Solano — Rule 4 – Administration of Civil Litigation

Source: https://solano.courts.ca.gov/system/files/general/rule_04_july_2026.pdf

Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation (Trial Court Delay Reduction Act)

4.1 SCOPE AND POLICY

a. SCOPE OF RULE 4

Rule 4 is intended to implement the Trial Court Delay Reduction Act (Government
Code section 68600 et seq.) and shall apply to all general civil actions. The term
“general civil action” shall have the same meaning as set forth in California Rules
of Court, rule 1.6, subdivision (4).

Rule 4 shall not apply to uninsured motorist cases, coordinated cases, or collections
cases unless and until they become subject to the Trial Court Delay Reduction Act
per California Rule of Court, rule 3.712.

(Subd (a) amended effective July 1, 2011; adopted effective January 1, 1998;
previously amended effective July 1, 2005, and January 1, 2010.)

b. POLICY AND CASE DISPOSITION STANDARDS

It is the policy of this court that all civil cases shall be resolved as expeditiously as
possible, consistent with the obligation of the courts to give full and careful
consideration to the issues presented, and consistent with the right of the parties to
adequately prepare and present their cases to the court. Furthermore, it is the policy
of the court that all actions subject to these rules shall be actively managed,
supervised and controlled by the court from the time of filing of the first document
invoking the court’s jurisdiction through final disposition. This court’s case
disposition standards are as set forth in California Rules of Court, rule 3.714,
subdivision (b).

(Subd (b) amended effective January 1, 2010; adopted effective January 1, 1998;
previously amended effective July 1, 2005.)

c. APPLICABILITY OF RULE 4 TO OTHER RULES

Notwithstanding Rule 4.1, subsection (a), any rule within Rule 4 may be made
expressly applicable to other proceedings through the enactment of or amendment
to a local rule governing that proceeding.

(Subd (c) amended effective January 1, 2010; adopted effective January 1, 2009.)

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Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation (Trial Court Delay Reduction Act)

(Rule 4.1 amended effective July 1, 2011; adopted effective January 1, 1998; previously amended effective July 1, 2005, January 1, 2009, and January 1, 2010.)

4.2 CASE DESIGNATION

a. DEFAULT DESIGNATION OF CASE; TIMING OF DESIGNATION

All civil cases subject to these rules shall be classified as TRACK A cases unless,
on good cause shown, the court designates the case as a TRACK B case or TRACK
C (complex) litigation. The determination as to whether a case is designated as a
TRACK B or TRACK C case under these rules shall be at the sole discretion of the
court. The designation may be made by the court at any case management
conference, trial management conference, mandatory settlement conference, or any
hearing noticed by the court or counsel.

(Subd (a) amended and lettered effective January 1, 2010; adopted as unlettered
portion of Rule 4.2 effective January 1, 1998; previously amended effective July 1,
2005.)

b. TRACK A CASES

TRACK A cases are cases that are to be resolved within twelve (12) months of the
date that the complaint was filed.

(Subd (b) amended and lettered effective January 1, 2010; adopted as unlettered
portion of Rule 4.2 effective January 1, 1998; previously amended effective July 1,
2005.)

c. TRACK B AND TRACK C CASES

TRACK B and TRACK C cases are those which generally involve multiple parties,
complex issues, difficult legal questions, unusual proof problems, or other
circumstances which result in a case not being adequately prepared for trial within
twelve (12) months of its filing even with due diligence being exercised by all
parties. It is the policy of the court to conclude all TRACK B cases within eighteen
(18) months and TRACK C cases within twenty-four (24) months of the filing of
the initial pleading.

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Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation
(Trial Court Delay Reduction Act)

(Subd (c) amended and lettered effective January 1, 2010; adopted as unlettered
portion of Rule 4.2 effective January 1, 1998; previously amended effective July 1,
2005.)

d. REDESIGNATION OF CASE

Following the designation by the court of the case as TRACK A, TRACK B, or
TRACK C, the court, on its own motion or on the motion of any party, may order
the case redesignated.

(Subd (d) amended and lettered effective January 1, 2010; adopted as unlettered
portion of Rule 4.2 effective January 1, 1998; previously amended effective July 1,
2005.)

(Rule 4.2 amended effective January 1, 2010; adopted effective January 1, 1998;
previously amended effective July 1, 2005.)

4.3 TIME REQUIREMENTS FOR COMPLAINT

Time requirements for service of the complaint shall be as specified by California Rules of Court, rules 3.110 and 3.740, subdivision (c).

(Rule 4.3 amended effective July 1, 2011; adopted effective January 1, 1998; previously amended effective October 1, 2002, and January 1, 2009.)

4.4 TIME REQUIREMENTS FOR RESPONSIVE PLEADINGS

Time requirements for service of responsive pleadings shall be as specified by California Rules of Court, rules 3.110, 3.740, subdivision (c), and 3.1320.

(Rule 4.4 amended effective July 1, 2011; adopted effective January 1, 1998; previously amended effective October 1, 2002, January 1, 2009, and January 1, 2010.)

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Rule 4 – Administration of Civil Litigation (Trial Court Delay Reduction Act)

4.5 TIME REQUIREMENTS FOR CROSS-COMPLAINTS

Time requirements for service of cross-complaints shall be as specified by California Rules of Court, rules 3.110 and 3.1320.

(Rule 4.5 amended effective July 1, 2011; adopted effective January 1, 1998; previously amended effective October 1, 2002, and January 1, 2010.)

4.6 CASE MANAGEMENT CONFERENCES

a. SCHEDULING OF CASE MANAGEMENT CONFERENCE ONE

In all cases subject to the case management rules in California Rules of Court, rule
3.720 et seq., the Clerk of the Court will schedule the first Case Management
Conference approximately 120 days from the date of filing of the complaint. At the
time of filing of the complaint, the Clerk of the Court shall provide the plaintiff with
a Notice of Case Management Conference One, which shall indicate the date, time,
and place that counsel, and any party not represented by counsel, shall appear for
Case Management Conference One, and shall state the obligations of counsel, or
any parties not represented by counsel, in regard to Case Management Conference
One and Case Management Conference Two. Plaintiff is responsible for notifying
all defendants of the initial or any continued Case Management Conference dates.

