Riverside Superior Court Document Filing Requirements

CRITICAL

Applies to

Osc response

Failure to file a timely written response (declaration) to an Order to Show Cause may be deemed an admission of no meritorious grounds to oppose, and the Court may vacate the hearing and enter orders, 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.

CRITICALCivil cases

Applies to

Exhibit binder

all exhibits (including demonstratives) the parties intend to offer at trial must be included in a jointly-prepared exhibit binder lodged with the court by 4:00 p.m. 7 days prior to the date of trial, absent an order from the Court to the contrary. Exhibits not included in the joint binder, with the exception of those offered solely for impeachment, will be excluded from evidence.

all exhibits (including demonstratives) the parties intend to offer at trial must be included in a jointly-prepared exhibit binder lodged with the court by 4:00 p.m. 7 days prior to the date of trial, absent an order from the Court to the contrary. Exhibits not included in the joint binder, with the exception of those offered solely for impeachment, will be excluded from evidence.

CRITICAL

Applies to

Settlement conference request

A joint request for a Voluntary Settlement Conference must contain all listed items (position descriptions, past-efforts explanation, certifications, contact information, format preference, proposed dates, and Local Form RI-C1028), and failure to include any results in denial.

The joint request should contain ALL of the following information: • A brief description of each party's position on the disputed issues in the litigation, which should be no more than 5 pages per side. • A detailed explanation of the party's past efforts to resolve the case, if any, no more than 2 pages in length. • A certification by each counsel that parties necessary to the resolution of this matter, including parties, party representatives, insurance adjusters, and the like, will participate in the Settlement Conference telephonically or by video. • Contact information for all counsel/self-represented parties, including email address and telephone number. • The joint request should specify whether the parties would like the conference to be conducted via conference call or video. • Three proposed dates and times during which all counsel will be available for a Settlement Conference with the Court. • A fully executed copy of Local Form RI-C1028... Failure to include any of the above information in the request will result in the request being denied.

CRITICALCivil cases

Applies to

Motion in limine

Motions in limine should be sufficiently specific to allow the Court to make an enforceable order with respect to particular evidence. ... these types of generic motions are improper and will be summarily denied.

Motions in limine should be sufficiently specific to allow the Court to make an enforceable order with respect to particular evidence. ... these types of generic motions are improper and will be summarily denied.

CRITICAL

Applies to

Jury instructions

Voir dire will not begin until all parties have complied with Local Rule 3401 and provided the Court the required jury instructions and verdict forms.

Voir Dire shall not begin until all parties have complied with Local Rule 3401, and, in particular, provided the Court with required jury instructions and verdict forms.

CRITICALCivil cases

Applies to

Declaration in response to order to show cause

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.

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.

CRITICALCivil cases

Applies to

Trial call documents

All parties must comply with Local Rule 3401 and bring the documents specified in § 9.b on the day of trial call, except for non-jury unlawful detainer trials and non-jury trials of five hours or less; noncompliance may result in trial continuance, sanctions, or an order to show cause.

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 on counsel.

CRITICALCivil cases

Applies to

Case management statement

The ADR agreement column of Form CM-110 may be marked only if all parties who have appeared have agreed to that form of ADR.

By contrast, the right-hand column asks whether the parties have actually agreed with each other to engage in that form of ADR. That column should not be marked unless all parties who have appeared in the case have agreed to engage in that form of ADR.

CRITICALCivil cases

Applies to

Declaration in response to order to show cause

When the Court issues an OSC for the failure to file a complete CMS, it means that the Court believes that the party failed to answer all of the questions on the CMS. Typically, the material omission is the failure to fully answer Question 4.b. concerning the nature and the amount of the damages allegedly suffered or the other relief being sought. 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. 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.

When the Court issues an OSC for the failure to file a complete CMS, it means that the Court believes that the party failed to answer all of the questions on the CMS. Typically, the material omission is the failure to fully answer Question 4.b. concerning the nature and the amount of the damages allegedly suffered or the other relief being sought. 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. 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.

CRITICALCivil cases

Applies to

Osc response declaration

Belated compliance after the OSC is issued does not cure the underlying violation or avoid sanctions.

A violation is not cured, and sanctions avoided, by belatedly complying with the rule or order after the issuance of the OSC but before filing the declaration in response to the OSC.

CRITICALCivil cases

Applies to

Case management statement

By the CMS filing, counsel must investigate damages and provide reasonable estimates; deferring estimates to trial or experts is insufficient.

The Court does not expect counsel to be able to predict with perfect accuracy what the evidence of damages will be at trial. However, by the time that the CMS is filed nearly six months after the case was filed, the Court does expect counsel to have conducted a preliminary investigation into the amount of damages and to make a reasonable estimate of the amount of those damages on the basis of the information obtained as the result of that investigation. Descriptions that attempt to defer those estimates until later or otherwise to duck the obligation to conduct that investigation and make that estimate are not sufficient. E.g.: A. “Damages in an amount to be proven at trial.” B. “Economic damages in an amount to be determined by an expert.” C. “Exact amount of past medical expenses is unknown.” D. “Plaintiff will seek the maximum amount of damages recoverable under the law.”

