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Court Rules
Judge

Judge Gilbert G. Ochoa

Individual Rules, Standing Orders & Policies

Rules last changed:
San Bernardino Superior Court

Limits & Logistics

Document Limits

Mediation BriefCourt-wide
10 pgs

Courtesy Copies

Civil Unlimited Complaint

Court-wide
  • 1 copy
Filters:

Document Filing Requirements13 rules

Filing RequirementsMandatoryCivil cases

A complete JOINT Exhibit list.

r17trialcourtorders
|SectionRequired documents for presentation to court at readiness calendar
Filing RequirementsMandatoryCivil cases

Any in limine motions must be submitted in writing, with the party directed to review the listed authorities before filing its motion in limine.

Court's wording

In limine motions in writing, if any {Please review these cases before submitting your MIL: See R&B Auto Center vs. Farmers Group, 140 Cal.App. 4th 327,371 (2006), Kelly v. New West Financial Services, 49 CA 4th 659, (1996), Amtower vs. Photon Dynamics, 158 Cal.App. 4th 1582 (2020)}.

r17trialcourtorders
|SectionRequired documents for presentation to court at readiness calendar
Filing RequirementsMandatoryCivil cases

A complete JOINT Witness list.

r17trialcourtorders
|SectionRequired documents for presentation to court at readiness calendar
Filing RequirementsMandatoryCivil cases

Full CACI instructions and specials to be attached.

r17trialcourtorders
|SectionRequired documents for presentation to court at readiness calendar
Filing RequirementsMandatoryCivil cases

Proposed special verdict form if you are requesting one.

r17trialcourtorders
|SectionRequired documents for presentation to court at readiness calendar
Filing RequirementsMandatoryCivil cases

A JOINT Statement of the case.

r17trialcourtorders
|SectionRequired documents for presentation to court at readiness calendar
Filing RequirementsMandatoryCivil cases

Proposed jury instructions (a face page with CACI instructions in sequential order together with any special instructions), Full CACI instructions and specials to be attached.

r17trialcourtorders
|SectionRequired documents for presentation to court at readiness calendar
Filing RequirementsMandatoryCivil cases

For example, if you cannot agree to a JOINT Statement of the Case (SOC), submit one document with both descriptions of your SOC.

r17trialcourtorders
|SectionRequired documents for presentation to court at readiness calendar
Filing RequirementsMandatory

Parties seeking a transcript must retain a private reporter and submit a Stipulation and Order to Use Certified Shorthand Reporter.

Court's wording

As of January 9, 2023, the court no longer provides an official Court Reporter to transcribe proceedings. Parties who wish to have a transcript must retain their own private reporter and must submit a “Stipulation and Order to Use Certified Shorthand Reporter.”

r17zoomrules · Jan 2023
|SectionATTENTION: Court Reporter and Transcript Procedures
Filing RequirementsMandatory

Jury Instructions are to be submitted to the court on the first day of trial.

r17courtroomjurybenchtrialrulesandcourtstrialorders · p. 1
|SectionJUDGE OCHOA'S COURTROOM JURY/BENCH TRIAL RULES AND COURT'S TRIAL ORDERS
Filing RequirementsImportant

If you are using any PowerPoint slides in your opening or closing, make sure they have been shown to the opposing side.

r17courtroomjurybenchtrialrulesandcourtstrialorders · p. 2
|SectionJUDGE OCHOA'S COURTROOM JURY/BENCH TRIAL RULES AND COURT'S TRIAL ORDERS
Filing RequirementsImportant

Have all exhibits marked before the start of testimony and make certain that each party, or their counsel, has reviewed them.

r17courtroomjurybenchtrialrulesandcourtstrialorders · p. 2
|SectionJUDGE OCHOA'S COURTROOM JURY/BENCH TRIAL RULES AND COURT'S TRIAL ORDERS
Filing RequirementsNoteCivil cases

All the above listed items are MANDATORY except for the trial brief, which is optional for jury trials (SBC Local Rule 411)

r17trialcourtorders
|SectionRequired documents for presentation to court at readiness calendar

Filing & Service rules

Filing Timing and Cure Windows

Briefs must be submitted at least five days before the mandatory settlement conference.

Briefs due at least five days prior to MSC.

Civil cases

Page 1 | Mandatory Settlement Conference

Service and Proof of Service Rules

The readiness-calendar materials must be served on opposing counsel by the earlier of the statutory service time or five calendar days before the readiness date.