(Subd (a) amended effective July 1, 2011; adopted as unlettered portion of Rule 4.6
effective January 1, 1998; previously amended effective October 1, 2002, July 1,
2005, and January 1, 2009; amended and relettered effective January 1, 2010.)

b. CASE MANAGEMENT CONFERENCES IN “UNINSURED MOTORIST” CASES

An action for personal injury or property damage against an uninsured defendant
may be designated as an “uninsured motorist case” upon application of the plaintiff
filed concurrently with the petition or within thirty (30) days of the commencement
of the action. Upon the filing of such an application, the court will set the first Case
Management Conference approximately 180 days from the date of the designation.

(Subd (b) amended effective July 1, 2011; adopted as Subd (a) of Rule 4.6 effective
January 1, 1998; previously amended effective October 1, 2002, July 1, 2005, and
January 1, 2009; relettered effective January 1, 2010.)

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Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation
(Trial Court Delay Reduction Act)

c. CASE MANAGEMENT CONFERENCES IN LIMITED JURISDICTION “COLLECTION”
CASES

The plaintiff may designate a limited jurisdiction case as a “collection” case by
filing a Civil Case Cover Sheet describing the case as a “collections” matter. No
case management conference will be scheduled unless and until a responsive
pleading has been filed.

(Subd (c) relettered effective January 1, 2010; adopted as Subd (b) of Rule 4.6
effective January 1, 1998; previously amended effective October 1, 2002, July 1,
2005, and January 1, 2009.)

d. SERVICE OF NOTICE OF CASE MANAGEMENT CONFERENCE

(1) Service of Notice with Complaint

The plaintiff shall serve the Notice of Case Management Conference on all
defendants with the complaint.

(Subd (1) renumbered effective January 1, 2010; previously adopted as
portion of Subd (f) effective January 1, 1998.)

(2) Service of Notice with Cross-Complaint

Any plaintiff and any defendant serving a cross-complaint shall serve a copy
of the Notice of Case Management Conference One provided by the Clerk,
which sets the date and place for Case Management One, on each cross-
defendant with the cross-complaint. In the event that any cross-complaint is
served after Case Management Conference One has been held, the cross-
complainant, at the time of service of the cross-complaint, shall serve each
cross-defendant with Notice of Case Management Conference Two, which
shall contain the date, time and place of Case Management Conference Two
and explain the obligations of the parties in regard to case management
conferences under these rules.

(Subd (2) renumbered effective January 1, 2010; previously adopted as
portion of Subd (f) effective January 1, 1998.)

(Subd (d) amended and relettered effective January 1, 2010; adopted as Subd (f) of
Rule 4.6 effective January 1, 1998; previously amended effective October 1, 2002,

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Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation
(Trial Court Delay Reduction Act)

July 1, 2005, and January 1, 2009; former Subd (d) repealed effective January 1,
2010.)

e. TELEPHONIC APPEARANCE AT CASE MANAGEMENT CONFERENCES

Litigants or counsel wishing to appear by telephone per California Rules of Court,

rule 3.670 shall refer to the Court’s website at www.solano.courts.ca.gov and follow the procedures as set forth on the website. Litigants or counsel wishing to appear telephonically shall be responsible for all fees and costs charged by the service provider.

(Subd (e) amended effective July 1, 2017; adopted effective January 1, 1998;
previously amended effective October 1, 2002, July 1, 2005, January 1, 2009, and
January 1, 2010.)

f. CASE MANAGEMENT CONFERENCE SETTING

(1) For all cases subject to Rule 4.6, subdivision (a), Case Management
Conference One shall be set during the calendar week that is 120 calendar
days after the filing of the complaint, on the day of week and at the time
designated by the judge to whom the case is assigned for all purposes. Case
management conferences for other cases shall be set in a similar manner per
the timelines applicable to those cases.

(Subd (1) amended effective July 1, 2011; adopted effective January 1,
1998.)

(2) At Case Management Conference One, the court shall refer the matter to
arbitration or mediation, if deemed appropriate by the court, continue the
matter for further Case Management Conference One or set the matter for a
Case Management Conference Two.

(Subd (2) adopted effective January 1, 1998.)

(3) The court may, in its discretion, require additional case management
conferences and additional Case Management Statements.

(Subd (3) adopted effective January 1, 2010; previously adopted as portion
of Subd (h).)

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Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation
(Trial Court Delay Reduction Act)

(Subd (f) amended effective July 1, 2011; adopted as Subd (g) effective January 1,
1998; previously amended effective October 1, 2002, July 1, 2005, and January 1,
2009; amended and relettered effective January 1, 2010.)

g. UPDATED CASE MANAGEMENT STATEMENTS FOR CONTINUED CASE
MANAGEMENT CONFERENCES

Unless otherwise ordered by the court, an updated Case Management Statement
shall be filed by each counsel no later than the fifteenth (15th) calendar day before
each continued Case Management Conference or any review set by the court.

(Subd (g) amended effective July 1, 2011; adopted as Subd (h) effective January 1,
1998; previously amended effective October 1, 2002, July 1, 2005, and January 1,
2009; amended and relettered effective January 1, 2010.)

h. SANCTIONS

Pursuant to Code of Civil Procedure section 575.2, the court may impose sanctions
in the event that any of the following occur:

(1) A Case Management Statement is not timely filed and/or served;

(2) A Case Management Statement is not fully completed;

(3) The attorney who appears at a case management conference is not
completely aware of all procedural, factual, and legal aspects of the case
and does not have full authority to discuss and resolve any issues that arise
at the conference, including the settlement of the case. This rule applies
equally to counsel of record and special appearance counsel;

(4) Counsel and self-represented parties fail to meet and confer as required per
California Rules of Court, rule 3.724 prior to the Case Management
Conference concerning all issues before the court.

(Subd (h) amended and relettered effective January 1, 2010; adopted as Subd (i)
effective January 1, 1998; previously amended effective October 1, 2002, July 1,
2005, and January 1, 2009.)

