Judge Shawn Nelson
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- 12pm Wednesday Before Trial
Declarations, Exhibits
- With Courtesy Copies
Ex Parte Application
- 1 copy • Three Pm Business Day Before Hearing
Motion, Opposition, Reply
- Day After Filing
Adjournments
- Trial continuances are strongly disfavored and will only be granted on a proper showing of good cause.
Request must include
Communication
Phone
Clerk
Document Format Requirements5 rules
All written evidentiary objections submitted in connection with any law and motion matter and any proposed orders regarding the objections must strictly comply with the format set forth in CRC 3.1354.
Proposed orders and other documents submitted for signature must be in a editable, word-processing format.
- File type
- Word
- Proposed order
Court's wording
All proposed orders submitted, or other documents submitted to the court for the signature (e.g., proposed form of judgment), must be submitted in an editable word-processing format in order for the court to revise as necessary. See CRC 3.1312(c).
Written evidentiary objections submitted in connection with a motion for summary judgment and/or adjudication must comply with CRC 3.1354.
- Evidentiary objections
Formatting
- •Comply with CRC 3.1354.
All exhibits in the exhibit binder on the witness stand shall have exhibit tags filled out and attached to the exhibit in the upper right hand corner of the first page of the exhibit.
If the Joint Exhibit List has more than six exhibits, parties must prepare two sets in 3-ring binders with tabbed number dividers and a copy of the Joint Exhibit List in front of each binder.
- Binding
- Three-ring binder
Court's wording
If there are more than six (6) exhibits on the Joint Exhibit List, the Parties shall prepare two sets of exhibits – one for the witness stand and one for the court – and place them in 3-ring binders with tabbed number dividers. Each tab shall bear the corresponding exhibit number and shall be placed in front of the corresponding exhibit. A copy of the Joint Exhibit List shall be placed in the front of each exhibit binder.
Document Filing Requirements23 rules
A separate proposed order in Word format.
Include
- •Proposed order
A concise memorandum of points and authorities in support of the application; and
- Document
- Ex parte application
Include
- •Legal argument
The Parties must conduct an Issue Conference in compliance with Local Rule 317 and prepare and file all required items pursuant to that rule.
This Statement of Compliance shall be executed by all counsel and filed with the court clerk in the department of the judge to whom the case has been assigned for trial.
After the verdict is read and the jury discharged, Counsel for the prevailing party shall prepare a Proposed Judgment, which must include the exact wording of the verdict.
Ex-Parte applications must comply with CRC 3.1200 through 3.1207. Applications must be in writing and include all of the following: 1. A declaration setting forth details of the notice given to opposing counsel of the ex-parte hearing and stating whether the application will be opposed;
Ex parte moving papers must show admissible evidence of proper notice, state whether the other parties will oppose, and the moving counsel must attempt to learn the opposing position.
Court's wording
The moving papers must demonstrate with admissible evidence that the moving party gave proper notice and must state whether the other parties to the case will oppose the application. Counsel for the moving party must make good faith efforts to speak with opposing counsel to determine their position(s) on the ex-parte application.
All parties must file a Case Management Statement in compliance with CRC 3.725 and comply with CRC 3.720 through 3.734.
Court's wording
All Parties must be fully familiar with, and comply with as applicable, CRC 3.720 through 3.734, including but not limited to the requirement that all Parties file a Case Management Statement in compliance with CRC 3.725.
An ex parte application must include a proposed order.
- Document
- Ex parte application
Must include
- •Proposed order
Court's wording
All papers in support of an ex-parte application (including the proposed order) must be e-filed – and courtesy copies delivered to the courtroom – no later than 3:00 p.m. the business day before the ex parte hearing.
Requests for judicial notice must be in a separate document, attach the document(s), and specify the legal basis with citation.
Court's wording
All requests for judicial notice must be set forth in a separate document, must attach a copy of the document(s) of which notice is requested, and must specify (with appropriate legal citation) the legal basis on which judicial notice is sought.
Declarations in summary judgment motions must be filed separately and not attached to the notice of motion or memorandum.
Court's wording
Declarations filed in support of or in opposition to a motion for summary judgment and/or adjudication must be separately filed, i.e., not attached to or made part of the notice of motion and motion or the memorandum of points and authorities.
The trial notebook must contain ten specified documents, double-sided and each separately tabbed.