Service on opposing counsel pursuant to statute or 5 days calendar days before readiness date, whichever is sooner:

Civil cases

Page 1 | Required documents for presentation to court at readiness calendar

Pre-Motion Conference Requirements

The parties propounding and responding to the discovery dispute must attend electronically, while other uninvolved parties may attend or abstain.

Propounding and responding parties to the discovery dispute must be at the conference electronically. All other parties not involved in the dispute can attend or not attend the conference.

Civil cases

Page 1 | ORDER RE DISCOVERY CONFERENCE

Notice of the discovery conference must be given to every party.

Notice must be given to all parties.

Civil cases

Page 1 | ORDER RE DISCOVERY CONFERENCE

Failure to obey the discovery-conference order may result in sanctions under CCP 177.5.

Failure to obey this Order will result in Sanctions for the offending party pursuant to CCP 177.5.

Civil cases

Page 1 | ORDER RE DISCOVERY CONFERENCE

Before filing any discovery motion, the moving party must schedule a discovery conference with all parties and the Court, preferably by video.

Prior to any party filing any discovery motion in this action, the moving party must schedule a telephonic or preferably a video discovery conference (herein after IDC) with all parties and the Court.

Civil cases

Page 1 | ORDER RE DISCOVERY CONFERENCE

The discovery conference will address the dispute and possible referral to Judicial Reference, and timely objections to that referral must be made at the conference.

At the IDC, the issues of the discovery dispute will be discussed as well as possible referral of the case out to Judicial Reference (hereinafter JR), pursuant to CCP 639. Timely objections to JR, including but not limited to, economic hardship, will be heard at this time only.

Civil cases

Page 1 | ORDER RE DISCOVERY CONFERENCE

Time to bring a necessary discovery motion is tolled for any delay caused by the discovery conference.

The time for bringing any discovery motion if necessary, will be tolled by any delay caused by the discovery conference.

Civil cases

Page 1 | ORDER RE DISCOVERY CONFERENCE

Participants should join the conference link five minutes early to discuss narrowing the issues with opposing counsel before the Court joins.

Please appear on the link 5 minutes early to discuss any narrowing of issues with opposing counsel before the Court logs on.

Civil cases

Page 1 | ORDER RE DISCOVERY CONFERENCE

Neither side must file substantive discovery documents for the conference, but should have them available at the conference, preferably electronically.

No substantive documents on the discovery issues (propounding and/or responsive documents, briefs, etc.) need to be filed for the conference by either side but you should have them available for reference at the conference preferably electronically.

Civil cases

Page 1 | ORDER RE DISCOVERY CONFERENCE

The discovery conference is intended to resolve discovery disputes without filing a motion.

The purpose of the IDC is to try and resolve the discovery issues without the necessity of a motion.

Civil cases

Page 1 | ORDER RE DISCOVERY CONFERENCE

Adjournment & Extension Requirements

(Be prepared with appropriate financial documentation/declarations at this time of the IDC or request an extension at the time of the IDC).

(Be prepared with appropriate financial documentation/declarations at this time of the IDC or request an extension at the time of the IDC).

Civil cases

Page 1 | ORDER RE DISCOVERY CONFERENCE

Court-wide rules

Applies court-wide

These 248 rules apply across San Bernardino Superior Court. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 129
  • Applies to
    Appointed attorney written report

    Every court-appointed attorney must file a verified written report stating bar status and disciplinary history, professional liability coverage, and prior representations, including the represented party's name and an explanation of the representation; reports for private professional conservators or fiduciaries must be included.

  • Applies to
    Stipulation

    All interested persons must sign the written stipulation.

  • Applies to
    Final account

    If there is a pour-over will or distribution to a trust, the entire subject trust instrument and its amendments, attachments, schedules, and exhibits must be filed.

Filing Timing

All 36
  • Deadline
    5 business days

    IFHMB must receive the mediation request form at least five business days before the court-noticed mediation date.

  • The parties must immediately notify the court and file the Notice of Settlement after settling the case.

  • The debtor must promptly file the Notice of Stay after removal to bankruptcy court.

Service

All 33
  • Applies to
    Mediation brief
    Service
    Email

    Mediation briefs are not required.  If you choose to submit a mediation brief, the limit is 10 pages, including all photos and exhibits, and must be sent to mhill@ifhmb.com and amartin@ifhmb.com at least 5 days before the mediation.

  • Applies to
    Motion or oraps

    A proof of service must be filed at least 10 days before the examination for motions or ORAPS to avoid removal from the calendar.

