Judge Pamela M. Parker
Individual Rules, Standing Orders & Policies
- Rules last changed:
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Document Format Requirements6 rules
Each exhibit must be labeled on the first page with the proper exhibit number (e.g., Exhibit 1, Exhibit 305 etc.). If an exhibit contains multiple pages, and they are not already Bates-stamped, give each page an identifying number. For instance, if Exhibit 5 is a four-page document, the pages should be marked "5-1," "5-2," "5-3," and, the last page, "5-4." The exhibit number is to be placed in the II lower righthand corner. If uploaded to the portal, each exhibit must appear separately on the portal.
- Exhibits
Formatting
- •Exhibit number placed in lower right-hand corner
Hardcopy exhibits over 50 pages must be compiled in 3-ring binders (unless IPads are used), with spine/front identifying contents and exhibits separated by tabs labeled with exhibit numbers.
- Exhibits
- More than 50 pages
- Binding
- Three-ring binder
Court's wording
If exhibits are provided in hardcopy form, and they consist of more than 50 pages of exhibits, they must be compiled in 3-ring binders, unless IPads are being utilized (see below) . If you are submitting more than one binder, identify on the spine and the front of the binder the exhibits contained therein. The exhibits must be separated with tabs labeled with that exhibit's number, for ease of use and reference.
Whether uploaded via the portal, or provided in hardcopy or on an IPad, all exhibits, should be pre-marked and tabbed as Court's exhibits: Petitioner 1- 300; Respondent 301- 600 (Respondent's first exhibit will be number 301); Third Party or Minor's Counsel 601-900.
The Court cannot present electronically stored evidence with its own equipment; parties must provide their own laptop or other equipment to present such evidence.
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 present that evidence during the trial.
Exhibit binders must not exceed 1 ½ inches thick; thicker binders may be returned to the party for reorganization.
Court's wording
No exhibit binder should be more than 1 ½ inches thick. Thicker binders are unwieldy, heavy, difficult to handle, and prone to breaking apart. Binders that exceed this limit may be returned to the party for reorganization.
If the Court has granted an exemption from the Electronic Exhibit Portal rule, or if the number of exhibits exceed the portal's capacity, then the Court strongly encourages all parties and counsel t utilize IPads for the presentation of documentary evidence during the proceeding, if resources allow. If IPads are to be used, one device must be provided for each of the following: the Court; each party, whether represented or unrepresented by counsel; and a participating Third Party or Minor's Counsel, if applicable. A device must also be provided for use by witnesses at the witness stand in Court, and any remote witnesses must have such a device or binders with all the exhibits needed for their testimony. Each party's exhibits must be downloaded on each IPad in an organized, easy-to-access manner. The parties shall meet and confer sufficiently in advance of th trial or evidentiary hearing to determine if using IPads is feasible, who shall provide them, and how the downloading of exhibits shall be accomplished . However, even if IPads are utilized, the parties must in all events provide one set of hardcopy exhibit binders to the clerk of Dept. 904.
Document Filing Requirements13 rules
The parties must comply with the requirements of Local Rule 5.8.3 and provide a joint statement before each TRC, unless excused by the Court.
Each party must provide a complete hardcopy set of their exhibits no later than two (2) court days before the first day of the trial/evidentiary hearing.
Trial brief, exhibit list, and witness list must be delivered to the Department no later than seven court days before the trial or evidentiary hearing.
Court's wording
Unless the Court states otherwise at the TRC, a trial/evidentiary hearing brief, exhibit list, and witness list are requi red and must be delivered directly to this Department no later than seven court days (not calendar days) in advance of the trial/evidentiary hearing.
The clerk must receive one complete set of each party's exhibits, and witnesses must have a complete set (hardcopy or IPad); remote witnesses must be provided relevant exhibits in advance.
Court's wording
The clerk must in all cases be provided one complete set of each party's exhibits. Each party is also required to ensure that the witnesses have a complete set of exhibits to use, either in hardcopy, or on an IPad. If a witness is appearing remotely, that witness must previously have been provided with a set of all exhibits relevant to their testimony.
Your binder must include a cover page listing all exhibits with a column in which the Court can mark whether it was admitted or not, and on what date.
- Document
- Exhibits
Must include
- •Exhibit list
each party must ensure there is a sufficient number of copies of all impeachment and rebuttal documents used at trial, for use by the Court, the witness, and the other parties.
Advise the Court at the TRC if interpreters will be needed. The parties are responsible for requesting interpreters via Form SDSC ADM-348 well in advance, and this will be confirmed at the TRC.
All Income and Expense Declarations, if relevant to the proceedings, must be submitted with the briefs.
If you will be appearing on MS Teams and/or wish to present your evidence electronically, you will need to request at the appropriate time that the Court make you a presenter so that you can
Parties must comply with CRC rule 2.1040(b) if they plan to offer any electronic sound or sound and video recording as evidence at trial. Failure to do so could result in the exclusion of said evidence.
