San Mateo — Pretrial Order for NON-COMPLEX Jury Trials

Source: https://sanmateo.courts.ca.gov/system/files/civil/pretrial-order-non-complex-jury-trials-department-2.pdf

Sparse pages use OCR; original PDF remains authoritative.

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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN MATEO 10

11 , Case No. 12 Plaintiff, Assigned for all purposes to: 13 Hon. Mark A. McCannon v. 14 PRETRIAL ORDER NO. 1 , 15 Defendants. 16

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1 To ensure that the Court, the parties, and the witnesses are prepared to begin the trial on the 2 actual date the trial is scheduled, the Court, pursuant to its inherent authority, HEREBY ORDERS 3 THAT: 4

5 TRIAL, PTC, AND MSC

6 1. Trial. The trial is scheduled for ________ at 9:00 a.m. Trial days are Monday, 7 Tuesday, and Friday. All trial counsel for each party are to appear in person. 8 2. Pretrial Conference. The Pretrial Conference (“PTC”) is scheduled for 9 ___________ at _____ a.m./p.m. Lead trial counsel must appear in person. 10 3. Mandatory Settlement Conference. The Mandatory Settlement Conference11

(“MSC”) is scheduled for _______________ at 9:00 a.m. before a judge to be determined. The12

13 judge assigned to handle the MSC will communicate with the parties to confirm the date and time

14 of the conference.

15 4. Court reporter. The Court may not be able to provide a court reporter for the 16 Pretrial Conference or Trial. Any party that wishes to have a court reporter for the Pretrial 17 Conference or Trial may bring their own reporter if the Court is unable to provide one. Before a 18 party may bring their own court reporter to a proceeding, that party MUST comply with Local19

20 Rule 2.12. Otherwise, a court reporter is WAIVED.

21 5. Location. Please note that the Court is now in Courtroom K of the South San

22 Francisco Courthouse located at 1050 Mission Road, South San Francisco, California. Any 23 hardcopy materials for the Court, including pretrial materials, should be delivered there. 24

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1 PRETRIAL DEADLINES AND REQUIREMENTS 2 6. Parties are ordered to comply with the following deadlines: 3

4 EVENT DEADLINE Meet and confer regarding pretrial conference, including 21 days before PTC 5 witness and exhibit lists, exhibits, motions in limine, 6 deposition designations, jury instructions, verdict forms, jury questionnaire (if any), statement of the case. 7 Serve, but NOT file: 5 days before PTC 8 1. Motions in limine 2. Witness lists 9 3. Exhibit lists 10 4. Deposition designations 5. Jury Instructions 11 6. Verdict forms 12 File and deliver hard copies to the court: 3 court days before 1. Joint pretrial conference statement PTC13 2. One (1) set of binders with the following: a) Statement of the case14 b) Exhibit list 15 c) Witness list d) List of jury instructions 16 e) Proposed jury instructions f) Proposed verdict form 17 g) Deposition designations with objections and responses18 3. Joint binder with deposition designations and 19 objections, and highlighted transcripts (deliver, not file) 20 4. Binder with motions in limine and oppositions. 21 Pretrial Conference 14 days before Trial

22 Deliver three (3) sets of joint trial exhibit binders and The day of Trial 23 thumb drives to the Court.

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25 7. The parties must make every effort to resolve pretrial and trial issues early. While

26 the Court understands that trial is not entirely predictable, the parties must frontload all

27 evidentiary and legal disputes to the extent possible. Issues that surface unnecessarily on the eve 28 PRETRIAL ORDER NO. 1 2

1 of trial or during trial waste the Court’s time and are strongly disfavored. With this understanding, 2 all deadlines and requirements are subject to modification at the discretion of the Court. 3 MEET AND CONFER 4

5 8. All parties must meet and confer in person or videoconference regarding motions

6 in limine, jury instructions, verdict form(s), jury questionnaire (if any), a statement of the case,

