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Court Rules
Judge

Judge Kirk Athanasiou

Individual Rules, Standing Orders & Policies

Rules last changed:
Contra Costa Superior Court

Limits & Logistics

Document Limits

Trial Brief
20 pgs
Closing Trial Brief
20 pgs
Memorandum Points and AuthoritiesCourt-wide
15 pgs
Mediation StatementCourt-wide
5 pgs
Review Hearing UpdateCourt-wide
5 pgs
Optional Memorandum of Points and AuthoritiesCourt-wide
15 pgs

Courtesy Copies

Trial Brief

  • Email

Account, Report, Petition

Court-wide
  • At Filing
  • Probate:Upon Filing

Account, Report, Petition for Guardian or Conservator, Petition for Temporary Guardian or Conservator, Accounting, Petition for Medical Consent Authority, Related Pleadings

Court-wide
  • At Filing

Account, Report, Petition, Guardian or Conservator Appointment Petition, Temporary Guardian or Conservator Appointment Petition, Accounting, Medical Consent Authority Petition

Court-wide
  • 1 copy • Upon Filing

Adjournments

Court-wide

Request must include

Reason for Request
20Calendar Daysnotice
5Court Daysnotice
24Hoursnotice
Reason for RequestAdversary Position
2Court Daysnotice
10Court Daysnotice
48Hoursnotice
2Calendar Daysnotice
10Calendar Daysnotice
Reason for Request

Communication

Phone

Chambers

(510) 608-1114
Email
Court-wide

Clerk

mediainfo@contracosta.courts.ca.gov
Scheduling
Phone
Court-wide

Clerk

(925) 608-1000
Technical Issues
Hours: business hours
No status inquiries
Phone
Court-wide

Clerk

(925) 608-2613
Status InquiriesTechnical Issues
Hours: 1:30 p.m. - 4:00 p.m.
Phone
Court-wide

Clerk

Scheduling
Phone
Court-wide
Scheduling
Hours: from 30 minutes prior to the start of the court session through the court session
Filters:

Page & Word Limits2 rules

Page LimitsMandatoryCivil cases

Trial briefs must be filed at least 10 days before trial, summarize the factual issues, address novel or unique legal issues, state requested relief, and not exceed 20 pages without leave of court.

Trial brief
Up to 20 pages

Exception

More pages with leave of court

Court's wording

Trial briefs: Serve briefs to each other and must be filed with the Court at least 10 days before trial. Trial briefs must summarize the outstanding issues of facts to be tried. Novel or unique issues of the law should also be briefed. Trial briefs must not exceed twenty (20) pages without leave of court. Trial briefs should contain the contested issues of fact and a statement of the relief requested.

Page LimitsMandatoryCivil cases

Closing trial briefs shall not exceed 20 pages without leave of the court.

Closing trial brief
Up to 20 pages

Exception

More pages with leave of court

Document Format Requirements1 rule

FormattingMandatoryCivil cases

Trial exhibits must be pre-marked and numbered, using numbers for Plaintiff, letters for Defendant, and numbers beginning at 500 for Respondent’s 27th and later exhibits.

Applies to
  • Exhibits

Formatting

  • PDF-generated page numbers are acceptable

Court's wording

The exhibits are to be pre-marked and shall be numbered. Use numbers for Plaintiff and letters for Defendant. Exhibits should be “Bates” stamped or numbered through some sequential numbering program. (PDF generated page numbers are acceptable); If Respondent intends to present more than 26 lettered exhibits, then starting with the 27th Exhibit, Respondent shall use numbers, starting with exhibit “R500, R501, R502, etc.,”

Document Filing Requirements5 rules

Filing RequirementsImportantCivil cases

The parties must meet and confer about stipulating to document authenticity and admissibility and must identify identical intended exhibits as joint exhibits.

Court's wording

5. The Court orders the parties to meet and confer for the purposes of stipulating to the authenticity and admissibility of documents, where possible. If there are identical exhibits that both parties intend to admit, please mark them as joint exhibits, i.e. Joint Exhibit 1, or JE-1, JE-2, etc.

Filing RequirementsImportantCivil cases

3. Prepare a table of exhibits with two columns, labeled “Identified” and Admitted” for the Courtroom Clerk on the day of trial.

Filing RequirementsImportantCivil cases

Witness lists should include a brief statement / offer of proof summarizing the testimony anticipated to be given by each witness.

Filing RequirementsImportantCivil cases

By each requested motion, please insert a “decision line” as follows: “Granted ________ Denied _________ Modified ________ Reserved ________”

Document
Motion in limine

Include

  • Granted Denied Modified Reserved
Filing RequirementsImportantCivil cases

Trial briefs must summarize the outstanding issues of facts to be tried. Novel or unique issues of the law should also be briefed. Trial briefs should contain the contested issues of fact and a statement of the relief requested.

Filing & Service rules

Filing Timing and Cure Windows

The court will accept late documents only for good cause, and noncompliance may result in sanctions or a trial delay.

