Counsel should also be familiar with California Rules of Court 3.400 et seq. and the following guidelines.

SELECTION OF CASES

Cases thought at the outset to be appropriate for inclusion in the program are set for a complex litigation designation conference approximately 8 weeks after initial filing.

Cases are either selected for such a conference as a result of the plaintiff checking the box “complex” on the civil case cover sheet (rule 3.401) or an analysis by the clerk(s) as to whether the case might be best placed in the program. Amongst the criteria used by the clerk(s) is whether the case type falls within the cases provisionally deemed complex by rule 3.400 (c) or has a large number of parties that are likely to be separately represented.

Cases selected by the Court are given the designation conference date in lieu of being given a much later date in a civil fast track department. Plaintiff’s counsel receives an initial “NOTICE OF ASSIGNMENT TO DEPARTMENT 6 FOR CASE MANAGEMENT DETERMINATION” order which contains numerous provisions unique to complex litigation and is to be served with the summons and complaint. Counsel should be careful to review the provisions of that order. [A copy can be reviewed on this website.]

Cases may be later added to the program either because a civil fast track judge determines that they are better suited for the pilot program or because one of the parties requests such a determination either informally or by the procedure of counter-designation discussed in rule 3.402.

Prior to the first conference in the complex litigation department the attorneys involved should meet and confer to see whether or not they agree as to the case being appropriate for the department. At the conference counsel should be prepared to have a meaningful discussion as to the legal and factual issues involved and the likely discovery and motion matters that they anticipate.

COURT APPEARANCES

Counsel are free to make their court appearances for case management conferences and status conferences through the facilities of CourtCall,LLC. To use the facility counsel need to serve and submit to CourtCall a REQUEST FOR TELEPHONIC APPEARANCE form, at least five (5) days before the hearing date, and pay a fee for each call. [For more details see the court webpage link “court appearance by telephone”.]

Other matters (such as orders to show cause) require a personal appearance unless the court specifically approves a telephone appearance. On law and motion matters, the court will not allow argument by telephone (excepting in emergencies) but will generally allow parties use CourtCall to listen (only) to the argument.

This Court expects civility amongst counsel at all times. Parties, opposing counsel, and witnesses are to be formally referred to, not by first names unless young children, and punctuality is expected. While court is in session counsel should not approach the clerk or reporter. Courtesy toward EVERYONE in the courtroom is expected.

E-FILING

Cases determined to be in the program will generally be ordered to use e-filing and e-service. Copies of the standing order of the Court as to e-filing, as well as the form order normally used for assignment to e-filing, are available for review on this website. Those new to e-filing should review the link “E-filing frequently asked questions” which is also on the website. Please note that the Court has waived compliance with CRC § 3.1113(j) and that copies of non-California authorities should not be filed or lodged.
 
INFORMAL AND EX PARTE APPLICATIONS

This Court urges the prompt and informal resolution as to disputes, including discovery matters, whenever possible. For that purpose the Court welcomes telephone conference calls among all counsel where feasible. Counsel desiring to set up such conferences should obtain a series of available times and dates from all other counsel and call the courtroom clerk to schedule the conference.

Ex parte applications (e.g. orders shortening time) are heard by Referee Judith Sanders, Department 60, who hears such applications on behalf of the civil fast track departments each day from 1:30 p.m. to 3:00 p.m. If is believed in good faith that the matter is one more appropriate for the assigned judge, a time for the appearance should be scheduled with the courtroom clerk in the complex litigation department sufficiently in advance to give the necessary notice to opposing parties (C.R.C. 3.1203). In either case courtesy copies should be delivered in advance whenever possible.

Stipulated orders may be submitted to the Court using the department e-mail.

WEEKLY SCHEDULE

The normal weekly schedule for Department 6 is as follows:

Trials are held five days a week from 1:00 p.m. to 5:00 p.m. although
on the first day of trial counsel are expected to appear at 9:00 a.m. to confirm that
the matter is “ready” and to cover last minute procedural matters. For jury trials the
Court will try to start jury selection that morning so as to not impose more than
necessary upon those called as a part of the possible jury panel.

Other schedule:

• Monday mornings the Court hears probate and adoption matters
  
• Complex case initial (determination) conferences are held on Tuesday
  mornings at 8:30 a.m.
  
• Case management conferences in existing cases are held Tuesday,
  Thursday or Friday at 9:00 a.m.
  
• Law and Motion is heard Wednesdays at 9:00 a.m.
  
• Tentative rulings are available on the court website after 1:30 p.m. on Tuesday
  
• Issue conferences and settlement conferences are held at 10:30 a.m. Tuesday through Friday.

DISCOVERY

Counsel should be aware of the provisions of C.R.C. 2.550 and 2.551. Stipulations should not be presented to the Court seeking sealing of filed papers other than for discovery matters; such matters should proceed by noticed motion.

The Court favors discovery plans which are along the lines of Federal Rule of Civil Procedure 26.

In most cases the Court will set a date for disclosure of experts substantially earlier in the litigation that the minimum provided by C.C.P. § 2034.

TRIALS

The Court generally schedules the pretrial issue conference approximately 4 weeks before trial. The conference is governed by Local Rule 5 excepting that in most cases the Court will issue a detailed order, well before the conference, supplementing and modifying the rule to fit the particular case. [A sample of such an order is available for review on this website.] Usually that order will indicate that no settlement conference will be held as a part of the issue conference but rather, if appropriate, such a conference will be scheduled for a later date. If not so indicated, however, compliance with Rule 5 as to attendance by clients with authority to settle is required.

As a general rule motions in limine will be discussed at the conference on a tentative basis; where there is a meaningful disagreement between the parties positions further briefing will normally be ordered and further oral argument rescheduled.

Before jury selection commences the Court will set deadlines and hold conferences to resolve all necessary procedural aspects, including such matter as rules for voir dire examinations, exhibit lists, accurate identification of, and a timetable for, witnesses, and jury instructions.

The complex litigation courtroom has a state of the art evidence presentation system. The Court urges that counsel provide a technician to operate these systems; experience shows that presentation of evidence is much extended in time when counsel attempts to both examine witnesses and operate the system at the same time. The Court will schedule a pretrial session for the technicians to familiarize themselves with equipment.

Voir dire examination is done by using a “12 pack” so that 24 jurors have been passed for cause when the peremptory challenges commence. The Court will engage in an extensive examination and thereafter allow the attorneys a brief time to ask follow up questions. The Court does not tolerate attempts to ‘pre-condition’ jurors.

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