San Mateo — Pretrial Order - Jury Trials

Source: https://sanmateo.courts.ca.gov/system/files/civil/dept28_pretrial_order-jury_trials.pdf

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

10 NAME, Case No.: ________________ 11 Plaintiff(s), Assigned for all purposes to the Hon. Nicole S. Healy, Department 2812 v.

13 NAME, PRETRIAL ORDER NO. 1

14 Defendant(s.) MSC Date: ____________ Trial Date: ____________15 Pretrial Conf.: _________ 16 Action Filed: __________

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18 WHEREAS the Court wishes to ensure that the Court, the parties, and the witnesses in all civil

19 cases are prepared to begin the trial on the actual date that the trial is scheduled; and

20 WHEREAS the Court wishes to establish clear and uniform requirements for pretrial

21 conferences and trials in all civil cases;

22 Pursuant to the Court’s inherent authority, IT IS HEREBY ORDERED THAT:

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1 INTRODUCTION

2 1. A summary of the deadlines established by this order is provided below:

3 SUMMARY TABLE OF DEADLINES

4 EVENT DEADLINE 5 Serve (but not file): At least 42 days before the Pretrial Conference 6 1. Proposed motions in limine; 2. Proposed jury instructions; 7 3. Proposed verdict form(s); 8 4. Proposed witness lists; and 5. Proposed exhibit lists 9 Meet and confer regarding pretrial At least 35 days before the Pretrial 10 conference – including motions in limine, Conference proposed jury instructions, proposed juror 11 questionnaire (if any), proposed verdict forms, proposed statement of the case, and 12 witness and exhibit lists

File and serve motions in limine and At least 21 days before the Pretrial13
oppositions to motions in limine Conference

14 Parties must file joint pretrial conference At least 14 days before the Pretrial statement, and provide to the Court one (1) Conference 15 set of BINDERS NO MORE THAN 2½ INCHES WIDE – with the following: 16 1. Proposed jury instructions; 17 2. Proposed verdict form(s); 3. Proposed voir dire and juror 18 questionnaire (if any); 19 4. Proposed statement of the case; 5. Witness lists; 20 6. Exhibit lists, including any disputed exhibits; 21 7. Motions in limine, oppositions, and 22 supporting declarations or requests for judicial notice; and 23 8. Deposition designations and objections 24 Pretrial Conference will be held At least 14 days before the Trial Date Deliver to the Court at least three (3) sets of At least 14 days before the Trial Date25 trial exhibits in BINDERS NO MORE THAN 2½ INCHES WIDE – and on a26 thumb drive 27

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1 2. The parties must make every effort to raise and, if possible, resolve pretrial and trial

2 issues early. While the Court understands that trial is not entirely predictable, the parties must

3 frontload all evidentiary and legal disputes to the extent possible. Issues that surface unnecessarily on

4 the eve of trial or during trial waste the jury’s time and are strongly disfavored. With this

5 understanding, ALL DEADLINES AND REQUIREMENTS IMPOSED BY THIS ORDER ARE

6 SUBJECT TO MODIFICATION AT THE DISCRETION OF THE COURT.

7 MOTIONS IN LIMINE

8 3. The parties are encouraged to resolve trial issues with one another as soon as possible.

9 The parties shall meet and confer no later than thirty-five (35) days before the Pretrial Conference to

10 determine whether any evidentiary issues may be resolved by stipulation. No party may file a motion

11 in limine without first making a good faith effort to resolve the evidentiary issue with the opposing

12 party.

13 4. Motions in limine and their oppositions must be e-filed with the Clerk’ Office no later

14 than twenty-one (21) days before the Pretrial Conference. No replies will be permitted without leave of

15 the Court.

16 5. Each party must submit a tabbed binder with its motions in limine in numerical order

17 with the opposition immediately behind the motion within the same tab. Any declarations or requests

18 for judicial notice submitted by the parties in support of or in opposition to the motions in limine along

19 with any attached exhibits must be submitted in a separate tabbed binder. The binders must be

20 submitted to the Court with the Joint Pretrial Conference Statement.