The Court will not accept late documents without good cause. Failure to comply may result in sanctions being imposed or a delay in the trial.

Civil cases

Page 1 | Preamble

Trial briefs must be filed with the court at least 10 days before trial.

Serve briefs to each other and must be filed with the Court at least 10 days before trial.

Civil cases

Page 2 | A. Trial Submittal Timeline

The matter will not be deemed submitted until both parties have filed the closing trial brief.

The Court will not deem the matter submitted until both Parties file and serve the Closing Trial Brief.

Civil cases

Page 3 | A. Trial Submittal Timeline

Service and Proof of Service Rules

Fourteen days before trial, parties must serve the trial exhibits and exhibit list, with exhibits pre-marked and numbered using party-specific numbering conventions.

1. Serve trial exhibits and exhibit list on the other party. The exhibits are to be pre-marked and shall be numbered. Use numbers for Plaintiff and letters for Defendant. Exhibits should be “Bates” stamped or numbered through some sequential numbering program. (PDF generated page numbers are acceptable); If Respondent intends to present more than 26 lettered exhibits, then starting with the 27th Exhibit, Respondent shall use numbers, starting with exhibit “R500, R501, R502, etc.,”

Civil cases

Page 1 | A. Trial Submittal Timeline

Seven days before trial, parties must serve and file a list identifying all non-expert witnesses.

Witness lists. Parties shall serve and file with court a list of all non-expert witnesses.

Civil cases

Page 2 | A. Trial Submittal Timeline

A document served within seven days before trial must be hand-delivered, unless the receiving party agrees to electronic mail or fax service.

Any document served on another party 7 days or fewer before trial must be served by hand delivery, or, only if the receiving party has agreed, by electronic mail or fax.

Civil cases

Page 2 | B. Additional Trial Requirements

Both parties must serve the closing trial brief, and the matter is not submitted until that service occurs.

The Court will not deem the matter submitted until both Parties file and serve the Closing Trial Brief.

Civil cases

Page 3 | A. Trial Submittal Timeline

Courtesy Copy Requirements

An electronic courtesy copy of the trial brief must be sent to the stated Department 14 email address.

Send an electronic courtesy copy of trial brief to Dept14@contracosta.courts.ca.gov

Civil cases

Page 2 | A. Trial Submittal Timeline

Filing Bundling Requirements

All motions should appear on one submitted document.

All motions should appear on one submitted document.

Civil cases

Page 2 | A. Trial Submittal Timeline

Chambers Communication Rules

If you anticipate being late, please employ professional courtesy by contacting Department 14 at (510) 608-1114 and opposing counsel.

If you anticipate being late, please employ professional courtesy by contacting Department 14 at (510) 608-1114 and opposing counsel.

Civil cases

Page 2 | B. Additional Trial Requirements

Parties must notify the court as soon as possible about scheduling problems involving a witness, interpreter, party, or lawyer.

Notify the Court as soon as possible of any scheduling problems for any witness, interpreter, party or lawyer.

Civil cases

Page 3 | A. Trial Submittal Timeline

Court-wide rules

Applies court-wide

These 5570 rules apply across Contra Costa Superior Court. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 2246
  • Applies to
    Neutral case evaluator statement

    The neutral case evaluator statement must identify each attendee’s name and title or relationship to the case.

  • Applies to
    Accounting report

    When bond is required, the report must state the controlled personal property’s current value, estimated annual income, net saleable real-property value, and applicable guardianship or conservatorship public benefits and recipient identity.

  • Applies to
    Joint statement of contested issues

    The parties must file a Joint Statement of Contested Issues with required information and, if applicable, a payment-calculation spreadsheet; if they cannot agree, each must instead file and serve a separate statement containing the same information.

Service

All 1078
  • When an heir’s or beneficiary’s address is unknown, a declaration detailing the search efforts is required before notice may be excused or an alternative notice prescribed.

  • Deadline
    5 calendar days
    Applies to
    Objection

    Objections to motions in limine must be filed and served 5 calendar days before the issue conference, with a copy lodged with the assigned department's chambers.

  • Deadline
    5 calendar days
    Applies to
    Opposition statement

    The opposition statement must be served within 5 calendar days after the party receives the early conference request.

Filing Timing

All 817
  • Deadline
    5 calendar days

    Unless the court orders otherwise upon a showing of good cause, moving papers on shortened time must be filed and personally served at least five calendar days before the hearing, and opposing papers must be filed and served at least two calendar days before it.

  • The first guardian or conservator account is due by the first anniversary of appointment, and subsequent accounts are due at least biennially.

  • Deadline
    45 calendar days

    The request for dismissal, stipulated judgment, or conditional settlement must be filed within 45 calendar days after written notice of settlement.

Adjournments

All 380
  • Attorneys should grant reasonable opposing counsel extension requests when the extension will not prejudice their client or unduly delay the proceeding, consistently with governing law and court orders.

