Judge John Vineyard
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Deposition Transcript
Court-wide- On First Day of Trial
Witness List, Exhibit List, Exhibits, Judicial Notice Request, Motion in Limine, Opposition, Trial Brief, Stipulation, Jury Instructions, Verdict Form
Court-wide- 1 copy
Adjournments
- Requests for a second call or later appearance require good cause and actual communication with opposing counsel (telephone conversation or email/text response), and must be requested at check-in by 9:00 a.m.; leaving a voicemail does not count.
- Continuance requests must show good cause based on sufficient supporting facts; stipulation alone or a bare 'conflict' statement does not establish good cause.
- Counsel should schedule and have available more witnesses than they believe will be necessary each day of trial. Parties shall at all times have at least one witness, in addition to the witness testifying, in the courthouse and ready to testify. No recess or continuance will be granted for lack of an available witness absent proof of service of a subpoena or notice to appear.
- +1 more
Request must include
Document Format Requirements1 rule
no fewer than three (3) sets of exhibits for trial (One each for the Court, Courtroom Assistant and Witnesses). Each exhibit shall be pre-marked and pre-labeled. Labels are available at counsel table on the day of the hearing. The exhibits shall be in binders with tabs identifying each exhibit. Unless otherwise ordered by the court, all exhibits shall be pre-marked and exchanged 10 days before the day of trial. Petitioner’s exhibits shall be marked with numbers (1, 2, 3, etc.) and the Respondent’s exhibits marked with letters (A, B, C, etc.). On the day of trial, the Court will only accept exhibits that are properly pre-labeled and pre-marked.
- Exhibits
Formatting
- •Exhibits must be in binders with tabs identifying each exhibit
Document Filing Requirements5 rules
Attorneys and self-represented parties must prepare and file a written stipulation covering undisputed facts, disputed facts with each party's proposed findings, and undisputed issues.
Court's wording
No later than 10 days before the Trial Readiness Conference or Trial Setting Conference or 10 days before trial (if no Trial Readiness Conference is set), all attorneys and self- represented parties shall prepare and file a written stipulation including: (a) Undisputed facts; (b) Disputed facts, including each party’s proposed finding on each disputed fact; (c) Undisputed issues;
At least 10 days before the trial, the parties shall update and serve on each other the following documents: (a) Current income and expense declaration, including all required attachments (pay stubs/profit and loss); (b) Two most recent tax returns, including personal and corporate returns, if applicable, including all attachments and schedules, W–2 forms, and 1099 forms; (c) Most recent financial statements, showing current balances of any assets and debts that the parties will request the court to make findings or orders on; (d) Financial statements showing balances of assets and debts at date of separation that the parties will request the court to make findings and orders on; (e) Supporting documents for any credits or reimbursements sought; (f) Documents showing fair market values of property; (g) Any documents related to imputation of income, including: I. Job listings II. Job search efforts III. Vocational evaluations; and (h) A Proposed Judgment with a good faith settlement of all issues in the case. The parties must provide the documents listed in #3 to the court upon request.
- Document
- Trial financial disclosures
Must include
- •Proposed order
As a result of the unavailability of court reporters, all stipulations must be submitted to the court in writing.
the Court will not consider a “separate statement” or unilateral joint statement, unless it is accompanied by a declaration demonstrating reasonable, good faith, diligence in working with the opposing party to prepare the required joint pleading.
(e) Exhibits that can be admitted without foundation; (f) Exhibits requiring further foundation, including a description of the exhibit and identifying the proffering party (not including impeachment exhibits); (g) Time estimate for trial; and (h) List of witnesses each party intends to call, a short description of anticipated testimony, and time estimates for direct and cross-examination (not including impeachment witnesses).
Filing & Service rules
Filing Timing and Cure Windows
The written stipulation must be filed no later than 10 days before the Trial Readiness Conference or Trial Setting Conference, or 10 days before trial if no such conference is scheduled.
No later than 10 days before the Trial Readiness Conference or Trial Setting Conference or 10 days before trial (if no Trial Readiness Conference is set), all attorneys and self- represented parties shall prepare and file a written stipulation including: (a) Undisputed facts; (b) Disputed facts, including each party’s proposed finding on each disputed fact; (c) Undisputed issues;
Page 2 | Orders Related to Trial
Exhibits must be pre-marked and exchanged at least 10 days before the trial date unless the court directs otherwise.
Unless otherwise ordered by the court, all exhibits shall be pre-marked and exchanged 10 days before the day of trial.
Page 4 | STANDING ORDERS
Adjournment & Extension Requirements
Continuance requests must show good cause based on sufficient supporting facts; stipulation alone or a bare 'conflict' statement does not establish good cause.
All requests for continuances, whether stipulated or not, require a showing of good cause. The fact that the parties or counsel stipulate does not constitute good cause. Good cause is a finding by the Court based on facts presented, by stipulation or otherwise. The Court expects requests for continuances to include sufficient facts justifying the request such that the Court can determine if good cause exists. As an example, a statement the counsel “has a conflict” is not sufficient to establish good cause. The Court will need additional information, such as what the conflict is, when it was discovered and why the conflict is more important than the appearance in Department F501.
Page 1 | Orders for All Proceedings
Requests to continue trial should be by noticed motion. Stipulations will only be considered if good cause is established in the stipulation. If exigent circumstances exist, requests can be made by ex parte application. All trial-related ex parte applications will be heard Monday through Friday at 8:30 am. No requests for trial continuances will be considered on the day of trial. Moving counsel must appear in person. All other counsel may appear remotely. No unilateral request for a trial continuance will be considered.
Requests to continue trial should be by noticed motion. Stipulations will only be considered if good cause is established in the stipulation. If exigent circumstances exist, requests can be made by ex parte application. All trial-related ex parte applications will be heard Monday through Friday at 8:30 am. No requests for trial continuances will be considered on the day of trial. Moving counsel must appear in person. All other counsel may appear remotely. No unilateral request for a trial continuance will be considered.
Page 3 | STANDING ORDERS
Counsel should schedule and have available more witnesses than they believe will be necessary each day of trial. Parties shall at all times have at least one witness, in addition to the witness testifying, in the courthouse and ready to testify. No recess or continuance will be granted for lack of an available witness absent proof of service of a subpoena or notice to appear.
Counsel should schedule and have available more witnesses than they believe will be necessary each day of trial. Parties shall at all times have at least one witness, in addition to the witness testifying, in the courthouse and ready to testify. No recess or continuance will be granted for lack of an available witness absent proof of service of a subpoena or notice to appear.
Page 4 | STANDING ORDERS
Requests for a second call or later appearance require good cause and actual communication with opposing counsel (telephone conversation or email/text response), and must be requested at check-in by 9:00 a.m.; leaving a voicemail does not count.
The Court will not accept a request for “second call” or a later appearance without good cause and the courtesy of communication with opposing counsel or opposing party. In this context, “communication” requires either a telephone conversation or a response to an email or text. Simply leaving a message for opposing counsel is not sufficient. A party requesting second call must check in by 9:00 A.M. and request second call at check-in.
Page 2 | Orders for All Proceedings