Judge David E. Driscoll
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Joint Witness List
- 2 copies
Civil Unlimited Complaint
Court-wide- 1 copy
Adjournments
- Witness unavailability supports a continuance only if the witness was subpoenaed or beyond subpoena, had agreed to attend, and is absent because of an unavoidable emergency that counsel neither knew nor reasonably could have known when trial was set.
- A continuance for substitution of counsel is disfavored and permitted only upon an affirmative showing that substitution is required in the interest of justice.
- A continuance may be allowed when the court finds the case is not ready for trial because of an unforeseen change in circumstances, parties, or court-ordered pleadings.
- +4 more
Request must include
- A trial attorney engaged in another trial may support a continuance only if the conflict was not reasonably foreseeable when the date was accepted and the court was told at least 30 days before trial that no qualified firm attorney was available and prepared.
Communication
Chambers
Phone
Chambers
Phone
Chambers
Phone
Court-wideClerk
Phone
Court-wideDocument Format Requirements4 rules
Counsel must prepare a JOINT EXHIBIT BOOK eliminating duplication.
- Joint exhibit book
Formatting
- •The joint exhibit book must eliminate duplication
Exhibits are to be pre-marked before trial.
- Exhibits
Formatting
- •Exhibits must be pre-marked before trial
Transcripts of audio or video recordings and other appropriate sub-exhibits shall be marked with the same number as the primary exhibit with the sub-classification of a number (i.e. “1-1”, “1-2” etc.)
To the extent, possible Flash/Thumb Drives are encouraged in addition to exhibit books.
Document Filing Requirements5 rules
IDC Statements must be filed by the parties directly in Dept. 22 no later than 2 court days before the IDC. The IDC statements must describe with particularity all meet-and-confers conducted by counsel and apprise the court as to the progress in narrowing and reducing the number of disputed requests.
CACI jury instructions checklist, pinpoint instructions and special verdict form are to be provided to the court on the first day of trial.
A list of requested voir dire questions and/or mutually agreed upon jury questionnaires must be submitted prior to the first day trial begins.
Motions In Limine, Statement of Stipulated Facts, Trial Briefs and a Joint Statement of the Case must be filed with the court upon the case being assigned to trial at the Readiness Calendar.
All counsel are required to meet and confer and submit instructions to which there is a disagreement as a separate submittal.
Filing & Service rules
Filing Timing and Cure Windows
IDC statements must be filed directly with Department 22 no later than two court days before the IDC.
IDC Statements must be filed by the parties directly in Dept. 22 no later than 2 court days before the IDC.
Civil cases
Page 2 | THE COURT ORDERS THE FOLLOWING
Courtesy Copy Requirements
An original and two copies of the joint witness list must be filed with the court at the Readiness Calendar.
An original and two copies of JOINT Witness List and JOINT Exhibit List are required to be filed with the court at the Readiness Calendar.
Civil cases
Page 1 | Witness and Exhibit Lists
Pre-Motion Conference Requirements
Before filing any discovery motion, the moving party must schedule a telephonic informal discovery conference with all parties and the Court.
Prior to any party filing any discovery motion in this action, the moving party must schedule a telephonic informal discovery conference (herein after IDC) with all parties and the Court.
Civil cases
Page 1 | THE COURT ORDERS THE FOLLOWING
The prospective moving party must contact Department 22 to schedule the IDC and give notice of the conference to all parties.
The party intending to file a motion must contact Department 22 to schedule the IDC. Notice of the IDC must be given to all parties by the prospective moving party.
Civil cases
Page 1 | THE COURT ORDERS THE FOLLOWING
The propounding and responding parties must attend the IDC telephonically without CourtCall, while attendance is optional for other parties not involved in the dispute.
Propounding and responding parties to the discovery dispute must appear at the IDC telephonically (No CourtCall). Attendance is optional for all other parties not involved in the dispute.
Civil cases
Page 1 | THE COURT ORDERS THE FOLLOWING
Before the IDC, the parties must meet and confer in good faith concerning disputed discovery requests, with the length and number of meetings suited to the volume or complexity of the disputes.
The parties are to meet and confer before the IDC to discuss in good faith the disputed discovery requests. The length and number of such meetings should be conducive to the volume and/or complexity ORDER ===== PAGE 2 ===== of the disputed requests.
Civil cases
Page 1 | THE COURT ORDERS THE FOLLOWING
The pre-motion conference requirement covers motions to compel depositions, motions to compel document production at depositions, and objections or motions to quash business or medical records subpoenas.