CRITICALCivil cases

Applies to

Motion to continue trial

g. To attempt to demonstrate good cause on the ground of the unavailability of an expert witness for either deposition or trial, the request should: i. Make an offer of proof of the testimony to be provided by that witness; ii. Explain why that testimony is material; iii. Explain why that testimony cannot be offered by another expert; iv. State when counsel retained that expert; v. State how and when counsel informed the expert of the trial date; vi. State how and when the expert agreed to be available for a trial starting on that date and for a deposition preceding that date; vii. State how and when counsel learned that the expert was not available; and viii. Prove the witness’s unavailability for the trial as currently scheduled, when that unavailability begins, and when it will end.

g. To attempt to demonstrate good cause on the ground of the unavailability of an expert witness for either deposition or trial, the request should: i. Make an offer of proof of the testimony to be provided by that witness; ii. Explain why that testimony is material; iii. Explain why that testimony cannot be offered by another expert; iv. State when counsel retained that expert; v. State how and when counsel informed the expert of the trial date; vi. State how and when the expert agreed to be available for a trial starting on that date and for a deposition preceding that date; vii. State how and when counsel learned that the expert was not available; and viii. Prove the witness’s unavailability for the trial as currently scheduled, when that unavailability begins, and when it will end.

CRITICALCivil cases

Applies to

Ex parte application for order shortening time

Therefore, a party desiring an order shortening time for notice of a motion should not bring an ex parte application for such an order until that party has first (i) reserved a hearing date for the motion, (ii) paid the appropriate filing fee for the motion (or obtained a fee waiver), and (iii) filed the motion. The Court will not deem the ex parte application to constitute the motion to be heard. The hearing date reserved for the motion should be the earliest date available in this department. The application should be supported by a declaration that either affirms that the hearing date was the earliest available or explains why a later date was reserved.

Therefore, a party desiring an order shortening time for notice of a motion should not bring an ex parte application for such an order until that party has first (i) reserved a hearing date for the motion, (ii) paid the appropriate filing fee for the motion (or obtained a fee waiver), and (iii) filed the motion. The Court will not deem the ex parte application to constitute the motion to be heard. The hearing date reserved for the motion should be the earliest date available in this department. The application should be supported by a declaration that either affirms that the hearing date was the earliest available or explains why a later date was reserved.

CRITICALCivil cases

Applies to

Case management statement

A CMS damages description that merely states damages exceed $25,000 is insufficient because all unlimited civil cases involve at least that amount.

Merely stating that the plaintiff has suffered damages in excess of $25,000 is not sufficient, because all unlimited civil cases seeking damages involve damages of at least $25,000.

CRITICALCivil cases

Applies to

Declaration in response to order to show cause

When the Court issues an OSC for the failure to file a timely CMS, it means that the Court believes that the party to whom the OSC is directed failed to file a CMS. 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. Filing a CMS after the issuance of the OSC does not explain why the party failed to timely comply, does not excuse the failure to file the CMS when it was due under the Rules of Court, and thus is not likely to avoid the imposition of sanctions.

When the Court issues an OSC for the failure to file a timely CMS, it means that the Court believes that the party to whom the OSC is directed failed to file a CMS. 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. Filing a CMS after the issuance of the OSC does not explain why the party failed to timely comply, does not excuse the failure to file the CMS when it was due under the Rules of Court, and thus is not likely to avoid the imposition of sanctions.

CRITICALCivil cases

Applies to

Osc response declaration

you should file a declaration in response to the OSC, as required by rule 3116.

you should file a declaration in response to the OSC, as required by rule 3116.

CRITICALCivil cases

Applies to

Motion to continue trial

h. To attempt to demonstrate good cause on the ground of the unavailability of trial counsel, the request should: i. Prove counsel’s unavailability for the trial as currently scheduled, when that unavailability begins, and when it will end. ii. State when the conflicting event was scheduled in relationship to the scheduling of the trial date; iii. State when trial counsel became aware of the conflict; and iv. Explain why other counsel cannot substitute for trial counsel during the period of the conflict.

h. To attempt to demonstrate good cause on the ground of the unavailability of trial counsel, the request should: i. Prove counsel’s unavailability for the trial as currently scheduled, when that unavailability begins, and when it will end. ii. State when the conflicting event was scheduled in relationship to the scheduling of the trial date; iii. State when trial counsel became aware of the conflict; and iv. Explain why other counsel cannot substitute for trial counsel during the period of the conflict.

CRITICALCivil cases

Applies to

Case management statement

A CMS damages description that merely says the plaintiff was injured or suffered damages is insufficient.

Merely stating that the plaintiff has been injured, or has suffered damages, is not sufficient.

CRITICALCivil cases

Applies to

Request to continue hearing

Must include

proposed order

A request to continue a hearing/CMC/TSC must be labelled, supported by good cause, and proposed order included.

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.

CRITICALCivil cases

Applies to

Motion to continue trial

f. To attempt to demonstrate good cause on the ground of the unavailability of a percipient witness, the request should: witness; ii. Explain why that testimony is material; iii. Explain why that testimony cannot be offered by another witness; iv. Prove that the witness has been served with a subpoena; and v. Prove the witness’s unavailability for the trial as currently scheduled, before when that unavailability begins, and when it will end.

f. To attempt to demonstrate good cause on the ground of the unavailability of a percipient witness, the request should: witness; ii. Explain why that testimony is material; iii. Explain why that testimony cannot be offered by another witness; iv. Prove that the witness has been served with a subpoena; and v. Prove the witness’s unavailability for the trial as currently scheduled, before when that unavailability begins, and when it will end.

CRITICALCivil cases

Applies to

Motion to continue trial

4. Unless the request complies with paragraph 2 above, any request to continue the trial should generally be made by a noticed motion.

