Judge Thomas McConville
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Before Trial
- No Later Than 12 00 P M Wednesday Before Trial
Notice of Lodging of Deposition Transcripts
- Upon Filing
Statement of Compliance
- As Part of Trial Notebook
Document Format Requirements13 rules
4. A separate proposed order in Word format.
- File type
- Word
- Proposed order
Proposed orders and other documents submitted for the court’s signature must be provided in an editable word-processing format.
- File type
- Word
- Proposed order
Court's wording
All proposed orders submitted, or other documents submitted to the court for signature (e.g., proposed form of judgment), must be submitted in an editable word-processing format to enable the court to revise as necessary. See CRC 3.1312(c).
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.
The format of the jury instructions must comply with CRC 2.1055. Each proposed jury instruction shall be on a separate page and shall not include a disposition table.
- Proposed jury instructions
Formatting
- •Must not include a disposition table
Special or modified instructions must be submitted to the Courtroom Clerk in Word format.
Both disputed verdict forms shall be submitted to the Courtroom Clerk in Word format.
- Disputed verdict form
Formatting
- •The document says Word format
If there are more than six 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.
- More than 6 pages
- Binding
- Tabbed three-ring binder
Please ensure the signature line for the judge is not the only item on the page as there must be at least two
All stipulations must be submitted as one document in WORD format to enable the court to make any modification to the order portion the court deems necessary.
No binder shall be wider than 3”.
Formatting
- •No exhibit binder may be wider than 3 inches
Each tab shall bear the corresponding exhibit number and shall be placed in front of the corresponding exhibit.
Each page of each exhibit must be separately numbered.
Mark an 8-1/2-by-11 paper version as the official exhibit; do not mark enlargements or transparencies as original exhibits, and identify them with the same exhibit number.
- File type
- Paper
- Exhibit enlargement
- Exhibit transparency
Formatting
- •Do not mark blow-ups or transparencies as original exhibits
Court's wording
If a Party plans to use enlargements of exhibits (“blow-ups”) or transparencies of exhibits (for use with an overhead projector), the blow-ups and transparencies should not be marked as original exhibits. An 8-1/2x11 paper version of the exhibit should be marked and treated as the official exhibit. Blow-ups and transparencies are informally marked with the same exhibit number and referred to by the same exhibit number during trial.
Document Filing Requirements27 rules
4. A separate proposed order in Word format.
Include
- •Proposed order
Ex parte applications must comply with CRC 3.1200 through 3.1207. Applications must be in writing and include all of the following:
2. A declaration, based on personal knowledge, describing the irreparable harm that will occur if the relief requested is not granted;
3. A concise memorandum of points and authorities in support of the application; and
1. A declaration setting forth details of the notice given to the opposing Party of the ex parte hearing and stating whether the application will be opposed;
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.
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.
Each request for judicial notice must be a separate document that attaches the materials for notice and cites the legal basis for the request.
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.
Each in limine motion must show its assigned number, moving party, and a short description on its face page.
Court's wording
Each in limine motion shall be assigned a number, which must be set forth on the face page of the motion, along with the identity of the party bringing the motion and a short description of the motion (e.g., “Plaintiff’s Motion In Limine No. 1 to Exclude Reference to Plaintiff’s 2013 Theft Conviction”).
Each CACI instruction (whether agreed upon or disputed) must include the CACI number and title at the top.
Substantively modified CACI instructions must specify exactly what has been modified.
Special or Modified Instructions must include, at the bottom of the proposed instruction, citation to authority supporting the propriety of the instruction and a short explanation of why the special or modified instruction is necessary and appropriate.
Each special or modified CACI instruction shall state at the top of the page “Plaintiff’s [or Defendant’s] Special Instruction No. __” or “Plaintiff’s [or Defendant’s] Modified CACI Instruction No. __.”
If either Party has objections to the designated portions, they will file a document which identifies the objectionable designation, and the legal basis for the objection, in column format.
The Joint Witness List must state a realistic witness schedule, estimated direct and cross-examination time for each witness, and total examination hours.
Court's wording
Whatever form the Parties select, 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.
The Joint Exhibit List must give each exhibit’s number and brief description, including its date or an indication that it is undated.
Court's wording
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”).
Both exhibit binders shall be provided to the Courtroom Clerk on the first day of trial.
At or before the Issue Conference, the Parties must cooperate in preparing a Joint Exhibit List for trial.
