Santa Clara — Complex Civil Litigation Guidelines

Source: https://santaclara.courts.ca.gov/system/files/civil/complexcivillitigationguidelines_rem.pdf

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

GUIDELINES AND PROTOCOLS

COMPLEX CIVIL LITIGATION DEPARTMENT

Welcome to the Complex Civil Litigation Departments of the Superior Court of California, County of Santa Clara. We apply case management principles designed to reduce the time and expense normally associated with complex civil litigation cases.

Counsel are expected to be familiar with the applicable California Rules of Court, Local Rules – Superior Court of California, County of Santa Clara, The Santa Clara County Bar Association Code of Professionalism, and the Deskbook on the Management of Complex Civil Litigation. Counsel should also be familiar with the complex litigation portion of the Santa Clara County Superior Court website: https://www.scscourt.org/court_divisions/civil/complex/civil_complex.shtml.

Familiarity with these guidelines and protocols will answer common procedural questions and should assist you in your appearances in these Departments. Note: These Guidelines and Protocols are revised from previous versions. Your thoughts and suggestions are always welcome. Significant practice highlights include:

The website for the Complex Departments is now integrated into the Court’s site,

www.scscourt.org. Please go to the following portion of the Court’s website: https://www.scscourt.org/court_divisions/civil/complex/civil_complex.shtml.

Tentative rulings on motions of all types are posted online by 2:00 p.m. the day before the

hearing, and, unless an objection is properly raised by 4:00 p.m. the day before the hearing, the ruling will automatically become the Court’s order the next day. For specific information, go to: http://www.scscourt.org/online_services/tentatives/tentative_rulings.shtml and select the appropriate department.

Case management conference statements are to be in a combined format; see VII. 3 below.

No discovery motions may be filed until the parties have meaningfully met and conferred AND

met with the Court for an Informal Discovery Conference.

The Court requires detailed JOINT pre-trial statements in advance of a pre-trial conference

where counsel are expected to make concrete suggestions as to efficient trial management; see XI below.

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

Counsel should NOT use a Form CIV-110 in a case involving class or PAGA claims, as

resolution of such claims requires court approval.

For class actions, counsel should be familiar with the Court’s Guidelines for Motions Relating

to Class Certification and Guidelines for Motions Relating to Preliminary Approval and Final Fairness Hearings. Both sets of Guidelines are on the complex litigation portion of the Court’s website.

PLAINTIFF MUST SERVE A COPY OF THESE GUIDELINES WITH THE SUMMONS AND COMPLAINT.

TABLE OF CONTENTS

I. CONTACT INFORMATION ......................................................................................... 3 II. INTRODUCTION ........................................................................................................... 3 III. COURTROOM DEMEANOR, CONDUCT AND ETIQUETTE .................................. 4 IV. GENERAL MATTERS ................................................................................................... 5 V. EX PARTE APPLICATIONS ......................................................................................... 6 VI. DISCOVERY .................................................................................................................. 6 VII. LAW AND MOTION ..................................................................................................... 7 VIII. CASE MANAGEMENT CONFERENCE ...................................................................... 8 IX. CASE MANAGEMENT AND REFERENCE ORDERS ............................................... 8 X. MANDATORY SETTLEMENT CONFERENCES (MSC) ........................................... 9 XI. MINI-TRIALS ............................................................................................................... 10 XII. PRE-TRIAL CONFERENCE........................................................................................ 10 XIII. TRIALS - GENERALLY .............................................................................................. 12 XIV. TRIAL EXHIBITS ........................................................................................................ 18 CURRICULUM VITAE FOR JUDGE BETH MCGOWEN ........................................................ 20 CURRICULUM VITAE FOR JUDGE ELIZABETH C. PETERSON ......................................... 21

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

I. CONTACT INFORMATION

Department 22:

• Physical Address: Old Courthouse
161 North First Street, San Jose, CA 95113.

