Riverside Superior Court Filing Timing and Cure Windows

CRITICALCivil cases

Motions in limine must be filed on or before 4:00 p.m., 15 days before trial.

Motions in limine shall be filed with the court and served so opposing counsel receives them on or before 4:00 p.m. 15 days prior to the date of trial.

CRITICALCivil cases

Oppositions to motions in limine must be filed by 4:00 p.m., at least 10 days before the date of trial.

Oppositions to all motions in limine shall be filed with the court and served so opposing counsel receives them by 4:00 p.m. at least 10 days prior to the date of trial.

CRITICALCivil cases

All counsel and self-represented parties must check-in at least 15 minutes in advance of each appearance at trial and must ensure that, if appearing remotely, their video and audio connection to the Court is in working order. Any technological problems must be immediately reported to the courtroom assistant. Failure to timely appear, or failure to notify the Court of exigent circumstances delaying your appearance, may result in the trial moving forward without counsel or self-represented parties.

All counsel and self-represented parties must check-in at least 15 minutes in advance of each appearance at trial and must ensure that, if appearing remotely, their video and audio connection to the Court is in working order. Any technological problems must be immediately reported to the courtroom assistant. Failure to timely appear, or failure to notify the Court of exigent circumstances delaying your appearance, may result in the trial moving forward without counsel or self-represented parties.

CRITICAL

The Court will not deem filed any motion that has not been properly filed.

The Court will not “deem filed” any motion that has not been properly filed.

CRITICALCivil cases

A denial statement is not an invitation to resubmit; repeat ex parte applications are governed by Code of Civil Procedure section 1008, and a denied application may not be refiled without compliance.

When denying an ex parte application, the Court will usually state the reasons for that denial. That statement is designed to demonstrate that the application has been read and considered. It is not an invitation to submit an amended application. Like repetitive motions, repetitive ex parte applications are subject to the restrictions of Code of Civil Procedure section 1008. If your ex parte application has been denied, do not re-file a substantially similar application without complying with section 1008.

CRITICALCivil cases

Applies to

Trial documents

All trial documents must be filed by 8:30 a.m. the Monday before trial.

All trial documents must be filed by 8:30 a.m. the Monday before trial.

CRITICALCivil cases

Applies to

Deposition transcript

Deposition transcripts to be read or referenced at trial must be lodged with the court by 8:30 a.m. the Monday before trial.

Deposition transcripts that may be read or referred to at trial must be lodged with the court by 8:30 a.m. the Monday before trial starts.

CRITICAL

A party reading from a deposition transcript must lodge the original transcript in digital format with the court by 9:30 am on the day the witness testifies.

Any party who intends to read from a deposition transcript during trial shall lodge the original transcript (in digital format) with the court no later than 9:30 am on the day the witness is scheduled to testify.

CRITICAL

The Court will not deem a motion filed if it has not been properly filed.

The Court will not “deem filed” any motion that has not been properly filed.

CRITICAL

Final jury instructions must be emailed to the Court at dept5@riverside.courts.ca.gov by 12:00 p.m. the day before closing argument, unless the Court orders otherwise.

The final jury instructions, including form and special, as stipulated or otherwise ruled on shall be emailed by the parties to the Court at dept5@riverside.courts.ca.gov the day prior to the start of closing argument by no later than 12:00 p.m., unless otherwise ordered by the Court.

CRITICAL

When a Statement of Decision is requested, all parties must submit a Summary of the Evidence to the court by the day after evidence presentation concludes.

If either party requests a Statement of Decision, counsels and self-represented litigants for both sides must submit to the court at the end of presentation of all evidence, a Summary of the Evidence introduced during the trial by no later than the day following the conclusion of the presentation of evidence. Failure to provide a Summary of the Evidence may result in an Order to Show Cause re Sanctions.

CRITICAL

Parties who wish to request oral argument on a tentative ruling must notify the Judicial Secretary and all other parties by 4:30 p.m. the day before the hearing.

To request oral argument, parties must notify Judicial Secretary Vanessa Siojo at (760) 904-5722 and inform all other parties by 4:30 p.m. the day prior.

CRITICAL

Pre-trial documents (joint statements, exhibit and witness lists, jury instructions, verdict forms, and motions in limine binder) are due by 9:30 a.m. on the trial date; noncompliance costs $250 per missing document per day.

following documents are due by 9:30 a.m. on the date set for trial: • Joint Statement of the Case • Joint Exhibit List (noting any stipulations as to authenticity, admissibility, or both; exchange all exhibits 14 days before trial; excludes impeachment evidence) • Joint Witness List (with time estimates as to each witness’s direct, cross, and re- direct) • Jury Instructions (Joint; Plaintiff’s; Defendant’s) • Joint Verdict Form(s) • Motions in Limine Binder (with oppositions) Failure to comply delays voir dire and may incur $250 per missing document per day.

