California

Civil Procedure

Rule 3.1548 – Pretrial submissions for voluntary expedited jury trials

(a) Service

Service under this rule must be by a means consistent with Code of Civil Procedure sections 1010.6, 1011, 1012, and 1013 or rule 2.251 and be reasonably calculated to assure delivery to the other party or parties no later than the close of business on the last allowable day for service as specified below.

(b) Pretrial exchange for voluntary expedited jury trials

Unless otherwise agreed by the parties, no later than 25 days before trial, each party must serve on all other parties the following:

(1) Copies of any documentary evidence that the party intends to introduce at trial (except for documentary evidence to be used solely for impeachment or rebuttal), including, but not limited to, medical bills, medical records, and lost income records;

(2) A list of all witnesses whom the party intends to call at trial, except for witnesses to be used solely for impeachment or rebuttal, and designation of whether the testimony will be in person, by video, or by deposition transcript;

(3) A list of depositions that the party intends to use at trial, except for depositions to be used solely for impeachment or rebuttal;

(4) A copy of any audiotapes, videotapes, digital video discs (DVDs), compact discs (CDs), or other similar recorded materials that the party intends to use at trial for evidentiary purposes, except recorded materials to be used solely for impeachment or rebuttal and recorded material intended to be used solely in closing argument;

(5) A copy of any proposed jury questionnaires (parties are encouraged to agree in advance on a questionnaire);

(6) A list of proposed approved introductory instructions, preinstructions, and instructions to be read by the judge to the jury;

(7) A copy of any proposed special jury instructions in the form and format described in rule 2.1055;

(8) Any proposed verdict forms;

(9) A special glossary, if the case involves technical or unusual vocabulary; and

(10) Motions in limine.

(Subd (b) amended effective July 1, 2016.)

(c) Supplemental exchange

No later than 20 days before trial, a party may serve on any other party any additional documentary evidence and a list of any additional witnesses whom the party intends to use at trial in light of the exchange of information under subdivision (b).

(Subd (c) amended effective July 1, 2016.)

(d) Submissions to court for voluntary expedited jury trials

No later than 20 days before trial, each party must file all motions in limine and must lodge with the court any items served under (b)(2)-(9) and (c).

(Subd (d) amended effective July 1, 2016.)

(e) Preclusionary effect

Unless good cause is shown for any omission, failure to serve documentary evidence as required under this rule will be grounds for preclusion of the evidence at the time of trial.

(f) Pretrial conference for voluntary expedited jury trials

No later than 15 days before trial, unless that period is modified by the consent order, the judicial officer assigned to the case must conduct a pretrial conference, at which time objections to any documentary evidence previously submitted will be ruled on. If there are no objections at that time, counsel must stipulate in writing to the admissibility of the evidence. Matters to be addressed at the pretrial conference, in addition to the evidentiary objections, include the following:

(1) Any evidentiary matters agreed to by the parties, including any stipulations or admissions regarding factual matters;

(2) Any agreement of the parties regarding limitations on necessary or relevant evidence, including any limitations on expert witness testimony;

(3) Any agreements of the parties to use photographs, diagrams, slides, electronic presentations, overhead projections, notebooks of exhibits, or other methods of presenting information to the jury;

(4) Admissibility of any exhibits or demonstrative evidence without legally required authentication or foundation;

(5) Admissibility of video or written depositions and declarations and objections to any portions of them;

(6) Objections to and admissibility of any recorded materials that a party has designated for use at trial;

(7) Jury questionnaires;

(8) Jury instructions;

(9) Special verdict forms;

(10) Allocation of time for each party’s case;

(11) Motions in limine filed before the pretrial conference; and

(12) The parties’ intention on how any high/low agreement will affect an award of fees and costs.

(Subd (f) amended effective July 1, 2016.)

(g) Expert witness documents

Any documents produced at the deposition of an expert witness are deemed to have been timely exchanged for the purpose of (c) above.

Cal. R. Ct. 3.1548

Rule 3.1548 amended effective July 1, 2016; adopted effective January 1, 2011.

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