Patrick R. McKinney II

Courtwide

Civil Trial Scope

Alameda Local Rule 3.35 supplies standing pretrial orders for all civil jury trials and, except for jury instructions and verdict forms, all civil court trials, unless the assigned judge modifies them.

the following standing orders will apply to: (1) All civil jury trials

Title 3 - Civil Rules ↗

Courtwide

Trial Exhibits

Counsel must prepare an exhibit index and exchange the indices and exhibit copies at least three court days before the pretrial conference, or three court days before trial if no conference is scheduled; an undisclosed exhibit may be excluded.

These indices and copies of the exhibits must be exchanged by counsel

Title 3 - Civil Rules ↗

Courtwide

Audio Video Presentations

Parties proposing an audio or video presentation must meet and confer and should stipulate when possible; objections to the presentation or transcript must be raised by motion in limine.

The parties must meet and confer concerning the proposed use of any video or audio presentation

Title 3 - Civil Rules ↗

Courtwide

Electronic Trial Documents

If the court orders electronic copies of proposed juror questionnaires, jury instructions, or verdict forms, counsel must provide them in the format ordered in addition to the required printed versions.

Electronic copies must be in the format ordered by the court.

Title 3 - Civil Rules ↗

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 ↗

Patrick R. McKinney II