Judge Manuel Bustamante
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
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 to continue trial must be by noticed motion; ex parte only for exigent circumstances; motion must show good cause; stipulations must conform to CCP 595.2; court won't accommodate postponements beyond 30-day limit.
- Requests to shorten time for notice or advance a hearing will not be considered unless the motion is filed, a hearing date is on calendar, and the filing fee is paid (or a fee waiver obtained).
Request must include
Communication
Chambers
Phone
Chambers
Phone
Chambers
Page & Word Limits1 rule
Trial Briefs must not exceed 15-pages inclusive of attachments.
- Trial brief
- Up to 15 pages
Document Format Requirements1 rule
Exhibits must be BATES stamped in sequential order as required by local rule 3401.
Formatting
- •BATES stamped in sequential order
Document Filing Requirements12 rules
Counsel must meet and confer and file a declaration at least 10 days before the Trial Setting Conference addressing trial dates, bench/jury request, and ADR; failure to file or meet and confer may result in sanctions up to $1,500.
Court's wording
10. Trial Setting Conference (TSC) A. In advance of any TSC, counsel are ordered to meet and confer and to prepare and file a declaration at least 10 days in advance of the TSC addressing all of the following: 1. 3 available dates for trial, beginning on a Friday at 8:30 a.m., within approximately 6-9 months of the TSC. Failure to select mutually agreeable dates, or to provide a detailed explanation as to why any dates selected are well outside the 6-month window, may result in the Court setting a trial date without input from the parties; 2. Whether parties are requesting a bench or jury trial, and the length of the anticipated trial in hours, if possible. If parties are unsure how to
Motions in Limine (if any) and proposed order for each
- Document
- Motion in limine
Include
- •Proposed order
Motions in limine must be specific to particular evidence; generic MILs enforcing general legal principles are improper and will be summarily denied.
Court's wording
MILs should be specific to allow the Court to make an enforceable order with respect to particular evidence. Counsel should not file MILs to enforce general legal principles e.g., to prohibit "golden rule" arguments, to prohibit general use of documents not disclosed during discovery, to prohibit use of hearsay evidence, etc. These types of generic motions are improper and will be summarily denied.
Impeachment exhibits must be labeled, BATES stamped, tabbed, and enclosed in a labeled envelope/package, provided to the court by trial date, with preclusion for non-compliance.
Court's wording
Impeachment Exhibits need not be in the exhibit binder(s). Such evidence must be provided to the court in the following manner no later than the trial date: exhibits that will be offered solely for impeachment must be labeled, organized numerically, BATES stamped, and tabbed in the manner of all other exhibits and should be enclosed in a labeled envelope or package, which need not be shared in advance with opposing parties. Failure to provide impeachment exhibits to the Court as required will result in the Court precluding their use.
In unlimited civil proceedings, a party who has received a fee waiver may request an official court reporter pursuant to California Rules of Court, rule 2.956(b)(3) at least 10 calendar days prior to a trial or hearing by submitting Judicial Council form FW-020.
Discovery resolutions reached at an IDC must be memorialized in a stipulation or other agreement.
Court's wording
The court notes that if the parties are able to resolve any discovery issues at the IDC, their resolution will need to be memorialized in a stipulation or other agreement as the court does not provide court reporters for IDCs
An IDC request must be jointly submitted by all counsel and include specific discovery issues (max 1 page per side), counsel contact information, and 3 proposed dates and times between 1:00-3:00 p.m. on a Thursday or Friday, at least one week but no more than six weeks after the request.
Court's wording
The request must be jointly submitted by ALL counsel, and must contain ALL of the following information: 1. The specific discovery issues to be resolved broken down categorically (by type and nature of information sought), with a brief description of each party's position on the disputed issue, no more than 1 page per side; 2. Contact information for all counsel who will be participating in the discovery conference, including email address and telephone number. 3. 3 proposed dates and times during which all counsel will be available for a telephonic/video conference with the court. Counsel must stipulate to proposed times between 1:00 p.m. and 3:00 p.m., on a Thursday or Friday and must select dates that are at least one week after the date the joint request is made, and no more than six weeks after it is made.
