Judge David A. Silberman
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All Motions
- 1 copy
Brief, Reply Brief
Chambers Copy, Motion, Pretrial Order, Trial Document
- Hand Delivery
Courtesy copies
- Not required
Adjournments
- Continuances of hearing and trial dates require prior Court approval, may not be stipulated without approval, and require any approved written stipulation before the hearing or trial date.
- The moving party must provide notice of any hearing continuance.
- Moving-party counsel must notify Department 11 as soon as possible by both telephone and email when a matter will be taken off calendar or continued.
- +1 more
Request must include
Communication
Chambers, Clerk
Chambers, Clerk
Phone
Chambers
Phone
Clerk
Clerk
Page & Word Limits9 rules
Each opposition is also limited to five (5) pages unless otherwise permitted by the Court.
- Opposition
- Up to 5 pages
Each motion in limine should address a single, separate topic and shall be limited to five (5) pages in length unless otherwise permitted by the Court.
- Motion in limine
- Up to 5 pages
- Motion
Each party’s explanation following a disputed jury instruction is limited to one page.
- Disputed instruction explanation
- Up to 1 page per party
Court's wording
Following each disputed instruction, each party shall explain, in no more than one page, why the Court should give that party’s proposed instruction or why the instruction should or should not be given.
For these informal conferences, briefs on court pleading paper not to exceed three (3) pages – which must be served – may be submitted by email to the Court at dept11@sanmateocourt.org and complexcivil@sanmateocourt.org.
- Informal conference brief
- Up to 3 pages
Each side must serve and email the Court a short IDC brief of no more than five pages at least three court days before the conference.
- Page limit
- Up to 5 pages
Court's wording
23. For the IDC, each side must serve and email to the Court at both dept11@sanmateocourt.org and complexcivil@sanmateocourt.org a short brief limited to no more than five (5) pages, at least three (3) court days before the IDC.
Each motion in limine should address a single, separate topic and shall be limited to five (5) pages in length unless otherwise permitted by the Court.
- Motion in limine
- Up to 5 pages
- Motion
Each opposition is also limited to five (5) pages unless otherwise permitted by the Court.
- Opposition
- Up to 5 pages
If the parties are unable to informally resolve the dispute, then each party shall submit its disputed exhibit with the Joint Pretrial Conference Statement and explain, in no more than one double-spaced page, why the Court should use its proposed exhibit.
- Exhibit dispute explanation
- Up to 1 page per party
- Format
- Double-spaced
Unless the case is very complex, this statement should not exceed one-page double spaced.
- Page limit
- Up to 1 page
- Format
- Double-spaced
Document Format Requirements24 rules
Each party must also submit a hard copy and a Word version of all proposed orders.
- Proposed order
Formatting
- •Hard copy
- •Word version
The joint witness list must be in tabular form and contain the following: a. Name of the witness; b. Title of the witness, if any; c. Brief description of the subject matter of the witness’ anticipated testimony; and d. Estimated length of the direct examination, cross-examination, and any redirect, and cross-redirect.
- Joint witness list
Formatting
- •Tabular form
- •Name of each witness
- •Title of each witness, if any
- •Brief description of the subject matter of each witness's anticipated testimony
Any changes to the proposed verdict form(s) ordered by the Court must be made by the parties and submitted to the Court in Word format by the deadline set at the Pretrial Conference or by any other deadline set by the Court.
- Proposed verdict form
Formatting
- •Word format
Each trial exhibit must be clearly pre-marked with the trial exhibit number. The back of the last page of each trial exhibit must include the completed Court exhibit tag.
- Exhibits
Formatting
- •Clearly pre-mark each trial exhibit with its trial exhibit number
The parties must jointly submit one binder with a joint pleading that has the designations, objections and responses followed by tabs for each witness with the designation highlighted in yellow and any objections bracketed in red.
- Binding
- Securely bound
- Deposition binder
Formatting
- •One joint binder
- •Tabs for each witness
- •Designations highlighted in yellow
- •Objections bracketed in red
Each party must provide the Court with at least three (3) complete sets of hard copy exhibits in tabbed BINDERS NO MORE THAN 2½ INCHES WIDE that the party intends to introduce at trial and one (1) complete set of exhibits on a thumb drive at least fourteen (14) days before the Trial Date.
- Binding
- Tabbed binder
- Exhibits
Exhibits shall be numbered. NO letters may be used. Neither party shall use letters — 2 e.g., the exhibits must be numbered 1, 2, 3, NOT 1(a), 1(b), 1(c).
- Exhibits
Formatting
- •Letters may not be used in exhibit numbers
The tag must be attached to the back of the last page of each exhibit
Only the first page of each exhibit attached to an electronically filed document must be electronically bookmarked.
Court's wording
Please note that any exhibits to electronically filed briefs, declarations, or other documents must be electronically “bookmarked” as required by Cal. Rules of Court, rule 3.1110(f)(4). ALL PARTIES ARE REMINDED TO BOOKMARK ONLY THE FIRST PAGE OF EACH EXHIBIT AND NOT TO BOOKMARK EVERY PAGE OF EACH FILED DOCUMENT.
The documents (other than exhibits) must be text searchable.
All e-mails must be sent in at least 12-point type and copied to all parties or their counsel of record.
- Font size
- At least 12 points
The binder must be delivered within two court days of filing directly to Department 11 by hand or overnight mail to Courtroom G, 800 No. Humboldt St., San Mateo, California 94401. All exhibits must be separated by exhibit tabs.
- Motion
- Related papers
Formatting
- •Binder stamped “Judge’s Copy”
- •All exhibits separated by exhibit tabs
The editable proposed-order submission must use Word format and must not use PDF.
- File type
- Word
- Proposed order
Formatting
- •The submitted editable proposed order must not be a PDF
Court's wording
You must also email an editable version of the Proposed Order in Word format (not PDF) to dept11@sanmateocourt.org and complexcivil@sanmateocourt.org so that the judge can modify it prior to signing, if needed.
Each trial exhibit must be clearly pre-marked with the trial exhibit number.
Exhibits shall be numbered sequentially. NO letters may be used. Neither party shall use letters — e.g., the exhibits must be numbered 1, 2, 3, NOT 1(a), 1(b), 1(c).
- Exhibits
Formatting
- •Letters may not be used in exhibit numbers
at least three (3) complete sets of hard copy exhibits in tabbed BINDERS NO MORE THAN 2½ INCHES WIDE
- Binding
- Tabbed binder
- Exhibits
Formatting
- •Binders may be no more than 2.5 inches wide
The tag must be attached to the back of the last page of each exhibit
To avoid any party claiming “ownership” of an exhibit, all exhibits shall be marked and referred to as “Trial Exhibit No. ___” – and NOT as “Plaintiff’s Exhibit” or “Defendant’s Exhibit.”
- Exhibits
Formatting
- •Mark and refer to each exhibit as “Trial Exhibit No. ”
- •Do not use “Plaintiff’s Exhibit” or “Defendant’s Exhibit.”
An appendix of non-California authorities ordinarily is not required, but cited authorities not reported in an official reporter must use a Westlaw-accessible citation or be emailed to both stated Department 11 addresses.