4. Unless the request complies with paragraph 2 above, any request to continue the trial should generally be made by a noticed motion.

CRITICALCivil cases

Applies to

Motion to continue trial

A request to continue trial based on substitution of counsel must show the substitution was required in the interests of justice and explain its necessity, timing, and the new counsel's preparation and remaining work.

e. The substitution of counsel is not good cause for the continuance of a trial unless there is an affirmative showing that the substitution was required in the interests of justice. (Cal. Rules of Court, rule 3.1332(c)(4).) Therefore, any request on the ground of a recent change of trial counsel should explain in detail: i. Why was the substitution necessary and when did the events demonstrating that necessity occur? ii. When did the substitution occur, and why did it not occur earlier? iii. What has new counsel done to date to prepare for trial, and when did new counsel begin to do so? If those preparations did not begin promptly following the substitution, why not? iv. What else does new counsel need to do to prepare for trial, and how long will it take to do so?

CRITICALCivil cases

Applies to

Case management statement

The CMS must state damage elements separately; a single lump-sum figure is insufficient.

Conflating all types of damages into a single figure – e.g., “economic damages, non-economic damages, and punitive damages in a sum not less than $500,000” – is not sufficient. The Court cannot independently evaluate the claim unless the amounts of the various damage elements are stated separately.

CRITICALCivil cases

Applies to

Ex parte application

An ex parte application must show exigent circumstances and why the matter could not be brought by noticed motion; exigencies more than two months away are unlikely to qualify.

Any application for ex parte relief must be supported by a showing of exigent circumstances justifying ex parte relief by explaining why the request could not, with the exercise of reasonable diligence, have been brought by a noticed motion. If the claimed exigency – for example, the trial that you want continued – will not occur within the next two months, the Court is unlikely to find that this requirement has been met.

CRITICALCivil cases

Applies to

Case management statement

Counsel must answer all portions of Form CM-110.

Accordingly, California Rules of Court, rule 3.725(c) requires counsel to answer all portions of Form CM-110. The Court expects counsel to comply this rule. A failure to comply with that rule – especially a failure by a plaintiff or cross-complainant to do so – will result in an OSC why sanctions should

CRITICALCivil cases

Applies to

Osc response declaration

If counsel believes that there has been no violation, the declaration should demonstrate that counsel has complied.

If counsel believes that there has been no violation, the declaration should demonstrate that counsel has complied.

CRITICALCivil cases

Applies to

Case management statement

Parties must file the Case Management Statement on Form CM-110.

California Rules of Court, rule 3.725, requires the parties, either jointly or separately, to file a CMS on Form CM-110, no later than 15 days in advance of the date set for the CMC.

CRITICALCivil cases

Applies to

Case management statement

CMS damages descriptions that depend on information not stated in the CMS are insufficient, such as policy limits, references to other documents, or vague figures.

Descriptions that require the Court to know information that is not stated in the CMS are not sufficient. E.g.: “Plaintiff is requesting the entirety of defendant’s policy limits.” “See Statement of Damages.” “Past wages of $15,000, plus commission.” “Actual damages of $38,000, plus statutory penalties.” “Penalties of $4,000 per occurrence.”

CRITICALCivil cases

Applies to

Declaration in support of motion

Supporting declarations must come from a declarant with personal knowledge and be under penalty of perjury; the Court will not consider facts asserted on information or belief or taken on not sworn.

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.

CRITICALCivil cases

Applies to

Case management statement

In particular, the Court will review the answer to Question No. 4.b. of Form CM-110 to determine whether the amount in controversy is $50,000 or less. In any case in which any monetary relief is sought – whether in the form of compensatory damages, punitive damages, statutory penalties, or restitution -- counsel should describe the nature of the wrongful conduct (if not sufficiently described in Question 4.a.), the nature of the damages suffered as a result of that conduct, and the approximate amount of each type of damage or other form of monetary relief being sought.

In particular, the Court will review the answer to Question No. 4.b. of Form CM-110 to determine whether the amount in controversy is $50,000 or less. In any case in which any monetary relief is sought – whether in the form of compensatory damages, punitive damages, statutory penalties, or restitution -- counsel should describe the nature of the wrongful conduct (if not sufficiently described in Question 4.a.), the nature of the damages suffered as a result of that conduct, and the approximate amount of each type of damage or other form of monetary relief being sought.

CRITICALCivil cases

Applies to

Osc response declaration

Good cause requires reasonably diligent efforts thwarted by reasons outside counsel’s control; negligent mistakes do not qualify.

To demonstrate good cause, the declaration must show that counsel made a reasonably diligent effort to comply with the requirement that is the subject of the OSC but that, for reasons not within counsel’s control, counsel was not able to comply. Negligent mistakes or lapses of attention, such as calendaring errors or failures of memory, do not constitute good cause.

CRITICAL

Applies to

Trial readiness stipulation

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.

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;

CRITICAL

Applies to

Trial financial disclosures

Must include

proposed order

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.

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.

CRITICAL

Applies to

Trial setting declaration

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.

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

CRITICAL

Applies to

Motion in limine

Must include

proposed order

Each motion in limine must be accompanied by a proposed order.

Motions in Limine (if any) and proposed order for each

CRITICAL

Applies to

Impeachment exhibits

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.

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.

CRITICAL

Applies to

Motion in limine

Motions in limine must be specific to particular evidence; generic MILs enforcing general legal principles are improper and will be summarily denied.

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.