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Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation (Trial Court Delay Reduction Act)

(Rule 4.6 amended effective July 1, 2011; adopted effective January 1, 1998; previously amended effective October 1, 2002, July 1, 2005, and January 1, 2009; amended effective January 1, 2010.)

4.7 DIVERSION TO ARBITRATION

a. ORDER TO NONBINDING ARBITRATION

(1) The following matters shall be subject to judicial nonbinding arbitration:

(a) All nonexempt unlimited civil actions in which the amount in
controversy does not exceed $50,000.

(b) All nonexempt limited civil cases, except for small claims actions or
any action maintained pursuant to Civil Code section 1781 or Code
of Civil Procedure section 1161.

(c) Any matter in which the parties stipulate to arbitration, provided the
stipulation is filed no later than the time the initial case management
statement is filed, unless the court permits a later time.

(2) Notwithstanding subsection (1) above, matters that have been referred to
mandatory mediation per local rule 4.8 shall not be referred to arbitration.

(3) As to those cases ordered to arbitration, judicial arbitration will proceed in
accordance with the Judicial Arbitration rules for civil cases (California
Rules of Court, rule 3.810 et seq.), except as otherwise stated in these rules.

(Subd (a) amended effective January 1, 2012; adopted effective January 1, 1998;
previously amended effective October 1, 200, and January 1, 20102.)

b. SELECTION OF ARBITRATOR

(1) If the parties have a preference for an arbitrator, counsel shall provide the
name, address, and telephone number of the preferred arbitrator to the
court’s ADR Administrator within twenty (20) days of the referral to
arbitration. The statement of preference is not binding on the court, but may
be considered in selecting the arbitrator.

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Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation
(Trial Court Delay Reduction Act)

(2) The court shall select the arbitrator from the court’s list of arbitrators. The
court shall notify the parties of the name, address, and telephone number of
the arbitrator selected by the court within thirty (30) days of the referral to
arbitration.

(Subd (b) amended effective January 1, 2012; adopted effective January 1, 1998;
previously amended effective October 1, 2002, and January 1, 2010.)

(Rule 4.7 amended effective January 1, 2012; adopted effective January 1, 1998;
previously amended effective October 1, 2002, and January 1, 2010.)

4.8 MEDIATION

a. ADOPTION OF CIVIL ACTION MEDIATION PROGRAM (CCP § 1775 ET SEQ.)

Effective January 1, 2012, and per the authority in Code of Civil Procedure section
1775.2, subdivision (b), the court adopts the Civil Action Mediation Program set
forth in Title 11.6 of the Code of Civil Procedure. Mediations conducted per the
Civil Action Mediation Program (“the Mediation Program”) in Solano County shall
be subject to all applicable statutes and California Rules of Court concerning the
Civil Action Mediation Program (e.g. Cal. Rules of Court, rule 3.870 et seq.).

(Subd (a) adopted effective January 1, 2012; prior subd. (a) relettered as subd. (d)
effective January 1, 2012.)

b. MATTERS TO WHICH MEDIATION PROGRAM APPLIES

The following matters shall be subject to mandatory mediation:

(1) All nonexempt unlimited civil actions filed on or after January 1, 2012, in
which the amount in controversy does not exceed $50,000.

(2) All nonexempt limited civil cases filed on or after January 1, 2012, except
for small claims actions.

(3) Any matter, regardless of filing date or the amount in controversy, in which
the parties stipulate to mediation, provided the stipulation is filed at least
ninety (90) days prior to trial, unless the court permits a later time.

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Rule 4 – Administration of Civil Litigation
(Trial Court Delay Reduction Act)

(Subd (b) adopted effective January 1, 2012; prior subd. (b) repealed effective
January 1, 2012.)

c. ORDER TO MEDIATION

Cases shall be referred to mediation whenever the court determines from the facts
as set forth in a Case Management Statement or as stated by counsel at any Case
Management Conference, Trial Management Conference, or Mandatory Settlement
Conference that the matter is subject to mandatory mediation per these rules and
has not already been referred to mediation or any form of arbitration, unless good
cause is found to not refer the matter.

(Subd (c) adopted effective January 1, 2012; prior subd. (c) repealed effective
January 1, 2012.)

d. SELECTION OF MEDIATOR

(1) If the parties have a preference for a mediator, counsel shall provide the
name, address, and telephone number of the preferred mediator to the
court’s ADR Administrator within twenty (20) days of the referral to
mediation. The statement of preference is not binding on the court, but may
be considered in selecting the mediator.

(Subd. (1) amended and renumbered effective January 1, 2012.)

(2) The court shall select the mediator from the court’s list of mediators. The
court shall notify the parties of the name, address, and telephone number of
the mediator selected by the court within thirty (30) days of the referral to
mediation.

(Subd. (2) amended and renumbered effective January 1, 2012.)

(Subd (d) amended and relettered effective January 1, 2012; adopted as subd. (a)
effective July 1, 1998; previously amended effective July 1, 2005.)

e. APPEARANCE AT MEDIATION SESSIONS

(1) For purposes of California Rules of Court 3.894, subsection (a), when a
party is other than a natural person, it shall appear at the mediation sessions
through a representative, other than the party’s attorney, with full authority

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Rule 4 – Administration of Civil Litigation
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to resolve the dispute or, in the case of a governmental entity that requires
an agreement to be approved by an elected official or legislative body, by a
representative with authority to recommend such agreement. Failure of the
representative to appear at the mediation session may be cause for sanctions.

(Subd. (1) amended and renumbered effective January 1, 2012.)

(2) “Full authority” to resolve the dispute means the person is empowered to
make settlement decisions without telephone consultation with others.

(Subd. (2) adopted effective January 1, 2012.)

(Subd (e) amended and relettered effective January 1, 2012; adopted as subd. (b)
effective July 1, 1998; previously amended effective July 1, 2005; prior subd. (e)
relettered as subd. (j) effective January 1, 2012.)

f. RELATED, COORDINATED, AND CONSOLIDATED CASES

Counsel in cases that have been related, coordinated, or consolidated shall inform
the court of all pending mediation proceedings in the related, coordinated, or
consolidated cases.