Court's wording
Pursuant to Cal. Rule of Court, rule 3.113(i), Department 11 does not require an appendix of non-California authorities in connection with any memoranda submitted in connection with any motion unless otherwise ordered by the Court with the following exception: Because the Court only has access to non-California authorities via WESTLAW – and NOT via LEXIS – any authorities that are not reported in an official reporter and that are cited must either be: (1) cited using the WESTLAW citation or a citation accessible through WESTLAW; or (2) provided to Department 11 by email at dept11@sanmatecourt.org and complexcivil@sanmatecourt.org.
Documents 5 pages or less may be submitted in hardcopy or via email to Dept11@sanmateocourt.org.
- Up to 5 pages
The motions-in-limine binders must be tabbed, numerically ordered, and organized by motion and opposition, while declarations, judicial-notice requests, and exhibits must appear in a separate tabbed binder submitted with the Joint Pretrial Conference Statement.
- Binding
- Tabbed binder
- Motion
- Opposition
- Declaration
- Exhibits
Court's wording
Each party must submit a tabbed binder with its motions in limine in numerical order with the opposition immediately behind the motion within the same tab. Any declarations or requests for judicial notice submitted by the parties in support of or in opposition to the motions in limine along with any attached exhibits must be submitted in a separate tabbed binder. The binders must be submitted to the Court with the Joint Pretrial Conference Statement.
Each party must also submit a hard copy and a Word version of all proposed orders.
- File type
- Word
- Proposed order
Formatting
- •A hard copy of every proposed order must also be submitted
The joint deposition binder must use witness-specific tabs, yellow highlighting for designations, and red brackets for objections.
- Binding
- Tabbed binder
- Deposition designations
- Objections
- Responses
Formatting
- •Include a tab for each witness after the designations, objections, and responses
- •Highlight each designation in yellow
- •Bracket each objection in red.
Court's wording
The parties must jointly submit one binder with a joint pleading that has the designations, objections and responses followed by tabs for each witness with the designation highlighted in yellow and any objections bracketed in red.
The proposed order should be provided in Word format if possible.
Document Filing Requirements70 rules
The court binder must contain the proposed jury instructions, verdict forms, voir dire materials, statement of the case, witness and exhibit lists, motions in limine materials, and deposition designations and objections.
- Document
- Joint pretrial conference statement
Must include
- •Exhibit list
Court's wording
Parties must file joint pretrial conference statement, and provide to the Court one (1) set of BINDERS NO MORE THAN 2½ INCHES WIDE – with the following: 1. Proposed jury instructions; 2. Proposed verdict form(s); 3. Proposed voir dire and juror questionnaire (if any); 4. Proposed statement of the case; 5. Witness lists; 6. Exhibit lists, including any disputed exhibits; 7. Motions in limine, oppositions, and supporting declarations or requests for judicial notice; and 8. Deposition designations and objections
Each motion in limine should address a single, separate topic and shall be limited to five (5) pages in length unless otherwise permitted by the Court.
Each party may file one declaration and/or one request for judicial notice in support of all motions in limine.
Court's wording
Each party shall file only one (1) declaration and/or one (1) request for judicial notice to support all motions in limine, and one (1) declaration and/or one (1) request for judicial notice to support all oppositions to motions in limine.
Instructions upon which the parties agree shall be identified as “Stipulated Instruction No. ___ Re: _____________,” with blanks filled in as appropriate.
All proposed versions of the same instruction shall bear the same number.
Each proposed order must provide enough specificity that a witness will be able to understand what testimony is prohibited.
Any modifications made to a form instruction must be plainly identified.
The parties shall file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions, with the Joint Pretrial Conference Statement.
Each party must provide its version of a disputed jury instruction and label it using the prescribed disputed-instruction format.
Court's wording
If the parties disagree on an instruction, each party’s proposed version of the disputed instruction shall be provided and identified as “Disputed Instruction No. ___ Re: ________ Offered by __________,” with blanks filled in as appropriate.
The parties must include copies of the actual instructions and NOT merely a list of instruction numbers.
Each party must file a joint list of all the witnesses that the party intends to call at trial with the Joint Pretrial Conference Statement.
Any changes to the proposed jury instructions ordered by the Court must be made by the parties and submitted to the Court by the deadline set by the Court at the Pretrial Conference or by any other deadline set by the Court.
The parties must file a joint proposed statement of the case to be read to the jury during voir dire with the Joint Pretrial Conference Statement.
If the parties wish to use a jury questionnaire, the parties must file a joint proposed jury questionnaire or, if they disagree, separate proposed jury questionnaires with the Joint Pretrial Conference Statement.
The parties shall also include the names of attorneys and witnesses to be read to the jury.
The parties shall file either joint proposed verdict form(s) or, if they disagree, separate proposed verdict forms with the Joint Pretrial Conference Statement.
The trial exhibit list must begin with the plaintiff’s first exhibit number. Defendant’s exhibit numbers must be sequenced to begin after the plaintiff’s exhibit numbers. DO NOT identify the exhibits as plaintiff’s or defendant’s.
The parties shall also submit their deposition designations and objections with the Joint Pretrial Conference Statement. The parties must submit copies of the excerpts of the designated portions of the deposition transcripts, NOT a list of page and line numbers.
The joint exhibit list must be tabular and include the exhibit number, description and bates numbers, sponsoring witness, and blank dates for identification and admission.
Court's wording
The joint exhibit list must be in tabular form and contain the following: a. Exhibit number; b. Brief description of the exhibit (with any bates numbers if they exist); c. Sponsoring witness; d. Date marked for identification (left blank); and e. Date admitted into evidence (left blank).
The parties must file a joint exhibit list identifying all the exhibits that the party intends to introduce at trial with the Joint Pretrial Conference Statement.
The parties must provide courtesy copies of proposed jury instructions, verdict forms, any jury questionnaire, the proposed statement of the case, joint witness and exhibit lists, deposition designation binders, and motion-in-limine binders.
Court's wording
a. Proposed jury instructions; b. Proposed verdict form(s); c. Proposed jury questionnaire (if any); d. Proposed statement of the case; e. Joint witness list; f. Joint deposition designation binders (see paragraph 22(e), above); g. Joint exhibit list, including any disputed exhibits; and h. Binders containing the party’s motions in limine, any oppositions, and any supporting declarations or requests for judicial notice in support of or in opposition to the motions.
A settling party must file preliminary and/or final settlement approval papers, as applicable.
Court's wording
the settlement, e.g., in matters such as class actions, shareholder derivative actions, or PAGA cases, the parties must notify Department 11 of the settlement; file preliminary and/or final settlement approval papers, and email all settlement papers to dept11@sanmateocourt.org and complexcivil@sanmateocourt.org; and contact the Clerk of Department 11 to request a preliminary and/or final approval hearing, as appropriate.
Every email to Department 11 must include the department number, case name, case number, and a brief email description in its subject line.
- Document
Must include
- •Case number
Court's wording
All communications to Department 11 shall include in the header “subject line” the Department Number, Case Name, Case Number, and a brief description of the email (e.g., 11 “Dept. 11 — Smith v. Jones (CIV654321) – Smith’s Request to Set Motion Date”).
The moving party must arrange an in-person or videoconference meet-and-confer at least four court days before the hearing and submit a declaration of the conference and agreements at least three court days before the hearing.
- Document
- Pre-hearing declaration
Must include
- •Certificate of conference
Court's wording
Counsel for the moving party shall arrange the conference, which either must be in person or by videoconference, to meet and confer at least four (4) court days before the hearing and shall submit to the Court at least three (3) court days before the hearing a short declaration establishing that the meet and confer conference occurred and describing any agreements that counsel have reached.
