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Conformity with Local Rules: Unless otherwise indicated herein, Department 3
strictly adheres to the San Diego Superior Court Rules.
Judgment Debtor Examinations: Judgment Debtor Examinations will be conducted on Tuesdays at 8:30 a.m.
Name Changes: Petitions for name change are heard on Tuesdays at 8:30 a.m.
Ex Parte Matters: Ex parte matters are heard only on Tuesdays at 8:30 a. m. unless prior court approval is received. Fee for ex parte applications: $60.00.
Order to Show Cause Hearings: It is the policy of the Miscellaneous Civil Calendar Department to resolve all civil filings within a calendar year of their filing. Failure or inability to complete service, entry of default or default judgment within this time period will result in the issuance of an Order to Show Cause. One continuance of approximately 60-90 days will be granted as a matter of course to complete the default process. Absent extraordinary circumstances, no further continuances will be granted.
Case Management Conferences: Case Management Conferences are heard Friday mornings at 9:00 a.m. Counsel/parties shall file a Case Management Statement pursuant to the California Rules of Court, rule 3.725. Attorneys/parties must be familiar and comply with the California Rules of Court, rule 3.724 and San Diego Superior Court Rule 2.1.9. Continued Case Management Conferences do not require a new statement unless directed by the Court.
Continuances: Case Management Conferences and Order to Show Cause Hearings may be continued no more than 2 weeks by written stipulation of counsel, if applicable, and by order of the court. Requests to continue trials, Trial Readiness Conferences and motion cut-off dates must be made by a scheduled ex parte appearance.
Default Prove-Up Hearings: Default Prove-up Hearings are heard on Fridays at 2:00 p.m. and must be reserved in advance by calling the calendar clerk.
Law and Motion Matters: Motions are heard on Fridays at 1:30 p.m. by reservation only. 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 in accordance with the California Rules of Court, rule 3.1308(a) (2). Motions to compel will be calendared without requiring an ex parte appearance or meet and confer efforts other than those set forth in the California Code of Civil Procedure.
Settlement Conferences: Settlement Conferences are not available in limited civil matters.
Minors’ Compromises: Are heard on Tuesdays at 8:30 a.m. by reservation only. The guardian must be present. The minor must be present if he or she is over the age of 13. Minor’s compromise papers must be submitted no later than noon of the preceding business day. There is no fee for a minor’s compromise.
Telephonic Appearances: Telephonic appearances are made pursuant to the California Rules of Court, rule 3.670 and requesting parties must be familiar with all the provisions of this rule. 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 (unless telephonic appearance is granted by the court at the case management conference);
- Trial Call;
- Hearings on motions in limine;
- Persons ordered to appear to show cause why sanctions should not be imposed for violation of a court order or rule;
- Where ordered by the Court.
Trials: This department is typically in session for civil and criminal trials Monday-Thursday 9:00 a.m. to 12:00 p.m. and 1:30 p.m. to 4:30 p.m. Although trials are not in session on Fridays, juries will generally be required to deliberate on Fridays.
Jury Fees: For parties requesting a jury trial, advance jury fees of $150.00 shall be deposited with the court clerk’s office on or before the date of the initial case management conference (CMC). The fees are non-refundable. For the second and each succeeding day of trial, jury fees for that day are due at the beginning of each session. Failure to timely deposit the jury fees is deemed a waiver of a jury for trial. (See CCP 631.)
Court Reporter Fees: Payment is due “not later than the conclusion of each day’s court session,” per GC 68086(a) (2). As a practical mater, the court will accept payment before the start of the following day.
Trial Calls: Trial calls are at 9:00 a.m. on Fridays. At the trial call, counsel/parties must provide the following to the Court:
- Joint Witness List with a short sentence describing each witness (e.g. “Dr. John Smith an internist from Mercy Hospital.”);
- Joint Exhibit List (follow grid format on attachment to the Trial Readiness Report;
- Joint Statement of the Case;
- Jury Instructions – in sequential order with a post-it note indicating who objects to the instruction;
- Special Verdict Form – either an agreed upon form or each side’s proposed form. The form should follow CACI as closely as possible and include all causes of actions and all parties. It should be complete and on pleading paper without the attorney/parties names.
Trial Readiness Conferences: Trial counsel/parties representing themselves must be personally present. Telephonic appearances are not allowed unless approved at the Case Management Conference. Trial readiness conferences are heard at 9:00 a.m. on Fridays or as designated by the Court. A complete Joint Trial Readiness Conference Report must be filed at this hearing.