Judge Joseph T. Ortiz
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Joint Report
Civil Unlimited Complaint
Court-wide- 1 copy
Adjournments
- A continuance of the initial case management conference may be jointly requested by submitting a stipulation and proposed order directly to Department S-17 no later than five court days before the hearing.
Communication
Other Contacts7 contacts
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Clerk1 contacts
Page & Word Limits2 rules
The parties will submit a joint IDC statement outlining the impasse that is no more than five pages long.
- Joint IDC statement
- Up to 5 pages
counsel (either jointly or separately) should lodge (not file) a one page statement of the issues in dispute in Department S-17
- Statement of issues
- Up to 1 page
Document Format Requirements3 rules
Bring at least four sets of the same exhibits: (1) original for the Clerk, (2) one for opposing party; (3) one for the witness stand, and (4) one for the bench. A copy for the bench must be provided no later than at the Trial Readiness Conference.
Exhibit List & Exhibits shall be placed in 3-ring binders.
- Binding
- Three-ring binder
- Joint exhibit list
- Exhibits
In addition, please provide the proposed instructions in WORD format on a flash drive.
- File type
- Word
- Jury instructions
Document Filing Requirements17 rules
A complete JOINT Witness List. (Jury & Court Trials).
Any special requests of instructions, must be provided in two formats. First, a working copy with recitation to case or statutory authority; the other, a clean copy in a CACI format ready to go to the jury.
Jury Instructions (with a generic pleading cover sheet and itemized list of CACI Instructions and Special Instructions) and Verdict(s) shall be submitted by Plaintiff.
A JOINT Statement of the Case. This also requires parties to meet and confer.
A complete JOINT Exhibits List & Exhibits. (Jury & Court Trials). This requires parties to meet and confer.
Defendant's jury instructions are due filed on the first day of trial and should only include the additional instructions requested and a list of objections to any of Plaintiff's proposed instructions.
Such a request should be made by submitting a Stipulation and Proposed Order to the Court, filed directly in Department S-17 (not in the clerk's office), no later than five court days before the scheduled hearing.
- Document
- Stipulation and proposed order
Should include
- •Proposed order
If, however, counsel agree to stay formal proceedings to facilitate settlement discussions or for other reasons, each defendant is directed to file either a Notice of General Appearance or a Notice of Special Appearance (if counsel intends to challenge personal jurisdiction).
A service list (the service list should identify all primary and secondary counsel, firm names, addresses, telephone numbers, email addresses, and fax numbers for all counsel.)
The joint report must include the following:
Counsel are ordered to meet and confer, in person or by telephone or video conference, and to prepare a joint report for the initial CMC, to be filed in advance of the conference date.
Counsel must submit a joint report for each conference after the initial CMC.
They are to have a case caption only without any firm attribution.
All of the above-listed items are MANDATORY, except for the trial brief, which is optional for jury trials.
Whether the court should issue an order requiring electronic service. Counsel should advise the court regarding any preferred web-based electronic service provider;
The report should address how the case has moved forward since the last conference, what needs to be accomplished in the future, and how the court can assist the parties move the case towards resolution.
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."
Filing & Service rules
Filing Timing and Cure Windows
The joint report must be filed through the Clerk's office before the hearing, and one courtesy copy must be submitted directly to Department S17 to ensure timely receipt.
The joint report must be filed in the regular course in the Clerk's office in advance of the hearing, but to assure that the report is timely received in the department, a courtesy copy of the report will be submitted directly into Department S17.
Civil cases
Page 4 | THE JOINT REPORT
Stipulations continuing conferences or hearings must be filed directly with the court in Department S-17 at least five court days before the scheduled conference or hearing, rather than in the Clerk's office.
Any stipulations to continue conferences or other hearings throughout this litigation must be filed with the court directly in Department S-17 (not in the Clerk's office), no later than five court days before the conference or hearing date.
Civil cases
Page 6 | JOINT REPORT
Subsequent joint reports must be filed through the ordinary Clerk's Office process before the conference hearing.
As with the initial report, subsequent joint reports must be filed in the regular course in the Clerk's office in advance of the hearing
Civil cases
Page 7 | JOINT REPORTS FOR SUBSEQUENT CONFERENCES
The statement of disputed issues must be lodged no later than the day before the informal discovery conference.
no later than the day before the IDC.