Proposed Orders must be submitted electronically through the Clerk’s office with the information required by California Rule of Court, rule 3.1312.
Instead, the parties must (1) attach the discovery request(s) or deposition question(s) at issue and the written response(s), if any, to the declaration submitted in support of the discovery motion; and (2) submit a concise outline of the discovery request and each response in dispute pursuant to Code of Civil Procedure section 2030.300, subdivision (b)(2).
Unless the court orders otherwise, a plaintiff or cross-complainant filing an amended pleading must attach a redline comparison to any opposition to a successive demurrer or motion to strike.
Court's wording
When the Court sustains a demurrer or grants a motion to strike with leave to amend and an amended pleading is filed, the plaintiff or cross-complainant must file with its opposition to any successive demurrer or motion to strike a redline comparing the amended pleadings to the previous version of the pleading unless otherwise ordered by the Court.
The party preparing the written order must make a good faith effort to meet and confer with the other parties about the order before submitting it to the Court.
The applicant MUST provide a proposed order or the application will be denied.
Must include
- •Proposed order
The ex parte moving papers submitted for remote appearance must include a proposed order.
- Document
- Ex parte motion
Include
- •Proposed order
Court's wording
Except as ordered by the court under subdivision (d), applicants seeking an ex parte order may appear remotely provided that the moving papers, including a proposed order, have been served on all parties, and submitted in paper form to the assigned judge, and the fee paid to the clerk’s office, by at least 10:00 a.m. two court days before the ex parte appearance.
Judge Silberman will reject proposed orders that do not inform him of the opposing party's response to the proposed order.
Each party must file a joint list of all the witnesses that the party intends to call at trial with the Joint Pretrial Conference Statement.
The parties must file a joint exhibit list identifying all the exhibits that the party intends to introduce at trial with the Joint Pretrial Conference Statement.
- Document
- Joint exhibit list
Must include
- •Exhibit list
To avoid any party claiming “ownership” of an exhibit, all exhibits shall be marked and referred to as “Trial Exhibit No. ___” – and NOT as “Plaintiff’s Exhibit” or “Defendant’s Exhibit.”
- Document
- Exhibits
Must include
- •Trial Exhibit No
The back of the last page of each trial exhibit must include the completed Court exhibit tag.
If the parties are unable to informally resolve the dispute, then each party shall submit its disputed exhibit with the Joint Pretrial Conference Statement
The joint exhibit list must be in tabular form and contain the following: a. Exhibit number; b. Brief description of the exhibit (with any bates numbers if they exist); c. Sponsoring witness; d. Date marked for identification (left blank); and e. Date admitted into evidence (left blank).
Filing & Service rules
Electronic Filing Rules
Motions in limine and their oppositions must be electronically filed with the Clerk’s Office no later than 21 days before the Pretrial Conference.
Motions in limine and their oppositions must be e-filed with the Clerk’ Office no later than twenty-one (21) days before the Pretrial Conference.
Civil cases
Page 3 | MOTIONS IN LIMINE
The parties must electronically file a Joint Pretrial Conference Statement at least 14 days before the Pretrial Conference.
The parties shall e-file with the Court a Joint Pretrial Conference Statement at least fourteen (14) days before the Pretrial Conference that contains the following:
Civil cases
Page 9 | PRETRIAL CONFERENCE STATEMENT
A settling party must email all settlement papers to both designated Department 11 addresses.
the settlement, e.g., in matters such as class actions, shareholder derivative actions, or PAGA cases, the parties must notify Department 11 of the settlement; file preliminary and/or final settlement approval papers, and email all settlement papers to dept11@sanmateocourt.org and complexcivil@sanmateocourt.org; and contact the Clerk of Department 11 to request a preliminary and/or final approval hearing, as appropriate.
Civil cases
Page 3
Copies of all pleadings, motions, and briefs must be emailed to complexcivil@sanmateocourt.org, and that address must appear on the proof of service.
The parties must also email copies of all pleadings, motions, and briefs to complexcivil@sanmateocourt.org and include this email address on their proof of service.
Civil cases
Page 3 | FILINGS AND CORRESPONDENCE
All pleadings must be emailed to Department 11 at the stated address on the date they are filed.
The requirement to submit courtesy copies is separate from the requirement to email all pleadings to Department 11 at complexcivil@sanmateocourt.org on the date of filing.
Civil cases
Page 9
Documents may not be submitted to the court through any type of file-sharing service.
The Court cannot receive documents through any type of file sharing.
Civil cases
Page 9
An editable Word version of each proposed order, rather than a PDF, must also be emailed to both Department 11 addresses so the judge can modify it before signing.
You must also email an editable version of the Proposed Order in Word format (not PDF) to dept11@sanmateocourt.org and complexcivil@sanmateocourt.org so that the judge can modify it prior to signing, if needed.
Civil cases
Page 9
All ex parte filings must be electronically filed unless the filing party is unrepresented.
Local Rule 3.500 has been revised mandating that all ex parte filings be e-filed unless a party is not represented by counsel.
Page 1 | Communications to Department 11
Motions in limine and their oppositions must be electronically filed at least 21 days before the Pretrial Conference, and replies require leave of court.
Motions in limine and their oppositions must be e-filed with the Clerk’ Office no later than twenty-one (21) days before the Pretrial Conference. No replies will be permitted without leave of the Court.
Civil cases
Page 3 | MOTIONS IN LIMINE
The parties must electronically file a Joint Pretrial Conference Statement with the Court.
The parties shall e-file with the Court a Joint Pretrial Conference Statement
Civil cases
Page 7 | PRETRIAL CONFERENCE STATEMENT
A party ordered to prepare a written order should electronically file that order.
When Judge Silberman orders a party to prepare a written order, that party should e-file the order.
Page 1 | Communications to Department 11
Parties are encouraged to email their ex parte documents as an additional submission, but the required paper copies must still be provided.
Parties are encouraged to ALSO email their ex parte documents to the department hearing the ex parte, but paper copies are required as stated above.
Page 1 | Communications to Department 11
Filing Timing and Cure Windows
The parties must file a joint pretrial conference statement and provide the court with one set of binders containing the listed pretrial materials, with each binder no wider than 2½ inches.
Parties must file joint pretrial conference statement, and provide to the Court one (1) set of BINDERS NO MORE THAN 2½ INCHES WIDE – with the following:
Civil cases
Page 2 | INTRODUCTION
The pretrial conference must be held at least 14 days before the trial date.
Pretrial Conference will be held At least 14 days before the Trial Date
Civil cases
Page 2 | INTRODUCTION
The parties must meet and confer about the identified pretrial matters at least 35 days before the pretrial conference.
Meet and confer regarding pretrial conference – including motions in limine, proposed jury instructions, proposed juror questionnaire (if any), proposed verdict forms, proposed statement of the case, and witness and exhibit lists — At least 35 days before the Pretrial Conference
Civil cases
Page 2 | INTRODUCTION
Motions in limine and their oppositions must be filed and served at least 21 days before the pretrial conference.
File and serve motions in limine and At least 21 days before the Pretrial oppositions to motions in limine Conference
Civil cases
Page 2 | INTRODUCTION
The filing deadline for motions in limine and their oppositions is 21 days before the Pretrial Conference.
Motions in limine and their oppositions must be e-filed with the Clerk’ Office no later than twenty-one (21) days before the Pretrial Conference.
