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Chapter 4 (Civil Case Management; rules 400–425): civil cases subject to the Delay Reduction Act and exemption for exceptional cases; assigned judges and designation; alternate dispute resolution proceedings; the mandatory settlement conference (Rule 410); trial conferences (Rule 411: the trial setting conference and the trial readiness conference); complex cases and PAGA designation (Rule 412); the uninsured motorist class; motions in limine (Rule 415); the duty of counsel as to the trial date assigned; continuances (Rule 418); the civil court communication protocol (Rule 419); cases removed to other courts; civil unlimited complaints; civil defaults; and the repealed default entry forms rule (Rule 425).
California > Fourth Appellate District > San Bernardino County > Superior Court of California, County of San Bernardino
CHAPTER 4 CIVIL CASE MANAGEMENT RULE 400 CIVIL CASES SUBJECT TO THE DELAY REDUCTION ACT These Rules are adopted pursuant to the Trial Court Delay Reduction Act (Government Code Sections 68600, et seq.) and the Pre-Trial and Trial Rules and Civil Trial Court Management Rules of the California Rules of Court, rules 3.100-3.222, 3.250-3.254, 3.650, 3.700-3.3735, 3.1380, 3.1385, and 10.900 – 10.910. They shall apply to actions included in the classification of general civil cases as defined in California Rules of Court, rule 1.6(4) unless exempted by the rules of this chapter. (Eff. July 1, 1998. Amended, eff. July 1, 2002, January 1, 2008, and May 6, 2013. As amended, eff. January 1, 2017.) RULE 402 EXEMPTION FOR EXCEPTIONAL CASES The court, in its discretion, may exempt from the Delay Reduction Act a general civil case if it finds the case involves exceptional circumstances after evaluating it pursuant to California Rules of Court, rules 3.400 and 3.715. An exceptional case is one that includes multiple issues involving multiple parties and/or unusual proof problems. In such cases, a case management plan will be tailored by the Court and counsel to apply close and continuous supervision over its procedural development. (Eff. July 1, 1998. Amended, eff. May 6, 2013. As amended, eff. January 1, 2017.) RULE 403 ASSIGNED JUDGES Cases governed by this chapter will be assigned to the participating Judges on all-purpose assignments. The all-purpose Judge will be assigned at the time of the filing. (Eff. July 1, 1998.) RULE 404 DESIGNATION All cases subject to this chapter filed on or after January 1, 1992, shall be designated by the plaintiff or petitioner on the face of the Complaint or Petition into one or the appropriate categories. A civil action presented for filing must be accompanied by a Certificate of Assignment form, attached to the Complaint or Petition. In the event of disagreement by the parties as to the classification of any action, the Court may, on motion of any party, or on its own motion, order a hearing and determination of the question of designation. (Eff. July 1, 1998. Amended, eff. January 1, 2010. As amended, eff. July 1, 2024.) RULE 409 ALTERNATE DISPUTE RESOLUTION PROCEEDINGS At the case management or trial setting conference, the Court shall review the case and determine if the parties are amenable to using an alternate dispute resolution process. The Court may order the case to arbitration or make such other alternate resolution orders as may be appropriate. All general civil cases, as defined in California Rules of Court, rule 1.6(4), filed before January 1, 2020, are exempted from compliance with this rule. (Eff. July 1, 1998. Amended, eff. May 6, 2002, and July 1, 2013. As amended, eff. January 1, 2017.) RULE 410 MANDATORY SETTLEMENT CONFERENCE (MSC) The mandatory settlement conference may be ordered on the dates set by the Court at the case management or trial setting conference. All general civil cases, as defined in California Rules of Court, rule 1.6(4), filed before January 1, 2020, are exempted from compliance with this rule. (Eff. July 1, 1998. Amended, eff. January 1, 2005, and May 6, 2013. As amended, eff. January 1, 2017.) RULE 411 TRIAL CONFERENCE Rule 411.1 Trial Setting Conference An initial trial setting conference shall be held in all unlimited and limited civil cases in lieu of a case management conference. The initial trial setting conference shall be held without the appearance of the parties, except where good cause is shown or if the case is at issue. Where an appearance is required, any party may appear at the hearing remotely, unless the court orders an in-person appearance, or otherwise one is required by law. The date of the trial setting conference shall be set by the clerk at the time of the filing of the initial complaint. The date fixed will be a court date on or before the twenty-sixth (26th) week from the filing of the complaint. The purpose of this conference is to review the case and consider the factors in Rule of Court 3.727. The parties shall file and serve, no later than 10 days prior to the Initial Trial Setting Conference an Initial Trial Setting Conference Statement (local form #13-09001-360). Following the court’s review, the court will issue and serve a Minute Order and set further court dates. Prior to the date of the initial trial setting conference, the court may entertain a written stipulation by all appearing parties to continue the initial trial setting conference if filed at least 30 days prior to the conference. The court may set further trial setting conferences following the initial trial