Judge Leonard Marquez
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Chambers Drop Off
Motion in Limine, Opposition
- One Court Day Before Trial
Motion in Limine, Opposition, Related Filed Papers
- By 4pm One Court Day Before Trial
Other Persons List
Adjournments
- Notice to the Department 34 clerk about an unprocessed stipulated order or communication-based continuance request should generally be given at least five court days before the hearing.
- Generally, this should be done no less than five (5) court days before the hearing.
Communication
Phone
Court-wideClerk
Phone
Court-wideClerk
Phone
Court-wideClerk
Phone
Court-wideDocument Format Requirements10 rules
Each exhibit on the Master Exhibit List shall be designated by and pre-marked with a separate numerical identifier.
At first appearance for trial, each party must provide at least four conforming exhibit binders for the Court, witness stand, and each side.
Court's wording
Each Party is responsible for providing, at first appearance for trial, at least four binders, with copies of their trial exhibits (one for the Court, one for the witness stand, and one for each side) conforming to the Master Exhibit List.
Each binder shall have an index of the papers.
At trial, the Court expects that when an exhibit is used it will already be marked and identified on the Master Exhibit List and that all Parties will have a pre- marked copy.
The court sets of proposed jury instructions and verdict forms must be divided into agreed and disputed sets.
Court's wording
The proposed jury instructions and jury verdict forms shall be divided into two sets for the Court. The first set being agreed jury instructions and verdict forms and the other set being disputed jury ===== PAGE 6 ===== instructions and verdict forms.
No duplicates should be provided. No “blank” or incomplete jury instructions or jury verdict forms should be provided.
- Proposed jury instructions
- Jury verdict forms
Formatting
- •Do not provide duplicate jury instructions or verdict forms
- •Do not provide blank or incomplete jury instructions or verdict forms
Each exhibit on the ===== PAGE 4 ===== Master Exhibit List shall be designated by and pre-marked with a separate numerical identifier. At trial, the Court expects that when an exhibit is used it will already be marked and identified on the Master Exhibit List and that all Parties will have a pre- marked copy.
designations and declarations which shall be provided in a binder and lodged at first appearance for trial.
- Designations and declarations
Formatting
- •Provided in a binder
- •Lodged at first appearance for trial
Any courtesy copies provided should be file endorsed copies. Non-file endorsed copies will be discarded.
Formatting
- •Courtesy copies must be file endorsed
Uncontested motions may be indicated by a notation on the binder index.
Document Filing Requirements26 rules
Lodge proposed trial schedule
Lodge other persons list
Lodge any stipulations reached regarding admissibility of trial exhibits or any other factual, evidentiary or procedural stipulations
Lodge list and copies of proposed jury instructions and jury verdict forms
Lodge binder with copy of all expert designations and declarations
Lodge joint statement of the case
Lodge exhibit binders with master exhibit list
- Document
- Exhibit binders and master exhibit list
Include
- •Exhibit list
Not less than seven (7) court days in advance of the trial date, the Parties shall exchange copies of all potential trial exhibits, including discovery responses, to be used at trial, along with an exhibit list.
- Document
- Trial exhibit exchange
Must include
- •Exhibit list
A draft joint statement of the case, with disagreements highlighted, must be lodged at first appearance for trial.
Court's wording
The Parties shall meet and confer regarding a joint statement of the case to be read to the jury. A draft of any such statement, with any disagreements highlighted, shall be lodged at first appearance for trial.
The parties must confer about trial exhibits, remove duplicates, pre-mark exhibits, and consolidate the exhibit lists into one Master Exhibit List.
- Document
- Master exhibit list
Must include
- •Exhibit list
Court's wording
The Parties shall meet and confer regarding their respective trial exhibits. This includes removing all duplicative exhibits, pre-marking all exhibits, and updating and consolidating the exhibit lists into a single master exhibit list (the “Master Exhibit List”).
All stipulations shall be reduced to writing and lodged at first appearance for trial.
Following the Advance Trial Conference and the meet and confer regarding the proposed jury instructions and jury verdict forms, the Parties shall lodge a list and copies of proposed jury instructions and jury verdict forms at first appearance for trial.
The parties must confer and lodge a joint hour-by-hour proposed trial schedule at the first appearance for trial.
