San Bernardino — Courtroom Jury/Bench Trial Rules

Source: https://sanbernardino.courts.ca.gov/system/files/civil/r17courtroomjurybenchtrialrulesandcourtstrialorders.pdf

Sparse pages use OCR; original PDF remains authoritative.

JUDGE OCHOA’S COURTROOM JURY/BENCH TRIAL RULES AND COURT’S TRIAL ORDERS

1. Counsel, witnesses and parties are to be civil and polite at all times towards opposing counsel, parties, witnesses and all court personnel.
2. Opening statements are made from the lectern not in front of the jury box nor the well. Closing argument may be made in front of the jury box.
3. Upon the swearing-in of the witness, wait for permission from the court to begin inquiry. i
4. There are to be no speaking objections. Objections should be made in legal form without argument (e.g., Objection, hearsay). Counsel should never offer argument in support/opposition of an objection or without asking to be heard, regardless of whether it is a jury or bench trial. Counsel can request to approach and any argument on the objection will occur at the bench or in chambers when dealing with jury trials. Do not engage opposing counsel with argument during the examination process, your proper objections and arguments are to be addressed to the Court only.
5. Counsel will not be argumentative with the Court. When a ruling is made, that is not an invitation for further argument. We move on.
6. Requests for read backs are to be directed to the court, not the court reporter.
7. All witnesses and parties are to be referred to by their surnames only and counsel must stand when questioning witnesses.
8. All witnesses should face the examiner when being questioned.
9. Do not enter the well without permission from either the Court or the Bailiff.
10. Witnesses may be approached after requesting permission. Once you are given permission to approach that witness, you need not ask again.
11. Jury Instructions are to be submitted to the court on the first day of trial.
12. Do not approach the Courtroom Clerk when Court is in session.

13. Have all exhibits marked before the start of testimony and make certain that each party, or their counsel, has reviewed them. If you are using any PowerPoint slides in your opening or closing, make sure they have been shown to the opposing side. Any objection to the slides can be handled in chambers.
14. DO NOT publish any documents without prior court permission.
15. Identify each exhibit for the record each time it is published regardless of whether it has been previously identified. For example “Identifying exhibit A, having been previously published...” This will help to keep the record straight and alert counsel that an objection is not needed.
16. Do not ask the witness to do anything other than testify without prior court permission (i.e., “Please draw on the board”...; “Please read the document”...)
17. Counsel are required to advise the witnesses of any of the rules pertaining to them and of the Court’s rulings on motions in limine.
18. Counsel should be prepared to start every day at 9:30(Jury trial only), as we will be going over jury instructions each day before trial until completed.
19. Do not lean, sit or place items on the rails.
20. Be here early every day, or as your fallback position, please be on time. THESE ARE NOW THE COURT’S TRIAL ORDERS. PLEASE BE FAMILIAR WITH THEM AS THIS CONSTITUTES YOUR NOTICE PURSUANT TO CCP 177.5. FAILURE TO OBEY THESE LAWFULLY ISSUED ORDERS WILL SUBJECT YOU TO ALL AVAILABLE SANCTIONS. JUDGE OF THE SUPERIOR COURT