Orange — CMO6 Standing Orders

Source: https://www.occourts.org/system/files/general/cm06_standing_order.pdf

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3 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE 4 COSTA MESA JUSTICE COMPLEX 5

6 In re Trial Setting Conferences and Trials PRETRIAL ORDERS 7 Scheduled in Department CM06 Judge: Hon. Megan Wagner 8 Dept: CM06 9

10 TO ALL ATTORNEYS AND SELF-REPRESENTED PARTIES ASSIGNED FOR TRIAL 11 IN DEPARTMENT CM06 12 The basic function of an independent, impartial, and honorable judiciary is to 13 maintain the utmost integrity in decision making. (Supreme Court’s Advisory Committee 14 on the California Code of Judicial Ethics; California Judicial Conduct Handbook, Fourth 15 Edition, Section 1:1.) 16 In the pursuit of the above listed basic function, it is well settled that the trial 17 court has inherent and statutory discretion to control the proceedings to ensure the 18 effective administration of justice. (People v. Gonzalez (2006) 38 Cal.4th 932, 951.) The 19 trial court has the duty to keep the trial within the bounds of the issues and not to stray 20 into collateral and irrelevant matters. (People v. Alfaro (1976) 61 Cal.App.3rd 414, 421– 21 425.) The trial court also has the duty to see that both sides receive a fair trial, and that 22 justice is done. (Id. at p. 427; People v. Williams (2009) 170 Cal.App.4th 587, 615.) 23 The below listed orders and expectations are intended to assist attorneys and 24 self-represented parties in presenting their cases in a professional and welcoming 25 environment in Department CM06, while at the same time ensuring that proper 26 procedures are followed. 27

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PRETRIAL ORDERS - DEPARTMENT CM06 – JUDGE WAGNER JUNE 2026

1 1. Expectations of Counsel and Self-Represented Parties. 2 The Court expects all attorneys and self-represented parties to act at all times in 3 a professional manner, and to follow the Orange County Bar Association Civility 4 Guidelines. The Civility Guidelines may be found at 5 https://www.ocbar.org/Portals/0/pdf/docs/civility_guidelines.pdf. 6

7 2. Trial Schedule and Trial Time Estimate 8 Department CM06 trials will be in trial based on the following schedule: Monday 9 all day, Wednesday all day, Thursday morning, and Friday morning. The morning 10 sessions starts at 9:00 AM and end at 11:55 AM. The afternoon sessions starts at 1:30 11 PM and end at 4:15 PM. The Court takes a brief morning break around 10:00 AM, and 12 an afternoon brief break around 3:00 PM. Accordingly, when a trial starts, Department 13 CM06 will be available for trial for a total of 3.0 days per week. 14 The attorneys and/or self-represented parties are expected to be available 15 continuously from the first day of trial until the trial concludes following the above-listed 16 schedule. If an attorney or self-represented party has an unexpected family or other 17 commitment, the Court will endeavor to accommodate any reasonable request for a 18 break during the trial. 19 The Court will generally defer to, and respect, the parties’ time estimates for trial. 20 The attorneys should be familiar with the case of California Crane School, Inc. et all v. 21 National Commission for Certification of Crane Operators et all (2014) 226 Cal.App.4th 22 12, regarding the court’s authority/discretion when it comes to unreasonable trial time 23 estimates and unreasonable prolongments of a trial. 24

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PRETRIAL ORDERS - DEPARTMENT CM06 – JUDGE WAGNER JUNE 2026

1 3. Motions in Limine 2 Motions in limine must be exchanged and discussed no later than the Issue 3 Conference required under Local Rule 317. Oppositions to motions in limine must be 4 filed no less than five court days prior to the first day of trial. 5 The attorneys and/or self-represented parties must meet and confer in a good 6 faith effort to resolve before trial as many motions in limine as reasonably possible. 7 Meeting and conferring in good faith should be conducted consistent with more than 8 one side attempting to persuade the other side of the error of their ways, because the 9 law requires that attorneys attempt to talk the matter over, compare their views, consult, 10 and deliberate. There must be a serious effort at informal resolution of the issues raised 11 in the motions in limine, which entails something more than arguing with opposing 12 counsel. “[A] reasonable and good faith attempt at informal resolution entails something 13 more than bickering with [opposing] counsel....Rather, the law requires that counsel 14 attempt to talk the matter over, compare their views, consult, and deliberate.” 15 (Townsend v. Superior Court (1998) 61 Cal.App.4th 1431; Clement v. Alegre (2009) 177 16 Cal.App.4th 1277.)1 17

18 4. In-Person Trial 19 All trials in Department CM06 are conducted in person. All attorneys and self- 20 represented parties are ordered to be personally present in Department CM06 21 throughout the trial. All witnesses must be present in court in person during their 22 testimony, unless good cause is shown, and this Court authorizes a witness to testify 23 remotely. Any request for a witness to testify remotely must be submitted to the Court in 24 writing, in advance of the trial date, and should include good legal cause as to why the 25 witness should not be ordered to testify in person. 26

27 1 Whenever the attorneys and/or self-represented parties are ordered to meet and confer as listed in this 28 Pretrial Order or any of the rules referenced in this Pretrial Order, such meet and confer shall take place consistent with these guidelines.