setting conference. In that event, an At Issue Memorandum shall be filed and served no later than 15 days prior to the trial setting conference. Complex cases shall be governed by Local Rule 412. (Eff. May 6, 2013. Amended, eff. January 1, 2014, and January 1, 2017. As amended, eff. January 1, 2022.) Rule 411.2 Trial Readiness Conference A trial readiness conference shall be held in all unlimited civil and complex cases. The date of the trial readiness conference may be set by the Court at the time of the Trial Setting Conference. The purpose of this conference is to finalize trial preparation and allow the trial of the case to proceed in a more expeditious manner. On the date set by the Court, the parties and trial counsel shall appear and submit to the Court, unless otherwise directed by the Court, the following documents: 1) any oppositions to motions in limine; 2) proposed jury instructions; 3) proposed verdict forms; 4) witness and exhibit lists; 5) a statement of any stipulated facts; 6) proposed voir dire questions and/or questionnaires; and 7) a short statement of the case to be read to the jury, if applicable. Documents should be jointly submitted. If the parties cannot agree to jointly submitted proposed documents, each party can submit individual documents. If a party reasonably believes a witness’s name or an exhibit should be confidential until used in trial, he/she shall so indicate to the Judge in camera. All motions in limine shall be in writing and filed with service completed at least 8 days before the conference. All motions in limine shall comply with Local Rule 415. (Former Rule 411. Eff. July 1, 1998. Amended, January 1, 2005, and January 1, 2007. Renumbered as Rule 411.2 and amended, eff. May 6, 2013. Amended, eff. July 1, 2015. As amended, eff. January 1, 2017.) RULE 412 COMPLEX CASES Cases designated as complex shall be governed by the Guidelines for the Complex Litigation Program, posted at https://sanbernardino.courts.ca.gov. (Eff. July 1, 1998. Amended, eff. January 1, 2005. As amended, eff. January 1, 2017.) Rule 412.1 PAGA Designation The first page of each paper shall specify immediately below the case number that the case is one filed under the Private Attorneys General Act of 2004 (PAGA). (Eff. August 15, 2023.) RULE 413 UNINSURED MOTORIST (UM) CLASS If a case is filed by a plaintiff against a defendant who is an uninsured motorist, and the plaintiff’s claim is subject to an arbitration provision, the case may be designated a general civil - UM by the Court on its own motion or by motion of any interested party. (Eff. July 1, 1998. Amended, eff. May 6, 2013.) RULE 415 MOTIONS IN LIMINE (a) Motions made for the purpose of precluding the mention or display of inadmissible and prejudicial matter in the presence of the jury shall be accompanied by a declaration that includes the following: (1) A clear identification of the specific matter alleged to be inadmissible and prejudicial; (2) A representation to the court that the subject of the motion has been discussed with opposing counsel, and that opposing counsel has either indicated that such matter will be mentioned or displayed in the presence of the jury before it is admitted in evidence or that counsel has refused to stipulate that such matter will not be mentioned or displayed in the presence of the jury unless and until it is admitted in evidence; (3) A statement of the specific prejudice that will be suffered by the moving party if the motion is not granted; and (4) If the motion seeks to make binding an answer given in response to discovery, the declaration must set forth the question and the answer and state why the use of the answer for impeachment will not adequately protect the moving party against prejudice in the event that evidence inconsistent with the answer is offered. (b) A motion in limine shall not be used for the purpose of seeking summary judgment or the summary adjudication of an issue or issues. Such motions may only be made in compliance with Code of Civil Procedure section 437c and court rules pertaining thereto. (c) A motion in limine shall not be used for the purpose of seeking an order to try an issue before the trial of another issue or issues. Such motions may only be made in compliance with Code of Civil Procedure section 598. (d) The court may defer ruling upon a motion in limine and may order that no mention or display of the matter that is the subject of the motion is to be made in the presence of the jury unless and until the court orders otherwise. If the court so orders, or if the motion is granted, it is the duty of counsel to instruct associates, clients, witnesses, and other persons under their control, that no mention or display be made in presence of the jury of the matter that is the subject of the motion. (Eff. July 1, 2006.) RULE 416 DUTY OF COUNSEL AS TO TRIAL DATE ASSIGNED After a trial date has been assigned, it shall be the duty of counsel to inform the assigned Judge and all opposing counsel of any fact tending to indicate that the case may not proceed to trial on the date to which it has been assigned. The court will entertain, by written stipulation and without ex parte application, a written stipulation by all parties to continue the first set trial date if filed at least 15 days prior to the trial date. In the event of settlement, the parties shall immediately notify the Court thereof and file and serve a Notice of Settlement. Failure to do so may be cause for imposition of sanctions. Upon filing