Preview
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MSC and TRIAL ORDERS FOR CASE NAME: @raSSmYd ~v» Gama! “Web
DEPARTMENT S-25_ CASE NUMBER: C IUOS ZOlOl OI‘ZL
“n81 Ii:
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our :mOR COURT OF Q‘LIFCRNM
COUNTY OF $53 BERNARDINO
SAN BEQNARDINQ DISTRICT
is. a
Trlal Readiness: 5(18’11 CP‘WOWI
Fm 0e; 7022 '
Trlal 3
slung 10:00
BY «mfiéfimm
Mandatory Settlement Conference: Pursuant to California Rfié‘fiWFfl-‘vmfimcal
Rule of Court 61 1, all parties and adjusters are ordered to appear. No less than five (5) days prior to
the Settlement Conference, MSC Briefs must be filed directly in Department 8—25 and served on
opposing parties that include all four (4) elements enumerated in CRC 3.1380, including, but not
limited to settlement discussions. A violation of this order may result in monetary sanctions, exclusion
of evidence, and/or witnesses.
counsel or seIf-represented parties so agree, they may contact the Clerk in Department 8-25
If all
prior toMSC date to request the MSC be held remotely by videoconference. Telephone and email
information for all counsel and unrepresented partiees must be provided to the Clerk for a remote
conference to be scheduled.
Motions In Limine: Au Motions in Limine shall be in writing and filed with this Department and
with service completed at least eight (8) days prior to the Trial Readiness Conference, and shall
comply with Local Rule 415. Parties are expected to read and be familiar with Amtower v Photon
Dynamics Inc., (2008) 158 CA4th 1582; Kelly v New West Financial Sen/ices (1 996) 49 CA4th 659;
and R & B Auto Centerlnc. v Farmers Group Inc. (2006) 140 Cal. App. 4t“ 327, 371-372
(Rylaarsdam, Acting P.J., concurring). Attached is a listof sua sponte orders for trial, not requiring in
limine motions.
Trial Readiness Conference: At thé Trial Readiness Conference, all trial counsel and self—
represented parties are ordered to appear. No less than three (3) court days prior to the TRC, the
parties shall file in this Department: 1) Any oppositions to Motions in limine, 2) Jury Instructions, as
set forth below, 3) Proposed verdict forms, 4) Witness and Exhibit lists (Exhibits listed in numerical
order only) 5) Any proposed voir dire questions and/or questionnaires, 6) A brief Statement of the
Case to be read to the jury, if applicable and 7) A trial brief (for bench trials only, per Local Rule 41 1).
Documents should be jointly submitted. A violation of this order may result in monetary sanctions,
exclusion of evidence, and/or witnesses. Prepare trial time estimates in number of hours (not days).
Jury IHStrUCtionSZ No less than 3 days prior to the TRC, Plaintiff shall submit, in compliance
with CRC Rule 2.1055, a complete setof jury instructions (with a generic pleading cover sheet) with
an itemized list of the CACI Instructions and Special Instructions, if any. Defendant’s jury instructions
are due filed on the first day of trial and should only include additional instructions not previously
submitted by Plaintiff and a list of objections to Plaintiff’s instructions.
Exhibits: The parties shall exchange and inspect all exhibits to be used at trial prior to the TRC.
Exhibits shall be placed in a 3-ring binder with 1 set for the Court, 1 set for the witness and 1 set for
each The Courts Judicial Assistant will email the exhibit list template to Counsel. Please
party.
provide the JA with ypur email addresses. Counsel are to return one completed joint list via email to
the JA at chernandez@sb-court.orq.
A A
SUA SPONTE RULINGS OF THE COURT FOR TRIAL
. No witness may be called, except with Court permission in exceptional circumstances, unless
notice has been given to all parties of the date when the witness will testify. Notice shall be
given no later than at the end of the court day proceeding the court day before the witness
is to
testify (e.g., Thursday session for next court session on following Monday).
. All witnesses will be excluded from the courtroom, unless otherwise ordered, excepting those
for whom an exception exists at law (e.g., parties and corporate representatives).
. Evidence of, or reference to, settlement negotiations, mediation, and materials related thereto
which are privileged under the Evidence Code or by agreement of the parties shall not be
allowéd.
. Evidence of, or reference to, insurance or the fact that an attorney is employed by, or has been
compensated by, an insurance company shall not be allowed.
. Evidence of, or reference to, other claims or actions against any party to the litigation shall not
be allowed without permission of the Court.
Evidence or reference to, the financial position or wealth, or lack thereof, of any party to the
. of,
litigation shall not be allowed without permission of the Court.
. General motions in Iimine regarding evidence not produced in discovery will not be granted.
Where parties expect a dispute regarding the admission of evidence, they should advise the
Court at the earliest opportunity. lf an issue arises at trial, each party must be prepared to
share with the Court the actual discovery record.