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PRETRIAL ORDERS - DEPARTMENT CM06 – JUDGE WAGNER JUNE 2026

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2 5. Exhibits – Electronic Evidence Portal 3 All trial exhibits are to be uploaded to the Orange County Superior Court 4 Electronic Evidence Portal. The Court does not require paper copies of the exhibits; 5 however, if the parties desire to use paper copies with witnesses, they may do so 6 as long as all parties stipulate the paper copy is a true and correct copy of the 7 electronic exhibit. The following is the link to the Orange County Superior Court’s 8 Public Website for Electronic Evidence where information can be found about the 9 Electronic Evidence Portal, including instructions: 10 https://www.occourts.org/online-services/electronic-evidence-portal. 11 The following is the link to the Electronic Evidence Portal where attorneys and/or 12 self-represented parties can log into the system and upload trial exhibits: 13 https://occourts.quetelcloud.com/TraQ7/account/login?returnurl=%2FTraQ7%2F. 14 Each party is ordered to set up its own account to upload its own exhibits to the 15 Electronic Evidence Portal. Each side is ordered to comply with 16 If a witness is testifying remotely, attorneys and self-represented parties must 17 make sure the witness has copies of whatever trial exhibits they will use with the 18 witness and meet and confer to ensure that the exhibits to be shown to such witness 19 are consistent with the evidence uploaded to the Orange County Superior Court 20 Electronic Evidence Portal. 21 Attorneys and self-represented parties are expected, before the trial starts, to 22 attempt to reach a stipulation, if reasonably possible, to the admissibility and/or 23 foundation for all trial exhibits. Such stipulations should be provided to the Court at the 24 beginning of trial. 25

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PRETRIAL ORDERS - DEPARTMENT CM06 – JUDGE WAGNER JUNE 2026

1 6. Witnesses 2 Witnesses must be lined up and ready to testify to avoid any delays. Attorneys 3 and self-represented parties shall advise the Court and opposing side promptly of any 4 additions to their witness list, or problems with witnesses’ availability. Attorneys and 5 self-represented parties must advise their witnesses of rulings that apply to, or affect, 6 their testimony. 7 If a witness or a party needs an interpreter, the attorneys and/or self-represented 8 parties should bring this to the attention of the Court prior to the commencement of trial. 9

10 7. Objections 11 Speaking objections are not permitted. When objecting, attorneys should state 12 the word “Objection” along with the legal basis for the objection (e.g., “Objection, 13 Hearsay.”) Nothing more should be stated by the objecting side. The Court will rule or 14 invite a response and further discussion. 15

16 8. Interruptions and Discussions During Trial 17 Attorneys and self-represented parties are not allowed to interrupt each other 18 while the Court is in session, other than for raising non-speaking objections as 19 described above. Attorneys and self-represented parties should never interrupt the 20 Court. While the Court is in session, the attorneys and/or self-represented parties 21 should not engage in a discussion amongst themselves. If such discussion is needed, 22 the attorney and/or self-represented party should ask the Court for a recess, and if 23 appropriate, the Court will declare a brief recess and allow the attorneys and/or self- 24 represented parties to have a discussion between themselves, off the record. 25

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PRETRIAL ORDERS - DEPARTMENT CM06 – JUDGE WAGNER JUNE 2026

1 9. Transcripts of Audio or Video/Audio Recordings Offered as Evidence 2 Transcripts must be submitted to the Court, and provided to the opposing side, 3 for any audio recording or sound-and-video recording played during the trial, consistent 4 with California Rules of Court, Rule 2.1040. 5

6 10. Deposition Transcripts 7 The parties shall meet and confer and bring to court the first day of trial original 8 or certified copies of any deposition transcripts that any side intends to use during trial. 9

10 11. Failure to Comply with Standing Order 11 Any violation of, and/or failure to comply with, the orders set forth herein may 12 result in the Court continuing the matter or issuing sanctions pursuant to Code of Civil 13 Procedures sections 128.5 and/or 177.5. 14

15 IT IS SO ORDERED. 16 DATE: June 16, 2026 17

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PRETRIAL ORDERS - DEPARTMENT CM06 – JUDGE WAGNER JUNE 2026