• Telephone & Email: The Honorable Beth McGowen 408-882-2340
Courtroom Clerk: Farris Bryant 408-882-2340
Email: department22@scscourt.org

Department 8:

• Physical Address: Downtown Superior Courthouse
191 North First Street, San Jose, CA 95113.
• Telephone & Email The Honorable Elizabeth C. Peterson 408-882-2180
Courtroom Clerk: Erica Gonzalez 408-882-2180

Complex Litigation Clerk (for both Departments 22 and 8):
• Civil Calendar Unit complex@scscourt.org

E-Filing Web Site: http://www.scscourt.org/forms_and_filing/efiling.shtml

II. INTRODUCTION

Complex cases suitable for assignment to the Complex Civil Litigation Department are defined in Rule 3.400, California Rules of Court (“CRC Rules”). Cases will be assigned to the Complex Civil Litigation Department, for all purposes, including discovery and trial, by the Court’s own motion, or on motion of any of the parties, pursuant to the procedures specified in Rule 3.400. Motions for complexity determination shall be heard in the Complex Civil Litigation Department. It is within the Court’s discretion to accept or reject a case for complex designation.

In general, cases assigned to the Complex Civil Litigation Department will be managed in accordance with the principles set forth in the Deskbook on the Management of Complex Civil Litigation (“Deskbook”).

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines III. COURTROOM DEMEANOR, CONDUCT AND ETIQUETTE

1. The Court expects formality, civility and proper decorum at all times. Witnesses and parties
are to be addressed and referred to by their surnames. COURTESY AND RESPECT TOWARDS

EVERYONE IN THE COURTROOM IS REQUIRED. Advise all witnesses and parties to
observe appropriate courtroom demeanor and punctuality. The civil and courteous treatment of
courtroom staff and opposing counsel is a paramount professional obligation of counsel.

The Santa Clara County Superior Court, by standing order, has adopted the Code of
Professionalism of the Santa Clara County Bar Association. Counsel are expected to be familiar
with the Code and use it as a guide for appropriate attorney behavior.

2. All pagers, cell phones and other audible electronic devices must be TURNED OFF while in
the courtroom whether or not court is in session, unless specific permission is obtained from the
Court.

3. Do not approach the Courtroom Clerk or reporter while court is in session for any reason.

4. Objections, statements and arguments must be addressed to the Court rather than opposing
counsel. Counsel may speak from the lectern (if present) or the counsel table. Counsel must stand
when objecting or addressing the Court. Counsel may approach any witnesses as necessary only
with leave of Court.

5. At the end of each day, counsel must clear work areas including the area in the rear of the
courtroom.

6. Use of the department’s copier or telephone requires the Court’s permission.

7. It is counsel’s responsibility to note the date and time set for any future hearing. Hearing dates
are set by contacting the Complex Litigation Clerk. Online hearing date reservations are available
on the Court’s website through CourtSchedule (Reservations - Santa Clara Superior Court).

8. Courtroom staff will not make copies at counsel’s request unless directed to do so by the
Court. Copy work completed by courtroom staff is subject to the current per-page copy fee.

9. If a peremptory challenge or challenge for cause is upheld, the case will be referred to the Civil
Supervising Judge for reassignment.

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

IV. GENERAL MATTERS

1. The Court expects all counsel to maintain regular communication with each other regarding hearing dates, progress of the case, and settlement possibilities. A condition of remaining in a complex department is that counsel will behave toward all counsel and other participants with civility, courtesy and professionalism, both in and out of court. Meeting and conferring with opposing counsel on both procedural issues as well as substantive issues is mandated.

2. Continuances of hearing or trial dates are discouraged and the Court may not in some circumstances grant a request for continuance even if the parties are in agreement. Stipulations to continue a hearing or trial date must include a suggested future hearing date or a suggested timeframe for a future hearing date and must include a proposed order with a blank line for the Court to fill in a new hearing or trial date.

3. In the event a case settles before a court hearing or trial date, parties must telephonically notify the Court as soon as the disposition is agreed upon and must file with the Complex Litigation Department either a Notice of Settlement, Request for Dismissal, a Stipulation for Entry of Judgment or a Judgment on Stipulation that is ready for the Court’s signature. If the applicable document is not ready, counsel must appear at the time scheduled for hearing and recite the settlement for the record.

4. Cross-complainants must serve a copy of these guidelines upon any new parties and give notice of any scheduled hearings and depositions at the time the cross-complaint is served.

5. All actions classified as complex or provisionally complex are subject to the Court’s Electronic Filing and Service Standing Order, unless exempted by order of the Court for good cause. Further information is posted on the Court’s website at http://www.scscourt.org/forms_and_filing/efiling.shtml.

