Contra Costa — Dept. 34 Standing Order for Court Trials

Source: https://contracosta.courts.ca.gov/system/files/general/d34_standing-order-civil-court-trials-long-cause-issue-conference.pdf

1 SUPERIOR COURT OF CALIFORNIA COUNTY OF CONTRA COSTA 2 ATTACHMENT A - PRE-TRIAL ORDERS - LONG CAUSE COURT TRIAL (Rev. 6/24/26) 3 (ISSUE CONFERENCE SET) 4 SUMMARY OF DEADLINES1 5 Deadline Requirements 6 Ten (10) calendar days in advance of File and serve motions in limine the Issue Conference 7 Five (5) calendar days in advance of File and serve Witness List 8 the Issue Conference File and serve oppositions to motions in limine 9 Seven (7) court days in advance of the Exchange copies of all potential trial exhibits trial 10 Three (3) court days in advance of the Conduct Advance Trial Conference per Section III of these Pre-Trial Orders11 trial Notify department clerk regarding any party or witness needing an interpreter12 4:00 pm one (1) court day in advance Lodge binder(s) with motion in limine papers 13 of the trial Parties to meet and confer on each motion in limine and advise the Court which, if any, 14 motions are uncontested File and serve any written objections to 15 discovery to be proffered in evidence at trial 16 First appearance for trial 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 schedule 19 Lodge exhibit binders with master exhibit list 20 I.21

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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 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, among other things, to estimate the length of trial. For that 6 reason, it should only include those persons who will likely be testifying. Omitting a name in 7 good faith will not bar the witness from being used; this is not a discovery mechanism. A 8 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

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

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

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1 designations and declarations which shall be provided in a binder and lodged at first 2 appearance for trial. 3 g. Detailed Trial Schedule. The Parties shall meet and confer regarding 4 preparation of a joint hour-by-hour proposed schedule for the trial (the “Proposed Trial 5 Schedule”). The Proposed Trial Schedule shall be lodged at first appearance for trial. 6 IV. GENERAL COURTROOM DECORUM 7 11. All Parties are expected to conduct themselves with civility, dignity and decorum 8 at all times. Disruptive tactics or uncivil conduct are not acceptable. 9 12. The Parties shall not engage in any activity at their table, move about the 10 courtroom or otherwise engage in other conduct so as to cause distraction while the opposing 11 Party is arguing or questioning a witness. No Party should indicate approval, disapproval, or 12 otherwise react to any testimony or argument in a distracting or discourteous manner. 13 V. WITNESSES 14 13. Each Party is responsible for informing their witnesses of the substance of any in 15 limine orders potentially implicated by that witnesses’ testimony, including, but not limited to, 16 advising the witness as to any matters that Court has ordered excluded or not to be addressed 17 during trial. The Parties are encouraged to request a sidebar in the event they believe a particular 18 line of inquiry may implicate any of the Court’s prior rulings on motions in limine. 19 14. As a general rule, the side presenting evidence is to have witnesses available to 20 fill the entire court day. If a party “runs out of witnesses,” the Court may use its discretion to 21 have witnesses testify out of order or impose other appropriate remedies, including deeming a 22 Party’s presentation of evidence rested. 23 15. Each side is to notify the opposing side, no later than the end of each court day, 24 the names of all witnesses that the Party expects to call the following court day. 25 VI. ADDITIONAL CASE SPECIFIC ORDERS 26 16. Not Applicable. 27 VII. NOTICE REGARDING COMPLIANCE WITH ORDERS 28 17. All Parties are admonished that the failure to timely comply with any current

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1 orders regarding the conduct of trial, including, but not limited to, the orders made herein, the 2 Court’s Local Rules, the CRC, the Code of Civil Procedure or any other applicable rules or 3 procedures (the “Applicable Rules”) may bar them from presenting evidence at the trial. 4 18. All Parties are further admonished that a failure to timely comply with all 5 Applicable Rules and/or conduct which frustrates or obstructs such orders may result in the 6 imposition of sanctions against you, including, but not limited to, monetary sanctions up to 7 $1,500 pursuant to Code of Civil Procedure section 177.5. In addition, if you fail to comply with 8 such orders, the Court may make orders adversely affecting your rights and/or resulting in other 9 sanctions or penalties against you. 10 19. As relates to the filing, service or other presentation of papers in connection with 11 the trial, a failure to timely comply with all Applicable Rules may result in the Court 12 disregarding such paper(s) or denying the relief requested (or granting relief sought by an 13 opposing Party). 14 IT IS SO ORDERED.

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