Any disputes in instruction content must be outlined to court specifying the differences in both sides proposed language and authority for it.
Parties must prepare the joint trial documents required by Local Rule 3401, including pretrial statement, witness list, exhibit list, BATES-stamped exhibits, MILs, trial brief, and jury instructions.
Court's wording
All parties must comply with Riverside Superior Court Local Rule 3401 which can be found on the Court’s website: https://www.riverside.courts.ca.gov/GeneralInfo/LocalRules/local- rules.php Local rule 3401 requires the preparation of the following documents: 1. Joint Pretrial Statement; 2. Joint Witness List (with estimated lengths of direct/cross examination); 3. Joint Exhibit List; 4. Exhibits (BATES stamped in sequential order); 5. Requests for judicial notice (if any); 6. Motions in Limine (if any) and proposed order for each; 7. Oppositions to motions in limine (if any); 8. Trial brief (if any); 9. Stipulation of facts or issues of law (if any); 10. In a jury trial, jury instructions, Index table, and verdict
Party-submitted jury questionnaires must be joint or uncontested; the Court will not select among competing questionnaires.
Court's wording
If the parties have a questionnaire that they would like to use, it must be a joint questionnaire submitted by all parties, or a questionnaire submitted by one party to which other parties have no objections; the Court will not select among competing questionnaires.
To help the Court, litigants are advised to provide detailed information in their CMS about when and how they met and conferred (as required by the aforementioned rules) and what, if any, agreements they reached relative to substantive issues, procedural issues, the timeline for discovery, and possibility of any ADR.
Parties without a fee waiver who arrange their own court reporter must file form RI-RE003 or RI-RE005 with the Court at least 5 days before any hearing.
Court's wording
For parties without a fee waiver, the parties may arrange, at their own expense, for their own reporter: the Court's policy governing Privately Retained Court Reporters: https://www.riverside.courts.ca.gov/system/files/2024-02/A101004%20Privately%20Retained%20Court%20Reporter.pdf Per this policy, parties must file with the Court at least 5 days prior to any hearing either: (1) local form RI-RE003 (Court-Approved List of Official Reporters Pro Tempore); or (2) Local form RI-RE005 (stipulation to a court reporter that is not on the Court-Approved list).
Filing & Service rules
Filing Timing and Cure Windows
A written response to an Order to Show Cause must be filed with the Court at least 5 days in advance of the hearing.
If an OSC is set by the Court, litigants must comply with local rule 3116, which provides that a written response to any OSC be filed with the Court at least 5 days in advance of the hearing.
Page 4 | 9. Orders to Show Cause (OSC)
If no timely request for oral argument is made, tentative rulings become final on the hearing date and the matter is taken off calendar.
If no request for oral argument is timely made, tentative rulings become final effective on the date of the hearing and the matter will be taken off calendar.
Page 3 | 5. Law and Motion
Failure to file a timely written response to an OSC may constitute an admission of no meritorious grounds, allowing the Court to vacate the hearing and issue orders in chambers, including sanctions.
Local Rule 3116 further provides that "failure to file a timely declaration [may] constitute an admission by the responding party that there are no meritorious grounds on which to oppose the action that is the subject of the Order to Show Cause. In that event, the Court may vacate the hearing and issue any order consistent with that admission." In other words, failure to respond in writing to the OSC may result in the court vacating the hearing on the OSC and making orders in chambers, including orders imposing sanctions on parties and counsel.
Page 4 | 9. Orders to Show Cause (OSC)
Service and Proof of Service Rules
Parties seeking ex parte relief must email a copy of the ex parte application and all supporting documents to opposing counsel no later than 4:00 p.m. the day prior to the ex parte hearing.