CRITICALCivil cases

Applies to

Any paper

Must include

ai disclosure

Parties and attorneys filing any paper must disclose whether AI was used in its preparation and verify the accuracy of all AI-produced work product.

Parties and attorneys filing any paper with the court—application, brief, motion, pleading, etc.—must disclose whether they have used artificial intelligence (AI) in the preparation of that paper, and must verify that they have checked the accuracy of all AI-produced work product included in the paper.

CRITICALCivil cases

Applies to

Trial documents

Must include

proposed order

All parties must comply with Local Rule 3401, which requires joint pretrial statements, joint witness and exhibit lists, BATES-stamped exhibits, requests for judicial notice, motions in limine with proposed orders, oppositions, trial briefs, and stipulations.

All parties must comply with Riverside County Superior Court Local Rule 3401, which can be found on the court’s website. Local rule 3401 requires the preparation of: o A joint pretrial statement; o A joint witness list; o A joint exhibit list; o Exhibits (BATES stamped in sequential order); o Requests for judicial notice (if any); o Motions in limine (if any) and a proposed order for each; o Oppositions to motions in limine (if any); o Trial briefs (if any); and o

CRITICALCivil cases

Applies to

Tsc declaration

Counsel must meet and confer and file a TSC declaration addressing trial availability dates, bench/jury request and trial length, and ADR participation; the court prefers a joint declaration and failure to comply may result in sanctions up to $1,500.

At least 10 court days in advance of any TSC, counsel are ordered to meet and confer and prepare and file a declaration addressing all the following: o Three available dates for trial, beginning on a Wednesday at 1:30 p.m., within three 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 three-month window, may result in the court setting a trial date without input from the parties. o 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 estimate the length of time needed, they should instead provide detailed information about the number of witnesses they anticipate calling, specifying the number of experts, and should note any special circumstances (e.g., need for interpreter, child witness, etc.). o Whether the parties have participated or will be participating in ADR. • The declaration may also address any other issues that are relevant to setting trial. • Note: The court strongly prefers that this declaration be jointly prepared and filed. Failure to file a declaration or to meet and confer as ordered may result in sanctions without further notice. Sanctions of up to $1,500 may issue, jointly and severally as against

CRITICAL

Applies to

Motion in limine

Must include

proposed order

Each party submitting motions in limine must submit a single proposed order covering all of that party's motions.

Any party submitting any motions in limine shall submit a single proposed order encompassing all motions made by that party. Riverside Local Rule 3401 (6)(f).

CRITICAL

Applies to

Order to show cause response

Parties must respond in writing to orders to show cause per Local Rule 3116; failure to do so may result in sanctions.

Counsel and self-represented litigants must comply with Local Rule 3116. 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.

CRITICAL

Applies to

Motion in limine

Any request to use visual aids under Local Rule 3401 must be included in a party's motions in limine.

requirement for Exchange of Documents of any motions in limine that the party intends to bring under Local Rule 3401 as a request to use visual aids must be part of any party’s motions in limine.

CRITICAL

Applies to

Motion in limine

Requests to use visual aids in opening statement must be made in the Motion in Limine and included in the Motions in Limine Binder.

Requests to use visual aids for opening statement must be made in the Motion in Limine and included within the Motions in Limine Binder (with oppositions) required under "Pre-Trial Filings."

CRITICAL

Applies to

Motion in limine

Sanchez objections must be raised via motion in limine unless waived by stipulation.

Sanchez objections must be raised via motion in limine unless waived by stipulation.

CRITICAL

Applies to

Pretrial filings

The listed joint trial documents, jury instructions, and motions in limine binder with oppositions are due by 8:30 a.m. on the trial date.

All parties must comply with Local Rule 3401 and Reales Investment, LLC v. Johnson (2020) 55 Cal.App.5th 463. The following documents are due by 8:30 a.m. on the date set for trial: • Joint Statement of the Case • Joint Exhibit List (exchange all exhibits 14 days before trial; excludes impeachment evidence) • Joint Witness List (with time estimates) • Jury Instructions (Joint; Plaintiff’s; Defendant’s) • Joint Verdict Form(s) • Motions in Limine Binder (with oppositions)

WARNING

Applies to

Stipulation

A stipulation and order requesting video appearance at a law and motion hearing must be signed by all moving and opposing parties to the motion.

A stipulation requesting a video appearance must be signed by ALL moving and opposing parties to the motion

WARNING

Applies to

Trial setting conference declaration

Three available dates for trial, beginning on a Friday at 8:30 a.m., within approximately 6 months of the Trial Setting Conference, if the Court has available trial dates within that timeframe. Trial dates are "firm" so parties should take care in selecting mutually agreeable dates. ... Whether parties are requesting a bench or jury trial, and the length of the anticipated trial in hours, if possible. ... If parties have timely paid jury fees they should address whether they wish to stipulate to a panel consisting of fewer than 12 jurors (Cal. Const, art. 1, § 16) or to an "expedited" jury trial under Code of Civil Procedure section 630.01 et seq. ... If the parties are requesting a virtual trial. ... Whether the parties have participated, or will be participating, in some form of alternative dispute resolution.

Three available dates for trial, beginning on a Friday at 8:30 a.m., within approximately 6 months of the Trial Setting Conference, if the Court has available trial dates within that timeframe. Trial dates are "firm" so parties should take care in selecting mutually agreeable dates. ... Whether parties are requesting a bench or jury trial, and the length of the anticipated trial in hours, if possible. ... If parties have timely paid jury fees they should address whether they wish to stipulate to a panel consisting of fewer than 12 jurors (Cal. Const, art. 1, § 16) or to an "expedited" jury trial under Code of Civil Procedure section 630.01 et seq. ... If the parties are requesting a virtual trial. ... Whether the parties have participated, or will be participating, in some form of alternative dispute resolution.