Court's wording
The Parties shall meet and confer regarding preparation of a joint hour-by-hour proposed schedule for the trial (the “Proposed Trial Schedule”). The Proposed Trial Schedule shall be lodged at first appearance for trial.
The Parties shall meet and confer regarding any stipulations regarding the qualification of any expert(s) and the preparation of a binder with all expert designations and declarations which shall be provided in a binder and lodged at first appearance for trial.
Any request pursuant to CRC Rule 3.1540 regarding additional questions that the Court will put to the jurors shall be in writing, lodged at first appearance for trial.
No party shall file or lodge jury instructions and/or jury verdict separately in any other manner.
Failure to lodge a conforming Master Exhibit List and exhibit binders may cause the court to reschedule trial.
- Document
- Trial exhibits
Include
- •Exhibit list
Court's wording
All parties are admonished that a failure to lodge a Master Exhibit List and exhibit binders in conformance with the foregoing may result in a rescheduling of the trial to a later date in the Court’s discretion.
The Parties are admonished to limit motions in limine to matters as to which Parties believe a ruling in advance is both necessary and appropriate.
Each Party’s authorities on contested jury instructions are to be noted on the instructions or verdict forms.
Lodge any stipulations reached regarding admissibility of trial exhibits or any other factual, evidentiary or procedural stipulations
Lodge exhibit binders with master exhibit list
Lodge binder with copy of all expert designations and declarations
Lodge proposed trial schedule
Parties to meet and confer on each motion in limine and advise the Court which, if any, motions are uncontested
Each binder shall have an index of the papers.
All stipulations shall be reduced to writing and lodged at first appearance for trial.
Filing & Service rules
Electronic Filing Rules
Parties should avoid submitting any Required Papers by email to Department 34 in the absence of express direction to do so by the Court.
Parties should avoid submitting any Required Papers by email to Department 34 in the absence of express direction to do so by the Court.
Page 1 | Timely Submission of Papers
Filing Timing and Cure Windows
Motions in limine must be filed at least ten calendar days before the Issue Conference.
Any motions in limine shall be filed and served not less than ten (10) calendar days in advance of the Issue Conference date and otherwise in accordance with the provisions of Local Rule 3.11.
Civil cases
Page 2 | II. MOTIONS IN LIMINE
The parties must file and serve the Witness List at least five calendar days before the Issue Conference.
Not less than five (5) calendar days in advance of the Issue Conference date, the Parties shall file and serve a witness list of the witnesses that they actually expect to call as witnesses at trial (the “Witness List”) in accordance with Local Rule 3.11(c)(2).
Civil cases
Page 2 | I. WITNESS LISTS AND TRIAL EXHIBITS
Oppositions and other responses to motions in limine must be filed at least five calendar days before the Issue Conference.
Any opposition or other response to a motion in limine shall be filed and served not less than five (5) calendar days in advance of the Issue Conference date and otherwise in accordance with the provisions of Local Rule 3.11.
Civil cases
Page 2 | II. MOTIONS IN LIMINE
The parties must confer on each motion in limine and notify the Court by the Court Day Before Trial Deadline of any uncontested motions.
The Parties shall meet and confer on each motion in limine and advise the Court by the Court Day Before Trial Deadline which, if any, motions are uncontested.
Civil cases
Page 3 | II. MOTIONS IN LIMINE
Objections to discovery or deposition material offered at trial must be filed and served in writing by the Court Day Before Trial Deadline.
All objections are to be filed and served in writing by Court Day Before Trial Deadline.
Civil cases
Page 4 | III. ADVANCE TRIAL CONFERENCE BETWEEN THE PARTIES
All objections must be submitted to the court in writing by the court day before the trial deadline.
All objections are to be submitted to the Court in writing by Court Day Before Trial Deadline.
Civil cases
Page 5 | I. WITNESS LISTS AND TRIAL EXHIBITS
The parties must conduct the Advance Trial Conference three court days before trial.
Conduct Advance Trial Conference per Section III of these Pre-Trial Orders
Civil cases
Page 1 | SUMMARY OF DEADLINES
The parties must file and serve a witness list at least five calendar days before the Issue Conference.
Not less than five (5) calendar days in advance of the Issue Conference date, the Parties shall file and serve a witness list of the witnesses that they actually expect to call as witnesses at trial (the “Witness List”) in accordance with Local Rule 3.11(c)(2).
