Judge Nancy L. Fineman
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Motion, Pretrial Document, Trial Document
Proposed Jury Instructions, Proposed Verdict Forms, Proposed Jury Questionnaire, Proposed Statement of the Case, Joint Witness List, Joint Deposition Designation Binders, Joint Exhibit List, Motions in Limine Binders
- With Joint Pretrial Conference Statement
Reply Brief, Unlawful Detainer Opposition, Summary Judgment Motion
Complaint Form
Court-wide
Adjournments
- For summary judgment and motions to quash when the opposing party wants discovery, the parties should work out the discovery and timeframe and continue the motion at least three days before the hearing.
- The court will grant a trial continuance only when the parties demonstrate good cause under California Rules of Court 3.1332(c) and (d).
- A party seeking to change a document deadline should submit a proposed order stating the reasons for the change.
Request must include
Communication
Chambers
Phone
Clerk
Phone
Chambers
Phone
Court-widePhone
Court-widePage & Word Limits4 rules
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
Each opposition is also limited to five (5) pages in length unless otherwise permitted by the Court.
- Opposition
- Up to 5 pages
Each party’s explanation following a disputed jury instruction may not exceed one page.
- Page limit
- 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.
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 Requirements14 rules
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.
- File type
- Paper
- Proposed order
Each party shall also submit a hard copy and a Word version of all proposed orders.
- File type
- Word
- Proposed order
Formatting
- •A hard copy of all proposed orders must also be submitted
They shall 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
- Tabbed binder
Formatting
- •One joint binder
- •One tab for each witness
- •Designations highlighted in yellow
- •Objections bracketed in red
Each trial exhibit shall be clearly pre-marked with the trial exhibit number. The defendant’s exhibit numbers shall be sequenced to begin after the plaintiff’s exhibit numbers.
- Trial exhibits
Formatting
- •Defendant exhibit numbers must begin after plaintiff's exhibit numbers
The joint witness list must be tabular and state each witness's name, title if any, anticipated subject matter, and estimated examination lengths.
- Joint witness list
Formatting
- •Tabular form
- •Witness name
- •Witness title, if any
- •Brief description of anticipated testimony
- •Estimated direct examination length
- •Estimated cross-examination length
- •Estimated redirect length
- •Estimated cross-redirect length
Court's wording
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, redirect, and cross-redirect.
Exhibits shall be numbered. NO letters may be used.
- Trial exhibits
Formatting
- •Exhibits shall be numbered
- •No letters may be used for exhibit numbers
Each party must provide the Court with a complete set of exhibits that the party intends to introduce at trial in both hard copy in tabbed binders and on a thumb drive at least seven (7) days before the Trial Date.
- Trial exhibits
Formatting
- •Deliver hard copies in tabbed binders
Each party will be expected to place the official exhibit stamp on each document; the exhibit tabs may be obtained from the courtroom clerk.
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).
- Joint exhibit list
Formatting
- •Tabular form
- •Exhibit number
- •Brief exhibit description
- •Bates numbers, if any
- •Sponsoring witness
- •Date marked for identification left blank
- •Date admitted into evidence left blank
All proposed versions of the same instruction shall bear the same number.
Any modifications made to a form instruction must be plainly identified.
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.”
- Trial exhibits
Formatting
- •Mark and refer to every exhibit as Trial Exhibit No
- •Do not label exhibits as Plaintiff's Exhibit or Defendant's Exhibit
The parties must email the listed proposed trial documents to the Court in Word format.
- File type
- Word
- Proposed jury instructions
- Proposed verdict forms
- Proposed jury questionnaire
- Proposed statement of the case
- Proposed orders
Formatting
- •Emailed to the Court
Court's wording
37. The parties shall also email the proposed jury instructions, proposed verdict form(s), proposed jury questionnaire (if any), proposed statement of the case, and proposed orders in Word format to the Court.
