Contra Costa — Dept. 34 Standing Order for Jury Trials

Source: https://contracosta.courts.ca.gov/system/files/general/d34_standing-order-civil-jury-trials.pdf

1 SUPERIOR COURT OF CALIFORNIA COUNTY OF CONTRA COSTA 2 ATTACHMENT 1 - PRE-TRIAL ORDERS – JURY TRIAL (Rev. 6/24/26) 3 SUMMARY OF DEADLINES1 4 Deadline Requirements 5 Ten (10) calendar days in advance of File and serve motions in limine the Issue Conference 6 Five (5) calendar days in advance of File and serve Witness List 7 the Issue Conference File and serve oppositions to motions in limine 8 Seven (7) court days in advance of the Exchange copies of all potential trial exhibits trial Exchange copies of proposed jury instructions 9 and jury verdict forms Three (3) court days in advance of the Conduct Advance Trial Conference per Section10 III of these Pre-Trial Orders trial 11 Notify department clerk regarding any party or witness needing an interpreter 12 4:00 pm one (1) court day in advance Lodge binder(s) with motion in limine papers of the trial Parties to meet and confer on each motion in 13 limine and advise the Court which, if any, motions are uncontested 14 File and serve any written objections to discovery to be proffered in evidence at trial15 First appearance for trial Lodge joint statement of the case 16 Lodge any stipulations reached regarding admissibility of trial exhibits or any other 17 factual, evidentiary or procedural stipulations Lodge binder with copy of all expert 18 designations and declarations Lodge proposed trial schedule19 Lodge other persons list 20 Lodge list and copies of proposed jury instructions and jury verdict forms 21 Lodge exhibit binders with master exhibit list 22

23

24

25

26

27 1 The information in this chart is a brief summary of the primary deadlines in advance of trial. 28 Please review these Pre-Trial Orders and the Court’s Local Rules for additional information and any other applicable deadlines. - 1 -

1 I. WITNESS LISTS AND TRIAL EXHIBITS 2 1. Witness List. Not less than five (5) calendar days in advance of the Issue 3 Conference date, the Parties shall file and serve a witness list of the witnesses that they actually 4 expect to call as witnesses at trial (the “Witness List”) in accordance with Local Rule 3.11(c)(2). 5 The purpose of the Witness List is for examination of prospective jurors and to estimate the 6 length of trial. For that reason, it should only include those persons who will likely be testifying. 7 Omitting a name in good faith will not bar the witness from being used; this is not a discovery 8 mechanism. A courtesy copy of the Witness List shall be lodged at first appearance for trial. 9 2. Interpreter(s). The trial department’s clerk must be notified of any party or 10 witness needing an interpreter at least three (3) court days in advance of the trial date. However, 11 please in keep in mind the more infrequently used interpreters may require more lead time. 12 3. Trial Exhibits and Exhibit Lists. Not less than seven (7) court days in advance 13 of the trial date, the Parties shall exchange copies of all potential trial exhibits, including 14 discovery responses, to be used at trial, along with an exhibit list. The Parties shall, thereafter, 15 meet and confer regarding such trial exhibits at the Advance Trial Conference, as set forth 16 further below. 17 II. MOTIONS IN LIMINE 18 4. Due Date for MILs. Any motions in limine shall be filed and served not less 19 than ten (10) calendar days in advance of the Issue Conference date and otherwise in accordance 20 with the provisions of Local Rule 3.11. 21 5. Oppositions. Any opposition or other response to a motion in limine shall be 22 filed and served not less than five (5) calendar days in advance of the Issue Conference date and 23 otherwise in accordance with the provisions of Local Rule 3.11. 24 6. Binders to be Prepared with Courtesy Copies of MILs. No later than 4:00 pm 25 one (1) court day in advance of the trial date (typically the Friday before a Monday trial date) 26 (the “Court Day Before Trial Deadline”), courtesy copies of all filed motions in limine shall be 27 provided to the Court in a tabbed binder together with any opposition and/or related filed papers. 28 Each binder shall have an index of the papers. Each Party is responsible for assembling and