Civil cases
Page 2 | WITNESS LISTS AND TRIAL EXHIBITS
The trial department clerk must receive notice of interpreter needs at least three court days before trial.
The trial department’s clerk must be notified of any party or witness needing an interpreter at least three (3) court days in advance of the trial date.
Civil cases
Page 2 | WITNESS LISTS AND TRIAL EXHIBITS
The parties must exchange all potential trial exhibits and an exhibit list at least seven court days before trial.
Not less than seven (7) court days in advance of the trial date, the Parties shall exchange copies of all potential trial exhibits, including discovery responses, to be used at trial, along with an exhibit list.
Civil cases
Page 2 | WITNESS LISTS AND TRIAL EXHIBITS
Motions in limine must be filed and served at least ten calendar days before the Issue Conference.
Any motions in limine shall be filed and served not less than ten (10) calendar days in advance of the Issue Conference date and otherwise in accordance with the provisions of Local Rule 3.11.
Civil cases
Page 2 | MOTIONS IN LIMINE
Oppositions and other responses to motions in limine must be filed and served at least five calendar days before the Issue Conference.
Any opposition or other response to a motion in limine shall be filed and served not less than five (5) calendar days in advance of the Issue Conference date and otherwise in accordance with the provisions of Local Rule 3.11.
Civil cases
Page 2 | MOTIONS IN LIMINE
The Parties must meet face-to-face for an Advance Trial Conference at least three (3) court days before the trial date.
Not less than three (3) court days in advance of the trial date, the Parties shall meet and confer in a face-to-face conference (the “Advance Trial Conference”) as to the following:
Civil cases
Page 3 | Advance Trial Conference Between the Parties
The parties must confer on each motion in limine and notify the court by the Court Day Before Trial Deadline of any motions that are uncontested.
The Parties shall meet and confer on each motion in limine and advise the Court by the Court Day Before Trial Deadline which, if any, motions are uncontested.
Civil cases
Page 3 | Motions in Limine
Objections to discovery or depositions offered at trial must be filed and served in writing by the Court Day Before Trial Deadline.
All objections are to be filed and served in writing by Court Day Before Trial Deadline.
Civil cases
Page 4 | Advance Trial Conference Between the Parties
Required papers must be submitted by the Applicable Rules deadline, and the court may continue or drop a matter when they are untimely.
All parties shall submit any required pleadings, including briefs or other papers (“Required Papers”) within the time set by the Applicable Rules. The Court may, in its discretion, continue the matter or drop it from calendar if the Required Papers have not been timely filed.
Civil cases
Page 1 | Timely Submission of Papers
Required pleadings, briefs, and other papers must be submitted within the time set by the applicable rules; untimely papers may result in the matter being continued or dropped from the calendar.
All parties shall submit any required pleadings, including briefs or other papers (“Required Papers”) within the time set by the Applicable Rules. The Court may, in its discretion, continue the matter or drop it from calendar if the Required Papers have not been timely filed.
Page 1 | Timely Submission of Papers
A resolved matter or agreed continuance should be documented by an appropriate stipulation and order filed well before the hearing.
Where the parties or attorneys have fully resolved a matter set for hearing or jointly seek to continue a hearing by agreement, the parties or attorneys should file the appropriate stipulation and order well in advance of the hearing date.
Civil cases
Page 1 | Stipulations and Agreed Upon Continuances
Service and Proof of Service Rules
The parties must serve the Witness List at least five calendar days before the Issue Conference.
Not less than five (5) calendar days in advance of the Issue Conference date, the Parties shall file and serve a witness list of the witnesses that they actually expect to call as witnesses at trial (the “Witness List”) in accordance with Local Rule 3.11(c)(2).
Civil cases
Page 2 | I. WITNESS LISTS AND TRIAL EXHIBITS
Oppositions and other responses to motions in limine must be served at least five calendar days before the Issue Conference.
Any opposition or other response to a motion in limine shall be filed and served not less than five (5) calendar days in advance of the Issue Conference date and otherwise in accordance with the provisions of Local Rule 3.11.
Civil cases
Page 2 | II. MOTIONS IN LIMINE
Motions in limine must be served at least ten calendar days before the Issue Conference.
Any motions in limine shall be filed and served not less than ten (10) calendar days in advance of the Issue Conference date and otherwise in accordance with the provisions of Local Rule 3.11.