WARNING

Applies to

Form RI RE003 or RI RE005

An approved privately-retained reporter may appear at a continued hearing without a new order, but if unavailable a new form RI-RE003 or RI-RE005 naming the replacement reporter must be timely filed.

If the Court issues an order approving appointment of a privately-retained reporter for a particular hearing and the hearing is subsequently continued, the approved reporter may appear and report at the continued hearing without the need for a further order. If the approved reporter is not available on the continued hearing date, a new form RI-RE003 or RI-RE005 must be timely filed naming the replacement reporter.

WARNINGCivil cases

Applies to

Witness exclusion stipulation

If submitting such a stipulation and order to the Court, counsel should have the stipulation signed by all potential witnesses in the case under penalty of perjury. The stipulation should require each witness to attest that they understand that the Court has ordered, and will abide by the order, precluding them from viewing or listening to any part of the trial or discussing the case, or any aspect of the case, with any other potential witnesses in the trial, upon pain of contempt, which carries with it a fine of up to $1000 per violation or up to 5 days in jail for each violation.

If submitting such a stipulation and order to the Court, counsel should have the stipulation signed by all potential witnesses in the case under penalty of perjury. The stipulation should require each witness to attest that they understand that the Court has ordered, and will abide by the order, precluding them from viewing or listening to any part of the trial or discussing the case, or any aspect of the case, with any other potential witnesses in the trial, upon pain of contempt, which carries with it a fine of up to $1000 per violation or up to 5 days in jail for each violation.

WARNING

Applies to

Court reporter request

Parties without a fee waiver may arrange a privately retained reporter and must file form RI-RE003 or RI-RE005 at least 5 days before the hearing.

For parties without a fee waiver, the Court's policy governing Privately Retained Court Reporters provides that where no official court reporter is available the parties may arrange, at their own expense, for a reporter. 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).

WARNING

Applies to

Court reporter request

Fee-waived parties in unlimited civil cases may request an official court reporter by submitting form FW-020 at least 10 calendar days before the hearing.

In unlimited civil cases a party who has received a fee waiver may request an official court reporter by submitting Judicial Council form FW-020 at least 10 calendar days prior to a trial or hearing, subject to availability.

WARNING

Applies to

Trial documents

Parties must bring all trial-related documents prepared under Local Rule 3401 to the Friday trial call.

Parties shall bring all trial related documents prepared pursuant to Local Rule 3401 to the Friday Trial call.

WARNINGCivil cases

Applies to

Osc response declaration

The Court does not need, and does not want, another copy of the proof of service, answer, default, or dismissal itself. If such a document has indeed been filed, then the Court can examine it in the Court’s database so long as you provide the date on which it was filed.

The Court does not need, and does not want, another copy of the proof of service, answer, default, or dismissal itself. If such a document has indeed been filed, then the Court can examine it in the Court’s database so long as you provide the date on which it was filed.

WARNINGCivil cases

Applies to

Case management statement

Because the CMS is not prepared until nearly six months after the case is filed, the Court expects plaintiff’s counsel to know the amount of plaintiff’s past medical expenses. If counsel does not know them, counsel should describe both the efforts made to obtain that information and the nature of the past medical treatment received by the plaintiff.

Because the CMS is not prepared until nearly six months after the case is filed, the Court expects plaintiff’s counsel to know the amount of plaintiff’s past medical expenses. If counsel does not know them, counsel should describe both the efforts made to obtain that information and the nature of the past medical treatment received by the plaintiff.

WARNINGCivil cases

Applies to

Osc response declaration

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 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.

WARNINGCivil cases

Applies to

Motion or application

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.

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.

WARNINGCivil cases

Applies to

Case management statement

Medical expense estimates in the CMS must be calculated in accordance with Howell v. Hamilton Meats & Provisions, Inc.

Any estimates of either past or future medical expenses should be calculated in accordance with Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541.

WARNINGCivil cases

Applies to

Case management statement

In a case alleging other types of torts, such as fraud, property damage, or emotional distress, counsel should state: the nature of the loss; the estimated economic damages; any general damages; and any punitive damages.

In a case alleging other types of torts, such as fraud, property damage, or emotional distress, counsel should state: the nature of the loss; the estimated economic damages; any general damages; and any punitive damages.

WARNINGCivil cases

Applies to

Osc response

Counsel must comply with Riverside Superior Court Local Rule 3116 regarding declarations in response to orders to show cause.

If the Court issues an OSC, the Court needs counsel to comply with Riverside Superior Court Local Rule 3116, concerning declarations in response to OSCs.

WARNINGCivil cases

Applies to

Case management statement

counsel should state the estimated value of that real property.

counsel should state the estimated value of that real property.

WARNINGCivil cases

Applies to

Osc response declaration

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

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

WARNINGCivil cases

Applies to

Case management statement

If you do not believe that the case will ready for trial within 12 months, you should both (i) explain why not and (ii) estimate when the case will be ready to be tried.

If you do not believe that the case will ready for trial within 12 months, you should both (i) explain why not and (ii) estimate when the case will be ready to be tried.