(Subd. (f) adopted effective January 1, 2012.)

g. INTERPRETERS

Any party desiring to use an interpreter during mandatory mediation must notify
the ADR Administrator, all other parties, and the mediator at least 10 days prior to
the first mediation session at which the interpreter will be used. Unless otherwise
ordered by the court, the party seeking the use of the interpreter shall make all
arrangements directly with the interpreter and shall assume the costs of the service.

(Subd. (g) adopted effective January 1, 2012.)

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Superior Court of California County of Solano

Rule 4 – Administration of Civil Litigation
(Trial Court Delay Reduction Act)

h. EX PARTE COMMUNICATIONS

Ex parte communications refers to communications with the mediator outside the
presence of the opposing counsel or self-represented party. Ex parte
communications with the mediator are not prohibited.

(Subd. (h) adopted effective January 1, 2012.)

i. CONFIDENTIALITY

(1) Mediations are confidential and subject to the confidentiality privilege set
forth in Evidence Code sections 703.5 and 1115 through 1128. No
communications or writings made in connection with the mediation may be
disclosed to the assigned judge or to any other person not involved in the
mediation, unless disclosure is agreed to by all parties or permitted by
subsection (2), infra. The mediator shall require the parties and all persons
attending the mediation to sign a confidentiality agreement at the first
mediation session.

(Subd. (1) adopted effective January 1, 2012.)

(2) The following disclosures are permitted:

(a) A disclosure stipulated in writing by all parties and the mediator, or
orally in compliance with Evidence Code section 1118;

(b) A report to or inquiry by the ADR Administrator concerning a
complaint against a mediator;

(c) A disclosure made by any participant or the mediator in responding
to an appropriate request for information made by persons
authorized by the ADR Administrator to monitor or evaluate the
court’s mediation program;

(d) A disclosure required by law;

(e) A settlement agreement signed by all parties waiving the
confidentiality provision of Evidence Code section 1122 et seq., and
containing a provision explicitly rendering the agreement
enforceable per Code of Civil Procedure section 664.6; or,

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Rule 4 – Administration of Civil Litigation
(Trial Court Delay Reduction Act)

(f) A disclosure made in connection with a request for sanctions for a
party’s noncompliance with mediation. This disclosure shall be
limited to the minimum facts needed to support the motion.

(Subd. (2) adopted effective January 1, 2012.)

(Subd. (i) adopted effective January 1, 2012.)

j. MEDIATION COMPLAINT PROCEDURE

Per California Rules of Court, rule 3.868, the court adopts the following mediator
complaint procedure:

(1) Complaints are only accepted from a party to the action or the party’s
attorney.

(2) The complainant must register his or her complaint in writing with the ADR
Administrator. The written complaint must include the following
information:

(a) The names of the parties in the case and their attorneys;

(b) The case number;

(c) The most recent court date;

(d) The name(s) of any mediation personnel (i.e. mediators or mediation
clerks) with whom the complainant had contact; and,

(e) A statement explaining the reasons for the complaint.

(3) Upon receiving the complaint, the ADR Administrator will notify the
complainant in writing that the court has received the complaint.

(4) The ADR Administrator shall review the complaint and determine whether
the complaint can be informally resolved or closed, or whether the
complaint warrants investigation. If the complaint warrants an
investigation, the ADR Administrator shall take the following steps:
(a) The ADR Administrator shall give notice of the complaint to the
mediator and provide a reasonable opportunity to respond.

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Rule 4 – Administration of Civil Litigation
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(b) The complaint shall be investigated and a recommendation made
concerning court action. The investigation shall be conducted by an
investigator designated by the ADR Administrator or the Presiding
Judge. The investigator shall provide his or her recommendation to
the Presiding Judge or his or her designee.

(c) The final decision shall be made by the Presiding Judge or his or her
designee. Notice of the final action taken shall be sent by the court
to the complainant and, if the complaint was not resolved during the
preliminary review by the ADR Administrator, to the mediator.

(Subd (j) relettered effective January 1, 2012; adopted effective January 1, 2010,
as subd. (e); previously amended effective July 1, 2011.)

k. SANCTIONS

Upon noticed motion and an opportunity to be heard, the court may impose
sanctions for failure to meaningfully participate in the mediation process. Sanctions
may include, but are not limited to, mediator’s fees and attorney fees and costs.
Willful failure to meaningfully participate includes, but is not limited to, the
following:

(1) Non-appearance at the time set for the mediation of any person necessary to
proceed to a meaningful conclusion. Telephone calls to the mediator shall
not constitute an appearance. However, upon agreement by all parties, a
party may appear by telephone or other means of real-time electronic
communication if he or she resides or has his or her primary place of
business more than 500 miles from the mediation location.

(2) Requests to continue the mediation session less than ten (10) days before
the scheduled mediation session, unless good cause is shown.

(3) Failure to complete mediation within the time fixed, unless good cause is
shown.

(Subd. (k) adopted effective January 1, 2012.)

(Rule 4.8 amended effective January 1, 2012; adopted effective January 1, 1998;
previously amended effective July 1, 2005, January 1, 2010, and July 1, 2011.)

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Rule 4 – Administration of Civil Litigation (Trial Court Delay Reduction Act)

4.9 MANDATORY SETTLEMENT CONFERENCES

a. REQUIRED PARTICIPANTS

The lead trial counsel, parties, and persons with full settlement authority shall
personally attend the Mandatory Settlement Conference unless excused by the court
for good cause. In the case of an insured principal, the authorized representative of
the insured’s insurance company must be present in lieu of the client, and must have
full settlement authority. For purposes of these rules, “full settlement authority”
means persons physically present in the courthouse who are empowered to make
settlement decisions without telephone consultation with others. In no event will
an independent adjuster satisfy the above requirement. In any professional
negligence case in which the defendant retains the right to refuse settlement,
participation of that defendant in the settlement conference is mandatory.

