Judge Leah M. Boucek
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
Exhibit Binders
- 2 copies
Exhibit List
- 3 copies
Communication
Phone
Clerk
Document Format Requirements9 rules
All exhibits should be pre-marked and tabbed as: Petitioner - numbers; Respondent letters. If Respondent has more than 26 exhibits, Petitioner shall use 1-400 and Respondent shall use 401-800. Minor’s Counsel may use the Court’s Exhibit tags (brown) and shall begin with number 801.
Formatting
- •Exhibits must be pre-marked and tabbed: Petitioner uses numbers; Respondent uses letters
If an Exhibit contains multiple pages, please give each page an identifying number (bate stamped) in the lower righthand corner.
Documents such as bank records must be broken down into monthly periods, each labeled as a separate exhibit, with multi-page documents bate stamped.
Court's wording
Documents such as bank records should be broken down to monthly periods. For example, bank statements for the period 1/1/22 through 1/31/22 shall be labeled as exhibit 1; bank statements for the period 2/1/22 through 2/28/22 shall be labeled as exhibit 2, and so on and so forth. The multi-paged documents should be bate stamped as indicated above.
Exhibit tags must not cover any part of the exhibit, are placed on the back or last page if needed, and the exhibit number goes in the lower right-hand corner using a pink tag for Petitioner or yellow tag for Respondent with case and exhibit numbers pre-written.
Court's wording
The exhibit tag should not cover any part of the exhibit, i.e. the writing/numbers and/or photo. If there is not a place to adhere the tag on the front of the exhibit, place it on the back. If there are multiple pages, place it on the last page of the exhibit. The exhibit number is to be placed in the lower right-hand corner by way of an exhibit tag (Pink tag – Petitioner; Yellow tag – Respondent,) and have the case number and exhibit number pre- written as follows:
To assist the clerk and for the benefit of all to ensure the exhibits are correctly identified and received, please be sure the exhibit list is formatted as follows: Pet # Description ID’d Rec’d
No exhibit binders should be more than three (3) inches thick. Binders that exceed this limit will most likely be returned to the party for reorganization.
If your witness has been authorized to appear via videoconferencing, please ensure that each witness knows how to connect to Microsoft Teams and has a good connection prior to the hearing.
When judicial notice is taken of a document/exhibit, it is not indicated “RECEIVED” on the exhibit tag. If there are impeachment exhibits, they can be identified as “the next in order” and the clerk will mark and adhere the exhibit tag.
The Court welcomes iPad use for evidence presentation at trial if resources allow; if iPads are used, only one set of devices should be provided for trial.
Court's wording
The Court welcomes all parties and counsel to utilize iPads for the presentation of evidence during trial if resources allow, particularly in cases where exhibits will be numerous. If iPads are used, only one set of devices should be provided for trial, and each parties’
Document Filing Requirements12 rules
Parties must provide their own laptop or equipment to present electronically stored evidence at trial because the Court cannot insert storage devices into its computers.
Court's wording
Be advised that the Court does not have the capability of presenting electronically stored evidence using its own equipment. The Court has a screen on which evidence can be shown, and cables that can be connected to a laptop, but will not be able to insert flash drives, memory sticks, CDs, or other storage devices into court computers or laptops. Therefore, you must provide your own laptop or other equipment to show that evidence during the trial.
You must ensure that any parties or witnesses appearing remotely have copies of all necessary exhibits in advance of the hearing.
Please be sure Income and Expense Declarations are complete per statutory requirements and follow directions on the form FL-150, providing proof of income and bringing your most recent tax return to the hearing.
Experts must meet and confer before trial and provide the court a side-by-side comparison showing differences, reasons for differences, and agreements on the issues covered by their reports.
Court's wording
Experts must meet and confer prior to the trial. They must prepare a side-by-side comparison that must be provided to the court showing the differences and the reasons for the differences and any agreements on the same issues for which they have submitted a report to the court for the trial (i.e. income available for support, business valuation).
Trial briefs must be exchanged per California Rule of Court 5.394 unless the court orders otherwise, and must use form D-241.
Court's wording
They are to be exchanged by the parties according to Rule 5.394 of the California Rules of Court unless specifically ordered otherwise by the court. The trial brief form (D-241) can be located on the court’s website.
If iPads are utilized, one set of hard copy exhibits shall be provided by all parties, to be marked by the clerk and/or used in the event of equipment failure.
Any text messages or social media posts must be identified by date and time on the exhibit.
If an interpreter is needed for a party or witness, please complete and file the Interpreter Request/Cancellation Form (SDSC ADM-348) as soon as possible.