The parties must agree on a block of numbers to fit the needs of the case (e.g., the plaintiff has exhibits 1-100; the defendant has exhibits 101-200), and make a good faith effort to avoid marking the same exhibit in their respective blocks.
Document Filing Requirements22 rules
Also, motions are denied when there is no proof of service in the Court file showing service to all parties at the address that is in the Court’s records.
Judge Fineman will deny without prejudice proposed orders where the party submitting the order does not inform her of the opposing party’s position.
A prevailing party ordered to prepare an order must send the proposed order to the opposing side, allow five days for response, then submit the order and any response or lack of response to the court.
Court's wording
when a motion is ruled upon and the prevailing party is ordered to prepare the order, that party must comply with California Rule of Court 3.1312, which requires that the party send the proposed order to the other side, provide the other side with five days to respond, and then submit the order to the court and include the other side’s response or lack of response.
Joint submissions are required for most pretrial documents, e.g. voir dire statement, jury instructions, verdict forms.
A proposed order must state the opposing party’s response, and the preparing party must make a good-faith effort to meet and confer before submitting it.
Court's wording
Judge Fineman will reject proposed orders that do not inform her of the opposing party's response to the proposed order. 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 joint pretrial conference statement must include proposed jury instructions, verdict forms, voir dire materials, the statement of the case, witness and exhibit lists, specified binders, and deposition designations and objections.
- Document
- Pretrial order
Include
- •Exhibit list
Court's wording
File joint pretrial conference statement with: At least 14 days before the Pretrial 1. Proposed jury instructions; Conference 2. Proposed verdict form(s); 14 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; and 7. Binders with motions in limine, oppositions, and supporting declarations or requests for judicial notice 8. Deposition designations and objections
Each proposed order must provide enough specificity so that a witness will be able to understand what testimony is prohibited.
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.
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 statement should be neutral rather than argumentative. The parties shall also include the names of attorneys and witnesses to be read to the jury.
The parties shall also submit their deposition designations and objections with the Joint Pretrial Conference Statement.
Each party must file a joint list of all the witness that the party intends to call at trial with the Joint Pretrial Conference Statement.
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 must file a joint exhibit list identifying all the exhibits that the party intends to introduce at trial with the Joint Pretrial Conference Statement.
If the exact same exhibit is marked by more than one party, then the defendant shall withdraw the duplicative exhibit (but should not renumber its portion of the exhibit list).
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.
No replies will be permitted without leave of the Court.
Each motion should be clearly identified as “_________’s Motion in Limine No. ___ Re: ________________.”
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.
If the parties want the Court to ask any particular questions from those Standards or any additional questions, they should jointly submit those questions (and any objections) with the Joint Pretrial Conference Statement.
Instructions upon which the parties agree shall be identified as “Stipulated Instruction No. ___ Re: _____________,” with blanks filled in as appropriate.
Filing & Service rules
Electronic Filing Rules
All filings, including orders, must be submitted through the Civil Clerk’s office in Redwood City.
All filings, including orders, are to be done through the Civil Clerk's office in Redwood City.
Page 1 | Communications to Department 4
All ex parte filings must be electronically filed unless a party is unrepresented by counsel.
Local Rule 3.500 has been revised mandating that all ex parte filings be e-filed unless a party is not represented by counsel. Please review and comply with all requirements stated in the rule.
Page 1 | Ex Parte Applications
The listed proposed pretrial documents must not be filed and must instead be served at least 42 days before the conference.
Each party must serve (but NOT file) at least 42 days before that Conference its proposed motions in limine, proposed jury instructions, proposed verdict form(s), proposed witness list, and proposed exhibit list.
Civil cases
Page 6 | MEET AND CONFER
When Judge Fineman orders a party to prepare a written order, that party should e-file the order.
When Judge Fineman orders a party to prepare a written order, that party should e-file the order.
Page 1 | Communications to Department 4
Filing Timing and Cure Windows
All briefing in complex Law and Motion matters must be completed at least three weeks before the hearing date.
