Riverside Superior Court
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Courtesy Copies
Deposition Transcript
- On First Day of Trial
Witness List, Exhibit List, Exhibits, Judicial Notice Request, Motion in Limine, Opposition, Trial Brief, Stipulation, Jury Instructions, Verdict Form
- 1 copy
Adjournments
- Requests to excuse an attorney, party, or insurance claims professional from appearing at the MSC must be presented at least 10 days before, supported by a declaration, and served on all parties.
- Requests to continue a hearing, CMC, TSC, or status conference must be labelled as such, supported by a declaration or stipulation showing good cause, and accompanied by a proposed order.
Request must include
Document Format Requirements2 rules
For ease of reference during testimony, each page of each exhibit shall bear a unique and consecutive page number.
Exhibits must be numbered in advance. Each exhibit shall bear a separate exhibit number (i.e., avoid marking exhibits “3a, 3b, 3c…”).
Document Filing Requirements42 rules
A list of all witnesses the party intends to call to testify at trial, including the witness’s name and a single-sentence description of the anticipated subjects on which the witness is expected to testify. In a jury trial, the list shall also identify (i) the community in which each non-expert witness resides and (ii) the occupation and area of the principal office of each expert witness.
In a jury trial, a list of form jury instructions and the text of special jury instructions that the party proposes to use.
Plaintiffs must describe each claim, the relief sought, the damages elements, and the amount of each economic damage element; defendants must describe each affirmative defense.
Court's wording
If a plaintiff, a description of each claim in support of which the party intends to offer evidence at trial and of the relief being sought as to each claim, including the nature of each element of damages for which recovery is sought and the amount of each element of economic damages. If a defendant, a description of each affirmative defense in support of which the party intends to offer evidence at trial.
The exhibit list must include exhibit number, a title or brief description, and page count, and copies of exhibits not previously uttered in discovery must be supplied for all but impeachment-only exhibits.
Court's wording
A list of all exhibits that the party intends to find at trial, except those intended to be used solely to introduce matters and rebut a witness. The list shall include the exhibit number, a title or other brief description, and the number of pages of the exhibit. Except for the tender of impeachment, if any exhibit has not been previously offered in discovery, a copy of that exhibit shall also be exchanged for it.
In a jury trial, a proposed verdict form.
When a party fails to participate in the Issues Conference or cooperate, the remaining party must prepare and sign the proposed documents, and the Proposed Joint Pretrial Statement must include a declaration detailing the attempts to confer or obtain cooperation.
Court's wording
If counsel for any party fails to participate in the Issues Conference, or otherwise fails to cooperate in the preparation of the documents specified above, then counsel for the remaining party or parties shall prepare and sign proposed versions of those documents. In that event, the Proposed Joint Pretrial Statement shall include a declaration describing the attempts made by the remaining party or parties to confer with or obtain the cooperation of the non-complying party.
In jury trials, counsel must submit an agreed verdict form or, failing agreement, a partial joint form with separate proposals on the contested aspects.
Court's wording
In a jury trial, an agreed-upon verdict form. If counsel are unable to agree on a joint proposal for the verdict form, then counsel shall include a joint proposed verdict form to the limited extent to which all counsel can agree, together with their separate proposals as to those aspects on which counsel cannot agree.
In jury trials, counsel must submit agreed-upon jury instructions and, for non-agreed instructions, identify which party or parties propose or agree to each instruction.
Court's wording
In a jury trial, the form jury instructions and any special jury instructions on which all parties agree. If the parties do not all agree as to all instructions requested, counsel shall also prepare the form jury instructions and any special jury instructions on which all parties have not agreed. Each of the latter instructions shall identify the party or parties who are proposing or have agreed to that instruction.
Counsel must prepare a joint exhibit list stating stipulations as to admissibility/authenticity, and unlisted exhibits cannot be introduced except for good cause or impeachment.
Court's wording
A joint exhibit list in the manner described in subdivision 2. The exhibit list shall indicate whether the parties have stipulated to the admission or the authenticity of the exhibits. Except for good cause, no party will be allowed to introduce any exhibit that is not on that list for any purpose other than impeachment of a witness.