"Discovery" for purposes of this order includes Motions to Compel Depositions and to compel production of documents at depositions; and objections or motions to quash subpoenas for business or medical records.
Civil cases
Page 1 | THE COURT ORDERS THE FOLLOWING
Adjournment & Extension Requirements
A continuance for substitution of counsel is disfavored and permitted only upon an affirmative showing that substitution is required in the interest of justice.
Continuance for substitution of counsel is disfavored and will only be allowed when there is an affirmative showing that the substitution was required in the interest of justice.
Civil cases
Page 1 | Continuances (Local Rule 418)
A trial attorney engaged in another trial may support a continuance only if the conflict was not reasonably foreseeable when the date was accepted and the court was told at least 30 days before trial that no qualified firm attorney was available and prepared.
Unavailability of the trial attorney when that attorney is engaged in the trial of another case if: (a) at the time such attorney accepted the trial date in this case the conflict could not have been reasonably anticipate; and (b) the Court was informed at least 30 days before trial that no other attorney in the firm was capable, available and prepared to try the case.
Civil cases
Page 1 | Continuances (Local Rule 418)
Witness unavailability supports a continuance only if the witness was subpoenaed or beyond subpoena, had agreed to attend, and is absent because of an unavoidable emergency that counsel neither knew nor reasonably could have known when trial was set.
The unavailability of a witness only where the witness has been subpoenaed or is beyond the reach of subpoena and has agreed to be present, and the witnesses absence is due to an unavoidable emergency that counsel did not know and could not reasonably have known at the time the trial was set.
Civil cases
Page 1 | Continuances (Local Rule 418)
Except in an emergency, a continuance requires good cause, a properly noticed motion, and supporting declarations.
No continuance, absent emergency, will be granted without a showing of good cause and a properly noticed motion with supporting declarations.
Civil cases
Page 1 | Continuances (Local Rule 418)
Illness of a trial attorney or expert witness may support a continuance, but substitution may be considered based on timing, expected duration, case complexity, and substitute availability.
Illness of the trial attorney or expert witness, except that the substitution of another attorney or witness will be considered in lieu of a continuance depending on the proximity of the illness to the date of trial, the anticipated duration of incapacity, the complexity of the case, and the availability of substitute attorney or expert.
Civil cases
Page 1 | Continuances (Local Rule 418)
A continuance may be allowed when the court finds the case is not ready for trial because of an unforeseen change in circumstances, parties, or court-ordered pleadings.
Continuance will be allowed if the Court finds that the case is not ready for trial due to an unforeseen change in circumstances, parties or pleadings ordered by the Court.
Civil cases
Page 1 | Continuances (Local Rule 418)
Death of a trial attorney or essential witness may constitute good cause when proximity to trial makes substitution infeasible.
Death of trial attorney or essential witness where, because of the proximity of such death to the date of trial, it is not feasible to substitute another attorney or witness.
Civil cases
Page 1 | Continuances (Local Rule 418)
A party or essential witness's illness may support a continuance, but an extended anticipated incapacity requires the person's deposition so trial can proceed on the next date.
Illness of a party or essential witness, except that , when it is anticipated the incapacity of such party or witness will continue for an extended period, the continuance will be granted on condition of taking the deposition of the party or witness in order that the trial may proceed on the next date set.
Civil cases
Page 1 | Continuances (Local Rule 418)
Chambers Communication Rules
Parties must schedule the IDC by contacting Department 22 and appear by dialing (909) 521-3529, calling at least five minutes early.
The parties are to contact Dept. 22 to schedule an IDC and appear at the IDC by dialing (909)521-3529. Please call the Department at least 5 minutes early when appearing for the IDC.
Civil cases
Page 2 | THE COURT ORDERS THE FOLLOWING
The Court Attendant may be contacted by phone at (909) 521-3701.
Court Attendant phone number: (909)521-3701
Civil cases
Page 1 | Contacting the Court
The Judicial Assistant may be contacted by phone at (909) 521-3529.
Judicial Assistant phone number: (909)521-3529
Civil cases
Page 1 | Contacting the Court
Counsel may request the exhibit-list template from the Judicial Assistant by emailing pguerrero@sb-court.org.
The Court’s Judicial Assistant (JA) will email the exhibit list template to Counsel upon their request. Send requests to the JA at: pguerrero@sb-court.org
Civil cases
Page 1 | Witness and Exhibit Lists