In addition to complying with the California Rules of Court and applicable Local Rules governing ex parte applications, parties seeking ex parte relief must email a copy of any ex parte application (and all supporting documents) to the opposing party/counsel no later than 4:00 p.m. the day prior to the ex parte hearing.
Page 3 | 4. Ex Parte Applications
Opposition to an ex parte application must be served on the moving party/counsel as soon as it is filed with the Court.
Any opposition to an ex parte application must be served on the moving party/counsel as soon as it is filed with the Court.
Page 3 | 4. Ex Parte Applications
Filing Bundling Requirements
Parties must deliver one tabbed binder containing all joint trial documents to Department PS2 before the matter is called; trial documents are not to be filed separately.
Parties are to deliver to Department PS2 1 tabbed binder containing all joint documents above prior to the matter being called on the date of hearing. Trial documents are not to be filed separately.
Page 5 | 11. Trials
Adjournment & Extension Requirements
Requests to shorten time for notice or advance a hearing will not be considered unless the motion is filed, a hearing date is on calendar, and the filing fee is paid (or a fee waiver obtained).
Requests to shorten time for notice, or to advance the hearing on a motion, will not be considered unless: (1) the motion has been filed with the Clerk's Office, (2) a hearing date is on calendar, and (3) the appropriate filing fee has been paid (or a fee waiver obtained).
Page 3 | 4. Ex Parte Applications
Requests to continue trial must be by noticed motion; ex parte only for exigent circumstances; motion must show good cause; stipulations must conform to CCP 595.2; court won't accommodate postponements beyond 30-day limit.
Requests to continue trial shall be made by noticed motion. Ex parte applications are only considered if supported by exigent circumstances. Trial dates are “firm” and continuances are “disfavored,” so any motion should be specific in stating circumstances demonstrating good cause for a continuance. (Rules of Court, rule 3.1332.) Stipulations to continue trial should conform to Code of Civil Procedure section 595.2. The Court will not be able to accommodate postponements where the requested trial date(s) are unavailable or are over the 30-day limit permitted by Code of Civil Procedure Section 595.2.
Page 7 | O. Requests to continue trial
Chambers Communication Rules
To request oral argument, counsel must notify the judicial secretary for Department PS2 at (760) 904-5722 and inform all other parties no later than 4:30 p.m. on the court date before the hearing.
To request oral argument, not later than 4:30 p.m. on the court date before the hearing, you must: 1. Notify the judicial secretary for Department PS2 at (760) 904-5722; and 2. Inform all other parties.
Page 3 | 5. Law and Motion
When ordered to provide documentation to the Court via email, counsel must email the courtroom assistant at DeptPS2@riverside.courts.ca.gov with a copy to all counsel, and messages must be limited to information related to the request.
If you are ordered to provide documentation to the Court via email, you must, unless otherwise ordered, email the courtroom assistant at DeptPS2@riverside.courts.ca.gov with a copy to all counsel in the action. The messages sent to the courtroom assistant must be limited to information related to the request.
Page 1 | Department Rules
Parties may request an informal discovery conference by filing a formal stipulation or emailing DeptPS2@riverside.courts.ca.gov with a copy to all counsel; the request must be jointly submitted by all counsel.
The parties may file a formal stipulation complying with the requirements below or, alternatively, may submit an email to DeptPS2@riverside.courts.ca.gov with a copy to all counsel in the action. The request must be jointly submitted by ALL counsel, and must contain ALL of the following information:
Page 4 | 8. Informal Discovery Conference (IDC)
Before contacting staff, counsel should thoroughly review applicable codes and rules; if those resources do not address the issue, the courtroom assistant may be reached at (760) 904-5693.
Resources are limited, before contacting staff, all counsel should thoroughly review any applicable California Code, the California Rules of Court, Riverside County Local Rules, PS2 Department Rules, and the Court's website (https://www.riverside.courts.ca.gov/system/files/general/ps2_trialrules.pdf) If these resources do not address your particular issue or concern, the courtroom assistant may be reached at (760) 904-5693.
Page 1 | Department Rules