  • Applies to
    Initial trial setting conference statement

    The Initial Trial Setting Conference Statement must be served no later than 10 days before the conference.

Adjournments

All 13
  • A continuance of the first-set trial date must be requested by a written stipulation of all parties, without an ex parte application, filed at least 15 days before the trial date.

  • Requests for continuances are governed by California Rule of Court, Rule 3.1332.

  • A party seeking a continuance or not intending to proceed must notify the Judicial Assistant and opposing counsel as soon as possible and no later than 4:30 p.m. on the second court day before the hearing.

About Judge Gilbert G. Ochoa

Department R17, Rancho Cucamonga, 8303 N Haven Ave Rancho Cucamonga, CA. 91730

Common questions about Judge Gilbert G. Ochoa's rules

Does Judge Gilbert G. Ochoa require a pre-motion conference or letter before filing a motion?

Before filing any discovery motion, the moving party must schedule a discovery conference with all parties and the Court, preferably by video.

View ruleSource: page 1, section ORDER RE DISCOVERY CONFERENCE

What must be included with in limine motion filings before Judge Gilbert G. Ochoa?

Any in limine motions must be submitted in writing, with the party directed to review the listed authorities before filing its motion in limine.

View ruleSource: page 1, section Required documents for presentation to court at readiness calendar

What must be included with joint witness list filings before Judge Gilbert G. Ochoa?

A complete joint witness list is required at the readiness calendar.

View ruleSource: page 1, section Required documents for presentation to court at readiness calendar

How do I request an adjournment or extension before Judge Gilbert G. Ochoa?

(Be prepared with appropriate financial documentation/declarations at this time of the IDC or request an extension at the time of the IDC).

View ruleSource: page 1, section ORDER RE DISCOVERY CONFERENCE

What filing deadlines does Judge Gilbert G. Ochoa set?

Briefs must be submitted at least five days before the mandatory settlement conference.

View ruleSource: page 1, section Mandatory Settlement Conference

What rule applies to service for readiness calendar materials before Judge Gilbert G. Ochoa?

Details: recipient: the opposing party, timing: 5 calendar days. The readiness-calendar materials must be served on opposing counsel by the earlier of the statutory service time or five calendar days before the readiness date.

View ruleSource: page 1, section Required documents for presentation to court at readiness calendar
Complete rules summary for Judge Gilbert G. Ochoa

Briefs must be submitted at least five days before the mandatory settlement conference.

The readiness-calendar materials must be served on opposing counsel by the earlier of the statutory service time or five calendar days before the readiness date.

Any in limine motions must be submitted in writing, with the party directed to review the listed authorities before filing its motion in limine.

A complete joint witness list is required at the readiness calendar.

If the parties cannot agree on the joint statement of the case, they must submit one document containing both parties’ descriptions.

The parties must provide proposed jury instructions on a face page listing CACI instructions sequentially and any special instructions, with the full CACI instructions and special instructions attached.

The full set of CACI instructions and any special instructions must be attached to the proposed jury instructions.

All listed readiness-calendar items are mandatory except the trial brief, which is optional for jury trials.

A complete joint exhibit list is required at the readiness calendar.

A proposed special verdict form is required only when a party requests one.

A joint statement of the case is required at the readiness calendar.

Parties seeking a transcript must retain a private reporter and submit a Stipulation and Order to Use Certified Shorthand Reporter.

Jury instructions must be submitted to the court on the first day of trial.

All exhibits must be marked before testimony begins, and each party or counsel must review them.

PowerPoint slides used in opening or closing must be shown to the opposing side.

Before filing any discovery motion, the moving party must schedule a discovery conference with all parties and the Court, preferably by video.

The discovery conference is intended to resolve discovery disputes without filing a motion.

The discovery conference will address the dispute and possible referral to Judicial Reference, and timely objections to that referral must be made at the conference.

Time to bring a necessary discovery motion is tolled for any delay caused by the discovery conference.

The parties propounding and responding to the discovery dispute must attend electronically, while other uninvolved parties may attend or abstain.

Notice of the discovery conference must be given to every party.

Participants should join the conference link five minutes early to discuss narrowing the issues with opposing counsel before the Court joins.

Neither side must file substantive discovery documents for the conference, but should have them available at the conference, preferably electronically.

Failure to obey the discovery-conference order may result in sanctions under CCP 177.5.

(Be prepared with appropriate financial documentation/declarations at this time of the IDC or request an extension at the time of the IDC).

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