• 2 -

1 providing such binder to the Court as to their own filed motions in limine (with any related 2 papers as set forth above). Failure to do so may result in denial of the motion. This provision 3 supersedes the provisions regarding lodging courtesy copies as set forth in Local Rule 3.11(b). 4 However, the Court encourages, but does not require, the parties to prepare a single binder 5 compiling all of the motion in limine papers. 6 7. The Parties shall meet and confer on each motion in limine and advise the 7 Court by the Court Day Before Trial Deadline which, if any, motions are uncontested. The 8 papers regarding any uncontested motions may be omitted from the binder(s). Uncontested 9 motions may be indicated by a notation on the binder index. 10 8. At first appearance for trial, the Parties should be prepared to discuss the filed 11 motions in limine in Chambers with the Court and/or argue them on the record as directed by the 12 Court. 13 9. The Court advises the Parties that the Court is generally not inclined to grant 14 blanket or boilerplate motions in limine where specific evidentiary objections can more 15 appropriately be made at the time that the subject testimony is elicited or the subject evidence is 16 proffered. Attempting to exclude evidence based on “relevancy” arguments are rarely 17 appropriate, as the Court generally is inclined to consider objections as to relevancy in the 18 context of the evidence that may be presented during trial. There are similar considerations as to 19 many other types of evidentiary objections. The Parties are admonished to limit motions in 20 limine to matters as to which Parties believe a ruling in advance is both necessary and 21 appropriate. The Parties are also advised to review Local Rule 3.11(b) regarding the 22 standard motions in limine that the Court will typically issue. 23 III. ADVANCE TRIAL CONFERENCE BETWEEN THE PARTIES 24 10. Not less than three (3) court days in advance of the trial date, the Parties shall 25 meet and confer in a face-to-face conference (the “Advance Trial Conference”) as to the 26 following: 27 a. Preparation of Trial Exhibits. The Parties shall meet and confer 28 regarding their respective trial exhibits. This includes removing all duplicative

• 3 -

1 exhibits, pre-marking all exhibits, and updating and consolidating the exhibit lists 2 into a single master exhibit list (the “Master Exhibit List”). Each exhibit on the 3 Master Exhibit List shall be designated by and pre-marked with a separate numerical 4 identifier. At trial, the Court expects that when an exhibit is used it will already be 5 marked and identified on the Master Exhibit List and that all Parties will have a pre- 6 marked copy. Each Party is responsible for providing, at first appearance for trial, at least 7 four binders, with copies of their trial exhibits (one for the Court, one for the witness 8 stand, and one for each side) conforming to the Master Exhibit List. The Court 9 encourages, but does not require, the Parties to prepare a single set of master exhibit 10 binders. All parties are admonished that a failure to lodge a Master Exhibit List and 11 exhibit binders in conformance with the foregoing may result in a rescheduling of 12 the trial to a later date in the Court’s discretion. 13 b. Admissibility of Trial Exhibits and Other Stipulations. The Parties 14 shall meet and confer regarding admissibility of their respective trial exhibits. The 15 Parties are encouraged to be liberal in considering mutual stipulations as to their 16 admissibility at trial. The Parties shall meet and confer regarding any factual, evidentiary 17 or procedural stipulations. The Parties are encouraged to discuss any additional 18 stipulations to further narrow contested trial issues. All stipulations shall be reduced to 19 writing and lodged at first appearance for trial. 20 c. Joint Statement of the Case. The Parties shall meet and confer regarding 21 a joint statement of the case to be read to the jury. A draft of any such statement, with 22 any disagreements highlighted, shall be lodged at first appearance for trial. 23 d. Discovery to be Proffered in Evidence at Trial. The Parties shall meet 24 and confer to identify any portions of videotaped or other depositions or discovery to be 25 proffered at trial as to which there are objections. All objections are to be filed and 26 served in writing by Court Day Before Trial Deadline. 27 e. Audio or Visual Presentations. The Parties shall meet and confer to 28 identify all those audio or visual presentations to be proffered at trial and any objections