Civil cases
Page 2 | II. MOTIONS IN LIMINE
Objections to discovery or deposition material offered at trial must be served in writing by the Court Day Before Trial Deadline.
All objections are to be filed and served in writing by Court Day Before Trial Deadline.
Civil cases
Page 4 | III. ADVANCE TRIAL CONFERENCE BETWEEN THE PARTIES
Objections to discovery or depositions offered at trial must be served in writing by the Court Day Before Trial Deadline.
All objections are to be filed and served in writing by Court Day Before Trial Deadline.
Civil cases
Page 4 | Advance Trial Conference Between the Parties
Courtesy Copy Requirements
Courtesy copies of all filed motions in limine and related filed papers must be provided to the court in a tabbed binder by 4:00 p.m. one court day before trial.
No later than 4:00 pm one (1) court day in advance of the trial date (typically the Friday before a Monday trial date) (the “Court Day Before Trial Deadline”), courtesy copies of all filed motions in limine shall be provided to the Court in a tabbed binder together with any opposition and/or related filed papers.
Civil cases
Page 2 | II. MOTIONS IN LIMINE
One courtesy copy of the Other Persons List must be lodged at the first appearance for trial.
A courtesy copy of the Other Persons List shall be lodged at first appearance for trial.
Civil cases
Page 5 | I. WITNESS LISTS AND TRIAL EXHIBITS
Courtesy copies of all filed motions in limine, together with oppositions and related papers, must be provided to the court in a tabbed binder by 4:00 p.m. one court day before trial.
No later than 4:00 pm one (1) court day in advance of the trial date (typically the Friday before a Monday trial date) (the “Court Day Before Trial Deadline”), courtesy copies of all filed motions in limine shall be provided to the Court in a tabbed binder together with any opposition and/or related filed papers.
Civil cases
Page 2 | MOTIONS IN LIMINE
Unfiled pleadings must not be submitted as courtesy copies to Department 34.
Please do not submit unfiled pleadings.
Civil cases
Page 1 | Courtesy Copies
A courtesy copy of the Witness List must be lodged at the parties' first appearance for trial.
A courtesy copy of the Witness List shall be lodged at first appearance for trial.
Civil cases
Page 2 | I. WITNESS LISTS AND TRIAL EXHIBITS
A courtesy copy of the Witness List must be lodged at the first appearance for trial.
A courtesy copy of the Witness List shall be lodged at first appearance for trial.
Civil cases
Page 2 | WITNESS LISTS AND TRIAL EXHIBITS
Hard-copy courtesy copies may be encouraged by drop box to Department 34, but copies must be file-endorsed and unfiled pleadings may not be submitted.
Courtesy Copies. Submission of hard copy courtesy copies by drop box to Department 34 is encouraged. Please do not submit unfiled pleadings. Any courtesy copies provided should be file endorsed copies. Non-file endorsed copies will be discarded.
Page 1 | Courtesy Copies
Parties are encouraged to submit hard-copy courtesy copies to Department 34 through its drop box.
Submission of hard copy courtesy copies by drop box to Department 34 is encouraged.
Civil cases
Page 1 | Courtesy Copies
Filing Bundling Requirements
Parties must provide their own filed motions in limine and related papers to the Court in a binder, and failure may result in denial of the motion.
providing such binder to the Court as to their own filed motions in limine (with any related papers as set forth above). Failure to do so may result in denial of the motion. This provision supersedes the provisions regarding lodging courtesy copies as set forth in Local Rule 3.11(b).
Civil cases
Page 3 | II. MOTIONS IN LIMINE
Each party must provide the Court with a binder containing its filed motions in limine and related papers, and failure to do so may result in denial of the motion.
providing such binder to the Court as to their own filed motions in limine (with any related papers as set forth above). Failure to do so may result in denial of the motion. This provision supersedes the provisions regarding lodging courtesy copies as set forth in Local Rule 3.11(b).
Civil cases
Page 3 | Motions in Limine
At the first appearance for trial, each party must provide at least four conforming binders of trial exhibits for the court, witness stand, and each side.
Each Party is responsible for providing, at first appearance for trial, at least four binders, with copies of their trial exhibits (one for the Court, one for the witness stand, and one for each side) conforming to the Master Exhibit List.
Civil cases
Page 4 | Advance Trial Conference Between the Parties
Papers for uncontested motions in limine may be omitted from the binders, and such motions may be noted on the binder index.
