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Court Rules
Judge

Judge Michael A. Dauber

Individual Rules, Standing Orders & Policies

San Bernardino Superior Court

Limits & Logistics

Document Limits

Mediation BriefCourt-wide
10 pgs

Courtesy Copies

Ex Parte Application

Ex Parte Application, Supporting Documents, Motion, Opposition, Reply, Trial Documents

Motion in Limine, Opposition to Motion in Limine

Opening Argument, Closing Argument

Adjournments

Court-wide

Request must include

Reason for Request
2Court Daysnotice
Reason for Request
Filters:

Document Format Requirements1 rule

FormattingImportantCivil cases

Courtesy copies must be one-sided.

s35trialsettingorders
|SectionTrial Setting Orders

Document Filing Requirements1 rule

Filing RequirementsMandatoryCivil cases

At the Final Status Conference date, counsel of record are to appear in person and provide the Court with the following items: trial briefs; witness list; verdict forms; exhibit list; proposed CACI instructions without use notes; exhibits; joint statement of the case; courtesy copies of all motions in limine and oppositions to motions in limine; time estimate for witnesses; stipulated categories/topics for expert witnesses with page and line references for each category.

s35trialsettingorders
|SectionTrial Setting Orders

Filing & Service rules

Electronic Filing Rules

Opening and closing arguments must be electronically filed with the Court by the close of trial for appellate purposes, with a courtesy copy delivered to the Court.

Opening and Closing Arguments shall be e-filed with the Court by the close of trial, for Appellate purposes, and a courtesy copy delivered to the Court.

Civil cases

Page 1 | Trial Setting Orders

Filing Timing and Cure Windows

Opening and closing arguments must be filed by the close of trial.

Opening and Closing Arguments shall be e-filed with the Court by the close of trial, for Appellate purposes, and a courtesy copy delivered to the Court.

Civil cases

Page 1 | Trial Setting Orders

Courtesy Copy Requirements

Counsel must provide courtesy copies of all motions in limine and oppositions to motions in limine at the Final Status Conference.

At the Final Status Conference date, counsel of record are to appear in person and provide the Court with the following items: trial briefs; witness list; verdict forms; exhibit list; proposed CACI instructions without use notes; exhibits; joint statement of the case; courtesy copies of all motions in limine and oppositions to motions in limine; time estimate for witnesses; stipulated categories/topics for expert witnesses with page and line references for each category.

Civil cases

Page 1 | Trial Setting Orders

A courtesy copy of the opening and closing arguments must be delivered to the Court.

Opening and Closing Arguments shall be e-filed with the Court by the close of trial, for Appellate purposes, and a courtesy copy delivered to the Court.

Civil cases

Page 1 | Trial Setting Orders

The party must deliver courtesy copies of an ex parte application to Department S35 by noon on the day before the scheduled hearing, and failure may result in sanctions or removal of the hearing from the calendar.

Courtesy Copies of ExParte Applications are required to be delivered by the party to Department S35 no later than 12:00 pm the day prior to the scheduled hearing. Failure to provide Courtesy Copies may result in sanctions and/or the hearing taken off calendar”

Page 1 | Courtesy Copy Requirements

Courtesy copies are required for ex parte applications and supporting documents, motions, oppositions, replies and their supporting documents, and all trial documents.

Courtesy Copies are required for: All ExParte Applications and their supporting documents All motions, oppositions, replies and their supporting documents All trial documents.

Page 1 | Courtesy Copy Requirements

All courtesy copies must be one-sided and delivered to Department S35.

All Courtesy Copies need to be ONE-SIDED and delivered to Department S35.

Page 1 | Courtesy Copy Requirements

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 Michael A. Dauber

Department S35, San Bernardino Justice Center, 247 W. Third Street, San Bernardino, CA. 92415

Common questions about Judge Michael A. Dauber's rules

Are courtesy copies required for Judge Michael A. Dauber?

Courtesy-copy rule applies for motion in limines and opposition to motion in limines. Counsel must provide courtesy copies of all motions in limine and oppositions to motions in limine at the Final Status Conference.

View ruleSource: page 1, section Trial Setting Orders

What must be included with final status conference submission filings before Judge Michael A. Dauber?

At the Final Status Conference, counsel must provide trial briefs, witness and exhibit lists, verdict forms, CACI instructions without use notes, exhibits, a joint statement of the case, courtesy copies of specified limine motions and oppositions, a witness time estimate, and expert-witness categories with page and line references.

View ruleSource: page 1, section Trial Setting Orders

Is electronic filing required before Judge Michael A. Dauber?

Yes. Electronic filing is required for the covered filings. Opening and closing arguments must be electronically filed with the Court by the close of trial for appellate purposes, with a courtesy copy delivered to the Court.

View ruleSource: page 1, section Trial Setting Orders

What filing deadlines apply to opening argument and closing argument filings before Judge Michael A. Dauber?

Opening and closing arguments must be filed by the close of trial.

View ruleSource: page 1, section Trial Setting Orders
Complete rules summary for Judge Michael A. Dauber

At the Final Status Conference, counsel must provide trial briefs, witness and exhibit lists, verdict forms, CACI instructions without use notes, exhibits, a joint statement of the case, courtesy copies of specified limine motions and oppositions, a witness time estimate, and expert-witness categories with page and line references.

Counsel must provide courtesy copies of all motions in limine and oppositions to motions in limine at the Final Status Conference.

Opening and closing arguments must be electronically filed with the Court by the close of trial for appellate purposes, with a courtesy copy delivered to the Court.

A courtesy copy of the opening and closing arguments must be delivered to the Court.

All courtesy copies must be one-sided.

Opening and closing arguments must be filed by the close of trial.

Courtesy copies are required for ex parte applications and supporting documents, motions, oppositions, replies and their supporting documents, and all trial documents.

All courtesy copies must be one-sided and delivered to Department S35.

The party must deliver courtesy copies of an ex parte application to Department S35 by noon on the day before the scheduled hearing, and failure may result in sanctions or removal of the hearing from the calendar.

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