• 4 -

1 thereto. All audio or visual presentations are to be tested before use in front of the jury. 2 All objections are to be submitted to the Court in writing by Court Day Before Trial 3 Deadline. The Parties are encouraged to contact the departmental clerk to schedule 4 access to the courtroom to test any audio-visual presentations prior to trial. Any such 5 access should be scheduled when all sides have a representative present. 6 f. Experts. The Parties shall meet and confer regarding any stipulations 7 regarding the qualification of any expert(s) and the preparation of a binder with all expert 8 designations and declarations which shall be provided in a binder and lodged at first 9 appearance for trial. 10 g. Detailed Trial Schedule. The Parties shall meet and confer regarding 11 preparation of a joint hour-by-hour proposed schedule for the trial (the “Proposed Trial 12 Schedule”). The Proposed Trial Schedule shall be lodged at first appearance for trial. 13 h. Names of Other Persons/Entities. The Parties should meet and confer 14 and prepare a list of the names of any other persons (or associated entities) not expected 15 to testify but whose names might come before the jury (the “Other Persons List”). A 16 courtesy copy of the Other Persons List shall be lodged at first appearance for trial. 17 i. Proposed Jury Instructions. The Parties shall meet and confer regarding 18 proposed jury instructions and jury verdict forms. See Section IV below. 19 IV. PROPOSED JURY INSTRUCTIONS AND JURY VERDICT FORMS 20 11. Not less than seven (7) court days in advance of the trial date, the Parties shall 21 exchange copies of proposed jury instructions and jury verdict forms. 22 12. The Parties shall review and comply with the provisions of the California Rules of 23 Court (“CRC”) regarding the form of proposed jury instructions. See CRC Rule 2.1050 et seq. 24 13. Following the Advance Trial Conference and the meet and confer regarding the 25 proposed jury instructions and jury verdict forms, the Parties shall lodge a list and copies of 26 proposed jury instructions and jury verdict forms at first appearance for trial. The proposed 27 jury instructions and jury verdict forms shall be divided into two sets for the Court. The 28 first set being agreed jury instructions and verdict forms and the other set being disputed jury

• 5 -

1 instructions and verdict forms. No party shall file or lodge jury instructions and/or jury 2 verdict separately in any other manner. Each Party’s authorities on contested jury instructions 3 are to be noted on the instructions or verdict forms. No duplicates should be provided. No 4 “blank” or incomplete jury instructions or jury verdict forms should be provided. 5 V. VOIR DIRE 6 14. The Court will conduct the initial voir dire examination of the initial group of 7 prospective jurors using a “14 Pack” method (12 in the jury box and 14 in the first row of the 8 audience gallery) or such other number of prospective jurors as the Court may direct. The 9 Parties will have the opportunity to conduct further examination within reasonable time limits 10 (typically 30 minutes to one hour per side) by asking questions reasonably calculated to discover 11 bias or prejudice with regard to the circumstances of the particular case or the parties before the 12 Court, in accordance with Code of Civil Procedure section 223. The 13 Court may permit additional reasonable time to conduct examination of the prospective jurors for 14 good cause shown. A Party may not directly or indirectly argue their cases during voir dire. 15 While some reasonable introductory narrative may be appropriate and permissible in connection 16 with voir dire and framing hypothetical questions, the Parties are cautioned to avoid lengthy 17 recitations of the law and attempts to precondition the jury panel as to what the law may or may 18 not require. 19 15. Two alternates are normally selected on cases with average time estimates. 20 16. Any request pursuant to CRC Rule 3.1540 regarding additional questions that the 21 Court will put to the jurors shall be in writing, lodged at first appearance for trial. 22 17. The Parties are admonished to be mindful of the following in conducting voir dire 23 examination: 24 a. Do not repeat the Court’s questions. 25 b. Use group questions to avoid undue consumption of time. 26 c. Do not ask questions regarding hardship or personal comfort of jurors. 27 d. The Court will not allow needless, repetitive questions, or permit pre- 28 instruction, or pre-argument by a Party. “If I prove…” questions will not be allowed.