Judge Fineman requires all briefing to be completed at least three (3) weeks before the hearing date.
Page 1 | Communications to Department 4
The joint pretrial conference statement must be filed at least 14 days before the Pretrial Conference with the listed pretrial submissions and binders.
File joint pretrial conference statement with: At least 14 days before the Pretrial 1. Proposed jury instructions; Conference 2. Proposed verdict form(s); 14 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; and 7. Binders with motions in limine, oppositions, and supporting declarations or requests for judicial notice 8. Deposition designations and objections
Civil cases
Page 2 | SUMMARY TABLE OF DEADLINES
File and serve motions in limine and their oppositions at least 21 days before the Pretrial Conference.
File and serve motions in limine and At least 21 days before the Pretrial Conference
Civil cases
Page 2 | SUMMARY TABLE OF DEADLINES
Motions in limine and their oppositions must be filed no later than 21 days before the Pretrial Conference.
Motions in limine and their oppositions must be filed no later than 21 days before the Pretrial Conference.
Civil cases
Page 3 | MOTIONS IN LIMINE
The parties must prepare and submit Court-ordered changes to proposed jury instructions by the deadline set at the Pretrial Conference or another deadline set by the Court.
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.
Civil cases
Page 4 | JURY INSTRUCTIONS
The parties must submit Court-ordered changes to proposed verdict forms in Word format by the deadline set at the Pretrial Conference or another deadline set by the Court.
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 4 | VERDICT FORM(S)
The parties must file a Joint Pretrial Conference Statement no later than 14 days before the Pretrial Conference.
35. The parties shall file a Joint Pretrial Conference Statement at last 14 days before the Conference that contains the following:
Civil cases
Page 7 | PRETRIAL CONFERENCE STATEMENT
Service and Proof of Service Rules
Remote appearance by an ex parte applicant requires service of the moving papers and proposed order on all parties, paper submission to the assigned judge, and payment of the 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 | Ex Parte Applications
At least 42 days before the Pretrial Conference, serve but do not file the listed proposed pretrial documents.
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
Civil cases
Page 2 | SUMMARY TABLE OF DEADLINES
File and serve motions in limine at least 21 days before the Pretrial Conference.
File and serve motions in limine and At least 21 days before the Pretrial Conference
Civil cases
Page 2 | SUMMARY TABLE OF DEADLINES
A designating party must provide the opposing parties 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 5 | WITNESS LISTS
At least 42 days before the conference, each party must serve but not file its proposed motions in limine, jury instructions, verdict forms, witness list, and exhibit list.
Each party must serve (but NOT file) at least 42 days before that Conference its proposed motions in limine, proposed jury instructions, proposed verdict form(s), proposed witness list, and proposed exhibit list.
Civil cases
Page 6 | MEET AND CONFER
Filing Fees and Waivers
Parties who electronically file ex parte papers 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
The ex parte application fee must be paid to the clerk’s office by 10:00 a.m. two court days before the ex parte appearance.
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 | Ex Parte Applications
Self-represented parties not enrolled in e-filing and appearing in person at the Northern Courthouse may pay ex-parte fees before the hearing at the Clerk’s Office, Window 8, or by phone with a Credit or Debit card; they 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, while checks may be submitted at the hearing.
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. 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
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 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 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
Courtesy Copy Requirements
Courtesy copies and motion, pretrial, and trial documents must be delivered directly to Courtroom 4C in Redwood City.
Courtesy copies, all motions, pretrial, and trial documents shall be delivered directly to Courtroom 4C in Southern Courthouse, 400 County Center, Redwood City.
Page 1 | Communications to Department 4
A 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 | Communications to Department 4
The parties must provide courtesy copies of the listed pretrial submissions to the Court with their Joint Pretrial Conference Statement.