6. For class actions, counsel should be familiar with the Court’s Guidelines for Motions Relating to Class Certification and Guidelines for Motions Relating to Preliminary Approval and Final Fairness Hearings. Both sets of Guidelines are on the complex litigation portion of the Court’s website.

7. Unless otherwise ordered to do so, do not provide paper courtesy copies of documents electronically filed or lodged with the Court.

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

V. EX PARTE APPLICATIONS

1. Ex parte applications are discouraged except in unusual situations. All ex parte applications will be determined on the papers unless the Court orders otherwise. Strict compliance with CRC Rules 3.1200-3.1207 and the Court’s Local Rules is required.

2. The Court is eager to assist counsel when specific problems arise that may not require a formal motion. To arrange a conference with the Court when all counsel agree to the advisability of such a discussion, please contact the department to reserve a time for the conference. In these instances “letter briefs” are not acceptable, but briefs on court pleading paper not exceeding 6 pages may be submitted. (Exhibits should not be attached to the brief unless absolutely necessary.)

3. The Court requires telephone or videoconference appearances (both through MS Teams) for hearings on ex parte applications, unless specific permission is given by the Court for counsel to appear in person.

VI. DISCOVERY

1. The Court believes in open discovery in accordance with the law, but expects counsel to refrain from engaging in excessive and abusive discovery.

2. Discovery meet and confer obligations require an actual conference (in-person, telephonic, or videoconference) between counsel. If a resolution is not reached, parties are required to have an Informal Discovery Conference (IDC) with the Court before filing any discovery motion, unless otherwise authorized by the Court. Each side must serve and lodge a short brief, limited to no more than 6 pages, two court days in advance of the IDC. (Exhibits should not be attached to the IDC unless absolutely necessary.) To schedule an IDC with the Court, please contact the department to obtain available dates and select one jointly with the other side.

3. Consistent with the Court's obligation and authority to manage complex litigation under the California Rules of Court and established case law, the time for bringing any motion to compel is tolled starting on the date a party makes the email request for an IDC to the Court, and as further ordered by the Court at or after the IDC.

4. Counsel and/or parties with full authority to resolve the discovery issue(s) must appear at the IDC unless excused by the Court.

5. The Court requires telephone or videoconference appearances (through MS Teams or a remote platform provided by the parties) for the IDC.

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

VII. LAW AND MOTION

1. Law and Motion matters are generally heard at 1:30 p.m. on Wednesday for Department 8 and at 1:30 p.m. on Thursday for Department 22.

2. Counsel must first clear the hearing date with the other parties before contacting the Complex Litigation Clerk. You must provide the Court with the name of the case, the case number, type of hearing, hearing date requested, and name and telephone number of the filing attorney. Online hearing date reservations may be available on the Court’s website through CourtSchedule.

3. Before the hearing of any motion, petition or application, all counsel and parties representing themselves shall meet and confer in a good faith effort to eliminate the necessity of the hearing.

4. The Court values the importance of the training of the next generation of trial lawyers, which must include substantive speaking opportunities in court. The Court strongly encourages the parties and senior attorneys to allow the participation of junior lawyers in all court proceedings, particularly in arguing motions where the junior lawyer drafted or contributed significantly to the motion or opposition.

5. Motions or applications to seal must be heard no later than any motion relying on the materials for which sealing is sought. Upon denial of a motion or application to seal, the moving party must notify the Court that the materials are to be filed unsealed (CRC Rule 2.551(b)(b)) or refrain from relying on the materials, which will not be part of the record.

6. When the Court sustains a demurrer or grants a motion to strike with leave to amend and an amended pleading is filed, the plaintiff or cross-complainant shall file with its opposition to any successive demurrer or motion to strike a redline comparing the amended pleading to the previous version of the pleading.

7. Counsel for moving parties must notify the Court as soon as possible regarding any matter to be taken off calendar or continued. Notice of continuances of hearings must be provided by the moving party.

8. Counsel may appear in person for law and motion hearings, but may also appear by telephone or videoconference (both through MS Teams).

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

VIII. CASE MANAGEMENT CONFERENCE

1. The first case management conference is generally scheduled one hundred twenty (120) days after the action is filed. Plaintiff is required to give notice of this conference date to all other parties.

