Motions in limine are usually heard on the first day of trial." Unlike SM 1 and SM 2, SM 4's jury instruction bullet does not mention verdict forms or special findings, so a proposed verdict form in SM 4 is a department question.

Statement of the Case. The parties shall submit a joint statement of the case to be read to the jury (or each party shall submit a statement of the case if the parties are unable to agree) at the pre-trial conference.

Anchor tagged trc_date for the pretrial conference, which the Trial Call Order places on the first day of trial: "shall be prepared to argue and provide the court with accurate information called for by the pre-trial order at the pre-trial conference on the first day of trial." Voir dire questions counsel want the court to ask are also due at the pretrial conference.

A joint statement of the case for the benefit of the jury to be read during voir dire is to be e-filed five (5) court days before the trial date, with a courtesy copy e-mailed to SM1Continue@sbcourts.org. Use eFiling code "Statement" and add the trial date in the Filing Description field followed by "Joint".

The mini-opening rule, verbatim: "Mini-opening statements of no more than three (3) minutes per side are allowed before jury selection. Those must be e-filed with the court in writing at least five (5) days before trial." Note that one says court days and the other says days; the department wrote it that way.

A. You review all the items requested for a jury trial. Follow the same guidelines except those that are inapplicable to a bench trial. Obviously the pretrial conference will be significantly reduced in time. There will likely be no pretrial conference order in most cases; I will have my secretary let you know if and when I post one. B. You be particularly aware of the guidelines for the exhibits list and the exhibits exchange. C. You be aware that your trial brief is very important to me. Make sure it is thorough and complete. Be sure it addresses all legal and factual issues you expect to be decided. Do not expect to submit a closing brief. The Court will typically rule from the bench.

The offset carries over from para. 7(B), seven calendar days before trial call, because para. 10(A) incorporates the jury trial list. In a bench trial the trial brief carries the weight, since the court rules from the bench and will not take a closing brief.

Rule number 1306 is reserved for future use.

Still captioned TRIAL BRIEFS. History line: "(Rule 1306 repealed effective 07-01-18; adopted effective 07-01-98; previously amended effective 07-01-09)". Verified identical in the HTML edition. Department deadlines: SB 3 at 7 calendar days before trial call; SB 4 forthwith at trial call; SB 5 at 5 court days before the Trial Confirmation Conference; SM 1 and SM 2 at 5 court days before trial for jury trials and 3 days for bench trials; SM 4 at 3 court days before trial. Do not tell a practitioner the county has no trial brief requirement.

Deposition Transcripts. No deposition transcript shall be read in court until a condensed or other copy has been furnished to the court. Admissible portions of a party deposition may be used for any purpose and read into the record. Non-party depositions may be used only for impeachment absent further order of the court, in which case relevant and impeaching deposition testimony may be read into the record without comment.

The identical paragraph appears in the Dept. 4 orders and the Dept. 5 policy. The non-party limitation is worth reading twice before planning to read in a subcontractor PMK deposition. Both add that foundational questions about depositions are to be kept to a minimum.

Prior to the commencement of trial, counsel shall e-lodge all depositions to be used in trial with the court and advise the court if there are any depositions which are unsigned. Use eFiling code "Deposition Lodged". Add the trial date in the Filing Description field. Original deposition transcripts to be used at trial must be available to the court in hard copy.

The expert exchange requirement, verbatim: "Counsel shall provide the court with a copy of their Demand for Exchange of Expert Witnesses and their Response to Demand for Exchange of Expert Witnesses to assist the court in ruling on expert witness issues." SM 2 and SM 4 carry the hard-copy transcript line but SM 4 does not carry the e-lodging instruction. SM 1 also states "In general, witnesses shall not be placed on call," which runs opposite to SB 3 para. 7(A) and to Local Rule 1004, so check the department before relying on an on-call subpoena.

D. Five (5) calendar days in advance of trial call please submit: (1) Opposition to in limine motions with proof of service by fax or electronically; and (2) Any supplemental jury instructions suggested by the opposition's proposals. E. Four (4) calendar days in advance of trial call please submit: (1) Any replies to in limine motions with proof of service by fax or electronically.

Two deadlines in one row because they are a single briefing sequence. Offset token is the opposition date; the reply date is four calendar days. Anchor is the trial call, court set, calendar days. Read with para. 9: "Sometime before the pretrial conference, I will email to you my pretrial conference 'Tentative Order' with rulings on all in limine motions and other issues that I see in the documents submitted."

Motions in limine are to be e-filed at least five (5) court days before the trial; Opposition papers shall be e-filed at least one (1) court day before the trial date. Motions in limine are usually heard on the first day of trial. Depending on the expected length of the hearing, the jury is often (but not always) brought in on the second day of the trial for voir dire.

Offset token is the motion date; opposition is one court day. eFiling code "Motion in Limine" with the trial date, motion number and description in the Filing Description field. There is no published reply deadline in SM 1 or SM 2.

Rule number 1302 is reserved for future use.

Still captioned NOTICE OF MOTIONS IN LIMINE in both the table of contents and the body, which is what makes it easy to cite by mistake. History line: "(Rule 1302 repealed effective 07-01-18; adopted effective 07-01-98; amended 07-01-09)". Verified identical in the HTML edition on the Local Rules page. Department schedules: SB 3 at 7 calendar days before trial call with opposition at 5 and reply at 4; SB 4 forthwith at trial call; SB 5 at 5 court days before the Trial Confirmation Conference; SM 1 and SM 2 at 5 court days before trial with opposition at 1 court day; SM 4 at 3 court days before trial with opposition at 1 court day.