The papers regarding any uncontested motions may be omitted from the binder(s). Uncontested motions may be indicated by a notation on the binder index.
Civil cases
Page 3 | II. MOTIONS IN LIMINE
The Court encourages but does not require a single binder compiling all motion in limine papers.
However, the Court encourages, but does not require, the parties to prepare a single binder compiling all of the motion in limine papers.
Civil cases
Page 3 | II. MOTIONS IN LIMINE
The Court encourages but does not require the parties to prepare a single set of master exhibit binders.
The Court encourages, but does not require, the Parties to prepare a single set of master exhibit binders.
Civil cases
Page 4 | III. ADVANCE TRIAL CONFERENCE BETWEEN THE PARTIES
Papers concerning motions identified as uncontested may be omitted from the parties' binders.
The papers regarding any uncontested motions may be omitted from the binder(s).
Civil cases
Page 3 | Motions in Limine
The court encourages, but does not require, the parties to prepare a single set of master exhibit binders.
The Court encourages, but does not require, the Parties to prepare a single set of master exhibit binders.
Civil cases
Page 4 | Advance Trial Conference Between the Parties
Pre-Motion Conference Requirements
The parties must meet and confer about the trial exhibits at the Advance Trial Conference.
The Parties shall, thereafter, meet and confer regarding such trial exhibits at the Advance Trial Conference, as set forth further below.
Civil cases
Page 2 | WITNESS LISTS AND TRIAL EXHIBITS
Adjournment & Extension Requirements
Notice to the Department 34 clerk about an unprocessed stipulated order or communication-based continuance request should generally be given at least five court days before the hearing.
Generally, this should be done no less than five (5) court days before the hearing.
Civil cases
Page 1 | Stipulations and Agreed Upon Continuances
When parties agree to continue a hearing, they should file the appropriate stipulation and order well before the hearing date.
Where the parties or attorneys have fully resolved a matter set for hearing or jointly seek to continue a hearing by agreement, the parties or attorneys should file the appropriate stipulation and order well in advance of the hearing date.
Page 1 | Stipulations and Agreed Upon Continuances
All such communications should be copied to the opposing party and contain an express representation as to the opposing side’s consent or be made by way of a joint letter/email request containing signatures by all parties or their counsel.
All such communications should be copied to the opposing party and contain an express representation as to the opposing side’s consent or be made by way of a joint letter/email request containing signatures by all parties or their counsel.
Page 1 | Stipulations and Agreed Upon Continuances
Generally, this should be done no less than five (5) court days before the hearing.
Generally, this should be done no less than five (5) court days before the hearing.
Page 1 | Stipulations and Agreed Upon Continuances
Chambers Communication Rules
If an order remains unprocessed two weeks before the hearing or action is sought based on communication, parties should promptly email the Department 34 clerk, generally at least five court days before the hearing, copy the opponent, and document consent through an express representation or a jointly signed request.
If a submitted order is not processed at least two weeks before the scheduled hearing date or the parties are seeking action based only on a communication to the Court, the parties should notify the clerk in Department 34 by email as soon as possible. Generally, this should be done no less than five (5) court days before the hearing. All such communications should be copied to the opposing party and contain an express representation as to the opposing side’s consent or be made by way of a joint letter/email request containing signatures by all parties or their counsel.
Civil cases
Page 1 | Stipulations and Agreed Upon Continuances
The Department 34 clerk should be notified by email as soon as possible if an order was not processed at least two weeks before the hearing or if action is sought based only on a communication to the Court.
If a submitted order is not processed at least two weeks before the scheduled hearing date or the parties are seeking action based only on a communication to the Court, the parties should notify the clerk in Department 34 by email as soon as possible.
Page 1 | Stipulations and Agreed Upon Continuances
The parties are encouraged to contact the departmental clerk to schedule pretrial courtroom access for testing audio-visual presentations when all sides have a representative present.
The Parties are encouraged to contact the departmental clerk to schedule access to the courtroom to test any audio-visual presentations prior to trial. Any such access should be scheduled when all sides have a representative present.
Civil cases
Page 4 | Advance Trial Conference Between the Parties
Questions about the location of a scheduled Settlement Conference should be directed to the Department 34 clerk in advance.
If you have any question about the location of a scheduled Settlement Conference, please contact Department 34’s clerk in advance.
Page 1 | Settlement Conferences