2. Case Management Conferences are generally heard at 2:30 p.m. on Wednesday for Department 8 and at 2:30 p.m. on Thursday for Department 22. Such conferences are scheduled as necessary to monitor the progress of the case and to assist counsel and the parties as the matter progresses. The parties should expect the Court to schedule a status conference approximately every 120 days.

3. Judicial Council Form CM-110, Civil Case Management Statement (required by CRC 3.725(c)), is not well-suited for complex cases. Instead, the parties shall file a joint case management statement no later than five calendar days before the hearing for each conference addressing the following subjects:

   (a) a brief objective summary of the case, (b) a summary of any orders from prior case management conferences and the progress of the parties’ compliance with said orders, (c) significant procedural and practical problems that may likely be encountered, (d) suggestions for efficient management, including a proposed timeline of key events, and (e) any other special consideration to assist the Court in determining an effective case management plan.

A status conference statement may be filed as an alternative to the case management statement when appropriate. A status conference statement is generally less detailed than a case management statement and is to be used to advise the Court of progress or developments in the case which have occurred since the last review hearing.

4. Counsel may appear in person for case management conferences, but may also appear by telephone or videoconference (both through MS Teams).

IX. CASE MANAGEMENT AND REFERENCE ORDERS

1. Case Management Orders are not required in all cases, but may be helpful in cases where the sequencing and timing of key events are necessary in the management of the litigation and preparation of the case for trial. However, even if a case management order is not necessary in a particular case, all complex cases must be managed by counsel, or the Court, or both.

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

2. Mediation and Reference matters should not commence until all parties are before the Court but not later than six months after the original complaint was filed, except for good cause.

3. Mediation and Reference matters should be concluded 12 months after their initiation (approximately 18 months after the original complaint was filed), except for good cause.

4. Brevity in drafting the Order may help focus your case and assist in reaching the desired goal (i.e., early informed resolution of your case in a cost-effective manner).

5. After a date is scheduled with the Court, it may not be continued by stipulation of the parties without the Court’s consent.

X. MANDATORY SETTLEMENT CONFERENCES (MSC)

1. The trial judge may conduct the MSC. If there is an objection to the trial judge’s participation in the MSC, counsel must advise the Court as soon as possible, and in no event, later than the date the MSC is set. No case will be tried before a good faith effort is made to settle. Mandatory settlement conferences set on the Court’s calendar are typically set at the time the trial is set, and generally, the final mandatory settlement conference takes place a week to two weeks before the first day of trial, typically on a Wednesday.

2. Trial counsel, parties, and persons with full authority to settle the case must personally attend unless excused by the Court. If insurance coverage is available to satisfy the plaintiff’s settlement demand and a representative of defendant’s insurer with full settlement authority attends the mandatory settlement conference with defendant’s trial counsel, named defendants need not attend unless their personal consent is necessary to settle the case. Named defendants must also personally attend the mandatory settlement conference when (a) there is an insurance coverage dispute; (b) plaintiff seeks to recover damages not covered by insurance; or (c) plaintiff’s demand exceeds insurance policy limits. Failure to appear will result in the imposition of sanctions. Settlement Conference Statements must be filed at least five (5) court days before the scheduled conference (Rule 3.1380).

3. Any request for a waiver of the requirement to personally appear at the MSC, whether conducted by the Court or not, must be made by written application to the Court.

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

XI. MINI-TRIALS

There may be a pivotal issue, such as a special defense or evidentiary ruling, upon which the rest of the case depends. If counsel agree, the Court will set aside time before or during the trial to hear mini-trials on such issues. Time will be appropriately limited. Briefs and factual stipulations must be submitted in advance. Limited testimony may be taken, for example, as in an Evidence Code § 402 situation. Contact the Complex Litigation Clerk to schedule a date and submit a stipulation signed by all counsel.

XII. PRE-TRIAL CONFERENCE

There will be a detailed pre-trial conference 10-15 days before trial to discuss procedural issues and preliminary matters in order to make the trial process as predictable and smooth as possible. Counsel may appear in person, in telephone, or by videoconference (by MS Teams), unless the Court specifically orders how counsel should appear.