Civil cases
Page 3 | MOTIONS IN LIMINE
Court-ordered changes to proposed verdict forms must be submitted by the deadline set at the Pretrial Conference or by another Court-set deadline.
Any changes to the proposed verdict form(s) ordered by the Court must be made by the parties and submitted to the Court in Word format by the deadline set at the Pretrial Conference or by any other deadline set by the Court.
Civil cases
Page 5 | VERDICT FORM(S)
The parties must meet and confer about deposition objections at least five days before the binder is due.
The parties shall then meet-and-confer about any objections at least five days before the binder is due.
Civil cases
Page 6 | WITNESS LISTS
The designating party must provide opposing counsel with the designations and highlighted sections two weeks before the statement is due.
The designating party shall provide the opposing parties the designation(s) and highlighted sections two weeks before the statement is due.
Civil cases
Page 6 | WITNESS LISTS
The Joint Pretrial Conference Statement is due at least 14 days before the Pretrial Conference.
The parties shall e-file with the Court a Joint Pretrial Conference Statement at least fourteen (14) days before the Pretrial Conference that contains the following:
Civil cases
Page 9 | PRETRIAL CONFERENCE STATEMENT
Each party must notify the other parties by 4:00 p.m. on the prior business day of witnesses anticipated for presentation the next court day.
Once the trial begins, each party shall inform the other parties by 4:00 p.m. the prior business day of the identity of witnesses that the party anticipates presenting at trial the next court day, regardless of whether the witness will be presented live (including by remote technology), by video deposition, or through a deposition transcript.
Civil cases
Page 11 | TRIAL
Upon settlement, the parties must notify Department 11, file the applicable settlement approval papers, email all settlement papers to the designated addresses, and request the appropriate approval hearing.
the settlement, e.g., in matters such as class actions, shareholder derivative actions, or PAGA cases, the parties must notify Department 11 of the settlement; file preliminary and/or final settlement approval papers, and email all settlement papers to dept11@sanmateocourt.org and complexcivil@sanmateocourt.org; and contact the Clerk of Department 11 to request a preliminary and/or final approval hearing, as appropriate.
Civil cases
Page 3
At or before the initial case-management conference, the parties must provide the Clerk with an email service list and be prepared to state whether they agree to receive court email service.
At or before the initial Case Management Conference, the parties shall provide the Clerk with an email service list as required by this Order and shall be prepared to indicate whether they agree to email service from the Court.
Civil cases
Page 4 | CASE MANAGEMENT CONFERENCES
The parties must file a joint case management conference statement no later than six calendar days before each conference hearing.
the parties shall file a joint case management conference statement no later than six (6) calendar days before the hearing for each conference
Civil cases
Page 5 | CASE MANAGEMENT CONFERENCES
All papers necessary for an ex parte application must be submitted to Department 11 by noon on the court day before the hearing, preferably by email.
All papers necessary to the determination of the application, including any proposed pleading, motion, or order, must be submitted to Department 11, preferably by email (to dept11@sanmateocourt.org and complexcivil@sanmateocourt.org), by noon the court day before the scheduled ex parte hearing date.
Civil cases
Page 6 | EX PARTE APPLICATIONS
The courtesy-copy binder must be delivered within two court days after filing, either by hand or overnight mail to Department 11 at the specified courtroom address.
The binder must be delivered within two court days of filing directly to Department 11 by hand or overnight mail to Courtroom G, 800 No. Humboldt St., San Mateo, California 94401.
Civil cases
Page 8 | LAW AND MOTION
A party intending to contest the tentative ruling must notify all other parties and Department 11 by email at both stated addresses by 4:00 p.m. at least one court day before the hearing; otherwise, the ruling becomes the court’s order.
If any party intends to contest the tentative ruling at the hearing, that party must notify the other parties and Department 11 by email at both dept11@sanmateocourt.org and complexcivil@sanmateocourt.org by 4:00 p.m. at least one court day before the scheduled hearing. Otherwise, the tentative ruling will become the order of the Court.
Civil cases
Page 10
Unless the court orders otherwise, remote appearance for an ex parte order requires service of the moving papers and proposed order on all parties, paper submission to the assigned judge, and payment of the clerk's fee by 10:00 a.m. two court days before the appearance.
LR 3.500(e): Except as ordered by the court under subdivision (d), applicants seeking an ex parte order may appear remotely provided that the moving papers, including a proposed order, have been served on all parties, and submitted in paper form to the assigned judge, and the fee paid to the clerk’s office, by at least 10:00 a.m. two court days before the ex parte appearance.
Page 1 | Communications to Department 11
Self-represented parties not enrolled in e-filing who appear in person at the Northern Courthouse may pay ex-parte fees at Window 8 or by phone before the hearing, and must give their applications, supporting papers, and proof of payment to the assigned judge’s courtroom clerk within 15 minutes of the hearing time.
Self-represented parties who have not signed up for e-filing and who are appearing in person at the Northern Courthouse may pay their ex-parte fees at the Clerk's Office at the Northern Courthouse, Window 8, or by phone with a Credit or Debit card before the ex parte hearing, and must submit their ex parte applications, supporting papers, and proof of payment directly to the courtroom clerk for the Department of the assigned Civil Judge no later than 15 minutes from the time set for ex parte hearing.
Page 1 | Payment of Fees
Self-represented parties not signed up for e-filing who appear in person at the Central Courthouse may pay ex-parte fees by phone with a Credit or Debit card before the hearing, and must give the assigned Civil Judge’s courtroom clerk their applications, supporting papers, and proof of payment no later than 15 minutes from the hearing time.
Self-represented parties who have not signed up for e-filing and who are appearing in person at the Central Courthouse may pay their ex-parte fees by phone with a Credit or Debit card before the ex parte hearing, and must submit their ex parte applications, supporting papers, and proof of payment directly to the courtroom clerk for the Department of the assigned Civil Judge no later than 15 minutes from the time set for ex parte hearing.
Page 1 | Payment of Fees
A complex-case motion will be rejected if a hearing date was not first obtained from Department 11.
The clerk's office will reject the motion in complex cases if a hearing date has not been obtained first from Department 11.
Page 1 | Communications to Department 11
All briefing must be completed at least three weeks before the hearing.
All briefing must be completed at least three (3) weeks before the hearing date.
Page 1 | Communications to Department 11
The parties must file the joint pretrial conference statement at least 14 days before the Pretrial Conference.
Parties must file joint pretrial conference statement At least 14 days before the Pretrial Conference
Civil cases
Page 2 | INTRODUCTION
The Pretrial Conference must be held at least 14 days before the Trial Date.
Pretrial Conference will be held At least 14 days before the Trial Date
Civil cases
Page 2 | INTRODUCTION
Proposed motions in limine, proposed witness lists, and proposed exhibit lists must be served but not filed at least 42 days before the Pretrial Conference.
Serve (but not file): At least 42 days before the Pretrial Conference
Civil cases
Page 2 | INTRODUCTION
Motions in limine and oppositions to motions in limine must be filed and served at least 21 days before the Pretrial Conference.
File and serve motions in limine and At least 21 days before the Pretrial oppositions to motions in limine Conference
Civil cases
Page 2 | INTRODUCTION
Motions in limine and their oppositions are due for electronic filing no later than 21 days before the Pretrial Conference.
Motions in limine and their oppositions must be e-filed with the Clerk’ Office no later than twenty-one (21) days before the Pretrial Conference.