CRITICAL

The final verdict form must be emailed to the Court at dept5@riverside.courts.ca.gov under the same requirements as jury instructions (by 12:00 p.m. the day before closing argument), except no index is required.

The final verdict form as stipulated or otherwise ruled on shall be emailed by the parties to the Court at dept5@riverside.courts.ca.gov under the same requirements as for jury instructions above, except the index.

WARNINGCivil cases

Noticed motions will not be heard on Fridays except for motions to continue a trial scheduled to begin that Friday.

Noticed motions are not heard on Fridays unless they are motions to continue a trial scheduled to begin on that Friday.

WARNINGCivil cases

Counsel must appear telephonically at motion hearings.

Counsel shall appear at hearings on motions telephonically.

WARNINGCivil cases

Ex parte applications are heard on weekday mornings except Fridays, unless seeking a Friday trial continuance.

Ex parte applications are heard at 8:30 A.M. Monday through Thursday. Ex parte applications are not heard on Fridays unless the application seeks a continuance of a trial set to begin that Friday.

WARNING

Deposition transcripts being read at trial must be lodged (original certified copy) on the first trial day.

Deposition transcripts must be lodged (original certified copy) on the first trial day if being read.

INFO

Ex parte applications are heard Monday through Friday at 8:30 am, and the Court may decide them without a hearing.

Ex Parte applications will be heard Monday through Friday at 8:30 am. The Court may exercise its discretion to deny or grant an ex parte application without a hearing.

WARNING

Parties with previously submitted motions or documents that remain unresolved must re-file them.

Any party that has previously submitted proposed orders, motions, or other documents that have not been resolved shall be re-filed

CRITICAL

A written response to an Order to Show Cause must be filed at least 5 days before the hearing.

Counsel and self-represented 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

CRITICAL

The Case Management Statement must be filed at least 10 days before the case management conference.

The Case Management Statement shall be filed at least 10 days prior to the case management conference.

CRITICAL

Parties selected for the First Friday Settlement Conference must contact the settlement conference officer within 10 days to schedule the virtual conference.

Parties will be ordered to contact the settlement conference officer within 10 days to schedule a virtual settlement conference, which conference will be conducted over video or telephonic media, depending on arrangements made directly with the settlement officer.

CRITICALCivil cases

Relief from a jury-fee forfeiture must be requested by a noticed motion heard at least 21 days before the first trial date.

Any request for relief from a forfeiture of the right to a jury trial must be brought in the form of a noticed motion to be heard no later than 21 days before the date first set for trial.

CRITICALCivil cases

Parties opposing dismissal or sanctions must file a written declaration responding to the OSC no later than five court days before trial.

Any plaintiff, cross-complainant, or plaintiff in intervention who opposes the dismissal of that defendant or cross-defendant or the imposition of sanctions shall respond to the OSC with a written declaration filed not later than five court days before the trial date.

CRITICAL

Parties must complete the First Friday settlement conference by a date certain; failure to do so (or to contact the officer) results in an Order to Show Cause re sanctions of up to $1500 jointly and severally.

Parties will also be ordered to complete the settlement conference by a date certain. Failure to contact the settlement officer or complete the settlement conference by the specified completion date will result in an Order to Show Cause re sanctions and sanctions of up to $1500 may issue jointly and severally as against counsel and parties.

CRITICALCivil cases

Parties retaining a private court reporter must file form RI-RE003 or RI-RE005 with the Court at least 5 days before any hearing.

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).

CRITICAL

Defendants and cross-defendants must respond in writing to settlement demands no later than 7 days before the MSC.

Not later than 7 days before the MSC, every defendant and cross- defendant who received a settlement demand in accordance with the prior paragraph shall send a written response to that demand to the party that sent that demand. If the response includes a settlement offer, the response shall state both the amount of the offer and the manner in which it was

CRITICAL

Counsel and self-represented parties must meet and confer and file a declaration at least 10 days before the trial setting conference.

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 to prepare and file a declaration at least 10 days in advance of the trial setting conference addressing all of the following:

CRITICALCivil cases

Plaintiffs and cross-complainants must file requests to dismiss non-appearing or unserved defendants no later than 7 days before trial.

No later than 7 days before the trial date, the plaintiffs and any cross-complainants or plaintiffs-in-intervention shall file requests to dismiss: (1) Any defendant or cross-defendant who has not appeared and for whom no proof of service has been filed; and (2) Any defendant or cross-defendant who has been served but who has not appeared and whose default has not been entered.

CRITICAL

Plaintiffs, cross-complainants, and plaintiffs in intervention must send written settlement demands no later than 24 days before the MSC.