The conference may be a time for the Court to discuss trial evidence presentation and use of audio- visual equipment. The conference is not for the purpose of hearing motions in limine. An example of an issue for the conference: Product liability case in which the manner of presenting the underlying case is of concern. Will the Court allow counsel to read the transcript into the record? Live testimony? A combination of transcript and live testimony? Is a trial by jury requested? Will witnesses be appearing live, telephonically, or by videoconference?

At least 10 days before the pretrial conference, counsel shall meet and confer and execute necessary documents listed below. Counsel shall meet in person (or by telephone or videoconference) at a mutually agreeable time and location.

At the meet and confer, the parties shall:

1. Prepare a Joint Statement of the Case.

2. Prepare a Joint Witness List, excluding impeachment or rebuttal witnesses, with accurate time estimates.

Witness lists should not be exaggerated. Only witnesses that a party expects to actually call should be listed, with a brief synopsis of the proposed testimony. In addition to the list contained in the statements, each list should also be prepared in the form attached as follows. Witnesses should be listed last name first. Titles (e.g. Dr., Officer) should be placed after the comma following the last name. This is so that lists can be sorted correctly.

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

As noted above, counsel should include in their witness list the amount of time they expect to
spend on direct examination of each witness. The amount of time should be stated in minutes (not
days or hours). Counsel must also be prepared to state at the conference how much time they will
require for cross-examination of each witness identified on the other party’s list.

At the conference the Court will make separate arrangements for the preparation of a joint list, for
jury selection purposes, of possible witnesses and persons or entities that might otherwise be
mentioned at trial.
Format for Witness Lists
Plaintiffs’ List

Party Direct Cross Redirect Witness (P or Total Subject (min.) (min.) (min.) D)
Formation of Smith, John P 20 30 5 55 contract

Brown, Nancy P 15 20 5 40 Breach of contract

White, Ron P 70 10 15 95 Damages

Formation of Black, Peter P 60 30 15 105 contract

Garcia, Dr. Ruth P 120 100 30 250 Damages

Arrest of Susan Rogers, Officer Ted P 60 30 10 100 Petersen

Defendant’s List
Party Direct Cross Redirect Witness (P or Total Subject (min.) (min.) (min.) D)
Formation of D 20 10 5 35 Doe, Edward contract

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

Chang, Sam D 75 30 15 120 Damages

Martin, Dr. Eric D 120 60 30 210 Damages

3. Exchange exhibits and inspect photos and diagrams (to be submitted on the date of trial),
excluding those contemplated to be used for impeachment or rebuttal. Stipulate to all
facts amenable to stipulation.

4. Prepare a Joint List of Controverted Issues. If all the parties fail to agree to an issue as
controverted or uncontroverted, then the issue is controverted. (Required for both jury
and non-jury trials).

5. Exchange all motions in limine.

6. Prepare voir dire questions for the Court to include when examining the panel.

7. Execute the Statement of Compliance indicating counsel has complied with the Local
Rules and these Guidelines.

8. Prepare joint proposed jury instructions (CACI only) and verdict forms, and exchange
disputed instructions.

XIII. TRIALS - GENERALLY

1. General Matters – the following applies to all trials (jury and non-jury):

a. Except for the afternoon devoted to motions and case management conferences, jury
trials generally will proceed 4.5 days a week as follows: Monday through Friday (9:00
a.m. to 4:30 p.m.), except for the 1 afternoon per week each Complex judge devotes to

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

law and motion matters and case management conferences (Wednesday afternoon for
Department 8, Thursday afternoon for Department 22).

b. Jury deliberations will proceed five days a week, from 9:00 a.m. to 4:30 p.m., unless
otherwise specified by the Court.

c. Trial attorneys must be in the courtroom 30 minutes before the start of each morning
session, unless another time is agreed upon by the Court. Counsel should expect that
the court will take appropriate action if counsel is late for any appearance and does not
have a justification for a late appearance.

d. Before rearranging tables or other courtroom furniture, or installing equipment such as
projectors or screens, permission must first be obtained from the bailiff or the Court.

e. Unless the Court expressly advises otherwise, counsel may not approach a witness who
is testifying to hand the witness exhibits, or to help the witness locate portions thereof,
without first obtaining the Court’s permission.

f. Counsel must advise opposing counsel and the Court of the identity of each witness
intended to be called no later than 4:30 p.m. on the court day preceding the time for the
witness or witnesses to testify.