Civil cases
Page 3 | MOTIONS IN LIMINE
The Joint Pretrial Conference Statement must be filed at least 14 days before the Pretrial Conference.
The parties shall e-file with the Court a Joint Pretrial Conference Statement at least fourteen (14) days before the Pretrial Conference that contains the following:
Civil cases
Page 7 | PRETRIAL CONFERENCE STATEMENT
The court will post its tentative ruling or issue list by 1:30 p.m. at least one court day before the hearing.
The Court will post its tentative ruling or list of issues by 1:30 p.m. at least one court day before the scheduled hearing.
Civil cases
Page 10
The parties must meet and confer regarding motions in limine and witness and exhibit lists at least 35 days before the Pretrial Conference.
Meet and confer regarding pretrial At least 35 days before the Pretrial conference – including motions in limine, Conference
Civil cases
Page 2 | INTRODUCTION
Service and Proof of Service Rules
The listed pretrial submissions must be served but not filed at least 42 days before the pretrial conference.
Serve (but not file): 1. Proposed motions in limine; 2. Proposed jury instructions; 3. Proposed verdict form(s); 4. Proposed witness lists; and 5. Proposed exhibit lists — At least 42 days before the Pretrial Conference
Civil cases
Page 2 | INTRODUCTION
At least 42 days before the Pretrial Conference, each party must serve but not file its proposed motions in limine, jury instructions, verdict forms, witness list, and exhibit list on all other parties.
At least forty-two (42) days before the Pretrial Conference each party must serve on all other parties (but NOT file) its proposed motions in limine, proposed jury instructions, proposed verdict form(s), proposed witness list, and proposed exhibit list.
Civil cases
Page 8 | MEET AND CONFER
All parties and counsel must electronically serve and accept electronic service of all documents unless another method is required by statute or rule.
Except where another method of service is required by statute or rule, all parties and counsel shall serve and shall accept service of all documents electronically, in conformity with Code of Civil Procedure, section 1010.6 and the California Rules of Court.
Civil cases
Page 3 | FILINGS AND CORRESPONDENCE
Plaintiff's counsel is responsible for maintaining and updating the email service list and proof of service and for notifying the Department 11 Clerk of changes.
Plaintiff’s counsel is responsible for maintaining and updating the email service list and the Proof of Service and notifying the Clerk of Department 11 of any changes at
Civil cases
Page 4 | CASE MANAGEMENT CONFERENCES
An informal-conference brief must be served.
For these informal conferences, briefs on court pleading paper not to exceed three (3) pages – which must be served – may be submitted by email to the Court at dept11@sanmateocourt.org and complexcivil@sanmateocourt.org.
Civil cases
Page 4 | FILINGS AND CORRESPONDENCE
All discovery sought under the Code of Civil Procedure must be served electronically on counsel for the parties.
All discovery sought pursuant to the Code of Civil Procedure, including but not limited to notices of deposition, special interrogatories, form interrogatories, requests for production of documents, and requests for admission, must be served electronically upon counsel for the parties.
Civil cases
Page 6 | DISCOVERY
Discovery responses must be provided electronically unless the parties agree otherwise in writing.
All discovery responses by a party in response to discovery propounded by another party must be provided in electronic form, unless the parties agree otherwise in writing.
Civil cases
Page 6 | DISCOVERY
Notice of intent to appear remotely must be given to the court and to all persons entitled to notice of the ex parte proceeding.
Notice of intent to appear remotely must be given to the court and to all parties or persons entitled to receive notice of the proceedings.
Page 1 | Communications to Department 11
At least 42 days before the Pretrial Conference, each party must serve—but not file—its proposed motions in limine, witness list, and exhibit list on every other party.
At least forty-two (42) days before the Pretrial Conference each party must serve on all other parties (but NOT file) its proposed motions in limine, proposed witness list, and proposed exhibit list.
Civil cases
Page 6 | MEET AND CONFER
All parties must be copied on the email transmitting a requested Word version of a written order.
All parties must be copied on the email.
Page 1 | Communications to Department 11
Filing Fees and Waivers
Self-represented parties who have not signed up for e-filing and appear in person at the Central Courthouse may pay ex-parte fees by phone with a Credit or Debit card before the hearing and must submit their applications, supporting papers, and proof of payment to the assigned Civil Judge’s courtroom clerk no later than 15 minutes from the time set for the hearing.
Self-represented parties who have not signed up for e-filing and who are appearing in person at the Central Courthouse may pay their ex-parte fees by phone with a Credit or Debit card before the ex parte hearing, and must submit their ex parte applications, supporting papers, and proof of payment directly to the courtroom clerk for the Department of the assigned Civil Judge no later than 15 minutes from the time set for ex parte hearing.
Page 1 | Payment of Fees
Self-represented parties not enrolled in e-filing who appear in person at the Northern Courthouse may pay ex-parte fees at Window 8 or by phone before the hearing, and must give their application, supporting papers, and proof of payment to the assigned judge’s courtroom clerk no later than 15 minutes from the hearing time.
Self-represented parties who have not signed up for e-filing and who are appearing in person at the Northern Courthouse may pay their ex-parte fees at the Clerk's Office at the Northern Courthouse, Window 8, or by phone with a Credit or Debit card before the ex parte hearing, and must submit their ex parte applications, supporting papers, and proof of payment directly to the courtroom clerk for the Department of the assigned Civil Judge no later than 15 minutes from the time set for ex parte hearing.
Page 1 | Payment of Fees
A party filing ex parte papers electronically must pay the ex parte application fee when filing.
Parties who e-file their ex parte papers must pay their ex parte application fee at time of filing.
Page 1 | Payment of Fees
At Central Courthouse, a check payment may be submitted directly to the courtroom clerk at the time of the hearing.
Payments in the form of a check can be submitted directly to the Courtroom Clerk, at the time of the hearing.
Page 1 | Payment of Fees
At Northern Courthouse, a check payment may be submitted directly to the courtroom clerk at the time of the hearing.
Payments in the form of a check can be submitted directly to the Courtroom Clerk at the time of the hearing.
Page 1 | Payment of Fees
Courtesy Copy Requirements
The parties must provide courtesy copies of the listed pretrial submissions to the Court between 9:00 a.m. and 4:00 p.m. at the specified Central Courthouse location.
The parties shall include the following documents in accordance with this order with their Joint Pretrial Conference Statement and provide courtesy copies to the Court delivered between the hours of 9:00 a.m. and 4:00 p.m. to the Central Courthouse, Department 11, Courtroom G, 800 North Humboldt St., San Mateo, California 94401:
Civil cases
Page 9 | PRETRIAL CONFERENCE STATEMENT
For every motion, the moving party must provide the Court one complete set of courtesy copies of all motions and related papers filed by all parties in a binder stamped “Judge’s Copy.”
28. For all motions – the moving party shall provide the Court with one complete set of courtesy copies of all motions and related papers filed by all parties in a binder stamped “Judge’s Copy.”
Civil cases
Page 8 | LAW AND MOTION
A copy of every reply brief, unlawful detainer opposition, or motion for summary judgment must be emailed to lawandmotionreplybriefs@sanmateocourt.org.
In order to ensure your reply brief is received by the Court in a timely manner, you must email a copy of any reply brief, or any Unlawful Detainer Opposition or Motion for Summary Judgment to lawandmotionreplybriefs@sanmateocourt.org.