7 witness lists, deposition designations, exhibit lists, exhibits, and a pretrial conference statement, 8 and any other issues that may arise at trial no later than 21 days before the PTC. If the parties 9 wish to meet and confer by telephone, they must obtain permission from the Court. The Court 10 expects meaningful meet and confer in accordance with the following guidelines available at 11

http://www.calbar.ca.gov/Portals/0/documents/ethics/Civility/Atty-Civility-Guide-12

13 Revised_Sept-2014.pdf.

14 9. During the meet and confer, the parties must engage in a good faith effort to: 15 a. Resolve any issues parties intend to raise in the motions in limine; 16 b. Resolve any disputes over the jury instructions; 17 c. Resolve any disputes over the verdict form(s); 18 d. Agree on a proposed jury questionnaire (if any);19

20 e. Agree on a proposed statement of the case to be read to the jury during voir dire;

21 f. Resolve any disagreements over witnesses, including deposition designations, and

22 exhibits to be introduced at trial; and 23 g. Stipulate to any relevant facts that can be incorporated into the record without 24 supporting testimony or exhibits. 25

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1 10. Wherever possible, the parties shall stipulate to the admissibility of any exhibits. If 2 a stipulation is not possible, then the parties shall make every effort to stipulate to the 3 authenticity and foundation for an exhibit absent a legitimate objection. 4

5 EXHIBITS AND EXHIBIT LIST

6 11. Each party must prepare a list of all exhibits to be offered at trial, other than those 7 to be used for impeachment or rebuttal, for submission with one extra copy to the courtroom 8 clerk on the first day of trial. The list must identify as separate exhibits each discrete document 9 or item to be offered at trial and must include a brief description of each exhibit sufficient to 10 distinguish it from the other exhibits. 11 12 12. Exhibit lists must be exchanged by parties, at least 5 days before the PTC.

13 13. The exhibit list must be in tabular form and contain the following:

14 a. Exhibit number;

15 b. Brief description of the exhibit (with any bates numbers if they exist); 16 c. Sponsoring witness; 17 d. Date marked for identification (left blank); 18 e. Date admitted into evidence (left blank); and19

20 f. Whether admissibility is stipulated.

21 No. Description Stipulation Witness Date Date

22 marked admitted

23 1. Photo, Honda, bumper, Yes DEF005224 25 2. Text message from Defendant to Plaintiff, No 26 DEF0003 27

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2 14. Each trial exhibit shall be clearly pre-marked with the trial exhibit number. The 3 defendant’s exhibit numbers shall be sequenced to begin after the plaintiff’s exhibit numbers. 4 15. Exhibits shall be numbered. NO letters may be used. The parties must agree on a 5 block of numbers to fit the needs of the case (e.g., the plaintiff has exhibits 1-100; the defendant 6

7 has exhibits 101-200), and make a good faith effort to avoid marking the same exhibit in their

8 respective blocks. If the exact same exhibit is marked by more than one party, then the

9 defendant shall withdraw the duplicative exhibit (but should not renumber its portion of the 10 exhibit list). If there is any dispute over which portions of an overlapping exhibit should be 11 introduced into evidence, the parties shall meet and confer in an attempt to informally resolve 12 the issue. If the parties are unable to informally resolve the dispute, then each party shall submit 13

its disputed exhibit with the Joint Pretrial Conference Statement and explain, in no more than14

15 one double-spaced page, why the Court should use its proposed exhibit.