21 6. Each motion in limine should address a single, separate topic and shall be limited to five

22 (5) pages in length unless otherwise permitted by the Court. Each motion should be clearly identified

23 as “__________’s Motion in Limine No. ___ Re: ____________,” with the blanks filled in as

24 appropriate.

25 7. Each opposition is also limited to five (5) pages unless otherwise permitted by the Court.

26 8. Each party shall file only one (1) declaration and/or one (1) request for judicial notice to

27 support all motions in limine, and one (1) declaration and/or one (1) request for judicial notice to

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1 support all oppositions to motions in limine. The parties need not include a copy of the operative

2 complaint.

3 9. Each party must also submit a hard copy and a Word version of all proposed orders.

4 Each proposed order must provide enough specificity that a witness will be able to understand what

5 testimony is prohibited.

6 10. The motions will be heard at the Pretrial Conference or at such other time as the Court

7 may direct.

8 JURY INSTRUCTIONS

9 11. The parties shall file a joint set of proposed jury instructions, arranged in the order the

10 parties propose the Court give the instructions, with the Joint Pretrial Conference Statement. The

11 parties must include copies of the actual instructions and NOT merely a list of instruction numbers.

12 12. The parties are invited to use the Judicial Council of California Civil Jury Instructions

13 (CACI). Any modifications made to a form instruction must be plainly identified.

14 13. The Court will give copies of the final instructions to the jury to review during

15 deliberations. There, the parties are not to include headings indicating which party requested the

16 instruction, or whether the instruction was given as proposed, modified, or rejected. Rather the top of

17 the first page of each instruction should include only the CACI number and title. The footer may

18 include the case name and number and page number.

19 14. Instructions upon which the parties agree shall be identified as “Stipulated Instruction

20 No. ___ Re: _____________,” with blanks filled in as appropriate.

21 15. If the parties disagree on an instruction, each party’s proposed version of the disputed

22 instruction shall be provided and identified as “Disputed Instruction No. ___ Re: ________ Offered by

23 __________,” with blanks filled in as appropriate. All proposed versions of the same instruction shall

24 bear the same number. Following each disputed instruction, each party shall explain, in no more than

25 one page, why the Court should give that party’s proposed instruction or why the instruction should or

26 should not be given.

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1 16. Any changes to the proposed jury instructions ordered by the Court must be made by the

2 parties and submitted to the Court by the deadline set by the Court at the Pretrial Conference or by any

3 other deadline set by the Court.

4 VERDICT FORM(S)

5 17. The parties shall file either joint proposed verdict form(s) or, if they disagree, separate

6 proposed verdict forms with the Joint Pretrial Conference Statement.

7 18. Any changes to the proposed verdict form(s) ordered by the Court must be made by the

8 parties and submitted to the Court in Word format by the deadline set at the Pretrial Conference or by

9 any other deadline set by the Court.

10 VOIR DIRE AND JURY QUESTIONNAIRE (IF ANY)

11 19. The Court will conduct the initial voir dire guided by the Standards of Judicial

12 Administration, standard 3.25(c). If the parties want the Court to ask any particular questions from

13 those Standards or any additional questions, they should jointly submit those questions (and any

14 objections) with the Joint Pretrial Conference Statement.

15 20. If the parties wish to use a jury questionnaire, the parties must file a joint proposed jury

16 questionnaire or, if they disagree, separate proposed jury questionnaires with the Joint Pretrial

17 Conference Statement. The Court’s preference is not to have a questionnaire.

18 PROPOSED STATEMENT OF THE CASE

19 21. The parties must file a joint proposed statement of the case to be read to the jury during

20 voir dire with the Joint Pretrial Conference Statement. Unless the case is very complex, this statement

21 should not exceed one-page double spaced. The statement should be neutral rather than argumentative.