36. 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 to Central Courthouse, Department G, 800 North Humboldt St., San Mateo, CA 94401:
Civil cases
Page 8 | PRETRIAL CONFERENCE STATEMENT
Absent permission, courtesy copies must be sent to Department 4 by messenger, mail, or overnight delivery rather than email.
Unless Judge Fineman 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 4.
Page 1 | Communications to Department 4
Filing Bundling Requirements
Each party must submit a tabbed binder containing its motions in limine in numerical order, with each opposition placed immediately behind the corresponding 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 relating to 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
Pre-Motion Conference Requirements
A party must make a good-faith effort to resolve an 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
The parties must meet and confer at least 35 days before the Pretrial Conference regarding possible stipulation of evidentiary issues.
The parties shall meet and confer no later than 35 days before the Pretrial Conference to determine whether any evidentiary issues may be resolved by stipulation.
Civil cases
Page 3 | MOTIONS IN LIMINE
The parties must begin meeting and conferring well before trial as part of Judge Fineman's pretrial process.
Her process is similar to the ones required by most federal judges and requires the parties to begin meeting-and-conferring well in advance of trial.
Civil cases
Page 3 | TRIALS
Judge Fineman will hold substantive pretrial conferences to minimize surprises at trial.
Judge Fineman will be holding substantive Pre-Trial Conferences so that surprises at trial are minimized.
Civil cases
Page 3 | TRIALS
Adjournment & Extension Requirements
For summary judgment and motions to quash when the opposing party wants discovery, the parties should work out the discovery and timeframe and continue the motion at least three days before the hearing.
For motions where the opposing party wants discovery, e.g. summary judgment motions or motions to quash, work out what discovery will be done and the timeframe, and then, at least three days before the hearing, continue the motion. (See Local Rule 3.404.)
Civil cases
Page 1 | LAW AND MOTION
The court will grant a trial continuance only when the parties demonstrate good cause under California Rules of Court 3.1332(c) and (d).
She will only grant trial continuances if the parties demonstrate good cause as set forth in California Rules of Court, rule 3.1332(c) and (d).
Civil cases
Page 3 | TRIALS
A party seeking to change a 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
Chambers Communication Rules
For complex cases, Judge Fineman conducts IDCs; contact Dept. 4 by phone or email to schedule one.
IDCs for complex cases are conducted by Judge Fineman. Contact Dept. 4 by phone or email to schedule an IDC in a complex case.
Page 1 | Communications to Department 4
When requested, the Word version of an e-filed document should be emailed to Department 4 and include the other parties.
Sometimes, Judge Fineman will request a Word version in addition to the e-filed document. That Word version should be emailed to dept4@sanmateocourt.org and must include the other parties.
Page 1 | Communications to Department 4
Failure to comply with Local Rule 3.500 results in denial of remote appearance.
Failure to follow the provisions of Local Rule 3.500 will result in denial of remote appearance.
Page 1 | Ex Parte Applications
A hearing date for post-trial motions should be obtained by emailing Department 4 at Dept4@sanmateocourt.org.
The parties should obtain a hearing date for any post-trial motions by emailing Department 4 at Dept4@sanmateocourt.org.
Page 1 | Communications to Department 4
Department 4 emails must identify the case name, case number, and purpose in the subject line.
If you send an email to Department 4, 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, CIV1234, Proposed Order. Otherwise, a response to your email will likely be delayed.
Page 1 | Communications to Department 4
Parties are encouraged, but not required, to email ex parte documents; paper copies remain required.
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 | Ex Parte Applications
Central and Northern Courthouse ex parte fees may be paid by phone at 650-261-5100, Option 0, 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
Department 4 strongly prefers email at Dept4@sanmateocourt.org, and emails should include the other parties.
Department 4 strongly prefers to be contacted by email at Dept4@sanmateocourt.org. If your email requires a response and your inquiry is not answered by Department 4's automatic reply to your email, Department 4 will do its best to respond as quickly as possible. All emails to Department 4 should include the other parties.
Page 1 | Communications to Department 4