16 16. Multi-page exhibits must be paginated or bates numbered. 17 17. To avoid any party claiming “ownership” of an exhibit, all exhibits shall be 18 marked and referred to as “Trial Exhibit No. ___” – and NOT as “Plaintiff’s Exhibit” or 19 “Defendant’s Exhibit.” 20 18. Each party must provide the Court with three (3) complete set of exhibits the party21

22 intends to introduce at trial in both hard copy in tabbed binders and on a thumb drive the day of

23 Trial. Each party will be expected to place the official exhibit stamp on each document; the

24 exhibit tabs may be obtained from the courtroom clerk. The Court may require additional copies 25 of those exhibits for trial, including separate exhibit binders for each witness. 26

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1 19. The parties must meet and confer to eliminate duplicate exhibits and stipulate 2 whenever possible to authenticity and admissibility. 3 4 20. Any exhibit not identified on a party’s exhibit list is subject to exclusion. In

5 exercising this discretion, the Court will consider whether the exhibit is solely being used for

6 impeachment.

7 21. Redaction of Exhibits. If medical, personal, or consumer records are involved, the 8 parties are to delete any information that the parties agree should not come into evidence, 9 including insurance information, so that such information is not received by the jury. The 10 proponent must then prepare clean copies of the records for submission into evidence. 11

WITNESS LIST12

13 22. Each party must file a list of all the witnesses the party intends to call at trial with

14 the Joint Pretrial Conference Statement.

15 23. The witness list must be in tabular form and contain the following: 16 a. Name of the witness; 17 b. Title of the witness, if any; 18 c. Brief description of the subject matter of the witness’ anticipated testimony; and19

20 d. Estimated length of the direct examination, cross-examination, and rebuttal.

21 Witness Title Testimony Time

22 1. Allan, Joe Plaintiff’s father Collision 0.5 hrs 23 2. Blake, John, M.D. Treating Past and future 1 hr 24 neurosurgeon treatment; cost

25 3. Coi, Lawrence CHP Officer Collision 0.5 hrs

26 DEPOSITION DESIGNATIONS27

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1 24. If any party wishes to designate deposition testimony in lieu of live testimony for 2 any witness, then that party must provide their proposed designations to the opposing parties at 3 least 5 days before PTC. The parties are encouraged to resolve as many disputes over the 4

5 designations by stipulation as possible.

6 25. The parties must file a joint pleading with their proposed deposition designations, 7 any objections to those designations, and any responses to those objections, 3 court days before 8 PTC. Objections or responses may be no longer than one page. 9 26. The parties must also submit to the Court joint tabbed binder(s) with the proposed 10 deposition designations. Each tab should represent the testimony of a single witness. The 11

proposed deposition designations must be highlighted in yellow with any objections bracketed12

13 in red. The binders must include the pleading with the proposed designations and objections.

14 27. Absent good cause, the deposition testimony of each witness shall be introduced 15 only once. In other words, all deposition designations shall be presented together all at once 16 rather than as part of each party’s case. 17 28. Any witness who is not identified on a party’s witness list or any deposition 18 testimony that has not been submitted to the Court is subject to exclusion in the reasonable19

20 exercise of the Court’s discretion.

21 JURY INSTRUCTIONS

22 29. The parties shall file a joint set of proposed jury instructions, arranged in the order 23 the parties propose the Court give the instructions. 24 30. The parties are invited to use the Judicial Council of California Civil Jury 25 Instructions (CACI). Any modifications made to a form instruction must be plainly identified. 26

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1 31. Instructions upon which the parties agree shall be identified as “Stipulated 2 Instruction No. ___ Re: _____________,” with blanks filled in as appropriate. 3 4 32. If the parties disagree on an instruction, each party’s proposed version of the

5 disputed instruction shall be provided and identified as “Disputed Instruction No. ___ Re:

6 ________ Offered by __________,” with blanks filled in as appropriate. All proposed versions

7 of the same instruction shall bear the same number. Following each disputed instruction, each 8 party shall explain, in no more than one page, why the Court should give that party’s proposed 9 instruction or why the instruction should or should not be given. 10 33. Any changes to the proposed jury instructions ordered by the Court must be made11

by the parties and submitted to the Court by the deadline set by the Court at the PTC or by any12

13 other deadline set by the Court.