WARNINGCivil cases

Applies to

Case management statement

In a case alleging contract claims, such as for breach of contract, warranty, or lease, counsel should state both the nature of the wrongful conduct and the amount of compensatory damages or penalties. If rescission and restitution is sought, counsel shall state the amount of restitution.

In a case alleging contract claims, such as for breach of contract, warranty, or lease, counsel should state both the nature of the wrongful conduct and the amount of compensatory damages or penalties. If rescission and restitution is sought, counsel shall state the amount of restitution.

WARNINGCivil cases

Applies to

Motion or application

Factual assertions in motions or applications must be supported by a declaration or stipulation of facts.

All factual assertions on which a motion or application relies must be supported by competent evidence in the form of either a declaration or stipulation of facts.

WARNINGCivil cases

Applies to

Declaration in response to order to show cause

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.

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.

WARNINGCivil cases

Applies to

Case management statement

For instance, in a case alleging personal injuries, counsel should state as to each plaintiff: the nature of the injury; the estimated past medical expenses; if the plaintiff is still being treated, the nature of the future treatment and the estimated future medical expenses; the estimated past loss of earnings; the estimated future loss of earnings; any other economic damages; and general damages.

For instance, in a case alleging personal injuries, counsel should state as to each plaintiff: the nature of the injury; the estimated past medical expenses; if the plaintiff is still being treated, the nature of the future treatment and the estimated future medical expenses; the estimated past loss of earnings; the estimated future loss of earnings; any other economic damages; and general damages.

WARNINGCivil cases

Applies to

Ex parte application

The required attempt to determine whether opposing counsel will oppose an ex parte application must be made by telephone, not by written notice.

A party making an ex parte application must, inter alia, “[a]ttempt to determine whether the opposing party will appear to oppose the application.” (Cal. Rules of Court, rule 3.1204(a)(2).) The Court does not consider written notice asking the opposing party to inform the moving party of the opposing party’s intentions to be sufficient to satisfy that rule. Instead, the attempt should be made by telephone.

WARNINGCivil cases

Applies to

Case management statement

Omissions in the CMS damages description are treated as concessions: listing only past medical expenses means no future medical expenses are expected, and omitting past or future earnings losses means none are claimed.

If the CMS lists only past medical expenses, the Court will assume that no future medical expenses are expected. Similarly, if the answer describes no past loss of earnings or estimated future loss of earnings, the Court will assume that the plaintiff is not claiming any such losses.

WARNINGCivil cases

Applies to

Case management statement

To avoid a continued CMC, parties must timely file complete Case Management Statements and an answer, default, or dismissal for every defendant.

If the case is not at issue, if any plaintiff or cross-complainant has failed to file a CMS, or if the CMS filed by any plaintiff or cross-complainant is incomplete, the Court will continue the CMC until those prerequisites have been met. Therefore, to avoid having to attend multiple CMCs, the parties must file in a timely fashion (a) a complete CMSs from every party and (b) an answer from, or a default or dismissal of, every defendant, cross-defendant, or defendant in intervention.

WARNINGCivil cases

Applies to

Case management statement

Counsel must comply with California Rules of Court rule 3.725 regarding case management statements.

The Court needs counsel to comply with counsel’s obligations under rule 3.725 regarding case management statements (“CMSs”).

WARNINGCivil cases

Applies to

Osc response declaration

If the Court is mistaken, the declaration should state the date on which the proof of service was timely filed.

If the Court is mistaken, the declaration should state the date on which the proof of service was timely filed.

WARNINGCivil cases

Applies to

Case management statement

If there are more than one plaintiff, the damages alleged to have been suffered by each plaintiff should be described separately.

If there are more than one plaintiff, the damages alleged to have been suffered by each plaintiff should be described separately.

WARNINGCivil cases

Applies to

Osc response declaration

Examine the clerk’s on-line record regarding the status of the defendants or cross-defendants named in your complaint, cross- complaint, or complaint in intervention. Do not rely either on your memory or on your file.

Examine the clerk’s on-line record regarding the status of the defendants or cross-defendants named in your complaint, cross- complaint, or complaint in intervention. Do not rely either on your memory or on your file.

WARNINGCivil cases

Applies to

Case management statement

The CMS should not combine damages and attorney's fees; the Court does not consider attorney's fees or costs when evaluating mandatory mediation or arbitration.

Conflating damages and attorney’s fees into a single figure is not helpful. In evaluating whether a case may be sent to mandatory mediation or arbitration, the Court does not consider attorney’s fees or costs of suit.

WARNING

Applies to

Stipulation

Because court reporters are unavailable, all stipulations must be submitted to the court in writing.

As a result of the unavailability of court reporters, all stipulations must be submitted to the court in writing.

WARNING

Applies to

Pretrial order

The trial document must include a list of exhibits that can be admitted without foundation, exhibits requiring further foundation (with description and proffering party), a trial time estimate, and a witness list with anticipated testimony and direct/cross-examination time estimates.

(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).

WARNING

Applies to

Joint statement

A separate or unilateral joint statement will not be considered unless accompanied by a declaration showing reasonable, good-faith diligence in working with opposing counsel to prepare the required joint pleading.

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.

WARNING

Applies to

Jury questionnaire

Party-submitted jury questionnaires must be joint or uncontested; the Court will not select among competing questionnaires.

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.

WARNING

Applies to

Stipulation

Discovery resolutions reached at an IDC must be memorialized in a stipulation or other agreement.

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

WARNING

Applies to

Jury instructions

Disputes in jury instruction content must be outlined to the court, specifying the differences in the parties' proposed language and the supporting authority.

