CIVIL RULE 8: TRIAL SETTING, MANDATORY SETTLEMENT CONFERENCES AND TRIAL
A. TRIAL SETTING
B. MANDATORY SETTLEMENT CONFERENCE
C. ASSIGNMENT TO TRIAL
D. SERVICE AND LODGING OF DOCUMENTS
E. APPEARANCE ON THE DATE SET FOR TRIAL
F. EXPEDITED JURY TRIALS
The trial date will be set by the case management judge at a Trial-Setting Conference or other conference. If the time estimated for trial is more than one day, a Mandatory Settlement Conference will be scheduled to take place during the week before the trial date.
If a Mandatory Settlement Conference has been scheduled, the Court will send written notice of the time, date, and department. No later than 5 court days before the date set for the settlement conference, each party must submit to the Court and serve on each party a Settlement Conference Statement not to exceed five pages, excluding exhibits. The conference will be supervised by a judge or temporary judge. Lead 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 plaintiff's settlement demand and a representative of defendant's insurer with full settlement authority attends the mandatory settlement conference with defendant's lead 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 (1) there is an insurance coverage dispute; (2) plaintiff seeks to recover damages not covered by insurance; or (3) plaintiff's demand exceeds insurance policy limits.
Before the date set for trial, the Court will advise the parties by telephone if the case is assigned to a trial judge or placed on standby.
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 lodged in the department of the trial judge or, if none, with the Court’s calendar secretary, and served on all other parties by noon on the last court day before the date set for trial:
(1) all in limine motions;
(2) exhibit lists, except impeachment exhibits;
(3) witness lists, except impeachment witnesses, and unusual scheduling problems;
(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.
Trial counsel must appear in the department assigned for trial at 8:45 am on the date set for trial, unless otherwise instructed by the Court’s calendar secretary.
(1) The provisions of Rule 8A through E do not apply to expedited jury trials conducted pursuant to Code of Civil Procedure (CCP) § 630.01, except as specified in the consent order or as ordered by the trial judicial officer.
(2) Parties desiring to participate in an expedited jury trial may submit to the case management judge at any pretrial Case Management Conference, but no later than the Trial Setting Conference, a proposed consent order fully compliant with CCP § 630.03(e). (See attached form CV-5056 ). If no Case Management Conference is scheduled, the parties may submit a stipulated proposed consent order ex parte or by motion. The case management judge, if adopting the proposed consent order, will set a pretrial conference pursuant to CRC 3.1548(f) in the department of the trial judicial officer.
(3) The pretrial exchange required by CRC 3.1548(b) shall be served no later than 10 days before the pretrial conference. The service of the supplemental exchange required by CRC 3.1548(c), the filing required by CRC 3.1548(d), and the exchange of items required by CRC 3.1551(b), shall take place no later than five days before the pretrial conference.