(Subd (a) amended and relettered effective January 1, 2010; adopted as unlettered
portion of Rule 4.11 effective January 1, 1998; previously amended effective July
1, 2005.)

b. MEET AND CONFER REQUIREMENTS

No later than ten (10) calendar days before the date set for the mandatory settlement
conference, trial counsel and all persons with ultimate authority to settle the case
shall meet in person or, if all parties agree, by telephone to discuss settlement of the
case.

(Subd (b) amended and relettered effective January 1, 2010; adopted as unlettered
portion of Rule 4.11 effective January 1, 1998; previously amended effective July
1, 2005.)

c. ADDITIONAL REQUIREMENTS FOR MANDATORY SETTLEMENT CONFERENCE
STATEMENTS

All settlement conference statements filed and served per California Rules of Court,

rule 3.1380, subdivision (c), shall contain the following additional information:

(1) A statement of the factual and legal contentions in dispute;

(2) A list of all special damages claimed;

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Rule 4 – Administration of Civil Litigation
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(3) Copies of pertinent medical reports;

(4) Other reports by experts;

(5) Pictorial or documentary evidence anticipated to be presented at trial;

(6) An estimate of the lowest and highest possible award by a trier of fact;

(7) The highest previous offer and the lowest previous demand;

(8) The date when the last face to face or telephonic settlement discussion was
held between all parties;

(9) A statement as to any special problems relating to settlement, such as lack
of or disputed insurance coverage; and,

(10) A statement regarding the party’s position regarding settlement of the case.

(Subd (c) amended effective July 1, 2011; adopted as unlettered portion of Rule
4.11 effective January 1, 1998; previously amended effective July 1, 2005; amended
and relettered effective January 1, 2010.)

d. SANCTIONS

Failure of any attorney, adjustor, and/or party to prepare for, appear at, or
meaningfully participate in a settlement conference, unless good cause is shown for
any such failure, is an unlawful interference with the proceedings of the court, and
the court may impose sanctions, including but not limited to, any or all of the
following: monetary sanctions to be paid to the court; monetary sanctions to be paid
to other parties which may include, among other things, costs, actual expenses, and
counsel fees; and the court may order an appropriate change in the calendar status
of the action.

(Subd (d) amended and relettered effective January 1, 2010; adopted as unlettered
portion of Rule 4.11 effective January 1, 1998; previously amended effective July
1, 2005.)

(Rule 4.9 amended effective July 1, 2011; adopted as Rule 4.11 effective January 1, 1998;
previously amended effective July 1, 2005; amended and renumbered effective January 1,

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Rule 4 – Administration of Civil Litigation (Trial Court Delay Reduction Act)

2010; former Rule 4.9, which concerned other settings of cases, repealed effective January 1, 2010.)

4.10 TRIAL CONFERENCES

a. REQUIRED PARTICIPANTS

The lead trial counsel shall, unless excused by the court, appear at the Trial
Conference prepared to respond to any questions the court may pose about the case.

(Subd (a) amended effective July 1, 2020; adopted as unlettered portion of Rule
4.12 effective January 1, 1998; previously amended effective July 1, 2005;
relettered effective January 1, 2010.)

b. TRIAL CONFERENCE STATEMENT

The form designated by the court may be used as a cover sheet for all exhibits and
motions in limine, but use of the court form is not mandatory. Each counsel shall
complete, file and serve on all parties a completed Trial Conference Statement at
least ten (10) court days before the date set for the Trial Conference. Use of dividers
and/or tabs between each item is requested. At a minimum, the report shall include
the following:

(1) A statement of the nature of the case, with a summary of each party’s
allegations and supporting facts. Include an agreed-upon statement of the
case to be read to the jury panel, if a jury has been requested by any party;

(2) If there have been developments since the trial setting affecting the
estimated length of trial, an explanation as to what those developments are
and how the estimated length of trial should be changed as a result;

(3) The names of any non-expert witnesses who may be called at trial, except
for impeachment or rebuttal. State concisely the anticipated testimony of
each non-expert witness and the time estimate for testimony, including
direct and cross-examination;

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(4) The names and expertise of any expert witnesses who may be called at trial,
except for impeachment or rebuttal. State concisely the anticipated
testimony of each expert witness and the time estimate for testimony,
including direct and cross-examination. In addition, attach any narrative
reports provided by the expert witness;

(5) A list of all witnesses who are unavailable and whose testimony will be
presented by deposition, along with the facts supporting that unavailability;

(6) A list of all documents, exhibits, blowups, and/or photographs that the party
expects to offer at trial, except for impeachment or rebuttal. Documents
shall be identified by page number or Bates-stamp number as applicable
(e.g. “Jane Doe’s Medical Records, pages 1 through 326”). Photos shall be
separately identified;

(7) A specific list in column form of all portions of depositions, answers to
interrogatories and responses to request for admissions that the party
expects to offer at trial, except for impeachment or rebuttal. All portions of
depositions shall be identified by page and line number(s), while responses
to written discovery must be identified by the manner of discovery request
and the response number (e.g. “Response to Plaintiff’s Special
Interrogatories, Set One, Interrogatory Number 4”; “Amended Response to
Defendant’s Request for Admissions, Set Three, Request Number 7”);

(8) A specific list of all anticipated evidentiary disputes with citation to
authority;

(9) A specific list of all anticipated non-evidentiary disputes with citation to
authority;

(10) All requested jury instructions and verdict forms in compliance with the
California Rules of Court. Each instruction shall be typed in full and
numbered consecutively, with the submitting attorney having filled in all
blanks and having made a decision as to all alternatives in the CACI
instructions. Two copies of the requested jury instructions shall be
submitted to the court. One copy shall have citations to authority and boxes
for the court’s use regarding whether the instruction is given, refused, or
withdrawn, and one copy shall be presented without citations to authority
and boxes regarding given, refused, or withdrawn;

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(11) Copies of all in limine motions that the party expects to submit at trial. Each
in limine motion provided shall be numbered consecutively by the party.
(Note that any in limine motions not included will not be considered by the
court, unless good cause is presented to the trial court);

(12) All stipulations requested or proposed at trial;

(13) A statement as to whether there are any witnesses that need an interpreter.
State the name of the interpreter and the language that must be interpreted
(If an interpreter is needed, it is the obligation of the party calling the witness
to make arrangements for an interpreter);

(14) A list of all agreed-upon jury instructions; and

(15) A list of disputed jury instructions.