Counsel must prepare a joint witness list, and any witness not listed cannot be called except for good cause or impeachment.
Court's wording
In addition to the Joint Pretrial Statement, counsel shall prepare: i) A joint witness list in the manner described in subdivision 2. Except for good cause, no party will be allowed to call any witness who is not on that list for any purpose other than impeachment of a witness.
Counsel who cannot agree on a joint statement of the case must submit one to the extent of their agreement, and separate proposals for the disputed portions.
Court's wording
If counsel are unable to agree on a joint proposal for the statement of the case, then counsel shall include a joint statement of the case to the limited extent to which all counsel can agree, together with the separate proposals as to those aspects on which counsel cannot agree.
Any motion seeking to preclude the introduction of any evidence or to otherwise prevent the mention or display of inadmissible and prejudicial matter in the presence of the jury: i.) Shall clearly describe the specific evidence or matter alleged to be inadmissible and prejudicial.
Except in cases of issue preclusion based on responses to requests for admissions, previously ordered sanctions for abuse of the discovery process, or other extraordinary circumstances, the Court will not entertain a motion seeking to exclude evidence merely because it differs from a party's discovery responses.
Shall be numbered sequentially according to the party or side bringing it (e.g., Plaintiff’s No. 1, Plaintiff’s No. 2, Defendant Smith’s No. 1, Defendant’s #2, etc.).
Parties filing motions in limine must submit one proposed order covering all of their motions, stating each motion's precise relief and, for exclusions, directing counsel and witnesses not to refer to the excluded evidence.
- Document
- Motion in limine
Must include
- •Proposed order
Court's wording
Any party submitting any motions in limine shall submit a single proposed order encompassing all motions made by that party. As to each motion, the proposed order shall state the precise relief sought so that the ruling can be understood from the language of the order without the need to refer to the text of the motion. If the motion seeks to exclude certain evidence, the proposed order shall describe the precise evidence being excluded, shall direct counsel not to refer to the excluded evidence during trial, and shall direct counsel to advise their parties and witnesses not to refer to it.
Motions in limine must be tailored to the specific issues and evidence of the case and cannot seek general legal declarations.
Court's wording
Shall be tailored to the specific issues of the case and to the specific evidence expected to be introduced at trial. They shall not seek declarations of existing law of general application, e.g., that the opposing party may not introduce inadmissible hearsay.
A motion to exclude evidence or prejudicial matter must be supported by a declaration of a meet-and-confer with opposing counsel and must explain the specific prejudice if the motion is denied.
Court's wording
Shall be supported by a declaration that both: (1) Demonstrates that the subject of the motion has been discussed with opposing counsel, and that opposing counsel has either (A) indicated that such matter will be mentioned or displayed in the presence of the jury or (B) refused to stipulate that such matter will not be mentioned or displayed in the presence of the jury unless and until it is admitted into evidence; and (2) Explains the specific prejudice that will be suffered by the moving party if the motion is not granted.
Shall be supported by a memorandum of points and authorities.
The proposed jury instructions shall be fully edited and shall be in the form required by California Rule of Court, rule 2.1055, including the index prescribed by rule 2.1055(b).
All parties must bring the documents specified in Local Rule 3401 §9.b on the day of the trial call, except for non-jury unlawful detainer trials and non-jury trials of five hours or less; failure may result in continuance or sanctions.
Court's wording
Except for non-jury unlawful detainer trials and non-jury trials estimated to take five hours or less, all parties must comply with Riverside Superior Court Local Rule 3401, and must bring the documents specified in § 9.b. of that rule on the day of the trial call. There will be no other exceptions. Failure to comply with that rule may result in the continuance of the trial, in the imposition of the sanctions described in rule 3401, and/or in an OSC why monetary sanctions should not be imposed.
Declarations supporting motions must be executed by a declarant with personal knowledge and signed under penalty of perjury per CCP 2015.5; the Court will not rely on unsworn or information-and-belief assertions.