  • An untimely motion to continue may result in sanctions unless the moving party shows good cause for the untimeliness.

  • Every continuance request, written agreement, or stipulation must include facts showing good cause for the continuance.

About Judge Kirk Athanasiou

Judge Kirk Athanasiou sits in Department 14 at the George D. Carroll Courthouse. Department telephone: (510) 942-2114. Department mailbox: dept14@contracosta.courts.ca.gov

Common questions about Judge Kirk Athanasiou's rules

Are courtesy copies required for Judge Kirk Athanasiou?

Courtesy-copy rule applies for trial briefs. Details: by email. An electronic courtesy copy of the trial brief must be sent to the stated Department 14 email address.

View ruleSource: page 2, section A. Trial Submittal Timeline

What page or word limits apply to trial brief before Judge Kirk Athanasiou?

Judge Kirk Athanasiou's rule states these limits: 20 pages. Trial briefs must be filed at least 10 days before trial, summarize the factual issues, address novel or unique legal issues, state requested relief, and not exceed 20 pages without leave of court.

View ruleSource: page 2, section A. Trial Submittal Timeline

What page or word limits apply to closing trial brief before Judge Kirk Athanasiou?

Judge Kirk Athanasiou's rule states these limits: 20 pages. A closing trial brief may not exceed 20 pages unless the court grants leave.

View ruleSource: page 3, section A. Trial Submittal Timeline

What must be included with trial brief filings before Judge Kirk Athanasiou?

The rule requires legal argument and statement of facts. Trial briefs must summarize the outstanding issues of facts to be tried. Novel or unique issues of the law should also be briefed. Trial briefs should contain the contested issues of fact and a statement of the relief requested.

View ruleSource: page 2, section A. Trial Submittal Timeline

What must be included with table of exhibits filings before Judge Kirk Athanasiou?

Parties must prepare a two-column exhibit table labeled “Identified” and “Admitted” for the courtroom clerk on the first day of trial.

View ruleSource: page 1, section A. Trial Submittal Timeline

How may parties contact Judge Kirk Athanasiou's chambers?

Parties must notify the court as soon as possible about scheduling problems involving a witness, interpreter, party, or lawyer.

View ruleSource: page 3, section A. Trial Submittal Timeline

Does Judge Kirk Athanasiou require motion papers to be bundled?

Bundling is encouraged for covered papers before Judge Kirk Athanasiou. All motions should appear on one submitted document.

View ruleSource: page 2, section A. Trial Submittal Timeline

What filing deadlines does Judge Kirk Athanasiou set?

The court will accept late documents only for good cause, and noncompliance may result in sanctions or a trial delay.

View ruleSource: page 1, section Preamble

What rule applies to service for any document before Judge Kirk Athanasiou?

Details: method: personal service. A document served within seven days before trial must be hand-delivered, unless the receiving party agrees to electronic mail or fax service.

View ruleSource: page 2, section B. Additional Trial Requirements
Complete rules summary for Judge Kirk Athanasiou

Trial briefs must summarize the outstanding issues of facts to be tried. Novel or unique issues of the law should also be briefed. Trial briefs should contain the contested issues of fact and a statement of the relief requested.

Trial exhibits must be pre-marked and numbered, using numbers for Plaintiff, letters for Defendant, and numbers beginning at 500 for Respondent’s 27th and later exhibits.

The court will accept late documents only for good cause, and noncompliance may result in sanctions or a trial delay.

Parties must prepare a two-column exhibit table labeled “Identified” and “Admitted” for the courtroom clerk on the first day of trial.

The parties must meet and confer about stipulating to document authenticity and admissibility and must identify identical intended exhibits as joint exhibits.

Trial briefs must be filed at least 10 days before trial, summarize the factual issues, address novel or unique legal issues, state requested relief, and not exceed 20 pages without leave of court.

Trial briefs must be filed with the court at least 10 days before trial.

A document served within seven days before trial must be hand-delivered, unless the receiving party agrees to electronic mail or fax service.

An electronic courtesy copy of the trial brief must be sent to the stated Department 14 email address.

By each requested motion, please insert a “decision line” as follows: “Granted ________ Denied _________ Modified ________ Reserved ________”

Each witness-list entry should include a brief statement or offer of proof summarizing the witness’s anticipated testimony.

All motions should appear on one submitted document.

Parties must notify the court as soon as possible about scheduling problems involving a witness, interpreter, party, or lawyer.

A closing trial brief may not exceed 20 pages unless the court grants leave.

If you anticipate being late, please employ professional courtesy by contacting Department 14 at (510) 608-1114 and opposing counsel.

Both parties must serve the closing trial brief, and the matter is not submitted until that service occurs.

Seven days before trial, parties must serve and file a list identifying all non-expert witnesses.

The matter will not be deemed submitted until both parties have filed the closing trial brief.

Fourteen days before trial, parties must serve the trial exhibits and exhibit list, with exhibits pre-marked and numbered using party-specific numbering conventions.

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