(Subd (b) amended effective July 1, 2020; adopted as unlettered portion of Rule
4.12 effective January 1, 1998; previously amended effective July 1, 2005; amended
and relettered effective January 1, 2010; amended effective July 1, 2011, amended
effective January 1, 2012.)

c. EXCLUSION OF EVIDENCE AND TESTIMONY AT TRIAL

The testimony of witnesses who are not listed in the Trial Conference Statement, or
documents, or other exhibits, portions of depositions, answers to interrogatories or
responses to requests for admissions, which are not listed in the Trial Conference
Statement, shall not be admitted at the trial. However, the trial judge, in his or her
sole discretion and upon a showing of good cause, may permit the testimony of
witnesses who are not listed in the Trial Conference Statement and may allow
the admission of exhibits or portions of discovery which are not listed in the Trial
Conference Statement.

(Subd (c) amended effective July 1, 2020; adopted as unlettered portion of Rule
4.12 effective January 1, 1998; previously amended effective July 1, 2005,
amended and relettered effective January 1, 2010.)

(Rule 4.10 amended effective July 1, 2020; adopted as Rule 4.12 effective January 1, 1998;
previously amended effective July 1, 2005; amended and renumbered effective January 1,
2010; amended effective July 1, 2011; former Rule 4.10, which concerned setting short
causes for trial, repealed effective January 1, 2010; amended effective January 1, 2012.)

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4.11 DISMISSAL OF ACTION FOLLOWING SETTLEMENT

If an entire action is settled, Plaintiffs or other parties seeking affirmative relief must immediately file and serve a Notice of Settlement pursuant to Rule 3.1385 of the California Rules of Court. Failure to do so may cause unnecessary calendar appearances and/or the unnecessary allocation of judicial and court resources. Consequently, such failures may result in the imposition of monetary sanctions pursuant to Local Rule 4.13.a (1).

(Rule 4.11 amended effective July 1, 2023; adopted as Rule 4.13 effective January 1, 1998; renumbered effective January 1, 2010.)

4.12 MISCELLANEOUS

a. REQUEST FOR EXTENSION OF TIME

Any request for extension of time under these rules shall be filed with due
diligence. The request shall be made on the form provided by the court.

(Subd (a) amended effective January 1, 2024; adopted effective January 1, 1998;
previously amended effective January 1, 2009)

b. KNOWLEDGE OF CASE

Counsel and parties attending any hearing or conference set pursuant to these rules
shall have sufficient knowledge of the case to inform the court as to all matters that
are pertinent and relevant to the issues to be heard and have authority to enter into
binding stipulations regarding any matters before the court. This rule shall apply
equally to attorneys of record and specially appearing counsel.

(Subd (b) amended effective January 1, 2010; adopted effective January 1, 1998;
previously amended effective January 1, 2009.)

c. REFERENCE TO “ATTORNEY” OR “COUNSEL”

Any reference in these rules to “attorney” or “counsel” shall apply equally to any
person representing himself or herself in a case subject to these rules.

(Subd (c) amended effective January 1, 2009; adopted effective January 1, 1998.)

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d. REMOVAL FROM CIVIL ACTIVE LIST

A case shall not be removed from the civil active list except by order of the court.

(Subd (d) amended effective January 1, 2009; adopted effective January 1, 1998.)

e. EXCUSE FROM RULE REQUIREMENT

Any requirement of these rules may be excused by the court upon a showing of
good cause.

(Subd (e) amended effective January 1, 2009; adopted effective January 1, 1998.)

f. UNINSURED MOTORIST CASE [Repealed]

(Subd (f) repealed effective July 1, 2011; adopted effective January 1, 1998;
amended effective January 1, 2009.)

g. REMOVAL TO FEDERAL COURT [Repealed]

(Subd (g) repealed effective July 1, 2011; adopted effective January 1, 1998;
amended effective January 1, 2009.)

h. TELEPHONIC APPEARANCES

Litigants or counsel wishing to appear remotely per California Rules of Court, rules
3.670 and 3.672 shall refer to the Court’s website at www.solano.courts.ca.gov and
follow the procedures as set forth on the website. Litigants or counsel wishing to
appear remotely shall be responsible for all fees and costs charged by the service
provider.

(Subd (h) amended effective January 1, 2025; adopted effective January 1, 2009;
previously amended effective January 1, 2010 and July 1, 2017.)

i. BENCH COPIES OR CHAMBERS COPIES

At the discretion of the judicial officer assigned to the case, parties may be required
to deposit an additional copy of specific documents directly with the assigned
judicial department.

(Subd (i) adopted effective July 1, 2014.)

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(Rule 4.12 amended effective January 1, 2025; previously amended effective July 1, 2011; adopted as Rule 4.14 effective January 1, 1998; previously amended effective January 1, 2009; amended and renumbered effective January 1, 2010; previously amended effective July 1, 2014 and July 1, 2017.)

4.13 SANCTIONS

a. SANCTIONS GENERALLY

Upon the motion of a party or on the court’s own motion, the court may impose
sanctions for non-compliance with these rules. Sanctions will not be imposed
without prior notice to, and an opportunity to be heard by, the party or attorney
against whom the sanction or penalty is sought to be imposed. Available sanctions
include, but are not limited to:

(1) Monetary sanctions;

(2) Evidentiary sanctions prohibiting the introduction of designated matters
into evidence;

(3) Striking out all or any part of any pleading;

(4) Dismissal of an action, proceeding, or any part thereof;
(5) Entering judgment by default against a party; and,

(6) Contempt sanctions.

(Subd (a) amended and relettered effective January 1, 2010; adopted as unlettered
part of Rule 4.15 effective January 1, 1998.)

b. ATTORNEY FEES AND COSTS

In addition to any sanction, the court may order a party or his or her counsel to pay
to a party moving for compliance with these rules the reasonable expenses in
making the motion, including reasonable attorney fees.