Page 1 | Department Info of Judge David A. Silberman
For complex matters, all briefs, including reply briefs, must be emailed to complexcivil@sanmateocourt.org in addition to any chambers courtesy-copy requirement.
Also, please note that this requirement is in addition to any separate requirement individual Judges have regarding the delivery of courtesy copies to their chambers, as well as the obligation to email all briefs, including reply briefs, to the complexcivil@sanmateocourt.org email address for complex matters.
Page 1 | Department Info of Judge David A. Silberman
A courtesy-copy document exceeding five pages must be delivered to the Court in hardcopy.
Any courtesy copy document more than five (5) pages must be sent to the Court in hardcopy.
Page 1 | Communications to Department 11
Courtesy copies are required for all Law and Motion filings, CMC statements, and trial-related filings.
The Court requires courtesy copies of all Law & Motion filings, CMC Statements, and trial-related filings (e.g. Motions in Limine, witness lists, exhibit lists, etc.).
Page 1 | Communications to Department 11
Courtesy copies, all motions, pretrial, and trial documents shall be delivered directly to Courtroom G in Central Court, 800 North Humboldt St., San Mateo, CA, 94401.
Courtesy copies, all motions, pretrial, and trial documents shall be delivered directly to Courtroom G in Central Court, 800 North Humboldt St., San Mateo, CA, 94401.
Page 1 | Communications to Department 11
Courtesy copies generally must be sent by messenger, mail, or overnight delivery unless Judge Silberman authorizes email delivery.
Unless Judge Silberman gives permission to send courtesy copies by email, all courtesy copies for all documents are to be sent via messenger, mail or overnight delivery to Department 11.
Page 1 | Communications to Department 11
Each party must provide the Court one complete set of intended trial exhibits on a thumb drive at least 14 days before trial.
and one (1) complete set of exhibits on a thumb drive at least fourteen (14) days before the Trial Date.
Civil cases
Page 6 | TRIAL EXHIBITS
Each party must provide the Court at least three (3) complete hard-copy exhibit sets in tabbed binders no more than 2½ inches wide.
Each party must provide the Court with at least three (3) complete sets of hard copy exhibits in tabbed BINDERS NO MORE THAN 2½ INCHES WIDE that the party intends to introduce at trial
Civil cases
Page 6 | TRIAL EXHIBITS
The parties must include a joint witness list, joint deposition-designation binders, a joint exhibit list including disputed exhibits, and binders of motions in limine and related filings with the statement, and provide courtesy copies to the court between 9:00 a.m. and 4:00 p.m.
The parties shall include the following documents in accordance with this order with their Joint Pretrial Conference Statement and provide courtesy copies to the Court delivered between the hours of 9:00 a.m. and 4:00 p.m. to the Central Courthouse, Department 11, Courtroom G, 800 North Humboldt St., San Mateo, California 94401: a. Joint witness list; b. Joint deposition designation binders (see paragraph 12(e), above); c. Joint exhibit list, including any disputed exhibits; and d. Binders containing the party’s motions in limine, any oppositions, and any supporting declarations or requests for judicial notice in support of or in opposition to the motions.
Civil cases
Page 7 | PRETRIAL CONFERENCE STATEMENT
The application or opposition, supporting papers, and proposed order should be emailed to Department 11 as soon as available or hand-delivered to the Central Courthouse.
The parties should email their application or opposition, and any supporting papers, and the proposed order AS SOON AS THEY ARE AVAILBLE to the Court at Dept11@sanmateocourt.org or hand deliver the documents to Department 11 at the Central Courthouse located at 800 North Humboldt St., San Mateo.
The courtesy-copy requirement is independent of the separate requirement to email all pleadings to Department 11 on the filing date.
The requirement to submit courtesy copies is separate from the requirement to email all pleadings to Department 11 at complexcivil@sanmateocourt.org on the date of filing.
Civil cases
Page 9
Judge Silberman does not require courtesy copies of case-management conference statements or non-motion-related pleadings and papers.
Judge Silberman does not need courtesy copies of Case Management Conference Statements or other pleadings or papers that do not relate to a motion.
Civil cases
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Courtesy copies are not required for initial pleadings such as complaints and answers.
The Court does not require courtesy copies of initial pleadings such as Complaints and Answers.
Page 1 | Communications to Department 11
Courtesy copies are not required for stipulations, proposed orders, or proposed orders after Law and Motion hearings because those documents must be electronically filed and routed for electronic signature.
Additionally, the Court does not require courtesy copies of Stipulations and Proposed Orders, or Proposed Orders after Law & Motion hearings, as those must be efiled and routed to the Court for electronic signature.
Page 1 | Communications to Department 11
Sealing & Redaction Procedures
A sealing motion or application must be decided before any motion relying on the materials, and after denial the moving party must either identify the materials for unsealed filing or refrain from relying on them.
Motions or applications to seal must be heard no later than any motion relying on the materials sought to be sealed. Upon denial of a motion or application to seal, the moving party must notify the Court that the materials are to be filed unsealed (Cal. Rules of Court, rule 2.551(b)) or refrain from relying on the materials, which will not be part of the record.
Civil cases
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Filing Bundling Requirements
At least three sets of trial exhibits must be delivered to the court in binders no wider than 2½ inches and on a thumb drive at least 14 days before trial.
Deliver to the Court at least three (3) sets of trial exhibits in BINDERS NO MORE THAN 2½ INCHES WIDE – and on a thumb drive — At least 14 days before the Trial Date
Civil cases
Page 2 | INTRODUCTION
Declarations, requests for judicial notice, and attached exhibits supporting or opposing motions in limine must be submitted in a separate tabbed binder.
Any declarations or requests for judicial notice submitted by the parties in support of or in opposition to the motions in limine along with any attached exhibits must be submitted in a separate tabbed binder.
Civil cases
Page 3 | MOTIONS IN LIMINE
The required motions-in-limine binders must accompany the Joint Pretrial Conference Statement.
The binders must be submitted to the Court with the Joint Pretrial Conference Statement.
Civil cases
Page 3 | MOTIONS IN LIMINE
Each party must submit a tabbed binder containing its motions in limine in numerical order, with each opposition placed immediately behind its motion in the same tab.
Each party must submit a tabbed binder with its motions in limine in numerical order with the opposition immediately behind the motion within the same tab.
Civil cases
Page 3 | MOTIONS IN LIMINE
At least three sets of trial exhibits, in binders no more than 2½ inches wide and on a thumb drive, must be delivered to the court at least 14 days before trial.
Deliver to the Court at least three (3) sets of trial exhibits in BINDERS NO MORE THAN 2½ INCHES WIDE – and on a thumb drive At least 14 days before the Trial Date
Civil cases
Page 2 | INTRODUCTION
The parties must provide the court one set of binders no more than 2½ inches wide containing the specified pretrial materials.
Parties must file joint pretrial conference statement, and provide to the Court one (1) set of BINDERS NO MORE THAN 2½ INCHES WIDE – with the following:
Civil cases
Page 2 | INTRODUCTION
Each party must submit a tabbed binder containing its motions in limine in numerical order, with each opposition placed immediately behind its motion in the same tab.
Each party must submit a tabbed binder with its motions in limine in numerical order with the opposition immediately behind the motion within the same tab.
Civil cases
Page 3 | MOTIONS IN LIMINE
Declarations, requests for judicial notice, and attached exhibits must be placed in a separate tabbed binder submitted with the Joint Pretrial Conference Statement.