Court's wording
The court’s trial notebook shall contain the following double-sided documents, each separately tabbed: 1. Joint Statement of the Case; 2. Executed Statement of Compliance; 3. Joint List of Stipulated Facts; 4. Joint List of Controverted Issues; 5. Joint Exhibit List; 6. Joint Witness List; 7. Proposed Voir Dire Questions (if any) for court voir dire; 8. Procedural Stipulations; 9. Proposed Verdict Form; and 10. In Limine Motions and Oppositions
Separate statements must comply with CRC 3.1350.
The Joint Witness List must include a realistic witness schedule, estimated direct/cross-examination time per witness, and total examination hours; it need not include impeachment or rebuttal witnesses.
Court's wording
Whatever form Counsel selects, the Joint Witness List must include a realistic schedule of when each witness will be called, the estimated total time for direct and cross-examination of each witness, and the total number of hours the examination of all witnesses is expected to consume. Pursuant to Local Rule 317, the Joint Witness List need not include impeachment or rebuttal witnesses.
Deposition designations must be in writing on a highlighted hard copy of the transcript provided to opposing counsel by the Issue Conference, with counter-designations in a different color and objections noted in the margin.
Court's wording
A party that expects to present one or more witnesses at trial by deposition shall, no later than the Issue Conference, provide opposing counsel with its written deposition designations. This shall be done by providing a hard copy of the deposition transcript with that party’s designations highlighted. The other party shall, on the same hard copy of the document, mark its counter-designations (by highlighting them in a different color) and also indicate, in the margin next to any testimony designated by the other side, any objections to the admissibility of the designated testimony.
The Joint Exhibit List must be prepared by the Issue Conference and include each exhibit's number and description with the document date or an undated notation; impeachment/rebuttal exhibits are not required.
Court's wording
At or before the Issue Conference, the Parties must cooperate in preparing a Joint Exhibit List for trial. The parties may, but are not required to, use the attached Joint Exhibit List form. The Joint Exhibit List shall include the exhibit number and a brief description of each exhibit, including the date of the document or a notation that the document is undated (e.g., “Exhibit 100, Letter from J. Jones to C. Clark dated 1/12/2000”). Pursuant to Local Rule 317, the parties need not exchange or include on the Joint Exhibit List those exhibits contemplated to be used for impeachment or rebuttal.
c. Videotaped depositions must be transcribed and marked as an exhibit. The videotape must be edited before being shown to the jury to remove objections and argument by counsel.
In a two-party case, Plaintiff numbers exhibits starting at 1 and Defendant at 200; parties must agree on non-duplicative number ranges, use only numbers not letters, and number each page of each exhibit separately.
Court's wording
c. In a two-party case, Plaintiff shall number its exhibits starting with 1. Defendant shall number its exhibits starting with 200. If, in any given case, these numbers are not sufficient to accommodate all exhibits, the Parties shall cooperate in agreeing on an appropriate number range for each party. If there are more than two parties, the Parties shall cooperate in agreeing on a number range for each party, so that no two parties use the same exhibit numbers. Duplicate exhibits are to be avoided. Only exhibit numbers (not letters) are to be used. Each page of each exhibit must be separately numbered.
4. Joint Statement of the case and joint witness list has been prepared for submission to the court as required.**
5. Counsel has prepared a joint list of controverted issues.**
1. Counsel has inspected all exhibits and diagrams and the exhibits are ready for premarking by the clerk. All stipulations as to admission into evidence or waiver of foundation are submitted with the exhibits(s).
6. All counsel have prepared a list of stipulated facts and made a good faith effort to stipulate to as many documents, waiver of foundational requirements, etc., as reasonably possible.**
Counsel must comply with Local Rule 315, requiring an early meet and confer and the filing of a Joint Meet and Confer Statement.
Court's wording
Counsel must comply with Local Rule 315, which (among other things) requires a generalized early meet-and-confer on the enumerated subjects and the design of a Joint Now Meet and Confer Statement, all within specified time limits.
Filing & Service rules
Electronic Filing Rules
All ex parte papers, including the proposed order, must be e-filed by 3:00 p.m. the business day before the hearing.
All papers in support of an ex-parte application (including the proposed order) must be e-filed – and courtesy copies delivered to the courtroom – no later than 3:00 p.m. the business day before the ex parte hearing.
Page 2 | III.C - Filing and Delivery of Ex-Parte Papers
Oppositions to ex parte applications must be e-filed – and courtesy copies delivered to the courtroom – no later than 12:00 p.m. the day of the hearing.
Oppositions to ex parte applications must be e-filed – and courtesy copies delivered to the courtroom – no later than 12:00 p.m. the day of the hearing.
Page 3 | III.E. Oppositions to Ex-Parte Applications
The Statement of Compliance and attachments must be e-filed, with a courtesy copy in the trial notebook.