The Court strongly encourages the parties to agree on the admissibility of exhibits, if possible, and the parties are ordered to meet and confer regarding the same. If parties stipulate to exhibits, note the stipulated exhibits on the cover sheet in the binder.
Exhibits must be moved into evidence as presented and are deemed authenticated absent a genuine dispute.
Court's wording
Move exhibits into evidence as you present them at trial. Exhibits are deemed authenticated unless there is a genuine dispute. You need not ask a witness to authenticate a document unless the opposing party objects.
Please be sure to include a means of return for all exhibits.
Please meet and confer in advance as to the admissibility of evidence.
Filing & Service rules
Electronic Filing Rules
All trial-related documents must be filed directly in Department 704; e-filing of trial documents is prohibited.
All pleadings, lodgments, trial briefs, witness lists, exhibit lists and any other written material must be directly filed in Department 704. Do not e-file trial documents.
Civil cases
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Department 704 does not accept documents via email; do not request permission to email documents.
Department 704 will not accept any documents via email to the courtroom clerk. Do not ask the courtroom clerk directly for permission to email any documents.
Civil cases
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Filing Timing and Cure Windows
Evidentiary hearing briefs, exhibits, exhibit lists, and witness lists are due by close of business at least five court days before the scheduled trial/evidentiary hearing.
Evidentiary hearing briefs, exhibits, exhibit lists and witness lists are due by close of business no later than a minimum of five court days in advance of the scheduled trial/evidentiary hearing date.
Civil cases
Page 3 | Trial/Evidentiary Hearings
Opposition to in limine motions must be filed and served no later than two court days before trial.
Opposition to in limine motions must be filed and served no later than two court days before the start of the trial.
Civil cases
Page 7 | In Limine Motions
In limine motions must be filed and served per the TSC/TRC schedule, or if none, no later than five court days before trial or the evidentiary hearing, unless the court orders otherwise.
All in limine motions must be filed, served and responded to on the schedule set at the Trial Scheduling conference (TSC) or TRC, or if no such schedule was provided, then the motions must filed and served no later than five court days before the start of the trial or the evidentiary hearing, unless the court orders otherwise.
Civil cases
Page 7 | In Limine Motions
Please keep in mind, the Interpreter Request form should be filed at least 3-4 weeks in advance of the hearing/trial or it’s possible an interpreter will not be available.
Please keep in mind, the Interpreter Request form should be filed at least 3-4 weeks in advance of the hearing/trial or it’s possible an interpreter will not be available.
Civil cases
Page 11 | Court Interpreters:
Service and Proof of Service Rules
Each party must provide one set of exhibit binders to opposing counsel and have binders available to witnesses, with advance delivery of all exhibits to remote MS Teams witnesses.
Each party must also provide one set of exhibit binders to the other party/counsel and must have binders available to any witnesses at court or at their locations (including those who will be appearing on MS Teams only – they must receive all exhibits in advance of the trial/hearing).
Civil cases
Page 5 | Exhibits
Courtesy Copy Requirements
Exhibit lists must be provided to the court in three copies (for the court, the court clerk, and the court reporter if one is obtained).
Exhibit lists are to be provided to the court. Three (3) copies are to be provided – for the court, the court clerk, and the court reporter (if one is obtained by the parties).
Civil cases
Page 5 | Exhibits
Each party must submit two sets of exhibit binders to the court (an original and one copy for the court and clerk).
Each party must submit to the court two sets of any 3-ring binders containing your exhibits: an original and one copy for the court and the clerk.
Civil cases
Page 5 | Exhibits
Filing Bundling Requirements
Exhibits exceeding 50 pages must be compiled in 3-ring binders, and multiple binders must identify their contents on the front and spine.
Exhibit binders: If there are more than 50 pages of exhibits, they must be compiled in 3-ring binders. If you are submitting more than one binder, identify on the front and spine of the binder the exhibits contained therein.
Civil cases
Page 5 | Exhibits
Trial briefs should be separated from binders and/or boxes when delivered to Department 704 otherwise there is a high likelihood they will not be filed and/or reviewed by the Court prior to the start of the Trial/Evidentiary hearing.
Trial briefs should be separated from binders and/or boxes when delivered to Department 704 otherwise there is a high likelihood they will not be filed and/or reviewed by the Court prior to the start of the Trial/Evidentiary hearing.
Civil cases
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Chambers Communication Rules
Call 619-844-2074 to schedule an appointment with the department clerk before delivering documents.
Before making the delivery, please call 619-844-2074 to make an appointment with the department clerk for delivery.
Civil cases
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