Parties appearing remotely must have copies of all exhibits in advance of the hearing; testing equipment in advance is strongly encouraged.
Court's wording
remotely) have copies of all such exhibits in advance of the hearing. It is strongly encouraged that the parties test out their equipment in advance of the proceeding to ensure everything is functioning properly and no time is wasted during the proceeding trying to troubleshoot an electronic evidence presentation.
Parties are ordered to meet and confer on exhibit admissibility; stipulated exhibits must be noted on the cover sheet or exhibit lists, and the Court will not receive stipulated exhibits en masse.
Court's wording
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 on the cover sheet in the binders or on the exhibit lists which exhibits those are . The Court will not receive stipulated exhibits into evidence en masse, but prior stipulations to the admissibility of exhibits will create greater efficiency and save time during the proceeding.
Be sure to include a means of return for all exhibits and lodgments.
Filing & Service rules
Electronic Filing Rules
All parties must upload trial and evidentiary hearing exhibits to the Electronic Exhibit Portal per Local Rule 5.8.4 unless exempted by court order.
Unless exempted by order of the Court, all parties, whether self-represented or represented by an attorney, must comply with San Diego Court Local Rule 5.8.4 regarding uploading all trial/evidentiary hearing exhibits to the new Electronic Exhibit Portal.
Page 2 | Exhibits
All pleadings, lodgments, and hardcopies of exhibits must be filed directly in Department 904; trial documents must not be e-filed, except exhibits which must be uploaded on the proper portal before trial.
All pleadings, lodgments, and any required hardcopies of exhibits must be directly filed and/or lodged in Department 904. DO NOTE-FILE TRIAL DOCUMENTS (except, as noted, exhibits must generally be uploaded on the proper portal before trial).
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Requests for exemption from the electronic exhibit uploading requirements must comply with Local Rule 5.8.4(C).
Requests for exemption from the electronic uploading requirements must comply with Local Rule 5.8.4 (C).
Page 2 | Exhibits
Filing Timing and Cure Windows
All exhibits must be uploaded no later than five {5) days in advance of the commencement of the proceeding.
All exhibits must be uploaded no later than five {5) days in advance of the commencement of the proceeding.
Page 2 | Exhibits
Exhibit binders must be provided by the morning of the first day of trial or evidentiary hearing unless the Court orders otherwise at a TRC.
Exhibit binders must be provided by no later than the morning of the first day of the trial or evidentiary hearing, unless the Court orders otherwise at a TRC.
Page 3 | Exhibits
In limine motions must be filed and served per the Trial Scheduling Conference schedule, or no later than two court days before trial if no schedule was set; written or oral responses may be given on the first day of trial.
All in limine motions must be filed, served, and responded to on the schedule set at the Trial Scheduling Conference, or if no such schedule was provided, then the motions must be served an filed no later than two court days before the start of the trial or evidentiary hearing. Written or oral responses can be provided on the first day of the trial or evidentiary hearing.
Page 5 | In Limine Motions
All required briefs, other pleadings, and lodgments must be provided to the Court by the ordered deadline, as the Court may prepare up to one week in advance of trial.
The Court may prepare up to one week in advance of a trial or evidentiary hearing. It is essential that all required briefs, other pleadings, and lodgments be provided to the Court by the ordered deadline.
Page 6 | The Court's Trial Preparation
If Department 904 is closed, documents may be filed in the Business Office, which should promptly direct them to Department 904.
If the Department is closed, the documents may be filed in the Business Office, but the person submitting those papers should request the Business Office clerk to direct the papers promptly to this Department.
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Service and Proof of Service Rules
Each party must serve all exhibits on every other party, either electronically or in hardcopy, at least five days before the trial or evidentiary hearing.
The use of the portal is not a substitute for service. Each party is still responsible for serving all their exhibits on every other party, either electronically (if agreed to) or in hardcopy, at least five (5) days before the commencement of the trial/evidentiary hearing.
Page 2 | Exhibits
Each party is responsible for properly and timely serving non-party witnesses with subpoenas; the Court will not do so.
Each party is responsible for ensuring that their non-party witnesses (who are not voluntarily appearing) are properly and timely served with subpoenas, according to law and the Court's rules. The Court does not do this itself.
Page 5 | Witness Testimony
Adjournment & Extension Requirements
The Court will not continue a hearing solely because a witness failed to appear due to the party's untimely or improper service of a subpoena, absent extremely good cause.
Absent extremely good cause, the Court will not continue a hearing solely on the ground that a witness has not appeared because the party did not timely or properly serve that witness with a subpoena.
Page 5 | Witness Testimony
Chambers Communication Rules
Call 619-844-2094 before delivering documents to ensure the clerk is available to receive them.
Before making the delivery, please call 619-844-2094 to ensure that the clerk will be available to receive the documents.
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