22 The parties shall also include the names of attorneys and witnesses to be read to the jury. (See

23 Standards of Judicial Administration, standard 3.25(b).)

24 WITNESS LISTS

25 22. Each party must file a joint list of all the witnesses that the party intends to call at trial

26 with the Joint Pretrial Conference Statement.

27 23. The joint witness list must be in tabular form and contain the following:

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1 a. Name of the witness;

2 b. Title of the witness, if any;

3 c. Brief description of the subject matter of the witness’ anticipated testimony; and

4 d. Estimated length of the direct examination, cross-examination, and any redirect, and

5 cross-redirect.

6 e. The parties shall also submit their deposition designations and objections with the Joint

7 Pretrial Conference Statement. The parties must submit copies of the excerpts of the

8 designated portions of the deposition transcripts, NOT a list of page and line

9 numbers.

10 f. The parties must jointly submit one binder with a joint pleading that has the

11 designations, objections and responses followed by tabs for each witness with the

12 designation highlighted in yellow and any objections bracketed in red. The

13 designating party shall provide the opposing parties the designation(s) and

14 highlighted sections two weeks before the statement is due. The parties shall then

15 meet-and-confer about any objections at least five days before the binder is due.

16 Unless a party can demonstrate good cause, the deposition of each witness shall be

17 introduced only once, i.e., all parties’ designations will be presented together rather

18 than in each party’s case.

19 24. Any witness who is not identified on a party’s witness list is subject to exclusion in the

20 reasonable exercise of the Court’s discretion.

21 TRIAL EXHIBITS

22 25. Each trial exhibit must be clearly pre-marked with the trial exhibit number. The back of

23 the last page of each trial exhibit must include the completed Court exhibit tag. (See Appendix A.)

24 The trial exhibit list must begin with the plaintiff’s first exhibit number. Defendant’s exhibit numbers

25 must be sequenced to begin after the plaintiff’s exhibit numbers. DO NOT identify the exhibits as

26 plaintiff’s or defendant’s.

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1 26. Exhibits shall be numbered. NO letters may be used. The parties must agree on a block

2 of numbers to fit the needs of the case (e.g., the plaintiff has exhibits 1-100; the defendant has exhibits

3 101-200), and make a good faith effort to avoid marking the same exhibit in their respective blocks. If

4 the exact same exhibit is marked by more than one party, then the defendant shall withdraw the

5 duplicative exhibit (but should not renumber its portion of the exhibit list). If there is any dispute over

6 which portions of an overlapping exhibit should be introduced into evidence, the parties shall meet and

7 confer in an attempt to informally resolve the issue. If the parties are unable to informally resolve the

8 dispute, then each party shall submit its disputed exhibit with the Joint Pretrial Conference Statement

9 and explain, in no more than one double-spaced page, why the Court should use its proposed exhibit.

10 27. To avoid any party claiming “ownership” of an exhibit, all exhibits shall be marked and

11 referred to as “Trial Exhibit No. ___” – and NOT as “Plaintiff’s Exhibit” or “Defendant’s Exhibit.”

12 28. The parties must file a joint exhibit list identifying all the exhibits that the party intends

13 to introduce at trial with the Joint Pretrial Conference Statement.

14 29. The joint exhibit list must be in tabular form and contain the following:

15 a. Exhibit number;

16 b. Brief description of the exhibit (with any bates numbers if they exist);

17 c. Sponsoring witness;

18 d. Date marked for identification (left blank); and

19 e. Date admitted into evidence (left blank).