Any declarations or requests for judicial notice submitted by the parties in support of or in opposition to the motions in limine along with any attached exhibits must be submitted in a separate tabbed binder. The binders must be submitted to the Court with the Joint Pretrial Conference Statement.
Civil cases
Page 3 | MOTIONS IN LIMINE
The parties must provide deposition-designation binders and binders containing the motions in limine and related filings.
b. Joint deposition designation binders (see paragraph 12(e), above); c. Joint exhibit list, including any disputed exhibits; and d. Binders containing the party’s motions in limine, any oppositions, and any supporting declarations or requests for judicial notice in support of or in opposition to the motions.
Civil cases
Page 8 | PRETRIAL CONFERENCE STATEMENT
Discovery requests and responses must not be attached to the IDC brief.
23. Do not attach the discovery requests and responses.
Civil cases
Page 7 | Discovery
The parties must jointly submit one binder containing the designations, objections, responses, and a tab for each witness, with designations highlighted in yellow and objections bracketed in red.
The parties must jointly submit one binder with a joint pleading that has the designations, objections and responses followed by tabs for each witness with the designation highlighted in yellow and any objections bracketed in red.
Civil cases
Page 4 | WITNESS LISTS
Pre-Motion Conference Requirements
The parties must meet and confer at least 35 days before the Pretrial Conference to determine whether evidentiary issues can be resolved by stipulation.
The parties shall meet and confer no later than thirty-five (35) days before the Pretrial Conference to determine whether any evidentiary issues may be resolved by stipulation.
Civil cases
Page 3 | MOTIONS IN LIMINE
A party must make a good-faith effort to resolve the evidentiary issue with the opposing party before filing a motion in limine.
No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with the opposing party.
Civil cases
Page 3 | MOTIONS IN LIMINE
A reply to a motion in limine requires leave of the Court.
No replies will be permitted without leave of the Court.
Civil cases
Page 3 | MOTIONS IN LIMINE
21. Discovery meet and confer obligations require an in person or videoconference between counsel and, where a party is appearing in propria persona, the parties, unless otherwise ordered by the Court. If a resolution is not reached, the parties must meet with the Court for all discovery-related matters in an informal discovery conference (IDC) before filing any discovery motion unless otherwise authorized by the Court. No discovery motion will be heard without an IDC.
21. Discovery meet and confer obligations require an in person or videoconference between counsel and, where a party is appearing in propria persona, the parties, unless otherwise ordered by the Court. If a resolution is not reached, the parties must meet with the Court for all discovery-related matters in an informal discovery conference (IDC) before filing any discovery motion unless otherwise authorized by the Court. No discovery motion will be heard without an IDC.
Civil cases
Page 7 | Discovery
Before the hearing of any motion, petition, or application other than a pro hac vice application or a motion to withdraw as counsel, counsel and pro se persons must confer in good faith to try to eliminate or narrow the hearing.
25. This Court believes that pre-hearing conferences between counsel may be useful in avoiding useless, or mitigating inefficient, motion hearings. Therefore, in addition to meeting and conferring pre-filing, before the hearing of any motion, petition, or application, (except applications to appear pro hac vice and motions to withdraw as counsel of record), all counsel and persons appearing in propria persona shall confer in a good faith attempt to eliminate the necessity of the hearing or to resolve as many disputes as possible.
Civil cases
Page 8 | LAW AND MOTION
Before filing a motion in limine, parties or counsel must meet and confer in good faith to attempt to reach a stipulation, preferably through an in-person meeting, telephone call, or video conference; exchanging letters, emails, or voicemail is insufficient.
Parties and/or counsel MUST meet and confer in good faith prior to filing Motions in Limine ("MIL") in an attempt to reach a stipulation, which should include an in-person meeting, or a telephone or video conference call. Merely exchanging letters, emails or voice-mail messages is insufficient.
Page 1 | Communications to Department 11
Parties must make a good-faith effort to resolve evidentiary issues with the opposing party through meet-and-confer no later than 35 days before the Pretrial Conference before filing a motion in limine.
The parties are encouraged to resolve trial issues with one another as soon as possible. The parties shall meet and confer no later than thirty-five (35) days before the Pretrial Conference to determine whether any evidentiary issues may be resolved by stipulation. No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with the opposing party.
Civil cases
Page 3 | MOTIONS IN LIMINE
The parties are encouraged to resolve motions-in-limine issues with each other as soon as possible.
The parties are encouraged to resolve trial issues with one another as soon as possible.
Civil cases
Page 3 | MOTIONS IN LIMINE
Motions in limine will be heard at the Pretrial Conference or at another time directed by the Court.
The motions will be heard at the Pretrial Conference or at such other time as the Court may direct.
Civil cases
Page 4 | MOTIONS IN LIMINE
Parties and non-parties are encouraged, but not required, to hold an informal discovery conference before filing a motion to compel or another discovery motion in a general civil case.
In all general civil cases as defined by CRC Rule 1.6(4), parties and non-parties are encouraged to hold an Informal Discovery Conference with the Court prior to filing a motion to compel or any other discovery motion.
Page 1 | Communications to Department 11
Adjournment & Extension Requirements
Continuances of hearing and trial dates require prior Court approval, may not be stipulated without approval, and require any approved written stipulation before the hearing or trial date.
Continuances of hearing and trial dates are discouraged. If a continuance is necessary, it must be approved by this Court. Continuances by stipulation are not permitted without prior approval of the Court, and only to a date pre-approved by the Court. Please email Department 11 at dept11@sanmateocourt.org and complexcivil@sanmateocourt.org for available dates before contacting opposing counsel. If preliminary approval is given, a written stipulation must be provided before the hearing or trial date. Electronic signatures on stipulations are permitted.
Civil cases
Page 2 | GENERAL MATTERS
Moving-party counsel must notify Department 11 as soon as possible by both telephone and email when a matter will be taken off calendar or continued.
Counsel for the moving parties must notify Department 11 by telephone and by email at dept11@sanmatecourt.org and complexcivil@sanmateocourt.org as soon as possible regarding any matter to be taken off calendar or continued.
Civil cases
Page 9
The moving party must provide notice of any hearing continuance.
Notices of continuance of any hearing must be provided by the moving party.
Civil cases
Page 10
Parties seeking to change a court-document deadline should submit a proposed order stating the reasons for the change.
If they wish to change any of the dates that documents are due to the Court, they should submit a proposed order specifying the reasons why they want to change the deadlines.
Civil cases
Page 9 | PRETRIAL ORDER – COURT TRIAL
Chambers Communication Rules
When a case settles before a hearing or trial date, the parties must notify Department 11 by telephone and email as soon as the disposition is agreed upon.
If a case settles before a hearing or trial date the parties must notify Department 11 by telephone at (650) 261-5111and email (dept11@sanmateocourt.org and complexcivil@sanmatecourt.org) as soon as the disposition is agreed upon
Civil cases
Page 2 | GENERAL MATTERS
A party settling a class action, shareholder derivative action, or PAGA case must notify Department 11 of the settlement.
the settlement, e.g., in matters such as class actions, shareholder derivative actions, or PAGA cases, the parties must notify Department 11 of the settlement; file preliminary and/or final settlement approval papers, and email all settlement papers to dept11@sanmateocourt.org and complexcivil@sanmateocourt.org; and contact the Clerk of Department 11 to request a preliminary and/or final approval hearing, as appropriate.