the Notice of Settlement, the Court shall set an OSC Re Dismissal at least 90 days away. In the event that the case is unable to be dismissed within 45 days of the filing of the Notice of Settlement, Plaintiff shall comply with California Rules of Court, Rule 3.1385(e) and the Court will continue the case without personal appearance. (Eff. July 1, 1998. Amended, eff. January 1, 2023.) RULE 418 CONTINUANCES The Court adopts California Rule of Court, Rule 3.1332, with respect to requests for continuances. (Former Rule 361, eff. May 27, 1982. Renumbered as Rule 418, eff. July 1, 1998. As amended, eff. January 1, 2017.) RULE 419 CIVIL COURT COMMUNICATION PROTOCOL Criminal Protective Orders may take precedence over all other protective orders issued by the Civil, Family, Juvenile and Probate Courts. The Court adopts local Rule 1311 as its protocol in civil cases. (Eff., July 1, 2003. Amended, eff. January 1, 2008. As amended, eff. January 1, 2017.) RULE 420 CASES REMOVED TO OTHER COURTS In the event that a case is removed to any federal court or transferred to a superior court in another county, counsel may file a Notice of Status of Removed Case with the court in lieu of appearing at the court hearing. The Notice of Status of Removed Case must be filed and served no later than 15 days prior to the date of the case management or trial setting conference. The Court will, upon receipt of the Notice, set an OSC hearing on the status of removal, not earlier than 365 days from the date of removal or transfer. At the OSC hearing, the Court will determine the status of the case. If it is determined that the case remains pending in federal court or a superior court in another county, no further status conference or other hearing in this Court will be set, and the case will be dispositioned by the Court. If a case is remanded from federal court or returned from a superior court in another county, the plaintiff shall notify the Court of the remand or return and request a case management conference date. At the first hearing date following remand, the parties shall lodge with the Court the federal docket of proceedings held in federal court. The plaintiff shall notify the Court of any action by the federal court that resolves the case or of any pertinent orders or rulings entered in the federal action. If a case is removed to bankruptcy court, the debtor shall promptly file a Notice of Stay and the Court will set a status of bankruptcy OSC for 180 days at the Court’s discretion. The parties shall notify the Court of any action by the bankruptcy court that resolves the case. Any request for a stay must comply with California Rules of Court, Rule 3.650. (Eff., July 1, 2003. Amended, eff. January 1, 2012. As amended, eff. January 1, 2017. Suspended and superseded by Emergency Rule 4, eff. May 21, 2020. Reinstated, as amended, eff. January 1, 2022. As amended, eff. January 1, 2023.) RULE 421 CIVIL UNLIMITED COMPLAINTS One extra copy shall be submitted with each original civil unlimited complaint presented. (Former Rule 319, eff. July 1, 1998. Amended and renumbered as Rule 421, eff. January 1, 2017.) RULE 424 CIVIL DEFAULTS Except upon order of the Court, or where otherwise provided by law, the clerk of this Court shall not set regular civil default actions for hearing in any department until 60 days have elapsed after filing of the complaint or petition, and unless the default of the defendant or respondent shall have been first entered not less than 10 days before the proposed hearing date. (Former Rule 321.1, eff. July 1, 1998. Renumbered as Rule 323.1, eff. January 1, 2013. Amended and renumbered as Rule 424, eff. January 1, 2017.) RULE 425 DEFAULT ENTRY FORMS [REPEALED] (Repealed eff. January 1, 2024; former Rule 321.1, eff. July 1, 1998. Amended, eff. July 1, 2003. Renumbered as Rule 323.2, eff. January 1, 2013. Renumbered as Rule 425, eff. January 1, 2017. Repealed eff. January 1, 2024.)
CHAPTER 4 CIVIL CASE MANAGEMENT RULE 400 CIVIL CASES SUBJECT TO THE DELAY REDUCTION ACT These Rules are adopted pursuant to the Trial Court Delay Reduction Act (Government Code Sections 68600, et seq.) and the Pre-Trial and Trial Rules and Civil Trial Court Management Rules of the California Rules of Court, rules 3.100-3.222, 3.250-3.254, 3.650, 3.700-3.3735, 3.1380, 3.1385, and 10.900 – 10.910. T
Reviewer note: Composed 2026-10-07 (California T4 San Bernardino build 2026-10-07) from BenchPath custody ca/t4/ca-san-bernardino/docs/local-rules/rulesofcourt.pdf (1185461 bytes, sha256 d6522f541ac18b5d604318763e09eff2cb8c22c4442a284858e16d3a7bf12d97; 130 pages; this chapter is pages 35 to 39) with the shared verbatim composer (v2 reflow). The book is a redline (“All new content has been underlined. Content to be deleted is stricken through”): the struck-through text is not in force and was taken out as chrome, the underlined text kept; the running header (Superior Court of California, County of San Bernardino), the page numbers and Word's hidden bookmark labels removed as chrome; the front matter, subject index and local forms lists belong to no chapter card; lines reflowed into the court's paragraphs, each rule heading on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Documented layout fixes (whitespace only, read on the page; the proofs hold): the item “general civil - UM” in Rule 413 rejoined, and the paragraph “The purpose of this conference is to finalize ...” in Rule 411.2 set as its own paragraph.
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.