• 6 -

1 VI. GENERAL COURTROOM DECORUM 2 18. All Parties are expected to conduct themselves with civility, dignity and decorum 3 at all times. Disruptive tactics or uncivil conduct are not acceptable. 4 19. Colloquy between the Parties on the record or at sidebar is not permitted. All 5 remarks should be addressed to the Court rather than to the opposing Party unless the Court 6 invites the Parties to confer directly on a matter. 7 20. The Parties shall not engage in any activity at their table, move about the 8 courtroom or otherwise engage in other conduct so as to cause distraction while the opposing 9 Party is arguing or questioning a witness. No Party should indicate approval, disapproval, or 10 otherwise react to any testimony or argument in a distracting or discourteous manner. 11 VII. OPENING STATEMENTS 12 21. All Parties must show or exchange and meet and confer regarding any visuals, 13 graphics, or exhibits to be used in the opening statements, allowing for time to work out 14 objections and any necessary revisions. Opening statements should be limited to a summary of 15 what a Party expects the evidence to show. 16 VIII. WITNESSES 17 22. Each Party is responsible for informing their witnesses of the substance of any in 18 limine orders potentially implicated by that witnesses’ testimony, including, but not limited to, 19 advising the witness as to any matters that Court has ordered excluded or not to be addressed 20 during trial. The Parties are encouraged to request a sidebar in the event they believe a particular 21 line of inquiry may implicate any of the Court’s prior rulings on motions in limine. 22 23. As a general rule, the side presenting evidence is to have witnesses available to 23 fill the entire court day. If a party “runs out of witnesses,” the Court may use its discretion to 24 have witnesses testify out of order or impose other appropriate remedies, including deeming a 25 Party’s presentation of evidence rested. 26 24. Each side is to notify the opposing side, no later than the end of each court day, 27 the names of all witnesses that the Party expects to call the following court day. 28 / / /

• 7 -

1 IX. OBJECTIONS 2 25. Speaking objections are not permitted when the jury is present unless the Court 3 requests argument or clarification in open court. A Party seeking to present argument may 4 request a sidebar conference. The Court will permit a Party, upon request, to make a more 5 complete record of any objections at the appropriate time and outside the presence of the jury. 6 X. CLOSING ARGUMENTS 7 26. If a Party intends to publish the Court’s jury instructions or excerpts therefrom, 8 the published instruction or excerpt must be verbatim with a reference to the applicable jury 9 instruction number. Parties shall not display misquoted or incomplete jury instructions. 10 XI. ADDITIONAL CASE SPECIFIC ORDERS 11 27. Not Applicable. 12 XII. NOTICE REGARDING COMPLIANCE WITH ORDERS 13 28. All Parties are admonished that the failure to timely comply with any current 14 orders regarding the conduct of trial, including, but not limited to, the orders made herein, the 15 Court’s Local Rules, the CRC, the Code of Civil Procedure or any other applicable rules or 16 procedures (the “Applicable Rules”) may bar them from presenting evidence at the trial. 17 29. All Parties are further admonished that a failure to timely comply with all 18 Applicable Rules and/or conduct which frustrates or obstructs such orders may result in the 19 imposition of sanctions against you, including, but not limited to, monetary sanctions up to 20 $1,500 pursuant to Code of Civil Procedure section 177.5. In addition, if you fail to comply with 21 such orders, the Court may make orders adversely affecting your rights and/or resulting in other 22 sanctions or penalties against you. 23 30. As relates to the filing, service or other presentation of papers in connection with 24 the trial, a failure to timely comply with all Applicable Rules may result in the Court 25 disregarding such paper(s) or denying the relief requested (or granting relief sought by an 26 opposing Party). 27 IT IS SO ORDERED.

28

• 8 -