Any disputes in instruction content must be outlined to court specifying the differences in both sides proposed language and authority for it.

WARNING

Applies to

Informal discovery conference request

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.

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.

WARNING

Applies to

FW-020

In unlimited civil proceedings, a fee-waiver party may request an official court reporter by submitting Judicial Council form FW-020 at least 10 calendar days before a trial or hearing; the court may shorten or waive the 10-day requirement for good cause.

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.

WARNING

Applies to

Trial documents

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.

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

WARNINGCivil cases

Applies to

Deposition transcript

Deposition transcripts must be original/certified unless all parties agree, and a PDF copy must be included in trial exhibits if counsel will show the court any portion.

Absent an agreement of all counsel/parties, the transcripts must be original/certified. If counsel intends to show the court any portion of the deposition, a PDF copy of the deposition must be included in the trial exhibits.

WARNING

Applies to

Exhibits

Exhibits referenced at trial must be moved into evidence by the end of that trial day.

Exhibits must be moved into evidence by the end of the trial day they are referenced.

WARNING

Applies to

Informal discovery conference request

The joint IDC request must propose three dates (on a Thursday or Friday) when all counsel are available for a remote conference with the Court.

The joint request must include three proposed dates during which all counsel will be available for a remote conference with the Court. Counsel must stipulate to proposed dates on either a Thursday or a Friday.

WARNING

Applies to

Notice of lead counsel

In cases with multiple separately represented defendants, defense must advise the Court in writing of which counsel will take the lead in examining witnesses.

If there are multiple defendants who are separately represented, defense shall, prior to the first witness taking the stand, advise the Court in writing of which defense counsel will take the lead (a) in cross-examining each of the plaintiff’s witnesses and (b) in examining each defense witness.

WARNING

Applies to

Proposed findings conclusions

Proposed Findings of Fact and Conclusions of Law for bench trials must include all elements of each Cause of Action alleged by the Plaintiff.

For bench trials, each side shall provide the Court, at least five (5) days prior to the date set for trial, a detailed proposed Findings of Fact and Conclusions of Law that shall include all elements of each Cause of Action alleged by Plaintiff and the basis

WARNING

Applies to

Jury instructions

Instructions must be ordered with CACI Nos. 5000–5008 at the beginning, CACI No. 5009 et seq. at the end, all others in the middle, and the text of CACI 100 series instructions also included.

The instructions shall appear in the following order: Any instructions from CACI Nos. 5000 through 5008 shall be at the beginning; any instructions from CACI No. 5009 et seq. shall be at the end; and all other instructions shall be in the middle. The text of instructions from CACI 100 series shall also be included.

WARNING

Applies to

Special instructions

Proposed special jury instructions must include the instruction text, the requesting party, and a citation to supporting authority.

Proposed special instructions shall include the text of the instruction, the party requesting that instruction, and a citation to the authority supporting that instruction.

WARNING

Applies to

Exhibits

At the end of each trial day, counsel must confer with the clerk to confirm that their understanding of that day's identified or admitted exhibits matches the clerk's records.

At the conclusion of each day of trial, counsel shall confer with the clerk to confirm that counsel’s understanding of the exhibits that have been identified or admitted that day conform to the clerk’s records.

WARNING

Applies to

Jury instructions

All jury instructions must be combined in a single word-processing file (preferably Microsoft Word), accompanied by the index of instructions in a separate word-processing file as required by CRC rule 2.1055(b)(2).

All instructions shall be combined into a single word-processing file, preferably Microsoft Word. Accompanying the instructions but in a separate word-processing file shall be the index of instructions required by California Rules of Court, rule 2.1055(b)(2).

WARNING

Applies to

Exhibits

After trial the clerk may return original exhibits to the offering counsel, who must retain them until the parties agree in writing to destroy them, any appeal (and retrial if applicable) concludes, or the appeal time expires without notice of appeal.

conclusion of the trial, the clerk may return the original exhibits marked or admitted at trial to counsel for the party or parties who offered those exhibits. If so, counsel shall retain those exhibits until one of the following events occur: o Al parties agree in writing that the exhibits may be destroyed; o Any appeal from the judgment has been finally decided and, in the event of a reversal, any retrial has concluded; or o The time for any appeal from the judgment has passed without any notice of appeal being

INFO

Applies to

Stipulation

Discovery issues resolved at an informal discovery conference must be memorialized in a stipulation or other agreement, and the Court does not provide court reporters for IDCs.

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.

INFO

The parties may stipulate orally at the hearing to appear via video for ex parte matters or motions set on fewer than 5 days' notice, without a written filing.

The parties may stipulate orally at the hearing to appear via video for ex parte matters or motions set on fewer than 5 days’ notice.

INFOCivil cases

Applies to

Case management statement

The CMS should give month-and-year completion estimates for each discovery item; vague responses like "pending" or "TBD" are not helpful.

An estimate of the month and year that each item of discovery is likely to be finished is helpful. By contrast, responses such as “pending,” “on-going,” “TBD,” “per code,” and “before trial” are not.

INFOCivil cases

Applies to

Second cms

A second CMS is not required unless the Court orders it (typically for an incomplete initial CMS) or there is a material change in the relief sought.

A party is not required to file a second CMS unless: a. The Court orders the party to do so, which the Court will do if the first CMS is incomplete; or b. There has been a material change in either the nature or the amount of the relief sought.