g. Counsel presenting their case shall be expected to have witnesses ready to call through
at least 4:30 p.m., and may be deemed to have rested their case if they are not prepared
to proceed. Counsel shall advise the Court immediately of any circumstances that may
prompt a request for a modification of the established trial schedule.

h. Counsel should advise the Court at the outset of the proceedings, or as soon as the issue
becomes apparent, of any legal issues or evidentiary matters that counsel anticipate will
require extended time for consideration or hearing outside the presence of the jury.

i. If during the course of trial, counsel wish to discuss a matter with the Court and
opposing counsel outside of the presence of the jury, counsel MUST advise the Court
of this request at the conclusion of the preceding court session and NOT immediately
before proceedings are scheduled to resume.

j. The amount of jury fees required to be posted in advance of a jury trial is $150.00. (See Code Civ. Proc., § 631, subd. (b).) If a case settles after jury fees have been deposited, the jury fees will not be returned unless the Court is notified of the settlement by 2:00 p.m. on the court day preceding the trial date for which the deposit was made.

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

k. The Court does not provide court reporters in complex civil cases. (See General Local
Rule 7.) If one or more parties privately arrange for court reporter services, the failure
of such court reporter to appear will not be grounds for continuing or delaying a trial or
other proceedings.

l. Counsel must confer in advance of the trial, attempt to stipulate on as many issues and
facts as possible, and reduce all stipulations to writing. The written stipulation is filed
and during jury trials is read aloud into the record.

m. The Court strongly encourages the parties and senior attorneys to permit junior
lawyers to have an important role at trial, including the examination of witnesses.

2. Documents

Unless the case was settled at the Mandatory Settlement Conference or dismissed in full
prior thereto, or unless otherwise ordered by the Court, the following items must be
delivered to the department on the morning of the first day of trial:

a. all in limine motions and a list of the in limine motions;

(2) exhibit lists/indices, except impeachment exhibits;

(3) witness lists, except impeachment witnesses, and unusual scheduling problems;
each witness listed shall include a succinct (no more than one or two sentences)
statement of the general subject matter of the witness’ testimony and an estimate of
the time that will be required for the direct examination of each such witness;

(4) jury instruction requests, except for instructions that cannot reasonably be
anticipated prior to trial;

(5) proposed special verdicts;

(6) any stipulations on factual or legal issues;

(7) a concise, non-argumentative statement of the case to be read to the jury in jury
trials;

(8) trial briefs;

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

(9) the original of all deposition transcripts to be used during the course of the trial.
If counsel anticipates reading from the deposition transcript for any purpose other
than impeachment, counsel must deliver to opposing counsel a written specification
of the pages and lines proposed to be read.

Counsel seeking to display to the jury any exhibit which required time and equipment to
observe, such as slides, transparencies, movies, videotapes and audiotapes, MUST make
such exhibit available to opposing counsel for review prior to commencement of the
session of court at which the exhibit will be used. Proceedings will not be delayed to
permit such a review if the review has not occurred by the time court is scheduled to begin.

3. Technology

Counsel must meet and confer regarding the use of computers, projectors, screens and
other forms of equipment for showing evidence to the jury or Court. Counsel must confer
with court staff regarding the placement and use of any such equipment.

4. Stipulations

Before the commencement of trial, all counsel will be requested to stipulate:

1. At the commencement of each session of the Court, all parties, attorneys and jurors are
present unless otherwise indicated.

2. After the first occasion on which the jury has been admonished not to discuss or
prejudge the case in conformity with CCP § 611, the jury will be deemed to have been
so admonished at every subsequent recess or separation without the need for further
admonition; and

3. Reporting of juror voir dire and jury instructions are waived.

5. Opening and Closing Arguments

a. Counsel should avoid discussing routine matters of court procedure, such as the
sequence of trial, in opening statements and closing arguments. These matters will
be covered by the Court and need not be repeated by counsel.

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

b. Do not display charts, diagrams or proposed exhibits to the jury until they have
been shown to opposing counsel outside of the presence of the jury. If opposing
counsel indicates no objection, the exhibits or other object may be displayed to the
jury without first requesting Court approval. If opposing counsel objects, the exhibit
or object may not be displayed without Court approval, which must be requested
outside the presence of the jury.