Court's wording
Any declaration in support of a motion or application must be (a) executed by a declarant with personal knowledge of the facts stated and (b) signed under penalty of perjury consistent with Code of Civil Procedure section 2015.5. The Court will not rely on factual assertions for which no basis of personal knowledge of the declarant is shown, that are certified to be true only to the best of the declarant's information and belief, or that are not sworn.
All factual assertions on which the motion or application relies must be supported by competent evidence in the form of either a declaration or stipulation of facts.
The declaration should explain (1) the date on which the defendant or cross-defendant was named, if different from the date the pleading was filed, (2) the date on which the efforts to serve occurred, (3) the nature of those efforts, (4) the results of those efforts, and (5) the date and nature of the additional steps taken in response to those results.
The Court does not need, and does not want, another copy of the proof of service, answer, default, or dismissal itself.
The declaration should state (1) the date on which you made contact with the defendant or the defendant’s counsel or adjuster, (2) the date on which the last offer or demand was exchanged, (3) the length of any extension of time granted, and (4) the date that extension expires. If you have granted an extension longer than the 15 days permitted under California Rules of Court, rule 3.110(d), then the declaration should explain that decision.
Your declaration should identify each defendant or cross-defendant named in your pleading that the clerk describes as either Serve Required or Served. As to each one, the declaration should separately explain either (i) why the clerk is mistaken or (ii) why there is good cause for the failure to serve or take the default of that party.
If the Court is mistaken, the declaration in response should state the date that the CMS was filed. If the Court is correct, the declaration should state the reasons why the CMS was not filed in a timely fashion.
If the Court is incorrect, the declaration in response should state the date that a complete CMS was filed and the location in the CMS of the information regarding the nature and amount of the damages and other relief may be found. If the Court is correct, the declaration should state the reasons why the required information was not included in the CMS.
A list of facts or issues of law that the party believes are not controverted and to which the party is willing to agree.
The Court will use applicable CACI instructions unless a party demonstrates a proposed different instruction is more accurate and clearer for jurors.
Court's wording
If there are CACI instructions applicable to the legal issues presented, the Court will use those CACI instructions unless the party proposing a different instruction demonstrates that the instruction proposed would more accurately state the law and be more clearly understood by the jurors.
The instructions should be divided into two sets: those to which all parties agree, and those to which some party has an objection.
Any motion or application for relief should describe any prior motion or application in this case for the same or similar relief, including the name of the party who brought the prior motion or application, the date of the ruling on that motion or application, and the nature of that ruling.
Sanctions are not reserved for cases in which counsel intentionally violated the requirement in question. Instead, sanctions are likely to be imposed whenever the declaration fails to demonstrate good cause for that violation.
Filing a revised CMS after an OSC issues does not excuse the original failure to file a complete CMS and is unlikely to avoid sanctions.
Court's wording
Filing a revised CMS after the issuance of the OSC does not explain why the party failed to file a complete CMS in the first instance, does not excuse the failure to file a complete CMS when it was due under the Rules of Court, and thus is not likely to avoid the imposition of sanctions.
After a trial continuance, no further Issues Conference or trial document revision is required absent a material change; any counsel seeking changes must meet and confer with all other counsel.
Court's wording
In the event that the trial is continued after the Issues Conference has been conducted and the trial documents have been prepared, counsel need not conduct a further Issues Conference or revise any of the trial documents unless there has been a material change. In the event that counsel for any party believes that any trial document needs to be changed or supplemented, that counsel shall meet and confer with all other counsel.
If a violation occurred but no good cause exists, counsel need not file an OSC response declaration; sanctions are imposed for lack of good cause, not for failing to file the declaration.
Court's wording
Sanctions are imposed for the failure to demonstrate good cause for a violation, not for the failure to file a declaration in response to the OSC. Therefore, if there has been a violation but there is no good cause to be shown, counsel need not file a declaration. Refraining from doing so will save counsel time, save the client money, and allow the Court to impose the appropriate sanction without a hearing.