Civil cases
Page 7 | INFORMAL DISCOVERY CONFERENCES
Service and Proof of Service Rules
Any written motion in limine must comply with SBC LR 415 and be served on the opposing party eight days in advance.
Motions In Limine in writing, if any, and in compliance with SBC LR 415. (See Kelly v. New West Financial Services, 49 CA 4th 659.) Motions in limine must be served on opposing party 8 days in advance.
Civil cases
Page 1 | TRIAL SETTING ORDERS FOR DEPARTMENT S17
Plaintiffs' counsel must serve the order on each defendant's counsel, or directly on each defendant if counsel is unknown, within ten days of appearance; failure may result in monetary sanctions.
Plaintiffs' counsel is ordered to serve this Order on counsel for each defendant or, if counsel is not known, on each defendant within ten days of appearance. Failure to serve this order may result in the imposition of monetary sanctions.
Civil cases
Page 2 | SERVICE OF THIS ORDER
Courtesy Copy Requirements
a courtesy copy of the report will be submitted directly into Department S17.
a courtesy copy of the report will be submitted directly into Department S17.
Civil cases
Page 4 | THE JOINT REPORT
Courtesy copies of subsequent joint reports should be delivered directly to Department S17 so the department receives them timely.
but to assure that the reports are timely received in the department, courtesy copies should be submitted directly into Department S17.
Civil cases
Page 7 | JOINT REPORTS FOR SUBSEQUENT CONFERENCES
Pre-Motion Conference Requirements
A party must request an informal discovery conference with the court before filing a discovery motion.
Motions concerning discovery cannot be filed without first requesting an informal discovery conference (IDC) with the court.
Civil cases
Page 7 | INFORMAL DISCOVERY CONFERENCES
No briefing is allowed for the IDC, but counsel (either jointly or separately) should lodge (not file) a one page statement of the issues in dispute in Department S-17 no later than the day before the IDC.
No briefing is allowed for the IDC, but counsel (either jointly or separately) should lodge (not file) a one page statement of the issues in dispute in Department S-17 no later than the day before the IDC.
Civil cases
Page 7 | INFORMAL DISCOVERY CONFERENCES
Parties must meet and confer to impasse on a discovery dispute before seeking an informal discovery conference, and failure to do so may result in removal of the conference from the calendar.
Parties are, however, required to meet and confer to impasse on the discovery dispute prior to seeking an IDC. Failure to meet and confer will result in the IDC being taken off calendar per Local Rule 560.
Civil cases
Page 1 | ORDER RE INFORMAL DISCOVERY CONFERENCES
Informal discovery conferences are conducted by Zoom, with in-person attendance permitted only when all counsel appear in person.
IDCs are conducted by remote video conference, using Zoom. In-person attendance at the IDC is permissible only if all counsel are appearing in person.
Civil cases
Page 7 | INFORMAL DISCOVERY CONFERENCES
All informal discovery conferences are conducted off the record.
All IDCs are off the record.
Civil cases
Page 7 | INFORMAL DISCOVERY CONFERENCES
If all counsel agree, a remote conference may address matters beyond discovery, remains off the record, and will not result in orders unless all parties agree.
If all counsel agree, remote conferences are not limited to discovery issues; counsel may address other matters with the court, with the understanding that the conferences are off the record and that the court will make no orders absent agreement among the parties.
Civil cases
Page 8 | INFORMAL DISCOVERY CONFERENCES
Adjournment & Extension Requirements
A continuance of the initial case management conference may be jointly requested by submitting a stipulation and proposed order directly to Department S-17 no later than five court days before the hearing.
Counsel for all parties are ordered to attend the initial CMC. If there are defendants who have not yet made a general or special appearance, those parties who are presently before the court may jointly request a continuance of the initial CMC to allow additional time for such non-appearing defendants to make their general or special appearances. Such a request should be made by submitting a Stipulation and Proposed Order to the Court, filed directly in Department S-17 (not in the clerk's office), no later than five court days before the scheduled hearing.
Civil cases
Page 2 | THE INITIAL CASE MANAGEMENT CONFERENCE
Chambers Communication Rules
The completed stipulation may be emailed to Department S-17 at jgarcez@sb-court.org before the hearing.
Prior to the hearing, you can email the completed Stipulation to Department S-17 at jgarcez@sb-court.org.
Civil cases
Page 9 | ZOOM APPEARANCES