Audio-Visual Equipment: Please confer with Court Staff regarding audio-visual equipment
availability.
Preview
v \v ' MSC and TRIAL ORDERS FOR CASE NAME: @raSSmYd ~v» Gama! “Web DEPARTMENT S-25_ CASE NUMBER: C IUOS ZOlOl OI‘ZL “n81 Ii: I I \ mm L our :mOR COURT OF Q‘LIFCRNM COUNTY OF $53 BERNARDINO SAN BEQNARDINQ DISTRICT is. a Trlal Readiness: 5(18’11 CP‘WOWI Fm 0e; 7022 ' Trlal 3 slung 10:00 BY «mfiéfimm Mandatory Settlement Conference: Pursuant to California Rfié‘fiWFfl-‘vmfimcal Rule of Court 61 1, all parties and adjusters are ordered to appear. No less than five (5) days prior to the Settlement Conference, MSC Briefs must be filed directly in Department 8—25 and served on opposing parties that include all four (4) elements enumerated in CRC 3.1380, including, but not limited to settlement discussions. A violation of this order may result in monetary sanctions, exclusion of evidence, and/or witnesses. counsel or seIf-represented parties so agree, they may contact the Clerk in Department 8-25 If all prior toMSC date to request the MSC be held remotely by videoconference. Telephone and email information for all counsel and unrepresented partiees must be provided to the Clerk for a remote conference to be scheduled. Motions In Limine: Au Motions in Limine shall be in writing and filed with this Department and with service completed at least eight (8) days prior to the Trial Readiness Conference, and shall comply with Local Rule 415. Parties are expected to read and be familiar with Amtower v Photon Dynamics Inc., (2008) 158 CA4th 1582; Kelly v New West Financial Sen/ices (1 996) 49 CA4th 659; and R & B Auto Centerlnc. v Farmers Group Inc. (2006) 140 Cal. App. 4t“ 327, 371-372 (Rylaarsdam, Acting P.J., concurring). Attached is a listof sua sponte orders for trial, not requiring in limine motions. Trial Readiness Conference: At thé Trial Readiness Conference, all trial counsel and self— represented parties are ordered to appear. No less than three (3) court days prior to the TRC, the parties shall file in this Department: 1) Any oppositions to Motions in limine, 2) Jury Instructions, as set forth below, 3) Proposed verdict forms, 4) Witness and Exhibit lists (Exhibits listed in numerical order only) 5) Any proposed voir dire questions and/or questionnaires, 6) A brief Statement of the Case to be read to the jury, if applicable and 7) A trial brief (for bench trials only, per Local Rule 41 1). Documents should be jointly submitted. A violation of this order may result in monetary sanctions, exclusion of evidence, and/or witnesses. Prepare trial time estimates in number of hours (not days). Jury IHStrUCtionSZ No less than 3 days prior to the TRC, Plaintiff shall submit, in compliance with CRC Rule 2.1055, a complete setof jury instructions (with a generic pleading cover sheet) with an itemized list of the CACI Instructions and Special Instructions, if any. Defendant’s jury instructions are due filed on the first day of trial and should only include additional instructions not previously submitted by Plaintiff and a list of objections to Plaintiff’s instructions. Exhibits: The parties shall exchange and inspect all exhibits to be used at trial prior to the TRC. Exhibits shall be placed in a 3-ring binder with 1 set for the Court, 1 set for the witness and 1 set for each The Courts Judicial Assistant will email the exhibit list template to Counsel. Please party. provide the JA with ypur email addresses. Counsel are to return one completed joint list via email to the JA at chernandez@sb-court.orq. A A SUA SPONTE RULINGS OF THE COURT FOR TRIAL . No witness may be called, except with Court permission in exceptional circumstances, unless notice has been given to all parties of the date when the witness will testify. Notice shall be given no later than at the end of the court day proceeding the court day before the witness is to testify (e.g., Thursday session for next court session on following Monday). . All witnesses will be excluded from the courtroom, unless otherwise ordered, excepting those for whom an exception exists at law (e.g., parties and corporate representatives). . Evidence of, or reference to, settlement negotiations, mediation, and materials related thereto which are privileged under the Evidence Code or by agreement of the parties shall not be allowéd. . Evidence of, or reference to, insurance or the fact that an attorney is employed by, or has been compensated by, an insurance company shall not be allowed. . Evidence of, or reference to, other claims or actions against any party to the litigation shall not be allowed without permission of the Court. Evidence or reference to, the financial position or wealth, or lack thereof, of any party to the . of, litigation shall not be allowed without permission of the Court. . General motions in Iimine regarding evidence not produced in discovery will not be granted. Where parties expect a dispute regarding the admission of evidence, they should advise the Court at the earliest opportunity. lf an issue arises at trial, each party must be prepared to share with the Court the actual discovery record. Audio-Visual Equipment: Please confer with Court Staff regarding audio-visual equipment availability.