20 30. Each party must provide the Court with at least three (3) complete sets of hard copy

21 exhibits in tabbed BINDERS NO MORE THAN 2½ INCHES WIDE that the party intends to

22 introduce at trial and one (1) complete set of exhibits on a thumb drive at least fourteen (14) days

23 before the Trial Date. The binders MUST NOT be identified as “plaintiff’s exhibits” or “defendant’s

24 exhibits.” Each party will be expected to place the official exhibit tag on the back of the last page of

25 each document; the exhibit tags may be obtained from the courtroom clerk, or the parties may copy the

26 template at Appendix A. The Court may require additional copies of those exhibits for trial, including

27 separate exhibit binders for each witness.

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1 31. Any exhibit that is not identified on a party’s exhibit list is subject to exclusion in the

2 reasonable exercise of the Court’s discretion.

3 MEET AND CONFER

4 32. At least forty-two (42) days before the Pretrial Conference each party must serve on all

5 other parties (but NOT file) its proposed motions in limine, proposed jury instructions, proposed verdict

6 form(s), proposed witness list, and proposed exhibit list. Anything that is not included in these served

7 documents – i.e., motions in limine, witnesses, or exhibits – may be subject to denial or exclusion in the

8 reasonable exercise of the Court’s discretion.

9 33. All parties must meet and confer regarding motions in limine, jury instructions, verdict

10 form(s), jury questionnaire (if any), a statement of the case, witness and exhibit lists, a pretrial

11 conference statement (if required), and any other issues that may arise at trial no later than thirty-five

12 (35) days before the Pretrial Conference. The meet and confer must take place in person or by

13 videoconference. If the parties wish to meet and confer by telephone, they must obtain permission

14 from the Court. The Court expects meaningful meet and confer in accordance with the following

15 guidelines available at http://www.calbar.ca.gov/Portals/0/documents/ethics/Civility/Atty-Civility-

16 Guide-Revised_Sept-2014.pdf.

17 34. During the meet and confer, the parties must engage in a good faith effort to:

18 a. Resolve any issues raised in the motions in limine;

19 b. Resolve any disputes over the jury instructions;

20 c. Resolve any disputes over the verdict form(s);

21 d. Agree on a proposed jury questionnaire (if any);

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

23 f. Resolve any disagreements re witnesses and exhibits to be introduced at trial; and

24 g. Stipulate to any relevant facts that can be incorporated into the record without

25 supporting testimony or exhibits.

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1 35. Wherever possible, the parties shall stipulate to the admissibility of any exhibits. If a

2 stipulation is not possible, then the parties shall make every effort to stipulate to the authenticity and

3 foundation for an exhibit absent a legitimate objection.

4 PRETRIAL CONFERENCE STATEMENT

5 36. The parties shall e-file with the Court a Joint Pretrial Conference Statement at least

6 fourteen (14) days before the Pretrial Conference that contains the following:

7 a. Substance of the Action: A brief description of the parties, the claims and defenses

8 that remain to be decided (including whether any issues are for the Court to decide

9 rather than the jury), and the operative pleading, including the date of filing, that

10 raises these claims and defenses.

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

12 elements of damages that are claimed.

13 c. Undisputed Facts: A plain and concise statement of all relevant facts to which the

14 parties will stipulate for incorporation into the record without supporting testimony

15 or exhibits or that are undisputed.

16 d. Settlement Discussions: A brief description of the efforts the parties have made to

17 settle the case and a brief statement about whether the parties believe that further

18 negotiations are likely to be productive and what, if anything, would facilitate

19 settlement.

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

21 presentation of each party’s case.

22 f. Miscellaneous: Any other matters that will facilitate the just, speedy, and efficient

23 resolution of the case.

24 37. The parties shall include the following documents in accordance with this order with

25 their Joint Pretrial Conference Statement and provide courtesy copies to the Court delivered between

26 the hours of 9:00 a.m. and 4:00 p.m. to the Central Courthouse, Department 28, Courtroom I, 800 North

27 Humboldt St., San Mateo, California 94401:

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1 a. Proposed jury instructions;

2 b. Proposed verdict form(s);

3 c. Proposed jury questionnaire (if any);

4 d. Proposed statement of the case;

5 e. Joint witness list;

6 f. Joint deposition designation binders (see paragraph 22(e), above);

7 g. Joint exhibit list, including any disputed exhibits; and

8 h. Binders containing the party’s motions in limine, any oppositions, and any

9 supporting declarations or requests for judicial notice in support of or in opposition

10 to the motions.