Not later than 24 days before the MSC, the plaintiffs shall send written settlement demands to each defendant with whom the plaintiffs have not yet reached a settlement, describing both the amount of the demand and the manner in which it was calculated. By the same date, every cross-complainant, and every plaintiff in intervention that is seeking affirmative relief, shall send such written ===== PAGE 10 ===== settlement demands to each and every cross-defendant and defendant in intervention with whom they have not

CRITICALCivil cases

A stipulated continuance under CCP 595.2 does not itself extend discovery, discovery, or dispositive-motion deadlines; those deadlines still run from the original trial date absent good cause.

Section 595.2 permits a continuance of the trial without cause, but it does not confer the right to an extension of pretrial deadlines for discovery, dispositive motions, etc., without good cause. Therefore, without a showing of good cause, the deadlines will continue to be measured from the initial trial date.

CRITICALCivil cases

Any request to excuse any attorney, party, or insurance claims professional from personally participating in the MSC should be: a. Presented to Department 1 at least 10 days before the MSC.

Any request to excuse any attorney, party, or insurance claims professional from personally participating in the MSC should be: a. Presented to Department 1 at least 10 days before the MSC.

CRITICALCivil cases

Applies to

Entry of default

Plaintiffs and cross-complainants must request entry of default no later than 10 days after the time for service of the responsive pleading has elapsed.

California Rules of Court, rule 3.110(g), requires plaintiffs and cross- complainants to request entry of default no later than 10 days after the time for service of the responsive pleading has elapsed. The Court expects counsel to comply with this rule. The failure to comply will result in the issuance of an OSC why sanctions should not be imposed, in the continuance of the CMC, or in both.

CRITICALCivil cases

Applies to

Case management statement

Parties must file a Case Management Statement on Form CM-110 no later than 15 days before the CMC.

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. The Court expects counsel to comply with this rule. The failure to comply will result in an OSC why sanctions should not be imposed for the failure to file a timely CMS and in the continuance of the CMC.

CRITICALCivil cases

i. Any request for a continuance must be made as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, rule 3.1332(b).) Therefore, the request should state when the applicant discovered the circumstances that allegedly show that a continuance is necessary.

i. Any request for a continuance must be made as soon as reasonably practical once the necessity for the continuance is discovered. (Cal. Rules of Court, rule 3.1332(b).) Therefore, the request should state when the applicant discovered the circumstances that allegedly show that a continuance is necessary.

CRITICAL

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;

CRITICAL

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.

CRITICAL

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.

CRITICALCivil cases

Deadline

10 court days

The TSC declaration must be prepared and filed at least 10 court days in advance of any TSC.

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

CRITICALCivil cases

Applies to

Impeachment exhibits

Impeachment exhibits must be provided to the court no later than the trial date.

Such evidence must be provided to the court no later than the trial date.

CRITICALCivil cases

Deadline

5 court days

A written response to any OSC must be filed at least five court days in advance of the hearing.

If an OSC hearing is set by the court, litigants must comply with local rule 3116, which provides that a written response to any OSC be filed at least five court days in advance of the hearing.

CRITICAL

Discovery motions must be heard at least 15 days before the date initially set for trial.

Discovery motions must have been heard at least 15 days before date initially set for trial. CCP §2024.020(a).

CRITICAL

Deadline

0 court days

Ex parte applications and supporting documents must be filed by 11:00 a.m. on the preceding court day; later filings are continued to the next court day.

1.2 The ex parte application and all supporting documents must be filed no later than 11:00 a.m. on the court day preceding the hearing. Applications filed after that time will be continued to the next court day.

CRITICAL

Deadline

3 court days

The joint IDC brief must be filed at least three court days before the IDC.

c. The parties must file a joint IDC brief, not exceeding three pages, at least three court days before the IDC.

CRITICAL

For bench trials, each side must provide the Court, at least five days before the trial date, detailed proposed Findings of Fact and Conclusions of Law.

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

CRITICAL

The trial-setting declaration must be filed at least 10 days before the trial setting conference.

prepare and file a declaration at least ten (10) days in advance of the trial setting conference

CRITICAL

Any party that intends to request a Statement of Decision must notify the court, either in writing via declaration filed at least five (5) days prior to the Friday set for trial or orally on the Friday set for trial, of such intent.

Any party that intends to request a Statement of Decision must notify the court, either in writing via declaration filed at least five (5) days prior to the Friday set for trial or orally on the Friday set for trial, of such intent.

CRITICAL

Deadline

3 court days

The joint IDC brief must be filed 3 court days before the Informal Discovery Conference.

File a joint IDC brief (3 pages max) three court days before the IDC.

CRITICAL

Deadline

3 court days

The joint IDC brief must be filed three court days before the IDC.

