San Diego Superior Court Pre-Motion Conference Requirements

CRITICALCivil cases

The demurring party must meet and confer with the opposition to resolve objections and comply with CCP 430.41.

Demurring party shall meet and confer with opposition to resolve objections, and the demurrer must comply with CCP 430.41

CRITICALCivil cases

Parties must formally meet and confer before reserving an ex parte date; failure may result in the hearing being taken off calendar.

Parties failing to formally meet and confer prior to reserving an ex parte date may result in the hearing being taken off calendar.

CRITICALCivil cases

Parties must meet and confer by phone or video before filing a discovery motion.

Parties must meet and confer by phone or video prior to filing a discovery motion.

CRITICALCivil cases

Before reserving an IDC, parties must actually meet and confer to discuss the dispute (an email/letter is insufficient) and make a good faith effort to resolve the dispute. In advance of the IDC, each party should submit a concise statement, no more than three (3) pages in length, stating the party's position regarding the dispute.

Before reserving an IDC, parties must actually meet and confer to discuss the dispute (an email/letter is insufficient) and make a good faith effort to resolve the dispute. In advance of the IDC, each party should submit a concise statement, no more than three (3) pages in length, stating the party's position regarding the dispute.

CRITICAL

Parties must meet and confer before requesting an informal discovery conference.

Parties must meet and confer before requesting an IDC.

CRITICALCivil cases

Counsel must meet and confer before filing a demurrer.

Counsel must meet and confer prior to filing demurrers (see CCP 430.41).

CRITICALCivil cases

Parties must meet and confer before filing demurrers, motions to strike, and discovery motions.

The parties are hereby ordered to meet and confer before filing demurrers, motions to strike, and discovery motions.

CRITICALCivil cases

Meet and confer with the responding party before filing a discovery motion to compel.

Before filing a discovery motion to compel further responses, meet and confer with the responding party to attempt to resolve any dispute.

CRITICAL

If a party has filed three or more discovery motions, the Court will not hear them until an Informal Discovery Conference is held.

if a party has filed three or more discovery motions, the Court will not hear the motions prior to an IDC being held.

CRITICALCivil cases

Counsel must meet and confer before filing a demurrer.

Counsel must meet and confer prior to filing demurrers (see CCP 430.41).

CRITICALCivil cases

Parties must meaningfully meet and confer before setting an ex parte hearing; a mere email is insufficient.

Meaningful meet and confer required before setting an Ex parte hearing. Sending an email to opposing counsel stating that the matter has been set for a hearing is not considered meaningful.

CRITICALCivil cases

Parties must actually discuss a discovery dispute before reserving an informal discovery conference; an email or letter is insufficient.

Before reserving an informal discovery conference, parties must actually discuss the dispute with each other (an email/letter is insufficient).

WARNINGCivil cases

The Court expects all parties and counsel to fully comply with California Rule of Court section 5.98 (related to Mandatory meet and confer requirements and document exchange) in advance of the hearing date.

The Court expects all parties and counsel to fully comply with California Rule of Court section 5.98 (related to Mandatory meet and confer requirements and document exchange) in advance of the hearing date.

WARNINGCivil cases

Meaningful meet and confer required before filing any in limine motion.

A meaningful meet and confer process is required before filing any in limine motion.

WARNINGCivil cases

Meaningful meet and confer required before setting ex parte hearing; a declaration of the dispute must be filed.

A meaningful meet and confer is required before setting an ex parte hearing. Sending an email to opposing counsel stating that the matter has been set for a hearing is not considered meaningful. A short declaration stating the issues in dispute along with attached copies of what has been requested and any responses given must be filed.

WARNINGCivil cases

Counsel must meet and confer before filing a demurrer, per CCP 430.41.

Counsel must meet and confer prior to filing demurrers (see CCP 430.41).

WARNINGCivil cases

Emailing or notifying the other party of the ex parte hearing does not constitute meeting and conferring.

Emails or notifying the other party of the ex parte hearing does not constitute meeting and conferring.

WARNINGCivil cases

Counsel must meet and confer before any ex parte hearing to pare down disputed issues.

the court requires that counsel meet and confer prior to any such ex parte hearing so that the disputed issues have been pared down as much as possible by the parties before presentation to the court.

WARNINGCivil cases

Proposed default judgments claiming punitive or non-economic damages usually require a hearing.

Proposed default judgments claiming punitive damages and/or non-economic damages will usually require a hearing.

WARNINGCivil cases

Parties may be ordered to attend an IDC to discuss a discovery dispute that is the subject of a pending motion to compel.

On occasion, the parties may be ordered to attend an IDC to discuss a discovery dispute that is the subject of a pending motion to compel.

WARNINGCivil cases

After three or more discovery motions, an Informal Discovery Conference (IDC) is required before the motion is heard; must contact Calendaring Clerk to schedule.

The Court does not require that an Informal Discovery Conference (IDC) be held prior to counsel reserving a discovery motion date. However, if a party has filed three or more discovery motions the Court will no longer hear such motions prior to an IDC being held. You must contact the Calendaring Clerk to schedule an IDC to be heard in advance of the motion date.

WARNINGCivil cases

Before trial, parties must share exhibits with opposing parties, identify witnesses, and estimate trial time.

Before trial, show your exhibits to the opposing parties, identify your witnesses, and estimate how much time your case will take.

WARNINGCivil cases

Parties must meet and confer before trial to attempt settlement.

Before trial, the Court requires the parties to talk by phone or in-person to see if they can reach an agreement to settle the case out of court.

WARNINGCivil cases

A meaningful meet and confer process is required before filing any in limine motion.

A meaningful meet and confer process is required before filing any in limine motion.

INFOCivil cases

Participation in an Informal Discovery Conference before filing discovery motions is encouraged but not required.

Participation in an Informal Discovery Conference (IDC) is not required but is highly encouraged.

INFOCivil cases

Guardian ad litem petitions, publication of summons applications, and default prove-up packages may be filed ex parte without a court appearance.

Petitions for appointment of a guardian ad litem, applications for an order for publication of summons, and submissions of a default prove-up package may be filed ex parte without the necessity of a court appearance.

INFOCivil cases

Parties are encouraged to appear for an informal discovery conference (IDC) before filing a motion to compel.

Parties are encouraged to appear during ex parte hours for an informal discovery conference (IDC) before filing a motion to compel.

INFO

Parties are strongly encouraged to request an informal discovery conference before filing a discovery motion.

Parties contemplating the filing of a discovery motion are strongly encouraged to request an IDC beforehand.

INFOCivil cases

The Court encourages parties in discovery disputes to schedule an IDC to try to resolve the dispute without a formal noticed motion.

Department 73 no longer has a dedicated motion date for Discovery disputes, and therefore encourages the parties engaged in Discovery disputes to schedule an IDC to help resolve disputes without the need for a formal noticed motion.