Civil cases
Page 3
Moving-party counsel must notify Department 11 by telephone as soon as possible about a matter to be taken off calendar or continued.
Counsel for the moving parties must notify Department 11 by telephone and by email at dept11@sanmatecourt.org and complexcivil@sanmateocourt.org as soon as possible regarding any matter to be taken off calendar or continued.
Civil cases
Page 9
Notice of an intent to contest the tentative ruling must be sent by email to all other parties and both stated Department 11 addresses.
If any party intends to contest the tentative ruling at the hearing, that party must notify the other parties and Department 11 by email at both dept11@sanmateocourt.org and complexcivil@sanmateocourt.org by 4:00 p.m. at least one court day before the scheduled hearing.
Civil cases
Page 10
The ex parte applicant must notify Judge Silberman, preferably by email, of any opposition and when it will be filed.
The Applicant MUST inform Judge Silberman, preferably by email, if there will be an opposition and when that opposition will be filed.
Page 1 | Communications to Department 11
Email Department 11 and the complex civil court address to obtain available dates before contacting opposing counsel regarding a continuance.
Please email Department 11 at dept11@sanmateocourt.org and complexcivil@sanmateocourt.org for available dates before contacting opposing counsel.
Civil cases
Page 2 | GENERAL MATTERS
Appropriate correspondence to Department 11 should be submitted by email to both designated addresses rather than by paper or telephone.
Appropriate correspondence to Department 11 may be submitted electronically, rather than by paper or telephone, by e-mail addressed to dept11@sanmateocourt.org and complexcivil@sanmateocourt.org.
Civil cases
Page 3 | FILINGS AND CORRESPONDENCE
Copies and correspondence must not be faxed to Department 11 because it has no dedicated fax line.
Do not fax copies or correspondence to Department 11, as there is no dedicated fax line.
Civil cases
Page 4 | FILINGS AND CORRESPONDENCE
Ex parte hearing dates must be coordinated by email with the Department 11 clerk at the listed email addresses.
Hearing dates for ex parte applications must be coordinated by email with the Clerk for Department 11 at dept11@sanmateocourt.org and complexcivil@sanmateocourt.org.
Civil cases
Page 6 | EX PARTE APPLICATIONS
22. After the parties have conducted a meaningful meet and confer, requests for an IDC may be made by sending an email copied to all counsel to Department 11 at dept11@sanmateocourt.org and complexcivil@sanmateocourt.org. The Court will provide proposed dates. Parties are to meet and confer as to availability for the proposed dates. If one or more parties are not available on the proposed date(s), additional dates may be requested. The Court will inform the parties whether the IDC will be conducted by videoconference or in person.
22. After the parties have conducted a meaningful meet and confer, requests for an IDC may be made by sending an email copied to all counsel to Department 11 at dept11@sanmateocourt.org and complexcivil@sanmateocourt.org. The Court will provide proposed dates. Parties are to meet and confer as to availability for the proposed dates. If one or more parties are not available on the proposed date(s), additional dates may be requested. The Court will inform the parties whether the IDC will be conducted by videoconference or in person.
Civil cases
Page 7 | Discovery
Department 11 emails must identify the case name, case number, and purpose in the subject line to avoid delayed responses.
If you send an email to Department 11, please include the following information in the "subject line" header: (1) case name; (2) case number; and (3) a brief description of the purpose of the email. For example: Smith v. Jones, 23-CIV-01234, Proposed Order. Otherwise, a response to your email will likely be delayed.
Page 1 | Communications to Department 11
Parties should obtain a hearing date for post-trial motions by emailing Department 11.
The parties should obtain a hearing date for any post-trial motions by emailing Department 11 at Dept11@sanmateocourt.org.
Page 1 | Communications to Department 11
Any courtesy-copy email must be labeled “Courtesy Copy(ies)” and include the case name and case number in its subject line.
Please note “Courtesy Copy(ies)” and include the Case name and # in the subject line of any email.
Page 1 | Communications to Department 11
A hearing should be scheduled by contacting Department 11 rather than the Civil Clerk's office.
To schedule a hearing, contact Department 11 rather than the Civil Clerk's office.
Page 1 | Communications to Department 11
An urgent matter requiring an immediate hearing should be reported to Department 11, preferably by email but also by telephone.
If the matter is urgent and requires an immediate hearing, please contact Department 11 preferably by email at Dept11@sanmateocourt.org or by phone.
Page 1 | Communications to Department 11
Questions about the procedures should be emailed to Department 11, with counsel for all represented and pro per parties included.
If counsel or any staff members have questions about these procedures, please email Department 11 at dept11@sanmateocourt.org and include counsel for all represented parties and pro per parties in the email.
Civil cases
Page 12 | TRIAL
Appearances may be made in person or by Zoom unless the Court orders otherwise, and Zoom users must follow the website requirements.
Most appearances may be made in person or by Zoom, unless otherwise ordered by the Court. The Zoom credentials can be found on Judge Silberman’s webpage. Please follow the requirements on the website for Zoom appearances.
Civil cases
Page 3 | FILINGS AND CORRESPONDENCE
Department 11 prefers communication by email copied to all parties instead of telephone communication.
Department 11 prefers to have communication by email (copied to all parties) rather than by telephone.
Civil cases
Page 4 | FILINGS AND CORRESPONDENCE
Informal conferences with the Court will use videoconference unless the Court indicates otherwise.
Informal conferences will be conducted by videoconference unless otherwise indicated by the Court.
Civil cases
Page 4 | FILINGS AND CORRESPONDENCE
Counsel may arrange an agreed-upon informal court conference by emailing the Department 11 Clerk at both designated addresses.
The Court is eager to assist counsel when specific problems arise that may not require a formal motion. To arrange a conference with the Court that all counsel agree is advisable, please contact the Clerk for Department 11 by email at dept11@sanmateocourt.org and complexcivil@sanmateocourt.org to schedule a time for the conference.
Civil cases
Page 4 | FILINGS AND CORRESPONDENCE
If requested, the Word version of an ordered written document should also be emailed to Department 11.
If Judge Silberman requests a Word version in addition to the e-filed document, the Word version should be emailed to dept11@sanmateocourt.org.
Page 1 | Communications to Department 11
Department 11 strongly prefers email contact at Dept11@sanmateocourt.org.
Department 11 strongly prefers to be contacted by email at Dept11@sanmateocourt.org.
Page 1 | Communications to Department 11
Central or Northern Courthouse ex parte fees may be paid by telephone by calling 650-261-5100, selecting option 0, and entering extension 7243.
To pay by phone for appearances at the Central or Northern Courthouses please dial 650-261-5100, select Option “0” and enter extension 7243 to be connected to a clerk to process your payment.
Page 1 | Payment of Fees
Questions about the procedures should be emailed to Department 11, with counsel for all represented and pro per parties copied.
If counsel or any staff members have questions about these procedures, please email Department 11 at dept11@sanmateocourt.org and include counsel for all represented parties and pro per parties in the email.
Civil cases
Page 9 | PRETRIAL ORDER – COURT TRIAL
Junior Lawyer Participation Incentives
The court encourages parties and senior attorneys to permit junior lawyers to participate in proceedings, especially oral argument when the junior lawyer substantially drafted or contributed to a motion or opposition.
The Court therefore encourages the parties and senior attorneys to allow the participation of junior lawyers in all court proceedings, particularly in arguing motions where the junior lawyer drafted or contributed significantly to the motion or opposition.
Civil cases
Page 10