After the verdict is read and the jury discharged, the prevailing Party shall prepare a Proposed Judgment, which must include the exact wording of the verdict.
Videotaped depositions must be transcribed and marked as an exhibit.
If trial is by jury, proposed jury instructions, proposed special findings and/or general verdict and/or special verdicts will be exchanged before the commencement of trial.
**Please attach to this Statement of Compliance: Joint Statement of Case, Joint Witness List, Stipulated Facts, Requested Voir Dire Questions and List of Controverted Issues.
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.
The other Party shall, on the same copy of the highlighted deposition, mark its counter-designations (by highlighting them in a different color).
This shall be done by providing a copy of the deposition transcript with that Party’s designations highlighted.
A copy of the Joint Exhibit List shall be placed in the front of each exhibit binder.
A party must show a demonstrative aid to the opposing party at least 24 hours before its expected use.
Court's wording
A Party wishing to use a demonstrative aid at trial shall show the demonstrative to the opposing Party at least 24 hours before it expects the demonstrative to be used, to give the opposing Party an opportunity to review it and, if necessary, raise any issues regarding it with the court.
Filing & Service rules
Electronic Filing Rules
MSC statements must be e-filed and, if properly identified as an MSC statement, will be kept confidential.
MSC statements must be e-filed; if properly identified in the e-filing as an MSC statement, the statement will be kept confidential.
Page 2 | II. GENERAL PROCEDURES
Ex parte applications must be filed electronically by 1:30 p.m. on the day before the hearing.
Ex parte applications shall be filed electronically no later than 1:30 p.m. the day before the ex parte hearing;
Page 2 | I. GENERAL CALENDAR INFORMATION
Oppositions to ex parte applications must be e-filed by 8:30 a.m. on the hearing day.
Oppositions to ex parte applications must be e-filed no later than 8:30 a.m. the day of the hearing.
Page 3 | III. EX PARTE APPLICATIONS
Supporting ex parte papers, including the proposed order, must be e-filed by 1:30 p.m. on the business day before the hearing.
All papers in support of an ex parte application (including the proposed order) must be e-filed no later than 1:30 p.m. the business day before the ex parte hearing.
Page 3 | III. EX PARTE APPLICATIONS
Providing a trial notebook does not replace the parties’ obligation 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. TRIAL PROCEDURES
The Statement of Compliance and required attachments must be e-filed and included as 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 5 | D. Issue Conference and Statement of Compliance
By noon on the Wednesday before trial, the parties must e-file and separately deliver specified agreed and disputed proposed jury instructions to the Courtroom Clerk.
By 12:00 p.m. the Wednesday before trial, the Parties must (i) e-file and (ii) deliver separately to the Courtroom Clerk: (a) a full copy of the proposed jury instructions on which the Parties agree, as they propose them to be read to the jury, with no blanks or brackets; (b) a copy of the jury instructions (whether CACI or special instructions) Plaintiff proposes on which the Parties do not agree; and (c) a copy of the jury instructions (whether CACI or special instructions) Defendant proposes on which the Parties do not agree.
Page 6 | G. Jury Instructions
Objections to deposition designations must be e-filed by noon on the Wednesday before trial.
Objections to the designations shall also be e-filed by that same time and date.
Page 7 | V. TRIAL PROCEDURES — L. Deposition Designations
Factual stipulations must be written, e-filed, and included in the court’s trial notebook.
All factual stipulations shall be in writing and shall be e-filed, with a copy included in the court’s trial notebook.
Page 7 | V. TRIAL PROCEDURES — I. Factual Stipulations
Other agreed procedural stipulations must be written, e-filed, and included in the court’s trial notebook.
If the Parties have agreed upon other procedural stipulations, they must be in writing and e-filed, with a copy also included in the court’s trial notebook.
Page 7 | V. TRIAL PROCEDURES — J. Procedural Stipulations
Agreed verdict forms must be e-filed and included in the court’s trial notebook.
If the Parties agree on the verdict form(s), they shall e-file the agreed-upon verdict form(s) and include a copy in the court’s trial notebook.
Page 7 | V. TRIAL PROCEDURES — H. Verdict Forms
Each side must e-file its proposed disputed verdict form under the specified title and include both versions in the court’s trial notebook.
If the Parties cannot agree on a verdict form(s), each side shall e-file its proposed verdict form(s) (titled “Plaintiff’s [Defendant’s] Proposed Verdict Form”), and both versions shall be included in the court’s trial notebook.
