Judge Sophia Choi
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Deposition Transcript
Court-wide- On First Day of Trial
Witness List, Exhibit List, Exhibits, Judicial Notice Request, Motion in Limine, Opposition, Trial Brief, Stipulation, Jury Instructions, Verdict Form
Court-wide- 1 copy
Communication
Chambers
Page & Word Limits1 rule
File a joint IDC brief (3 pages max) three court days before the IDC.
- Brief
- Up to 3 pages
Document Format Requirements3 rules
All approved visual aids must be pre-marked for identification.
Formatting
- •Pre-marked for identification
Exhibits shall be pre-marked in numerical order and, if multiple pages, bate stamped at the bottom of each page. Exhibits must be marked and reviewed by all counsel before testimony begins.
Jury instructions must be 'fully edited'—in a form ready to be copied and handed to jurors—meaning blanks are filled, gender and party-number references corrected, inapplicable language deleted, brackets removed, and no additional information (instruction title, requesting party, or given/modified/refused status) appears.
Court's wording
in accordance with section 8 of Riverside County Superior Court Local Rule 3401. By “fully edited,” the Court means that the instructions shall be prepared in a form suitable to be copied and handed to the jurors. In particular: o All blanks shall be filled in. (Cal. Rules of Court, rule 2.1050(c)(3).) o All references to the gender of the parties and to the number of parties shall be corrected. o All inapplicable alternative language shall be deleted. If the application of any language cannot be determined until the end of testimony, that language should be kept in. o All brackets (“[ ]”) surrounding applicable alternative language shall be removed. o Other than the text of the instruction and the instruction number, no other information shall appear regarding form instructions. Specifically, the following information shall not appear: the title of the instruction; the party requesting the instruction; and whether the instruction is given, modified, or refused.
Document Filing Requirements16 rules
Parties must respond in writing to orders to show cause per Local Rule 3116; failure to do so may result in sanctions.
Court's wording
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.
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."
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.
Sanchez objections must be raised via motion in limine unless waived by stipulation.
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.
In cases with multiple separately represented defendants, defense must advise the Court in writing of which counsel will take the lead in examining witnesses.
Court's wording
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.
Exhibits must be moved into evidence by the end of the trial day they are referenced.
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.
Proposed special instructions shall include the text of the instruction, the party requesting that instruction, and a citation to the authority supporting that instruction.
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.
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.
Court's wording
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
Proposed Findings of Fact and Conclusions of Law for bench trials must include all elements of each Cause of Action alleged by the Plaintiff.
Court's wording
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
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).
A copy of an Exhibits binder shall be provided for the witness stand.
Lodged transcripts may be returned to counsel post-trial; counsel must retain per CCP § 2025.550(b).
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.
Court's wording
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.
Filing & Service rules
Filing Timing and Cure Windows
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.
Page 3 | IV. Law and Motion
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.
Page 3 | IV. Law and Motion
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
Page 4 | VI. Trial Setting Conference
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.
Page 5 | IX. Trials / Pre-Trial Filings
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
Page 10 | 12. Additional Rules for Bench Trial
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.
Page 10 | 9. Jury Instructions
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.
Page 10 | 10. Verdict Forms
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.
Page 11
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.
Page 11
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.
Page 5 | VII. Status Conference
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.
Page 8
Service and Proof of Service Rules
Parties seeking ex parte relief must email a copy of the application and supporting documents to opposing counsel by 4:00 p.m. the day before the hearing.
In addition to complying with the California Rules of Court and applicable Local Rules governing ex parte applications, parties seeking ex parte relief must email a copy of any ex parte application (and all supporting documents) to the opposing party/counsel no later than 4:00 p.m. the day prior to the ex parte hearing.
Page 2 | II. Ex Parte Applications
Opposition to an ex parte application must be served on the moving party as soon as it is filed.
Any opposition to an ex parte application must be served on the moving party/counsel as soon as it is filed with the Court.
Page 2 | II. Ex Parte Applications
All visual aids intended for use in opening or closing must be shared with the opposing side, with objections handled outside the jury's presence.
All visual aids intended to be used in opening or closing must be shared with the opposing side. Any objections will be handled outside the presence of the jury.
Page 6 | IX. Trials / Visual Aids in Opening Statement and Closing Argument
Defendant must serve a copy of its affirmative defenses on opposing counsel or the self-represented party at least five days before trial.
for Defendant’s Affirmative Defense(s). Opposing counsel or self-represented party must be served with a copy at least five (5) days prior to the date set for trial.
Page 11
Parties must exchange all exhibits 14 days before trial; impeachment evidence is excluded from this requirement.
Joint Exhibit List (noting any stipulations as to authenticity, admissibility, or both; exchange all exhibits 14 days before trial; excludes impeachment evidence)
Page 5 | IX. Trials / Pre-Trial Filings
Adjournment & Extension Requirements
Trial continuances require a noticed motion; ex parte requests require exigent circumstances; day-of-trial requests require extraordinary circumstances.
Trial continuances require a noticed motion. Ex parte requests require exigent circumstances. Day-of-trial requests require extraordinary circumstances.
Page 8
No recess or continuance will be granted for a witness's failure to appear absent proof of service of a subpoena or notice to appear.
No recess will be taken or continuance granted for the failure of a witness to appear absent proof of service of either a subpoena or a notice to appear.
Page 7
Chambers Communication Rules
Parties may jointly request an Informal Discovery Conference by emailing Dept5@riverside.courts.ca.gov (copying all parties); the Court will not schedule an IDC unless all counsel and self-represented parties jointly submit the request.
If unresolved, parties may jointly request an Informal Discovery Conference (IDC) by emailing Dept5@riverside.courts.ca.gov (cc all parties). If the request is not jointly submitted by all counsel and self-represented parties, the Court will not schedule an IDC.
Page 3 | IV. Law and Motion
On post-deliberation jury questions, the Court notifies all counsel by telephone and relays its intended response: consenting counsel need not appear, counsel who do not respond within 15 minutes lose input, and objecting counsel may address the Court only if they responded within 15 minutes.
Post-deliberation jury questions or notices: Upon receiving any request, question, or notice from the jury after the jury has begun to deliberate, the Court shall notify counsel for all parties by telephone and will relay the Court’s intended response. If all counsel consent to that response, it shall be given without any appearance by counsel. If counsel for any party does not respond within 15 minutes after that notice, the Court may act without their input. If counsel for any party objects to the Court’s intended response, all counsel will be notified and will be given an opportunity to address the Court, but only if counsel responded within 15 minutes after that notice.
Page 10 | 11. Jury
Counsel and self-represented parties must meet and confer to decide who emails the final jury instructions to the Court, with everyone included on the email.
Counsels and self-represented parties must meet and confer and decide amongst themselves who will email the final jury instructions to the Court, with all counsels and self-represented parties included in the email to the Court.
Page 10 | 9. Jury Instructions