14 VERDICT FORM(S)

15 34. The parties shall file either joint proposed verdict form(s) or, if they disagree, 16 separate proposed verdict forms with the Joint Pretrial Conference Statement. 17 35. Any changes to the proposed verdict form(s) ordered by the Court must be made 18 by the parties and submitted to the Court in Word format by the deadline set at the PTC or by19

20 any other deadline set by the Court.

21 VOIR DIRE AND JURY QUESIONNAIRE (IF ANY)

22 36. The Court will conduct the initial voir dire guided by the Standards of Judicial 23 Administration § 3.25(c). If the parties want the Court to ask any particular questions from 24 those Standards or any additional questions, they should jointly submit those questions (and any 25 objections) with the Joint Pretrial Conference Statement. 26

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1 37. If the parties wish to use a jury questionnaire, the parties must file a joint proposed 2 jury questionnaire or, if they disagree, separate proposed jury questionnaires with the Joint 3 Pretrial Conference Statement. 4

5 PROPOSED STATEMENT OF THE CASE

6 38. The parties must file a joint proposed statement of the case to be read to the jury 7 during voir dire, or, if they disagree, separate proposed statements of the case. Unless the case 8 is very complex, this statement should not exceed one-page double spaced. The statement 9 should be neutral rather than argumentative. The parties shall also include the names of 10 attorneys and witnesses to be read to the jury. See Standards of Judicial Administration § 11

3.25(b).12

13 MOTIONS IN LIMINE

14 39. The parties shall meet and confer no later than twenty-one (21) days before the PTC 15 to determine whether any evidentiary issues may be resolved by stipulation. No party may file a 16 motion in limine (“MIL”) without first making a good faith effort to resolve/narrow the 17 evidentiary issue with the opposing party. 18 40. MILs not to be filed. Administrative and other motions not seeking to exclude19

20 specific evidence, e.g., excluding witnesses from the courtroom, requesting 24 hours’ notice of

21 calling a witness, a review of demonstrative exhibits to be used at opening or closing, excluding

22 speculative evidence, excluding evidence not produced in discovery (when that is the sole reason 23 offered), precluding “reptile theory” arguments, should not be subject of an MIL. An MIL which 24 argues that “no evidence on an issue should be introduced because there is no evidence on the 25 issue” or because “there is other evidence that conflicts with the evidence sought to be 26 suppressed” are not proper MILs. A “judge generally should not be weighing the evidence on a27

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1 motion in limine.” Kinda v. Carpenter (2016) 247 Cal. App. 4th 1268, 1282, citing R & B Auto 2 Ctr., Inc. v. Farmers Grp., Inc. (2006) 140 Cal. App. 4th 327, 371 (MILs “may not be used to 3 resolve factual issues”). 4

5 41. MILs seeking to preclude evidence must specify it. “Motions in limine are properly

6 used to determine whether specific evidence should be admitted or precluded.” R & B Auto Ctr.,

7 Inc. v. Farmers Grp., Inc. (2006) 140 Cal. App. 4th 327, 371; Ulloa v. McMillin Real Est. & 8 Mortg., Inc. (2007) 149 Cal. App. 4th 333, 338 (“particular items of evidence”); Schweitzer v. 9 Westminster Invs., Inc. (2007) 157 Cal. App. 4th 1195, 1214 (“specific objection to particular 10 evidence”); see also Evid. C. § 353 (objections must be “specific” to be preserved). 11 12 42. MILs must be served 5 days before the PTC.

13 43. MILs and their oppositions must be e-filed with the Clerk’ Office no later three (3)

14 court days before the PTC. No replies will be permitted without leave of the Court.