Page 7 | V. TRIAL PROCEDURES — H. Verdict Forms
On the trial date, the Parties must lodge trial deposition transcripts with the Courtroom Clerk and, if any are unsigned, e-file a notice and provide the court a courtesy copy.
On the day of trial, the Parties shall lodge with the Courtroom Clerk all deposition transcripts to be used in trial and 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 — K. Depositions
The Parties must e-file one signed Procedural Stipulations form stating the agreed stipulations by noon on the Wednesday before trial.
The Parties shall review the attached Procedural Stipulations form and e- file a single, signed copy of the form no later than 12:00 p.m. the Wednesday before trial, indicating those stipulations to which all Parties agree.
Page 7 | V. TRIAL PROCEDURES — J. Procedural Stipulations
The party must advise the court, e-file proposed preliminary instructions, and provide the court a copy before jury selection concludes.
Party must advise the court, and e-file and provide the court a copy of the proposed preliminary instruction(s), before jury selection concludes.
Page 7 | V. TRIAL PROCEDURES
The Joint Witness List must be e-filed and included in the court’s trial notebook by noon on the Wednesday before trial.
The Parties 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 8 | V. TRIAL PROCEDURES — M. Witnesses
The Joint Exhibit List must be e-filed and included in the court’s trial notebook by noon on the Wednesday before trial.
The Joint Exhibit List shall be e-filed, with a copy included in the court’s trial notebook, no later than 12:00 p.m. the Wednesday before trial.
Page 8 | V. TRIAL PROCEDURES — N. Exhibits
The proposed judgment must be e-filed, served on the opposing party, and lodged with Department C28 within seven calendar days after the verdict is read.
The Proposed Judgment must be e-filed, served on the opposing Party, and lodged with the court in Department C28 within seven (7) calendar days of the reading of the verdict.
Page 9 | O. Judgments
Filing Timing and Cure Windows
Any opposition to an ex parte application must be filed by 8:30 a.m. on the hearing day.
Oppositions, if any, must be filed by 8:30 a.m. the day of the ex parte hearing.
Page 2 | I. GENERAL CALENDAR INFORMATION
Ex parte applications must be filed by 1:30 p.m. on the day before the hearing.
Ex parte applications shall be filed electronically no later than 1:30 p.m. the day before the ex parte hearing;
Page 2 | I. GENERAL CALENDAR INFORMATION
Motion papers must be filed within 24 hours after reserving a motion date, except for summary judgment motions.
All motion papers must be filed within 24 hours of the reservation, except for summary judgment motions. See ¶ IV.G.1. infra.
Page 3 | IV. LAW AND MOTION
The parties must separately deliver the agreed and disputed proposed jury instructions to the Courtroom Clerk by noon on the Wednesday before trial.
By 12:00 p.m. the Wednesday before trial, the Parties must (i) e-file and (ii) deliver separately to the Courtroom Clerk: (a) a full copy of the proposed jury instructions on which the Parties agree, as they propose them to be read to the jury, with no blanks or brackets; (b) a copy of the jury instructions (whether CACI or special instructions) Plaintiff proposes on which the Parties do not agree; and (c) a copy of the jury instructions (whether CACI or special instructions) Defendant proposes on which the Parties do not agree.
Page 6 | G. Jury Instructions
The signed Procedural Stipulations form is due by 12:00 p.m. on the Wednesday before trial.
The Parties shall review the attached Procedural Stipulations form and e- file a single, signed copy of the form no later than 12:00 p.m. the Wednesday before trial, indicating those stipulations to which all Parties agree.
Page 7 | V. TRIAL PROCEDURES — J. Procedural Stipulations
The annotated transcript must be submitted to the court by noon on the Wednesday before trial.
Once both sides have annotated the transcript with their designations and counter-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 — L. Deposition Designations
The proposed judgment must be lodged with Department C28 within seven calendar days after the verdict is read.
The Proposed Judgment must be e-filed, served on the opposing Party, and lodged with the court in Department C28 within seven (7) calendar days of the reading of the verdict.
Page 9 | O. Judgments
The 24-hour filing rule does not apply to summary judgment or adjudication motions, so supporting papers need not all be filed within 24 hours after reserving a hearing date.
Motions for summary judgment and/or adjudication are not subject to the 24 hour filing rule (see ¶ IV.A. supra); consequently, a Party may reserve a hearing date for a motion for summary judgment and/or adjudication without filing all papers in support of the motion within 24 hours of making the reservation.