A Statement of Compliance and its required attachments shall be e-filed and a courtesy copy provided to the court as part of the court's trial notebook.
Page 4 | V.D.2. Statement of Compliance
Counsel must e-file the Joint Witness List and include a copy in the court's trial notebook.
Counsel shall e-file a Joint Witness List and include a copy in the court’s trial notebook no later than 12:00 p.m. the Wednesday before trial.
Page 7 | V. TRIAL PROCEDURES
Unless the court orders otherwise, the Proposed Judgment must be e-filed within 7 calendar days of the verdict.
Unless the court orders otherwise, the Proposed Judgment must be e-filed, served on opposing counsel, and lodged with the court in Department C10 within seven (7) calendar days of the reading of the verdict.
Page 9 | O. Judgments
Counsel must use the court's online reservation system to reserve a law and motion date.
Law and Motion: Thursday at 1:30 p.m. Please use the court’s online reservation system to reserve a motion date.
Page 1 | I.F - Law and Motion
All parties must e-file their MSC statements, which will be confidential if identified as such in the e-filing.
MSC statements must be e-filed by all parties; if properly identified in the e-filing as an MSC statement, the statement will be kept confidential.
Page 2 | II.F - Mandatory Settlement Conference (MSC)
The trial notebook does not absolve parties of the requirement to e-file all trial-related documents.
The trial notebook is a courtesy copy for the court’s use; it does not absolve the Parties of the need to e- file all trial-related documents.
Page 4 | V.C. Trial Notebook for the Court
Written notice to the court that any deposition transcript to be used at trial is unsigned must be given through an e-filed Notice of Lodging of Deposition Transcripts.
advise the court in writing – in an e-filed Notice of Lodging of Deposition Transcripts, with a courtesy copy provided to the court – if any of the deposition transcripts are unsigned.
Page 7 | V. TRIAL PROCEDURES
Filing Timing and Cure Windows
Ex parte e-filings must be submitted by 3:00 p.m. the business day before the ex parte hearing.
All papers in support of an ex-parte application (including the proposed order) must be e-filed – and courtesy copies delivered to the courtroom – no later than 3:00 p.m. the business day before the ex parte hearing.
Page 2 | III.C - Filing and Delivery of Ex-Parte Papers
Motions for summary judgment or adjudication are exempt from the 24-hour filing rule, but more than one date may not be reserved for the same motion.
Motions for summary judgment and/or adjudication are not subject to the 24 hour filing rule (see ¶ IV.A. supra) ... not, however, reserve more than one date for the same motion.
Page 3 | IV.I.1. Reserving a Hearing Date
Oppositions to ex parte applications must be filed by 12:00 p.m. on the day of the hearing.
Oppositions to ex parte applications must be e-filed – and courtesy copies delivered to the courtroom – no later than 12:00 p.m. the day of the hearing.
Page 3 | III.E. Oppositions to Ex-Parte Applications
Motion dates must be reserved on the court website and all motion papers filed within 24 hours of the reservation, except for summary judgment motions.
Motion dates must be reserved on the court website at www.occourts.org. All motion papers must be filed within 24 hours of the reservation, except for summary judgment motions. See ¶ IV.I.1. infra.
Page 3 | IV.A. Reserving Motion Dates
The Issue Conference must take place at least 14 days before the trial date.
the Issue Conference take place at least 14 days before the trial date.
Page 4 | V.D.1. Local Rule 317 Compliance
The e-filed Joint Witness List and the copy for the court's trial notebook are due no later than 12:00 p.m. on the Wednesday before trial.
Counsel shall e-file a Joint Witness List and include a copy in the court’s trial notebook no later than 12:00 p.m. the Wednesday before trial.
Page 7 | V. TRIAL PROCEDURES
The fully annotated deposition transcript must be submitted to the court no later than 12:00 p.m. on the Wednesday before trial.
Once both sides have annotated the transcript with their designations and counter-designations and objections to the other side’s designations, the transcript shall be submitted to the court no later than 12:00 p.m. the Wednesday before trial.
Page 7 | V. TRIAL PROCEDURES
The two exhibit binders must be provided to the Courtroom Clerk on the first day of trial.
Both exhibit binders shall be provided to the Courtroom Clerk on the first day of trial.
Page 8 | V. TRIAL PROCEDURES
notebook no later than 12:00 p.m. the Wednesday before trial.
notebook no later than 12:00 p.m. the Wednesday before trial.
Page 8 | V. TRIAL PROCEDURES
The Proposed Judgment must be e-filed, served, and lodged within 7 calendar days of the reading of the verdict.