15 44. Each party must submit a tabbed binder with its MILs in numerical order with the 16 opposition immediately behind the motion within the same tab. The MIL and its opposition must 17 be separated by a colored sheet of paper. The binders must be submitted to the Court with the 18 Joint Pretrial Conference Statement.19

20 45. Each MIL should address a single, separate topic and shall be limited to five (5)

21 pages in length unless otherwise permitted by the Court. Each motion should be clearly identified

22 as “__________’s MIL No. ___ Re: ____________,” with the blanks filled in as appropriate. 23 46. Each opposition is also limited to five (5) pages unless otherwise permitted by the 24 Court. 25

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1 47. Each party must also submit a hard copy and a Word version of all proposed orders. 2 Each proposed order must provide enough specificity that a witness will be able to understand 3 what testimony is prohibited. 4

5 48. Violations of in limine orders. Parties must instruct their witnesses on the relevant

6 in limine orders. Where a party “willfully and repeatedly violated the trial court's orders in

7 limine” to the prejudice of the other side, the action may be dismissed. Osborne v. Todd Farm 8 Serv. (2016) 247 Cal. App. 4th 43, 54 (“repeatedly attempting to solicit testimony that had been 9 excluded”). See also Martinez v. Dep't of Transportation (2015) 238 Cal. App. 4th 559, 561 (the 10 trial court failed to terminate the case, but should have). 11 12 49. The motions will be heard at the PTC or at such other time as the Court may direct.

13 JOINT PRETRIAL CONFERENCE STATEMENT

14 50. The parties shall file a Joint Pretrial Conference Statement at least 14 days before 15 the PTC that contains: 16 a. Substance of the Action: A brief description of the parties, the claims and defenses 17 that remain to be decided (including whether any issues are for the Court to decide 18 rather than the jury), and the operative pleading, including the date of filing, that19

20 raises these claims and defenses.

21 b. Relief Requested: A detailed statement of all requested relief that itemizes all

22 elements of damages claimed. 23 c. Undisputed Facts: A plain and concise statement of all relevant facts to which the 24 parties will stipulate for incorporation into the record without supporting testimony 25 or exhibits or that are undisputed. 26

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1 d. Settlement Discussions: A brief description of the efforts the parties have made to 2 settle and whether the parties believe that further negotiations are likely to be 3 productive and what, if anything, would facilitate settlement. 4

5 e. Estimate of Trial Length: An estimate of the number hours needed for the

6 presentation of each party’s case.

7 f. Miscellaneous: Any other matters that will facilitate the just, speedy, and efficient 8 resolution of the case. 9 51. The parties shall include the following documents in accordance with this order 10 with their Joint Pretrial Conference Statement: 11

a. Proposed jury instructions12

13 b. Proposed verdict form(s)

14 c. Proposed jury questionnaire (if any)

15 d. Proposed statement of the case 16 e. Witness list 17 f. Deposition designations, with objections, and responses 18 g. Exhibit list19

20 h. Binder(s) containing the parties’ deposition designations, with the testimony to be

21 introduced highlighted in yellow and any objections bracketed in red; and

22 i. Binder(s) container each party’s motions in limine, any oppositions, and any 23 supporting declarations or requests for judicial notice in support of or opposition to 24 the motions. 25

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1 52. The parties shall also email the witness lists, exhibit lists, proposed jury 2 instructions, proposed verdict form(s), proposed jury questionnaire (if any), proposed statement 3 of the case, and proposed orders in Word format to the Court. 4

5 PRETRIAL CONFERENCE

6 53. A Pretrial Conference will occur at least 14 days before the Trial Date. Lead trial 7 counsel for each party must attend in person. 8 54. At the Pretrial Conference, each party must be prepared to argue and discuss: 9 a. Motions in limine; 10 b. Jury instructions;11

c. Voir dire;12

13 d. Jury questionnaire (if any);

14 e. Verdict form(s);

15 f. Proposed statement of the case; 16 g. Witnesses, including proposed deposition designations; 17 h. Exhibits; 18 i. Stipulations; and19

20 j. Any other issues relating to the trial.

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22 IT IS SO ORDERED. 23

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25 DATED: ___________ HON. MARK A. MCCANNON26 JUDGE OF THE SUPERIOR COURT 27

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