San Bernardino — Trial Setting Orders

Source: https://sanbernardino.courts.ca.gov/system/files/civil/s37trialsettingorders.pdf

TRIAL SETTING ORDERS. ESTIMATED TRIAL LENGTH CASE NUMBER SAN BERNARDINO SUPERIOR COURT — DEPTS7DoEWnSTONoavs/uuryJP

TRIAL READINESS CONFERENCE (TRC): THURSDAY 8:30.a.m. TRIAL DOCUMENT EXCHANGE: (non-appearance)

TRIAL: MONDAY 10:00 a.m. TRIAL DOCUMENTS FILING DATE?:

THE COURT FURTHER ORDERS AS FOLLOWS:

toTRIAL DOCUMENTS —The parties are ordered to meet and confer with respect to all issues arising from this Order;

exchange all necessary documents, and file directly in the Dept $37, by the “TRIAL DOCUMENTS FILING DATE” noted above, the following document: FILESTAMP

1. Joint witness list
Joint exhibit list (In the form attached) (Exhibits shall be
pre-marked in numerical order and if multiple pages,
Date stamped at the bottom of each page)
3. Joint Statement of the Case. - Plaintiff's Jury Instructions/Special Verdict
5. Trial briefs

EXHIBITS — The parties shall exchange and inspect allexhibits not furnished during discovery. Exhibits shall be placed in A 3-ring binder with 2 sets for the Court, 1 set for the witness and 1 set for the opposing party. The Courts Judicial Assistant will email the exhibit listtemplate to Counsel. Please provide the JA with your email addresses, Counsel are to return one completed joint list via email to the JA at LMariscal@sb-court.org

JURY INSTRUCTIONS — Plaintiff shall submit, in compliance with CRC Rule 2.1055, a complete set ofjury instructions {with a generic pleading cover sheet) with an itemized listof the CACI Instructions and Special Instructions, ifany. Defendant's jury instructions are due filed on the first day of trial and should only include additional instructions not previously submitted by Plaintiff and a listof objections to Plaintiff's instructions.

MOTIONS IN LIMINE — Motions in limine shall comply with Local Rule 415 and the parties are expected to read and be familiar with Amtower v Photon Dynamics Inc., (2008) 158 CA4th 1582; Kelly v New West Financial Services (1996) 49 CA4th 659; and R & B Auto Center Inc. v Farmers Group Inc. (2006) 140 Cal. App. 4'" 327. The parties are required to meet and confer via telephone or in person before filing and serving any motions in limine. Counsel for the moving party shall file adeclaration showing compliance with the court's meet and confer requirements. All motions in limine and opposition shall be filed and served directly to Dept S-37 at least 5 days before the Trial Readiness Conference. SUA SPONTE RULINGS FOR TRIAL — Attached are Orders applicable to all trials.

LOCAL RULES -The parties are expected to be familiar with all the applicable local rules for trial (Local Rules 411 et seq.)

IF YOU HAVE ANY QUESTIONS, PLEASE CALL OR EMAIL MY JUDICIAL ASSISTANT, LILIANA MARISCAL at: (909) 708-8707. LMariscal@sb-court.org bh fee WINSTON KEH HONORABLE£1 S — b

SUA SPONTE RULINGS OF THE COURT FOR TRIAL

1. No witness may be called, except with Court permission in exceptional circumstances, unless notice has been given to all parties of the date when the witness will testify. Notice shall be given no later than at the end of the court day proceeding the court day before the witness is to testify (e.g., Thursday session for next court session on following Monday).

2. All witnesses will be excluded from the courtroom, unless otherwise ordered, excepting those for whom an exception exists at law (e.g., parties and corporate representatives).

3. Evidence of, or reference to, settlement negotiations, mediation, and materials related thereto which are privileged under the Evidence Code or by agreement of the parties shall not be allowed.

4. Evidence of, or reference to, insurance or the fact that an attorney is employed by, or has been compensated by, an insurance company shall not be allowed.

5. Evidence of, or reference to, other claims or actions against any party to the litigation shall not be allowed without permission of the Court.

6. Evidence of, or reference to, the financial position or wealth, or lack thereof, of any party to the litigation shall not be allowed without permission of the Court.

7. General motions in limine regarding evidence not produced in discovery will not be granted. Where parties expect a dispute regarding the admission of evidence, they should advise the Court at the earliest opportunity. If an issue arises at trial, each party must be prepared to share with the Court the actual discovery record.

8. Audio-Visual Equipment: The courtroom is equipped with a computer projector, DVD player, document projector ("Elmo") and screens. Connections for the use of computers which tie into the projector are available at counsel tables. There is also a standard DVD/VCR combination player available in the courtroom and deliberation room. IT WILL NOT PLAY BLU-RAY DISKS. Please be sure that any DVDs you create on computers will be compatible with the regular DVD players

and when creating your DVD that you are setting the correct software options to ensure proper playback in the court's DVD player.