11 38. The parties must also email the proposed jury instructions, proposed verdict form(s),

12 proposed jury questionnaire (if any), proposed statement of the case, and proposed orders in Word

13 format to the Court at dept28@sanmateocourt.org.

14 PRETRIAL CONFERENCE

15 39. A Pretrial Conference is scheduled for ______, 2025 at 10:00 a.m. Lead trial counsel

16 for each party must attend in person.

17 40. The Pretrial Conference is deemed to be the commencement of trial for all

18 purposes, including but not limited to discovery and motion cutoff, disclosure of witnesses and expert

19 witnesses, and commencement of all trial-related fees, such as jury and court reporter fees.

20 41. At the Pretrial Conference, each party should be prepared to argue and discuss:

21 a. Motions in limine;

22 b. Jury instructions;

23 c. Voir dire;

24 d. Jury questionnaire (if any);

25 e. Verdict form(s);

26 f. Proposed statement of the case;

27 g. Witnesses, including objections to deposition designations;

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1 h. Exhibits;

2 i. Stipulations; and

3 j. Any other issues relating to the trial.

4 TRIAL

5 42. An in-person jury trial is set for _______2025 at 9:00 a.m. and will occur on Mondays,

6 Thursdays, and Fridays, and such other days as set by the Court. The intent is that jury selection will

7 begin on ______, 2025.

8 43. A Mandatory Settlement Conference is set for ______, 2025 with a judge to be

9 determined. (See attached instructions, which are incorporated by reference.) Check the Court’s

10 website 3-5 days before the scheduled conference for updates re mandatory settlement conferences.

11 44. Once the trial begins, each party shall inform the other parties by 4:00 p.m. the prior

12 business day of the identity of witnesses that the party anticipates presenting at trial the next court day,

13 regardless of whether the witness will be presented live (including by remote technology), by video

14 deposition, or through a deposition transcript.

15 45. The purpose of this Order is to have the case ready for trial so that the jury can be

16 selected on the first day set for jury trial and that trial proceed as efficiently as possible. If the parties

17 wish to modify the schedule because of the specific facts of their case, they may do so. If they wish to

18 change any of the dates that documents are due to the Court, they should submit a proposed order

19 specifying the reasons why they want to change the deadlines. The Court needs sufficient time to

20 review the submissions. Therefore, the Court suggests that if the parties seek to change a deadline of

21 when documents are submitted to the Court, they only seek to extend the deadlines for specific

22 documents. For example, if there is an issue regarding certain expert(s), the parties should seek to only

23 seek to extend the deadline to file and oppose the specific expert motion(s) in limine and then file the

24 other motions in limine based on the deadlines set in this Order. For further information about the

25 procedures in Judge Healy’s courtroom, look at her webpage at https://sanmateo.courts.ca.gov/dept28

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1 46. If counsel or any staff members have questions about these procedures, please email

2 Department 28 at dept28@sanmateocourt.org and include counsel for all represented parties and pro

3 per parties in the email.

4 COURT REPORTERS

5 47. The Court has changed its policy regarding providing court reporters for Pretrial

6 Conferences and Trials. Check Judge Healy’s webpage and the Court’s website for further

7 information.

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9 Dated: __________ _______________________________________ NICOLE S. HEALY 10 Judge of the Superior Court

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1 APPENDIX A

2 The tag must be attached to the back of the last page of each exhibit

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8 EXHIBIT: 9 10 Case Number:

11 12 Marked

13 Identified 14 Admitted 15

16 By:

17 Clerk of the Superior Court

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