1. All expert reports and expert files developed by the expert(s) designated must be produced no later than five (5) days prior to the date set for the expert's deposition. All of Plaintiff's experts will be deposed first. Staggered depositions of experts, who have the same discipline, will not be permitted. No deposition subpoena requiring the expert to bring documents additional to what is outlined below is permitted.

Anchor is the expert's deposition date, which is not one of the listed tokens, so it is tagged department_order and explained here. This one matters in construction defect work: the entire expert file, not just the report, and five days out.

NO supplemental work, diagrams, exhibits, pictures, PowerPoint presentations, schedules, etc. that are not presented at the deposition will be permitted at trial. Of course, I recognize that a party, whose expert witness deposition is taken first, may want to contradict what a subsequent expert has testified to. Such rebuttal testimony will be permitted at trial provided the testimony and/or exhibit is identified within 10 business days after the deposition has been taken and the new testimony and/or exhibit is made available to the opposition at least 10 calendar days before the first trial call.

Two clocks: ten business days after the deposition to identify, and ten calendar days before first trial call to produce. Anchor is the first trial call, court set. The bar on unpresented expert exhibits is a hard exclusion rule and it reaches the demonstratives a defect expert would normally build for trial. Para. 4 explains how the judge polices it at trial and para. 5 tells counsel to ask the closing opinion questions at every expert deposition.

A Case Management Conference ('CMC') shall be scheduled one hundred twenty (120) calendar days from the date of filing the complaint and notice of the 'all-purpose judge' assignment and the date set for the CMC will be sent to the Plaintiff.

Anchor motion_filing means the filing of the complaint and the offset runs forward, which is why the token is +120_days. A case transferred in from another county or division gets a CMC within 90 calendar days of the clerk's receipt of the file. Statement deadline, verbatim from 1309(c)(1): "counsel or self-represented litigants are required to meet and confer as set forth in CRC 3.724 and to file case management conference statements no later than 15 calendar days prior to the CMC as set forth in CRC 3.725." Not a trial-document deadline, listed because it is the civil chapter's only pre-hearing document deadline. SM 4 adds that trial dates generally are not set until a private mediation or CMADRESS session has been held.

The court does not accept stipulations to continue trial except by ex parte application.

Read with Local Rule 1001: "Except where otherwise required by law, continuances are granted or denied in the court's discretion and are not granted solely on the basis of the stipulation of the parties. The Clerk is not authorized to continue a matter without an order from the Court." Civil ex parte applications follow Local Rule 1009 and CRC 3.1200 through 3.1207, with supporting papers filed and served by 10:00 a.m. on the court day before the hearing to the extent practicable.

In the event a civil case settles prior to the commencement of trial, the party who has demanded trial by jury shall notify the Jury Commissioner no later than 3:00 p.m. on the court day prior to the date set for trial. Failure to provide timely notice shall result in the party's forfeiture of the jury fee deposit and liability for all of the costs of the jurors appearing for trial.

Chapter Eight, Grand Jury and Trial Jury Selection, and the rule says "civil case" on its face. The clock is 3:00 p.m., not close of business. The rule continues: "If the case settles on the day of trial after the jurors have actually appeared and cannot be utilized in another trial on the same date, the parties shall be responsible for the actual costs of all jurors appearing for the trial to be determined by the judge." Dept. SB 5 adds "Initial Jury fees must be posted 25 days prior to trial," and SM 1, SM 2 and SM 4 each estimate jury costs at roughly $300 per day.

If any counsel, a party represented by counsel, or a self-represented litigant fails to comply with any of the requirements of these local rules, a judge, on motion of a party or on his or her motion, may (1) strike all or any part of any pleading of that party, (2) dismiss the action or proceeding or any part thereof, (3) enter a judgment by default against that party, or (4) impose other penalties of a lesser nature as otherwise provided by law, and may order that party and counsel to pay to the moving party reasonable expenses associated with the motion, including reasonable attorney fees.

Two limits in the same rule, verbatim: "No penalty may be imposed under this rule without prior notice and an opportunity to be heard, by the party against whom the sanction is sought to be imposed. [CCP sections 177.5 and 575.2]." And: "If failure to comply with these local rules is the responsibility of counsel and not the party, any penalty shall be imposed on counsel and shall not adversely affect the party's cause of action or defense thereto." Department SB 4's Trial Call Order carries its own sanction clause: "Failure to comply with any of these orders will subject the non-complying party or attorney to sanctions." SM 1 and SM 2 set an OSC re sanctions for failing to appear at a CMC.

In cases of noncompliance, the court may, in its discretion, order any, or all, of the following in addition to any other sanction permitted by law: (i) the noncomplying document to be stricken as improperly filed; (ii) the continuance of the hearing to which the noncomplying document pertains; or, (iii) the imposition of monetary sanctions for violation of the California Rules of Court or these Local Rules, following adequate notice and an opportunity to be heard.

Time estimates, verbatim from Local Rule 1003: "To the extent permitted by law and in the discretion of the judicial officer presiding, if time estimates are exceeded, any case may be deemed submitted for decision on the evidence presented, ordered off calendar, or a mistrial declared." Both are Chapter Ten and apply to civil. Dept. SB 5 adds that a party's presentation ends on exhaustion of its allocated time absent good cause.