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The unlawful detainer jury trial process under Local Rule 2.94.01: the mandatory settlement conference; trial assignment in Dept. 17A; notice of readiness no sooner than five court days before and no later than 4 p.m. on the Monday before the trial assignment date, with the information to be provided; the initial trial assignment appearance on Mondays and Tuesdays at 8:30 a.m.; challenges under CCP 170.6; motions and courtesy copies of in limine motions; and witnesses on call.
California > Third Appellate District > Sacramento County > Superior Court of California, County of Sacramento
Pursuant to Local Rule 2.94.01, all Small Claims and Unlawful Detainer actions heard at the Carol Miller Justice Center shall participate in a Mandatory Settlement Conference program. The mandatory settlement conference for Unlawful Detainer actions shall be set at the Carol Miller Justice Center prior to the scheduled jury trial. How it Works Once both parties conclude at the mandatory settlement conference, our clerks will notify Dept. 47 as to the status of the jury trial. On the scheduled jury trial date, both parties will appear in Dept. 17A. The matter will be assigned for trial to either an open trial department, pre-assigned to a trial department, or trailed. Once the matter is assigned to a trial department, in addition to filing any pleadings, the attorneys shall submit a courtesy copy of any in limine motions electronically with the assigned trial department prior to the pretrial conference hearing. Parties shall then deliver the originals of any in limine motions directly to the trial department on the first day of trial. Trial Assignment Procedure Notice of Readiness to Proceed to Trial No sooner than five (5) court days prior to the trial assignment date and no later than 4 p.m. on the Monday prior to the trial assignment date, parties shall meet and confer and advise Dept. 17A of the readiness status of the case by emailing Dept. 17A at Dept17A@saccourt.ca.gov. This notice permits the court to coordinate trial department availability with the Criminal Master Calendar Judge. Counsel or parties shall provide the following information at that time: Estimated length of trial, including jury selection and pretrial proceedings. Issues related to the availability of witnesses or counsel that will impact the trial. Whether parties believe that any pretrial motions will require an evidentiary hearing. Whether parties believe that aspects of the trial will require bifurcation. Whether the parties are willing to waive jury and proceed by way of bench trial. Whether a further settlement conference is warranted. Whether the parties are willing to stipulate to an eight-person jury. Whether any parties or witnesses will require a court interpreter. Initial Trial Assignment Appearance It will be held in Dept. 17A on Mondays and Tuesdays at 8:30 a.m. If the Trial Assignment Department changes, counsel will be notified prior to the trial date. Exercise Pursuant to CCP 170.6 Any party that intends to exercise a challenge to the assigned judge pursuant to CCP 170.6 if a case is not initially assigned to a trial department at the trial assignment hearing in Dept. 17A, that party shall notify Dept. 17A by sending an email to the court at Dept17A@saccourt.ca.gov. The opposing attorneys must respond no later than two hours after receiving the notice of the assignment. Counsel shall include a fully executed CCP 170.6 form with the email. The court shall cause the forms to be filed. Motions If the case is not initially assigned to a trial department, the court, on its own motion or the motion of a party, may assign the case for a hearing pursuant to CCP 1170.5 to determine the probability of whether the plaintiff will prevail in the proceeding. If the court finds that there is a reasonable probability that the plaintiff will prevail, the court will determine the amount of any damages the plaintiff may incur by reason of the extension and order the defendant to pay that amount into the court in trust. The parties must be prepared for this hearing on the trial assignment date. If the matter has been pre-assigned for trial, all parties shall electronically submit a courtesy copy of in limine motions with the assigned trial department by 9 a.m. at least one (1) court day prior to the scheduled trial date or earlier if directed by the trial judge. Motions shall be emailed to the assigned department and shall be served electronically on all opposing counsel. Department email addresses are in the format as follows: DeptXX@saccourt.ca.gov. Any witness necessary for an in limine motion shall be present either remotely or in person at the time of the pretrial conference directed by the trial judge. Witnesses For witnesses that have been subpoenaed or are subject to a Notice to Appear, counsel should, in advance, make arrangements and obtain agreements for the witnesses to be on an “on call” status to avoid the necessity of any witnesses physically appearing at the courthouse prior to the time and date of their actual testimony. Only where necessary due to the refusal of a witness to agree to “on call” status, counsel should subpoena such non-cooperating witnesses to appear in Dept. 17A for a day after the assigned trial date. Attorneys should notify witnesses once an assignment to a trial department is made.
Pursuant to Local Rule 2.94.01, all Small Claims and Unlawful Detainer actions heard at the Carol Miller Justice Center shall participate in a Mandatory Settlement Conference program. The mandatory settlement conference for Unlawful Detainer actions shall be set at the Carol Miller Justice Center prior to the scheduled jury trial. How it Works Once both parties conclude at the mandatory settlement
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