(Subd (b) amended and relettered effective January 1, 2010; adopted as unlettered
part of Rule 4.15 effective January 1, 1998.)

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c. SANCTIONS RELATED TO REQUESTS TO EXTEND TIME FOR FILING

Monetary sanctions and, in the court’s discretion, more severe sanctions, will be
imposed upon counsel or his or her party who in bad faith or without good cause
request an extension of time for the filing of any pleading or document as required
by these rules.

(Subd (c) relettered effective January 1, 2010; adopted as unlettered part of Rule
4.15 effective January 1, 1998.)

d. SANCTIONS AGAINST ATTORNEYS

If the court determines that the failure to comply with the rules is the responsibility
of a party’s attorney or counsel, the penalty shall be imposed on the attorney or
counsel personally and shall not adversely affect the party’s cause of action or
defense thereto.

(Subd (d) adopted effective January 1, 2010.)

(Rule 4.13 amended and renumbered effective January 1, 2010; adopted as Rule 4.15
effective January 1, 1998.)

4.14 ELECTRONIC FILING AND SERVICE OF PLEADINGS AND DOCUMENTS

See Solano County Local Rule 20.

(Rule 4.14 amended effective January 1, 2025; adopted effective July 1, 2010; previous Rule 4.14 renumbered as Rule 4.12 effective January 1, 2010.)

4.15 ELECTRONIC SERVICE OF DOCUMENTS IN COMPLEX LITIGATION

In all cases designated as “complex” per California Rules of Court, rule 3.403, the
following rule shall apply, unless modified by court order.

a. ELECTRONIC SERVICE OF DOCUMENTS

(1) All documents shall be served electronically as set forth in this order and in
California Rules of Court, rule 2.251.

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(2) Original documents must be filed with the court as required by the Code of
Civil Procedure, the California Rules of Court, or the local rules of the
Superior Court of California, County of Solano. Nothing in this rule shall
be construed to require or permit electronic filing of documents with the
court.

(3) Per California Rules of Court, rule 2.253(b)(1)(F), this rule shall apply only
to cases designated as complex per California Rules of Court, rules 3.400
through 3.403.

(4) This rule shall apply to all attorneys in a complex matter. This rule shall
apply to self-represented litigants only if they elect to participate in
electronic service. Unrepresented litigants who do not elect to participate
in electronic service shall serve and shall be served documents in the
manner required by the Code of Civil Procedure, the California Rules of
Court, and/or the local rules of the Superior Court of California, County of
Solano.

(5) The following documents shall not be served electronically:
(a) Documents filed under seal or subject to a pending motion to seal,
unless electronic service is permitted or required by specific court
order.
(b) Documents directed to an unrepresented party who has not elected to
participate in electronic service.
(c) A summons, complaint, or cross-complaint.

(6) The documents enumerated in (A)(5), supra, shall be served pursuant to the
applicable provisions of the Code of Civil Procedure, California Rules of
Court, and/or the local rules of the Superior Court of California, County of
Solano.

b. DEFINITIONS

(1) The definitions in California Rules of Court, rule 2.250(b) shall apply to this
rule.

(2) The term “plaintiff” includes a cross-complainant or an intervenor.

(3) The term “initial complaint” includes a cross-complaint or a complaint in
intervention.

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(4) The term “amended complaint” includes an amended cross-complaint or an
amended complaint in intervention.

c. DESIGNATION OF ELECTRONIC SERVICE PROVIDER

(1) The court designates File & ServeXpress as the electronic service provider
(“the ESP”). File & ServeXpress shall serve as the ESP absent notice by the
court that the ESP has been changed or further court order. File &
ServeXpress may be contacted by visiting
http://www.fileandservexpress.com or by calling 888-529-7587.

d. NOTICE OF RULE APPLICABILITY

(1) If a plaintiff designates the case as complex on the initial complaint, a copy
of this rule shall be served on all defendants concurrently with the summons
and complaint. If a plaintiff does not designate the case as complex on the
initial complaint but designates it as complex on an amended complaint, a
copy of this rule shall be served on all defendants concurrently with the
amended complaint.

(2) If a defendant designates the case as complex on the initial answer, a copy of
this rule shall be served on all plaintiffs concurrently with the answer. If a
defendant does not designate the case as complex on the initial answer but
designates it as complex on an amended answer, a copy of this rule shall be
served on all plaintiffs concurrently with the amended answer.

(3) If neither party designates the case as complex but the court determines the
case is complex per California Rules of Court, rule 3.403(b), the plaintiff
shall serve a copy of this rule on all defendants within 5 calendar days of
being notified by the court of the complex designation.

(4) Any party that joins a new party into this action shall serve a copy of this rule
on the new party at the time of initial service.

e. REGISTRATION WITH ELECTRONIC SERVICE PROVIDER

Upon the court designating a civil action as complex per California Rules of Court,
rules 3.402 and 3.403, the following registration procedures shall apply:

(1) Within 15 days of the court’s designation of the case as complex, the

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plaintiff’s attorney, or the plaintiff if self-represented, shall submit to the
ESP and to the court a complete and current list of the parties, party types,
and counsel representing each party. The list shall include the names of
any lead and other associated attorneys, together with addresses, telephone
and facsimile numbers, and e-mail addresses. All lists shall be sent to the
following e-mail address: eservice@fileandservexpress.com. The ESP shall
promptly notify all Registered Users of any changes to this e-mail address.

(2) If an unrepresented party affirmatively consents to electronic service, the
plaintiff’s attorney, or the plaintiff if self-represented, shall submit to the
ESP and to the court the unrepresented party’s address, telephone number,
facsimile number, and e-mail address in the same manner and within the
same time limits as for attorneys.

(3) All attorneys, and any unrepresented parties who consent to electronic
service, shall register with the ESP in the manner designated by the ESP.

(4) Each attorney and unrepresented party registered with the ESP shall keep his
or her service information current and accurate with the ESP, all other
attorneys and unrepresented parties, and the court.