File a joint IDC brief (3 pages max) three court days before the IDC.

CRITICAL

The specified pretrial filings must be submitted by 8:30 a.m. on the date set for trial.

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)

WARNINGCivil cases

If a party cannot meet the Zoom equipment/internet requirements, that party must notify the Court at the Trial Setting Conference; raising the issue the first time at trial is unacceptable and may lead to an Order to Show Cause.

If these technological requirements cannot be met, counsel and self-represented parties must notify the Court at the time of the trial setting conference, and must provide an explanation as to why the equipment is not, or cannot be, made available. It is not acceptable to raise this issue for the first time at trial. Failure to provide this information in advance of trial may result in an Order to Show Cause re sanctions.

WARNING

Deadline

5 calendar days

Untimely requests for a court reporter in law and motion matters will not be considered unless the motion is scheduled on fewer than 5 days' notice or there are extenuating circumstances.

Other than in the case of an ex parte application or other motion scheduled on fewer than 5 days' notice, the Court will not consider untimely requests for appointment of a reporter in law and motion matters absent extenuating circumstances.

WARNINGCivil cases

Deadline

10 calendar days

Fee-waived parties may request an official court reporter by submitting form FW-020 at least 10 calendar days before trial or hearing, subject to availability.

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

If counsel prefer a conference call, they should state which counsel will be responsible for facilitating a conference call; that person will be responsible for providing the conference bridge to all parties and the Court at least 5 days in advance of the scheduled conference.

If counsel prefer a conference call, they should state which counsel will be responsible for facilitating a conference call; that person will be responsible for providing the conference bridge to all parties and the Court at least 5 days in advance of the scheduled conference.

WARNING

Deadline

5 calendar days

A video appearance stipulation must be filed with the Court at least 5 calendar days before any regularly noticed motion.

must be filed with the Court a minimum of 5 calendar days in advance of any regularly noticed motion

WARNING

Voluntary Settlement Conference proposed dates must be between 1:00-3:00 p.m. on a Thursday or Friday, at least one week after the stipulation is filed and no more than six weeks after filing.

Counsel must ===== PAGE 8 ===== 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 stipulation will be filed, and no more than six weeks after it will

WARNINGCivil cases

The Court has the discretion to deny ex parte applications without a hearing. If the Court does so, a minute order will be entered no later than the day before the scheduled hearing. It is the responsibility of counsel to check the online docket to determine whether the Court has denied the application and vacated the hearing.

The Court has the discretion to deny ex parte applications without a hearing. If the Court does so, a minute order will be entered no later than the day before the scheduled hearing. It is the responsibility of counsel to check the online docket to determine whether the Court has denied the application and vacated the hearing.

WARNING

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.

WARNING

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.

WARNING

Parties are strongly encouraged to file a declaration explaining case status at least 10 days before any status conference, which may allow the Court to act without a hearing.

In advance of any status conference, e.g. status re stay, where the Court has not expressly ordered the parties/counsel to provide a written declaration, counsel and self-represented parties are strongly encouraged to file with the Court at least ten (10) days in advance of the hearing a declaration explaining case status. If the declaration is sufficiently detailed, the Court may act without the need for a hearing, allowing counsel to avoid an unnecessary appearance.

INFO

Counsel and self-represented parties are strongly encouraged to file a declaration explaining case status at least 10 days before a status conference.

In advance of any status conference where the Court has not expressly ordered the parties/counsel to provide a written declaration, counsel and self-represented parties are strongly encouraged to file with the Court at least 10 days in advance of the hearing a declaration explaining case status.

INFO

Stipulations requesting inclusion in the First Friday Settlement Conference program should specify a completion date within 90 days of the request date.

Stipulations should include a specified completion date within 90 days of the date the request is made.

INFO

The Court encourages, but does not require, filing an OSC response at least 10 days before the hearing where possible.

although the Court encourages filing any response at least 10 days in advance of the OSC where possible

WARNINGCivil cases

A pretrial technology conference to test Zoom may be requested at the Trial Setting Conference or by a stipulation at least 30 days before trial; it is not a hearing on the record, and it will not address substantive matters.

Parties/counsel wishing to conduct a virtual trial may request at the time of the Trial Setting Conference, or by stipulation at least 30 days before trial that the Court schedule a pretrial conference in advance of trial to allow counsel and self-represented parties to test the Zoom video application with the Court and to ask any questions about how the technology may be used, if at all, during trial. The technology conference is provided as a service to counsel and parties; it is not a hearing on the record. For that reason, substantive matters, including whether a particular trial will be held virtually or whether the parties are seeking a continuation, will not be taken up at the conference. All conferences will take place on Zoom video using meeting number 1609703 7960 absent further order of the Court.