Except for good cause, no party will be allowed to introduce evidence on which to base any claim, any element of damage, or any affirmative defense into the record of the complaint.
The Joint Pretrial Statement must be one document with one caption and one set of signatures and must contain a joint statement of parties and counsel, a stipulation of agreed facts and legal issues (including any in-limine resolutions), and a joint statement of claims and defenses.
- Document
- Joint pretrial statement
Must include
- •Caption
Court's wording
The Joint Pretrial Statement shall be contained in a single document with a single caption and a single set of signatures. The statement shall include the following: i) A joint statement of parties and counsel, listing the full name of each party remaining in the action and the name of the attorney, if any, who will represent that party at trial. ii) A statement of the precise fact or legal issues with which the parties agree. If the parties have resolved any potential motions in the record, the stipulation should state those resolutions. iii) A joint statement of claims and defenses in the manner specified in subdivision 2.
If there is no disagreement, then the agreed-upon issue shall be included in the parties' separate stipulated facts and legal issues.
Trial briefs concerning the legal issues of trial are required in non-jury trials and encouraged in jury trials. However, submission of a trial brief does not excuse compliance with any entire of this rule.
Any motion or opposition to a motion dependent on particular facts shall be supported by competent, admissible evidence establishing those facts. Any declaration submitted must demonstrate the declarant's personal knowledge and be authenticated with documentary evidence.
A jury-trial statement of the case must be neutral and non-argumentative, state basic uncontested facts and each party's contentions, generally not exceed four or five sentences, and use plain English.
Court's wording
In a jury trial, a proposed statement of the case suitable for the reading to the jury venire (unless the parties have already agreed to begin voir dire with brief opening statements in accordance with Code of Civil Procedure section 222.5). The statement of the case should be neutral and non-argumentative. It should include the basic uncontested facts and, to the extent necessary, the contentions of the parties. It should rarely be more than what is required for a few simple sentences. It should be in plain English without any legal or technical jargon.
Filing & Service rules
Filing Timing and Cure Windows
Trial documents must not be filed before trial; they must be filed on the first day of trial in the assigned trial department.
No trial document shall be filed prior to the trial date. Instead, all trial documents shall be filed on the first day of trial in the department to which the case has been assigned for trial.
Page 5 | FILING TRIAL DOCUMENTS
Service and Proof of Service Rules
Counsel for all parties must exchange the listed pre-trial documents no later than 14 days before trial, or by another time the parties agree upon.
Not later than 14 days before the date set for trial, or by such other time agreed upon by counsel, counsel for all parties shall exchange each of the following:
Page 1 | 2) EXCHANGE OF DOCUMENTS
Plaintiff's counsel must serve all defendants and file proofs of service within 60 days of filing the complaint.
California Rules of Court, rule 3.110(b), requires plaintiff’s counsel to serve all defendants and to file all proofs of that service within 60 days of the filing of the complaint.
Civil cases
Page 2 | C. SERVICE OF SUMMONS AND COMPLAINT
Immediately upon learning of an order setting an MSC, trial counsel for each party should mail a copy of that order to all handling insurance claims professionals for that party's insurance carriers.
Immediately upon learning of an order setting an MSC, trial counsel for each party should mail a copy of that order to all handling insurance claims professionals for that party's insurance carriers.
Civil cases
Page 11 | I. MANDATORY SETTLEMENT CONFERENCES
A party obtaining an order must promptly serve a copy on all parties and file proof of service with the Court.
Any party who obtains an order as a result of any motion, application, or stipulation filed by that party should promptly (a) serve a copy of that order on all parties and (b) file a proof of that service with the Court.
Civil cases
Page 12 | J. MOTIONS & APPLICATIONS IN GENERAL
Counsel are encouraged to exchange exhibits electronically in a standardized format.
Counsel are encouraged to exchange their exhibits electronically in a standardized format.
Page 5 | EXCHANGE OF DOCUMENTS
Courtesy Copy Requirements
Counsel must provide the original and one copy of each listed trial document to the Court on the first day of trial.