6. Examination of Witnesses

i. Objections: Counsel should only state the legal ground(s) of objection and, unless
the Court specifically requests explanation or argument, should refrain from
argument, elaboration, or any other form of extended objection-making. Counsel
may request permission to approach the side bar to present argument, but should
not approach unless and until the Court grants the request.

ii. When calling a witness to testify under Evidence Code section 776, do not
announce in the presence of the jury that the witness being called under this provision
or as a “hostile” or “adverse” witness. Simply proceed with the examination of the
witness; the Court will rule upon the applicability of section 776 only if such a ruling
is required by an objection asserted by opposing counsel.

iii. Do not propose a stipulation to opposing counsel in the hearing of the jury unless
there is prior agreement of counsel.

7. Transcripts

i. If counsel anticipates requesting a transcript of the testimony of any witness or
other proceedings during the course of trial, arrangements should be made with the
court reporter in advance so that arrangements can be made to obtain a second court
reporter if necessary.

ii. If counsel requests any court reporter to prepare a transcript of any portion of the
proceedings, counsel MUST contemporaneously advise opposing counsel of the
request and of the precise portions that will be transcribed.

8. Jury Trials

i. Motions in limine and other trial-related preliminary motions (such as Evidence
Code § 402) must be submitted in writing before answering ready. Motions in
limine may be ruled on by the Court without hearing. Such motions should be brief

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

and should address specific subject matter. (See Amtower v. Photon Dynamics,
Inc., (2008) 158 Cal.App.4th 1582.)

ii. CACI instructions are to be used whenever feasible. Submit proposed instructions
in Word format. When reasonably possible, mark up the official version rather than
retyping so the changes are apparent to the Court and other counsel. The Court
may send multiple “clean” sets of instructions provided by counsel into the jury
room. “Clean” means just the text of the instruction, as corrected. Plaintiff has the
primary, but not exclusive, responsibility to provide the “clean” sets, in binders.

iii. Counsel should consider stipulating that the determination as to which members of
the trial jury shall be alternates will be determined by random draw of names
immediately before deliberations commence. If counsel so stipulate, the size of the
panel selected at the outset of trial will be 12 plus the number of alternates expected
to be needed, with the peremptory challenges allotted to each side increased by the
number of jurors in excess of 12.

iv. Hardship Requests - Requests by members of the panel to be excused on the ground
of undue hardship will be considered by the court prior to beginning voir dire
examination.

v. Jury selection proceeds generally under the “6 pack” method, modified to fit the
case. Court and counsel will work out the management of voir dire in accordance
with Code of Civil Procedure section 225.5 to fit the circumstances of the case.
Counsel may submit specific juror questions for the Court to consider asking during
voir dire.

vi. Voir dire examination will initially be directed to 18 or more members of the jury
panel seated in the jury box. Any of these 18 or more panel members excused for
cause will be replaced by additional panel members before peremptory challenges
begin. Peremptory challenges will then proceed, directed to the first 12 panel
members, who will be replaced by the next six panel members in order as any of
the 12 are peremptorily challenged. The peremptory challenges will continue until
the panel seated in the jury box is reduced to 11 members, at which time additional
panel members (normally an additional seven) will be selected and examined prior
to resuming peremptory challenges. Whenever there are successive passes from all
parties who have not exhausted their challenges, or all parties exhaust their
challenges, the jury has been selected and will be sworn. The same process will
then continue for the selection of alternate jurors.

vii. All challenges for cause will be heard out of the hearing of the jury panel.

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

viii. The Court will initiate voir dire examination. Upon completion of the judge’s
examination, counsel will have the right to examine the jurors within reasonable
time limits prescribed by the trial judge. (See Code Civ. Proc., § 222.5.)

ix. The Court preinstructs the jury once it is empaneled. CACI Instructions relating to
the basic responsibilities of the jurors, management of evidence and the like will be
given and, in most cases, repeated at the close of trial.

x. Objections of any kind are to be addressed to the Court (not to other counsel) with a
concise statement of the legal grounds. Argument on the objection without
invitation by the Court is not permitted. Advise the Court if argument is necessary
for the record.