Unless the court orders otherwise, the Proposed Judgment must be e-filed, served on opposing counsel, and lodged with the court in Department C10 within seven (7) calendar days of the reading of the verdict.
Page 9 | O. Judgments
Ex parte hearing reservations must be made with the department by 12:00 p.m. the day before the hearing.
Reservations must be made with the department no later than 12:00 p.m. the day before the hearing.
Page 1 | I.H - Ex Parte Applications
Service and Proof of Service Rules
The Proposed Judgment must be served on opposing counsel within 7 calendar days of the verdict.
Unless the court orders otherwise, the Proposed Judgment must be e-filed, served on opposing counsel, and lodged with the court in Department C10 within seven (7) calendar days of the reading of the verdict.
Page 9 | O. Judgments
In limine motions must be exchanged and discussed by the Issue Conference, and counsel must meet and confer about them.
In limine motions must be exchanged and discussed no later than the Issue Conference ... Counsel must meet and confer in a good faithed effort to resolve as many in limine motions as possible before trial.
Page 4 | V.E.1. Exchange of In Limine Motions
Courtesy Copy Requirements
Ex parte courtesy copies must be delivered to the courtroom by 3:00 p.m. the business day before the hearing, with the e-filing transaction number written on the first page.
All papers in support of an ex-parte application (including the proposed order) must be e-filed – and courtesy copies delivered to the courtroom – no later than 3:00 p.m. the business day before the ex parte hearing. The e-filing transaction number must be written on the first page of the court’s courtesy copy.
Page 2 | III.C - Filing and Delivery of Ex-Parte Papers
Courtesy copies of all motion papers must be delivered to the courtroom by the day after the papers are e-filed.
Courtesy copies of all papers filed in support of or in opposition to motions must be delivered to the courtroom by the party filling the papers starting before or no later than the day after the papers are electronically filed with the court.
Page 3 | IV.D. Courtesy Copies of Motion Papers
Courtesy copies of oppositions to ex parte applications must be delivered to the courtroom by 12:00 p.m. on the day of the hearing.
Oppositions to ex parte applications must be e-filed – and courtesy copies delivered to the courtroom – no later than 12:00 p.m. the day of the hearing.
Page 3 | III.E. Oppositions to Ex-Parte Applications
The court's trial notebook must be delivered to Department C10 by 12:00 p.m. on the Wednesday before trial.
The court’s trial notebook shall be delivered to Department C10 no later than 12:00 p.m. the Wednesday before trial.
Page 4 | V.C. Trial Notebook
The Proposed Judgment must be lodged with the court in Department C10 within 7 calendar days of the verdict.
Unless the court orders otherwise, the Proposed Judgment must be e-filed, served on opposing counsel, and lodged with the court in Department C10 within seven (7) calendar days of the reading of the verdict.
Page 9 | O. Judgments
When advising the court that any deposition transcript to be used at trial is unsigned, counsel must e-file a Notice of Lodging of Deposition Transcripts and provide a courtesy copy to the court.
advise the court in writing – in an e-filed Notice of Lodging of Deposition Transcripts, with a courtesy copy provided to the court – if any of the deposition transcripts are unsigned.
Page 7 | V. TRIAL PROCEDURES
Courtesy copies of declarations and exhibits should have exhibit tabs identifying each exhibit.
The court's courtesy copies of declarations and exhibits should include an exhibit tabs to identify each exhibit.
Page 3 | IV.E. Declarations and Exhibits
Sealing & Redaction Procedures
MSC statements identified as such in the e-filing will be kept confidential.
MSC statements must be e-filed by all parties; if they are properly identified in the e-filing as an MSC statement, the statement will be kept confidential.
Page 2 | II.F - Mandatory Settlement Conference (MSC)
Adjournment & Extension Requirements
Trial continuances are strongly disfavored and will only be granted on a proper showing of good cause.
Trial dates are firm. Trial continuances are disfavored and will be granted only on proper showing of good cause. See CRC 3.1332.
Page 2 | II.G - Trial Continuances
Chambers Communication Rules
Telephone notice of ex parte matters must be given to the Courtroom Clerk by 12:00 p.m. the day before the hearing.
Telephone notice to the Courtroom Clerk must be given by 12:00 p.m. the day before the ex-parte hearing.
Page 2 | III.B - Telephonic Notice to Courtroom
Counsel must immediately advise the court when taking a law and motion matter off calendar.
If for any reason Counsel wish to take a law and motion matter off calendar (e.g., the case settled while the motion was pending or the motion has become moot), Counsel must advise the court immediately.
Page 3 | IV.C. Taking Motions Off Calendar