Page 4 | IV. LAW AND MOTION
The court will hold the proposed judgment for three court days to allow objections to be filed.
The court will hold the Proposed Judgment for three (3) court days to allow for objections to be filed.
Page 9 | O. Judgments
Service and Proof of Service Rules
A party presenting witnesses by deposition must provide its written deposition designations to the opposing party by the Issue Conference.
A Party that expects to present one or more witnesses at trial by deposition shall, no later than the Issue Conference, provide the opposing Party with its written deposition designations.
Page 7 | V. TRIAL PROCEDURES — L. Deposition Designations
The proposed judgment must be served on the opposing party within seven calendar days after the verdict is read.
The Proposed Judgment must be e-filed, served on the opposing Party, and lodged with the court in Department C28 within seven (7) calendar days of the reading of the verdict.
Page 9 | O. Judgments
Filing Fees and Waivers
The parties must agree on the division of applicable jury fees and reporter fees, which are due each day before trial begins.
Parties have agreed on a division of jury fees (if applicable) and reporter fees, which are due each day before trial commences.
Page 14
Courtesy Copy Requirements
The parties must jointly prepare a trial notebook as a courtesy copy, deliver it to Department C28 by 12:00 p.m. on the Wednesday before trial, and include the specified double-sided, separately tabbed documents; filing the notebook does not replace e-filing trial-related documents.
In addition to the exhibit binders required for trial exhibits (see ¶ V.N infra), the Parties shall jointly prepare a trial notebook for the court. 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. The court’s trial notebook shall be delivered to Department C28 no later than 12:00 p.m. the Wednesday before trial. The court’s trial notebook shall contain the following double-sided documents, each separately tabbed:
Page 4 | V. TRIAL PROCEDURES
Courtesy copies of in limine motions and oppositions must be included in the trial notebook and delivered to the Courtroom Clerk by noon on the Wednesday before trial.
Courtesy copies of the in limine motions (including oppositions) shall be included in the court’s trial notebook (see ¶ V.C. supra) and delivered to the Courtroom Clerk no later than 12:00 p.m. the Wednesday before trial.
Page 5 | E. In Limine Motions
A courtesy copy of the Statement of Compliance and required attachments must be included 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 5 | D. Issue Conference and Statement of Compliance
The Notice of Lodging of Deposition Transcripts must be accompanied by a courtesy copy to the court.
On the day of trial, the Parties shall lodge with the Courtroom Clerk all deposition transcripts to be used in trial and 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 — K. Depositions
Filing Bundling Requirements
Stipulations must be submitted as one WORD-format document so the court can modify the order portion.
All stipulations must be submitted as one document in WORD format to enable the court to make any modification to the order portion the court deems necessary.
Page 2 | II. GENERAL PROCEDURES
Several in limine motions may be placed in a separate binder and delivered with the trial notebook.
If there are several in limine motions, they may be placed in a binder separate from the trial notebook and delivered to the Courtroom Clerk with the trial notebook.
Page 5 | E. In Limine Motions
Pre-Motion Conference Requirements
The moving party must make good-faith efforts to speak with the opposing party to determine its position on the ex parte application.
The moving Party must make good faith efforts to speak with the opposing Party to determine their position(s) on the ex parte application.
Page 3 | III. EX PARTE APPLICATIONS
In limine motions must be exchanged and discussed by the Issue Conference.
In limine motions must be exchanged and discussed no later than the Issue Conference. See Local Rule 317.
Page 5 | E. In Limine Motions
A party may reserve only one hearing date for a given motion.
A Party may not, however, reserve more than one date for the same motion.
Page 4 | IV. LAW AND MOTION
The parties must meet and confer in good faith to resolve as many in limine motions as possible before trial.
The Parties must meet and confer in a good faith effort to resolve as many in limine motions as possible before trial.
Page 5 | E. In Limine Motions
Adjournment & Extension Requirements
Trial continuances are disfavored and will be granted only upon 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.
Page 2 | II. GENERAL PROCEDURES
Chambers Communication Rules
The Courtroom Clerk must receive telephone notice by 12:00 p.m. on the day before an ex parte hearing.
Telephone notice to the Courtroom Clerk must be given by 12:00 p.m. the day before the ex parte hearing.
Page 3 | III. EX PARTE APPLICATIONS