(5) Each attorney and unrepresented party registered with the ESP shall be
referred to in this order as a “Registered User.”

f. ESTABLISHMENT AND STRUCTURE OF COMPLEX LITIGATION WEBSITE

(1) For each complex litigation case subject to this rule, the ESP shall establish
and maintain an Internet website (“the Website”). The ESP shall post to the
Website all documents submitted to the ESP by any Registered User and
shall serve each document pursuant to the service list provided to the ESP in
accordance with the procedures herein.

(2) Access to the Website will be limited to Registered Users and authorized
court personnel. The ESP will provide each Registered User and authorized
court personnel with a user name and password to access the Website and the
documents served in this action. The ESP personnel will perform all
administrative functions for the Website, but all initial data, additions,
deletions or changes to the service list must be submitted by the attorneys
and/or parties.

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(3) All documents posted on the Website will be identified by: (1) the name of
the serving party or attorney; (2) the caption(s) of the case(s) to which the
document belongs; (3) the title of the document set forth on its caption; and
(4) the identity of the party on whose behalf the document is being served.

(4) The Website shall contain an index of all served documents for the litigation
that will be searchable and sortable according to methods that provide useful
access to the documents.

g. CONTENT AND FORMAT OF DOCUMENTS SERVED THROUGH THE ESP

(1) The document shall be served to the ESP either as a word-processing file or
as a scanned image of the document. Each document shall be titled so as to
identify the type and purpose of such document and the identity of the
attorney or party who is serving such document.

(2) Every pleading, document and instrument served electronically shall bear a
facsimile or typographical signature of at least one of the serving attorneys
and/or parties, along with the typed name, address, telephone number and
State Bar of California number, where applicable, of such attorney or party.
Typographical signatures shall be treated exactly as personal signatures for
purposes of electronically served documents under the Code of Civil
Procedure. The attorney and/or party serving any document requiring
multiple signatures (e.g., stipulations, joint status reports) must list thereon
all the names of other signatories by means of a “ s/ ” block for each.
By submitting such a document, the serving party certifies that each of the
other signatories has expressly agreed to the form and substance of the
document and that the serving attorney or party has the actual authority to
submit the document electronically. The serving attorney or party must
maintain any records evidencing this occurrence for subsequent production
to the court if so ordered or for inspection upon request by any party.

(3) A Registered User’s service of any document through the ESP shall be
deemed to include an implied warranty that to the best of the Registered
User's knowledge, the transmitted document does not contain malware.

h. PROCEDURE FOR SERVICE THROUGH THE ESP

(1) A document shall be served through electronic transmission to the ESP over
the Internet.

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(2) After the ESP receives a document, the ESP shall convert such document into
Adobe Portable Document Format (“PDF”) and post it to the Website within
one (1) hour of receipt.

(3) Within one (1) hour of the time a document is posted to the Website, the ESP
will notify all Registered Users that a document has been posted to the
Website. Registered Users will also receive a courtesy e-mail notification of
a filing with which they have been served. The email shall contain a
hyperlink to the document location(s) on the Website.

(4) Each Registered User shall retain an original dated hard copy with hand
written signature of all documents served electronically by that Registered
User. All such hard copies shall be made available for inspection in the
manner set forth in California Rules of Court, rules 2.251(i) and 2.257(a).

i. PROOFS OF SERVICE

(1) Written proofs of electronic service shall conform to Code of Civil Procedure
section 1013a and California Rules of Court, rule 2.251(i). The ESP's
transaction receipt may operate as the proof of service so long as it complies
with California Rules of Court, rule 2.251(i), and California Code of Civil
Procedure section 1013a.

(2) A proof of service page may be attached to the last page of any electronically
served document. Neither a separate caption page nor a separate filing of the
proof of service is required so long as the proof of service page contains a
caption referencing the case name and action number, is attached as the last
page of the electronically served document to which it refers, and references
the ESP's transaction receipt.

j. EFFECT OF ELECTRONIC SERVICE

(1) Each document electronically served pursuant to this rule shall be presumed
to have been served in compliance with the Code of Civil Procedure.

(2) The effective date of service shall be governed by California Rules of Court,

rule 2.251(h).

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k. TECHNICAL PROBLEMS AND ERRORS

(1) If electronic service does not occur or is delayed because of (1) an error
in the transmission of the document to the ESP or served party which was
unknown to the sending party, (2) a failure to process the electronic
document when received by the ESP, (3) an erroneous exclusion from the
service list, or (4) other technical problems experienced by the ESP, the party
or parties affected shall, absent extraordinary circumstances, be entitled to an
extension for any response or the period within which any right, duty, or
other act must be performed, provided the Registered User demonstrates that
he or she attempted to file or complete service on a particular day and time.

(2) In the event the technical difficulties described above result in a Registered
User being unable to comply with a statutory, court-ordered, or mutually-
agreed deadline, the Registered User may obtain an ex parte court order
granting an extension of time by following the standard ex parte procedure in
the California Rules of Court and the court’s local rules. Provided the
technical problem has been resolved and the Website is operating normally,
notice of the ex parte application may be given through the ESP. In addition
to the ex parte application, the Registered User shall file and serve a
declaration which describes the attempt(s) made, provides the reason service
did not occur or was delayed, states how and when the non-service or delay in
service was discovered, details the person’s efforts made to rectify the
situation, and states with specificity the extension of time sought.

(3) If the technical difficulties described above do not prevent a Registered User from
meeting a statutory, court-ordered, or mutually-agreed deadline, the Registered
User may file and serve a declaration which describes the attempt(s) made to serve
the documents, provides the reason(s) service did not occur or was delayed, states
how and when the non-service or delay in service was discovered, details the
person’s efforts made to rectify the situation, and states with specificity the
extension of time the party believes appropriate.

l. ELECTRONIC SERVICE OF ORDERS AND OTHER PAPERS BY COURT

The court may serve notices, orders, and other documents electronically subject to the
provisions of this rule.

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m. MODIFICATIONS TO THIS RULE

The court may, on a party’s motion or on its own motion, order modifications to this
rule in a specific case.

(Rule 4.15 adopted effective July 1, 2020, replacing the former standing order entered
December 4, 2014.)

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