In addition to the copies provided to opposing counsel and any copies to be conformed, counsel shall provide the original and one copy of each of the following trial documents to the Court: i) Joint Pretrial Statement, or Proposed Joint Pretrial Statement. ii) Joint Witness List, or Proposed Joint Witness List. iii) Joint Exhibit List, or Proposed Joint Exhibit List. iv) Exhibits. v) Requests for judicial notice (if any). vi) Motions in limine (if any), and proposed order. vii) Oppositions to motions in limine (if any). viii)Trial brief (if any). ix) Stipulation of facts or issues of law (if any). x) In a jury trial, jury instructions and verdict form.
Page 5 | FILING TRIAL DOCUMENTS
A party intending to read from a deposition transcript must lodge the original transcript with the court on the first day of trial.
Any party who intends to read from a deposition transcript during trial shall lodge the original transcript with the court on the first day of trial.
Page 5 | FILING TRIAL DOCUMENTS
Filing Bundling Requirements
Unless there are less than 10 exhibits, all documentary exhibits and photographs (8 ½” x 12” or smaller) should be placed in a loose-leaf notebook with numbered dividers corresponding to the exhibit number.
Unless there are less than 10 exhibits, all documentary exhibits and photographs (8 ½” x 12” or smaller) should be placed in a loose-leaf notebook with numbered dividers corresponding to the exhibit number.
Page 5 | EXCHANGE OF DOCUMENTS
Pre-Motion Conference Requirements
Motions in limine may be brought only when the parties dispute the subject of the motion.
Motions in limine shall be brought only if the parties disagree as to the subject of the motion.
Page 3 | MOTIONS IN LIMINE
Adjournment & Extension Requirements
Requests to excuse an attorney, party, or insurance claims professional from appearing at the MSC must be presented at least 10 days before, supported by a declaration, and served on all parties.
Any request to excuse any attorney, party, or insurance claims professional from personally appearing at the MSC should be: a. Presented to the Court at least 10 days before the MSC. b. Supported by a declaration by the person seeking to be excused from appearing. That declaration should: (i) Establish the facts justifying the excuse; (ii) State whether the party, attorney, or insurance claims professional was personally present at any prior mediations or settlement conferences; and (iii) Describe the extent to which that party, attorney, or insurance claims professional participated in any prior mediation, settlement conference, or informal settlement efforts. c. Be served on all parties.
Civil cases
Page 11 | I. MANDATORY SETTLEMENT CONFERENCES
Requests to continue a hearing, CMC, TSC, or status conference must be labelled as such, supported by a declaration or stipulation showing good cause, and accompanied by a proposed order.
Any request to continue a hearing, a CMC, a TSC, or a status conference should be (a) labelled as being a request for such relief, (b) supported by a declaration or stipulation establishing the facts that demonstrate good cause for that relief, and (c) accompanied by a proposed order.
Civil cases
Page 12 | J. MOTIONS & APPLICATIONS IN GENERAL
Chambers Communication Rules
In addition to filing a timely declaration in compliance with RSC Local Rule 3116, the Court expects you to speak to the clerk’s office in an effort to correct those errors by pointing out to the clerk the dates of the overlooked proof of service, answer, entry of default, or dismissal, as the case may be.
In addition to filing a timely declaration in compliance with RSC Local Rule 3116, the Court expects you to speak to the clerk’s office in an effort to correct those errors by pointing out to the clerk the dates of the overlooked proof of service, answer, entry of default, or dismissal, as the case may be.
Civil cases
Page 20 | Particular OSCs
If trial counsel becomes aware that any insurance claims professional is refusing to attend the MSC, trial counsel should advise the Court in writing of the name, address, and telephone number both of the person who is refusing to attend and that person's supervisor.
If trial counsel becomes aware that any insurance claims professional is refusing to attend the MSC, trial counsel should advise the Court in writing of the name, address, and telephone number both of the person who is refusing to attend and that person's supervisor.
Civil cases
Page 11 | I. MANDATORY SETTLEMENT CONFERENCES