|Department 67 Policies and Procedures - Honorable William S. Dato|
Rev. March 29, 2013
Honorable William S. Dato, Presiding
Conformity with Local Rules: Unless otherwise indicated herein, Department 67 strictly adheres to the San Diego Superior Court Local Rules, Division II.
|| (619) 450-7067
|| (619) 450-7304- Phone hours: 8:00 a.m. to 3:00 p.m.
Case Management Conferences: Case Management Conferences are heard on Friday. Counsel shall file a Case Management Statement pursuant to California Rules of Court, rule 3.725. Continued Case Management Conferences do not require a new statement unless directed by the Court. Telephonic appearances are allowed.
Continuances: Case Management Conferences and Failure Hearings may be continued 1-2 weeks by stipulation of counsel. Request to continue Trial, Trial Readiness Conference and Motion Cut-off dates may be requested through a Stipulation and Proposed Order. The Court will review the stipulation and proposed order and, if necessary, will contact the parties to appear at an ex parte hearing to discuss trial deadlines.
Default Prove-up Hearings: Default Prove-up Hearings are heard on Fridays at 3:00 p.m. and must be reserved through the Courtroom Clerk at (619) 450-7067. A date will only be given if your default papers are ready to be filed. A mandatory appearance by plaintiff(s) is required.
Ex Parte Matters: Fee for ex parte applications: $60. No fee is required for either discovery meet and confer or minor's compromise hearings. Ex parte appearances must be reserved through the Calendar Clerk at (619) 450-7304 and are scheduled Tuesday, Wednesday and Thursday at 8:30 a.m. Ex Parte papers are due no later than noon the business day prior to the hearing. For meet and confer hearings, a declaration stating the issues in dispute along with what has been requested and any responses given shall be filed no later than noon the business day prior to the hearing.
Failure Hearings: Telephonic appearances are allowed.
Law and Motion Matters: Motions are heard on Friday at 1:30 p.m. by reservation through the Calendar Clerk at (619) 450-7304. A tentative ruling will be posted on the San Diego Superior Court website (www.sdcourt.ca.gov) no later than 4:00 p.m. the Court day before the hearing date. Motions are heard pursuant to California Rules of Court, rule 3.1308(a)(2). Judge Dato encourages parties to schedule a meet and confer hearing when reserving a discovery motion.
Minor's Compromise: Where a hearing is necessary, minor's compromises will generally be set on Tuesday, Wednesday and Thursday at 8:30 a.m. The Guardian must be present. Minors must be present if they are over 13. Minor's compromise papers must be submitted in advance; the court will advise if a hearing is necessary. No fee is required.
Settlement Conference: Settlement briefs are to be submitted to the settlement judge at least five court days prior to the hearing. Settlement Conferences are calendared through Judge Jay M. Bloom’s department at (619) 450-5033, but only with Judge Dato’s prior approval. Appearances by all parties are mandatory.
Telephonic Appearance: Telephonic appearances are pursuant to California Rules of Court, rule 3.670. CourtCall® is the designated provider of teleconferencing services for court appearances for the San Diego Superior Court. Call (888) 882-6878 for details.
PERSONAL APPEARANCES REQUIRED:
Trials and hearings where witnesses are expected to testify
Hearings on Temporary Restraining Orders
Trial Readiness Conferences and Trial Calls
Persons ordered to appear to show cause why sanctions should not be imposed for violation of an order or rule
Trial: This department is normally in session for trials Mon-Thurs 9:00 a.m. to 12:00 p.m. and 1:30 p.m. to 4:15 p.m. Although trial will not be in session on Fridays, a jury may be required to deliberate. Jury and reporter fees are due at the end of each week and billing statements will be provided by the courtroom clerk at the end of each trial week and conclusion of trial.
Trial Call: Trial Calls are scheduled on Friday at 8:40 a.m. Mandatory appearances by trial counsel are required. Counsel should be prepared to file briefs in accordance with the orders made at the trial readiness conference, submitting their proposed jury instructions, verdict forms, exhibit list, witness lists, and statement of the case. Trial and jury selection may begin on Friday if the case is assigned to another department.
Trial Readiness Conference: Mandatory appearances by trial counsel are required. Telephonic appearances are not allowed. Trial Readiness Conferences are heard at 11:00 a.m. on Fridays or as designated by the court. A complete joint trial readiness conference report must be filed at this hearing.
Dept. 67 - Trial Requirements