xi. Make no references to charts, models, blowups or other demonstrative evidence in
front of the jury unless: (a) it is in evidence; (b) counsel have previously stipulated
the item is in evidence; or (c) you have leave of Court to make that reference.

xii. TRIAL EXHIBITS

a. Introduction

i. The electronic representations of such exhibits may be presented to
the jury/Court as substitutes for the exhibits themselves. Counsel
should keep in mind that one of the purposed of the complex project
is to enhance the orderly presentation of evidence to the fact finder,
and to maintain the record for potential post trial proceedings.

ii. Exhibits may be in either electronic or physical form. Physical
exhibits are not required to be presented in a digitized format.
However, at the conclusion of trial the court may order that a photo
be substituted and stored electronically in lieu of the physical
evidence.

iii. Parties must exchange exhibits excluding documents for bona fide
impeachment at the Pre-Trial Meet and Confer. Each counsel must
provide the Court with an EXHIBIT LIST describing each exhibit,
indicating whether the exhibit is to be admitted into evidence by
stipulation.

iv. Counsel must submit to the Courtroom Clerk original negotiable
instruments for cancellation pursuant to Rule 3.1806, unless
otherwise ordered by the Court.

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

b. Submission of Exhibits

i. Counsel must provide the Court with the exhibits, plus one copy.

Exhibits will be marked by the Courtroom Clerk, as they are identified, in chronological order. Exhibits shall not be pre-marked

by counsel.

ii. Enlargements and transparencies normally will not be admitted into

evidence. Any large exhibit or transparency should be accompanied

by an 8½ x 11 version to which the exhibit tag is attached. Models, etc. should be photographed if proposed as exhibits. Be sure to discuss evidentiary issues of this nature with opposing counsel.

iii. Responses to interrogatories and requests for admission that are

expected to be used at trial must be extracted and lodged with the Court, and a copy given to counsel, at the appropriate time. In jury trials, questions and answers must be read into the record, subject to proper objections. The extracts may be submitted as exhibits in a

Court trial. In no case will entire sets of written discovery documents be lodged or received.

iv. Before trial commences, counsel will be asked to sign a stipulation for the return and maintenance of exhibits when the trial is

completed. Plaintiff will maintain joint exhibits, unless otherwise stipulated.

c. Use of Deposition Transcripts

i. Deposition transcripts that are expected to be used at trial must be

lodged with the Court on the first day of trial. Pertinent provisions must be read into the record in jury trials, subject to proper objections. In Court trials, extracts may be submitted and marked as exhibits. In no case will an entire transcript be received.

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

CURRICULUM VITAE FOR JUDGE BETH MCGOWEN

Judge Beth McGowen Superior Court of California

County of Santa Clara 191 North First Street San Jose, California 95113 Department 22 408-882-2340

Judge Beth McGowen began her legal career at McCutchen, Doyle, Brown & Enersen. She worked her way up from litigation associate to counsel to equity partner. Judge McGowen continued as an equity partner after the firm merged to become Bingham McCutchen. Judge McGowen tried a variety of cases including intellectual property, healthcare, employment, and trade secret matters. She served as the firm’s National Hiring Partner for two years and office Hiring Partner for eleven years. She is a past member of the Board of Directors for the Silicon Valley Law Foundation and past president of the Santa Clara County Bar Association’s Women Lawyers Committee. Governor Schwarzenegger appointed her to the bench in 2009. Her judicial career has included serving in all divisions of the court, including criminal, juvenile justice, domestic violence, civil trials, appellate, civil case management, and family court. She recently supervised the Civil Division and completed her term as Assistant Presiding Judge followed by Presiding Judge in 2023 and 2024. She has served on the South County Mayor’s Gang Task Force and the County’s Public Safety & Justice Committee. Court Committees have included the Domestic Violence Committee, the Education Committee, and Chair of the Court’s Personnel Committee and Chair of the Strategic Planning Committee. She currently sits on the Judicial Council’s Advisory Committee for Civil and Small Claims.

Superior Court of California, County of Santa Clara 191 North First Street San Jose, CA 95113 Revised 08/31/2026 Complex Civil Guidelines

CURRICULUM VITAE FOR JUDGE ELIZABETH C. PERTERSON

Judge Elizabeth C. Peterson Superior Court of California County of Santa Clara 191 North First Street San Jose, California 95113 Department 8 408-882-2180

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