INFOCivil cases

Applies to

Case management statement

A list of each form of discovery contemplated is helpful. A CMS that simply states “all discovery” is not.

A list of each form of discovery contemplated is helpful. A CMS that simply states “all discovery” is not.

INFO

Applies to

Case management statement

Litigants are advised to provide detailed information in their case management statements about meet-and-confer efforts and any agreements on substantive issues, procedural issues, the discovery timeline, and the possibility of ADR.

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.

INFO

Applies to

Exhibits binder

A copy of the Exhibits binder must be provided for the witness stand.

A copy of an Exhibits binder shall be provided for the witness stand.

INFO

Applies to

Transcripts

Lodged transcripts may be returned to counsel post-trial, and counsel must retain them per CCP § 2025.550(b).

Lodged transcripts may be returned to counsel post-trial; counsel must retain per CCP § 2025.550(b).

CRITICAL

Parties must submit a pretrial list of all witnesses they intend to call, with each witness's name and a single-sentence description of the anticipated subject matter.

A list of all witnesses that the parties intend to call, including the name and a single-sentence description of the anticipated subject matter.

CRITICAL

Parties must submit a list of all exhibits they intend to introduce at trial (excluding impeachment-only exhibits), including each exhibit's number, title or brief description, and page count.

A list of all exhibits that the parties intend to introduce at trial, except those intended to be used solely for impeachment. The list shall include exhibit number, a title or other brief description, and the number of pages in the exhibit.

CRITICAL

A plaintiff must describe each claim for which it intends to offer evidence at trial, the relief sought as to each claim, and the nature and amount of each element of damages.

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 damages.

CRITICAL

Parties must submit a list of facts and issues of law that are uncontroverted and that the party is willing to agree to.

A list of facts or issues of law that the parties believe are not controverted and which the party is willing to agree.

CRITICAL

Applies to

Motion in limine

Parties must identify any motions in limine they intend to bring.

Any motions in limine that the party intends to bring.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Proposed orders must be filed with the Court, including all portions of the orders.

All proposed orders shall be filed with the Court including all portions of the order(s)

CRITICAL

In a jury trial, parties must submit a proposed statement of the case suitable for reading to the jury venire unless they have agreed to begin voir dire with brief opening statements.

In a jury trial, a proposed statement of the case suitable for reading to the jury venire unless the parties have already agreed to begin voir dire with brief opening statements.

CRITICAL

Applies to

Declaration

In advance of any trial setting conference, counsel and self-represented parties must file a declaration addressing three mutually available trial dates (Fridays at 10:00 a.m. within about 6 months), the bench/jury request and full time estimate, and ADR participation.

In advance of any trial setting conference, counsel and self-represented parties are ordered to meet and confer in person, by telephone, or by video, and prepare and file a declaration at least ten (10) days in advance of the trial setting conference addressing all of the following: a. Three available dates for trial agreed upon by counsel and self-represented parties, beginning on a Friday at 10:00 a.m., within approximately six (6) months of the Trial Setting Conference, if the Court has available trial dates within that timeframe. b. Whether parties are requesting a bench or jury trial, and the time estimate for the anticipated trial where one day of trial would generally be from 10:00 a.m. to 3:30 p.m. c. Whether the parties have participated, or will be participating, in some form of alternative dispute resolution.

WARNINGCivil cases

Applies to

Motion in limine

The Court directs that no motion in a limine on the enumerated topics is necessary, including insurance, settlement, mediation, wealth, prior litigation, trial attendance, attorney’s fees, and bifurcation—the Court has already ordered the interrogating of a specific punitive damage.

It is also unnecessary to bring motions in limine to address any of the following issues: (1) Whether a party is now or was formerly insured against any type of loss or liability. (2) Except as permitted by Civil Code section 3333.1 (collateral benefits medical malpractice) ... any insurance benefits received by the plaintiff. (3) The retention of any counsel by an insurance company. (4) Settlement negotiations, mediation efforts, statements made during or concerning those events, or documents prepared for or during those events. (5) The existence or existence terms of any settlement agreements reached with other parties, or payments made pursuant to those settlements. (6) Unless punitive damages are being sought, the income, wealth, or financial condition of any of the parties. (7) Any other past or current litigation involving, or claims by or against the parties. However, an expert witness may be examined regarding number of cases in which the expert has been consulted. (8) Whether the party or a party’s representative was present or absent during a trial or portion, except that counsel may argue significance of a failure to testify. (9) Any party’s attorney’s fees or other litigation expenses, except where those are an element of damages. The as a matter of course remains the punitive damages shall be bifurcated so that the motion for the first of a limine is not required.

WARNINGCivil cases

Each motion in limine must include a summary of the moving party’s efforts to meet and confer on that specific motion.

Counsel well filing motions of the court must include in each a motion of the summary of efforts to meet and confer on that line of action.

WARNINGCivil cases

Must include

case number

A request for judicial notice must identify the case name and number, the document name, and date filed, and should not attach a second copy of the existing document.

If the court is asked to take judicial notice of a document already filed with the Riverside Superior Court in support of or in opposition to some motion or application, the request should state (a) the name and case number of the case in which the document is filed, (b) the full name of the document, and the date on which the document was filed. A second copy of the Chapter document should not be attached to the request.

WARNING

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.

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).

WARNING

Applies to

Pretrial order

The pretrial and status order must be prepared as a single document with a single caption and a single set of signatures.

The Court Trial Status Order and the Pretrial Order should be included in a single document with a single caption and a single set of signatures.