Marcella O. McLaughlin

Judge Specific

Trial Exhibit Binders

Department 72 requires two pre-marked exhibit binders on the day trial begins, one original set for witnesses and one copy for the court.

Two sets of exhibit binders (original for the witness, pre-marked with Court Exhibit tags, and one copy for the Court).

Department 72 Policies and Trial Procedures ↗

Courtwide

Remote Screen Sharing

For San Diego remote hearings, the clerk must grant permission before a participant can share exhibits or information from a computer screen.

If you are expecting to need to share exhibits or information from your own computer screen during a hearing, please be familiar with how to show your screen in a Teams meeting. The clerk will need to grant permission for you to be able to share your screen.

How to Appear for Your Hearing ↗

Courtwide

Remote Trial Evidence

Unless the assigned judge orders otherwise, evidence for a civil trial with a remote participant must be submitted to the court and served at least five court days before trial.

parties appearing remotely must submit and serve all evidence to the court at least five court days prior to the scheduled trial date

San Diego Local Rules, Division II - Civil ↗

Courtwide

Electronic Exhibit Format

E-filed exhibits must be bookmarked to each exhibit, identified by number or letter and description, and submitted as text-searchable PDF files.

E-filed documents that contain exhibits must include electronic bookmarks with links to the first page of each exhibit and titles that identify the exhibit number or letter and briefly describe the exhibit.

San Diego Local Rules, Division II - Civil ↗

Courtwide

Media Storage Exhibits

Absent court permission, media storage devices cannot be attached as exhibits to motions or pleadings; the media must be lodged instead.

Absent leave of court, the court will not accept for filing any media storage device, such as a Compact Disc (CD), Digital Video Disc (DVD), or flash drive, that is attached as an exhibit to a motion or pleading.

San Diego Local Rules, Division II - Civil ↗

Courtwide

Audio Video Recordings

To obtain pre-hearing review of an audio or video recording, the party must lodge the recording and file a transcript of the relevant portions as an exhibit.

Lodge the recording and file a transcript of the relevant portions sought to be considered by the court as an exhibit.

San Diego Local Rules, Division II - Civil ↗

Statewide

Audiovisual Evidence

A party offering an electronic sound or sound-and-video recording must provide the court and opposing parties a transcript and provide opposing parties a duplicate of the recording.

the party must provide to the court and to opposing parties a transcript of the electronic recording and provide opposing parties with a duplicate of the electronic recording

California Rule 2.1040, Electronic recordings presented or offered into evidence ↗

Statewide

Remote Proceedings

California courts should permit remote participation in covered civil proceedings, subject to the statute, local rules, and controlling orders.

courts should permit parties to appear remotely at conferences, hearings, and proceedings in civil cases consistent with Code of Civil Procedure section 367.75

California Rule 3.672, Remote proceedings ↗

Statewide

Remote Participants And Witnesses

Covered civil parties and witnesses may appear remotely, and the court may conduct proceedings in whole or in part using remote technology.

that party or witness may appear remotely and the court may conduct conferences, hearings, and proceedings, in whole or in part, through the use of remote technology

California Code of Civil Procedure section 367.75 ↗

Statewide

Recording And Broadcasting

Court proceedings may not be photographed, recorded, or broadcast except as Rule 1.150 permits.

Except as provided in this rule, court proceedings may not be photographed, recorded, or broadcast.

California Rule 1.150, Photographing, recording, and broadcasting in court ↗

Statewide

Expedited Jury Trial Presentations

In expedited jury trials, parties may use slides, electronic presentations, projections, exhibit notebooks, and other methods approved at the pretrial conference.

the parties may present summaries and may use photographs, diagrams, slides, electronic presentations, overhead projections, individual notebooks of exhibits for submission to the jurors, or other innovative methods of presentation approved at the pretrial conference

California Rule 3.1551, Case presentation ↗

Statewide

Expedited Jury Trial Pretrial Agreements

Voluntary expedited jury trial submissions must identify party agreements concerning electronic presentations and other proposed presentation methods.

Any agreements of the parties to use photographs, diagrams, slides, electronic presentations, overhead projections, notebooks of exhibits, or other methods of presenting information to the jury

California Rule 3.1548, Pretrial submissions for voluntary expedited jury trials ↗

Statewide

Exhibit Admission

An exhibit must be admitted by the judge before it may be used in the case.

The judge must to allow you to admit the exhibit as evidence in order for you to use it in your case.

How to introduce exhibits at a trial ↗

Marcella O. McLaughlin