Judge Michael T. Smyth
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Ex Parte Application
- Chambers Drop Off • Before Noon Day Prior
Joint Trial Readiness Conference Report
- Chambers Drop Off • Upon Filing
Motion, Opposition, Reply
- Upon request
Trial Brief
- Chambers Drop Off • Upon Filing
Communication
Phone
Clerk
Document Format Requirements1 rule
Machine summary. Not checked yet.Mandatory?
All exhibits must be pre-marked in an up-to-date exhibit book(s) of no more than 2” each.
Summary: All exhibits must be pre-marked in an up-to-date exhibit book(s) of no more than 2 inches each.
Document Filing Requirements6 rules
Machine summary. Not checked yet.Mandatory?
At trial call, counsel must bring a joint trial notebook, which should include the following: 1. Table of Contents 2. Copy of the Joint Trial Readiness Report 3. Copies of Motions in Limine and Oppositions (in order) 4. 3 copies of the Joint Witness List (with description of witnesses’ expected testimony) 5. 2 copies of the Joint Exhibit List 6. Copies of Trial Briefs (if any) 7. Joint Statement of the Case, in neutral language suitable to be read to prospective jurors. 8. Voir Dire questions counsel requests court to ask 9. Jury Instructions (packet agreed upon and packet of those not agreed upon, with indication of who is offering and objecting) 10. Special Verdict Form - either an agreed upon form or each side’s proposed forms. If the parties fail to make a genuine effort to limit disputes over the form of the special verdict, a general verdict form will be used.
Summary: Counsel must bring a joint trial notebook to trial call with specified contents.
Document Type
Trial Notebook
Machine summary. Not checked yet.Mandatory?
The application for good faith settlement pursuant to Code of Civil Procedure section 877.6(a)(2) and proposed order shall be concurrently filed, after which it will be held the requisite statutory period (20 days plus 5 for mailing).
Summary: Application for good faith settlement and proposed order must be concurrently filed.
Document Type
Application For Good Faith Settlement
Machine summary. Not checked yet.Mandatory?
Motion cutoff dates may be requested by submitting a written Stipulation and Proposed Order, and upon a good cause finding will be granted without an appearance.
Summary: Motion cutoff dates require a written stipulation and proposed order, granted upon good cause without appearance.
Document Type
Motion Cutoff Date Request
Machine summary. Not checked yet.Mandatory?
Papers must comply strictly with California Rules of Court, rule 3.1800. Non-complying papers will be returned with a notation of defects.
Summary: Default judgment papers must comply strictly with CRC 3.1800; non-complying papers will be returned.
Document Type
Default Judgment Papers
Machine summary. Not checked yet.Important?
In accordance with local rule 2.1.21, a prior order permitting the concise outline is not required. However, in the event the moving party elects to submit a concise outline, copies of the actual requests and responses shall be submitted as exhibits to the motion.
Summary: If a concise outline is submitted, copies of the actual requests and responses must be submitted as exhibits to the motion.
Document Type
Motion
Machine summary. Not checked yet.Important?
Applications requesting an order to serve by publication may be submitted for review without an appearance. The Court will scrutinize affidavits to determine whether the applicant has been reasonably diligent in attempting service in another manner, as required by Code of Civil Procedure section 415.50, subdivision (a) and CRC 379.
Summary: Applications for order to serve by publication may be submitted without appearance; court will scrutinize affidavits for diligence.
Document Type
Application For Order To Serve By Publication
Filing & Service rules
Electronic Filing Rules
Parties are encouraged to e-file all exhibits they intend to rely upon.
To the extent possible, parties are encouraged to e-file all exhibits they intend to rely upon.
Machine summary. Not checked yet. · Civil cases
Page 1 | Law and Motion Hearings
Filing Timing and Cure Windows
Trial briefs must be filed five court days before trial call.
Trial briefs must be filed five court days prior to trial call.
Machine summary. Not checked yet. · Civil cases
Page 2 | Trial Call
Obtaining an order to publish does not toll any dates.
Obtaining an order to publish does not toll dates.
Machine summary. Not checked yet. · Civil cases
Page 3 | Orders to Serve by Publication
Application is held for statutory period (20 days plus 5 for mailing) before review.
after which it will be held the requisite statutory period (20 days plus 5 for mailing). If no motion to contest is filed within the statutory period, the application will be reviewed and the order may be signed and processed.
Machine summary. Not checked yet. · Civil cases
Page 3 | Application for Determination of Good Faith Settlement
Service and Proof of Service Rules
All exhibits, demonstrative aids, or other material for opening statements must be shared with opposing counsel in advance.
All exhibits, demonstrative aids, or other material to be used in opening statements must be shared with opposing counsel in advance.
Machine summary. Not checked yet. · Civil cases
Page 2 | Trial Call
Courtesy Copy Requirements
Courtesy copies of trial briefs must be placed in Department 67 drop box.
Trial Briefs
Machine summary. Not checked yet. · Civil cases
Page 3 | Courtesy Copies for the Court
Courtesy copies of motions, oppositions, and replies are required upon request, placed in Department 67 drop box.
Motions, Oppositions, and Replies upon request.
Machine summary. Not checked yet. · Civil cases
Page 3 | Courtesy Copies for the Court
Courtesy copies of joint trial readiness conference reports must be placed in Department 67 drop box.
Joint trial readiness conference reports
Machine summary. Not checked yet. · Civil cases
Page 3 | Courtesy Copies for the Court
Courtesy copies of ex-parte applications for hearings set within 3-5 days must be placed in Department 67 drop box before noon the day prior.
Ex-parte applications for hearings set within 3-5 days (before noon the day prior)
Machine summary. Not checked yet. · Civil cases
Page 3 | Courtesy Copies for the Court
Filing Bundling Requirements
Motions to compel initial responses must be filed as a single motion regardless of number of sets.
Motions to compel initial responses should be reserved and filed as a single motion, regardless of the number of sets of discovery at issue.
Machine summary. Not checked yet. · Civil cases
Page 1 | Law and Motion Hearings
Motions to compel further responses and motions to deem facts admitted must be filed as separate motions for each set of discovery.
Motions to compel further responses, and motions to deem facts admitted, should be reserved and filed as separate motions for each set of discovery at issue.
Machine summary. Not checked yet. · Civil cases
Page 1 | Law and Motion Hearings
Pre-Motion Conference Requirements
Parties must meet and confer before filing demurrers, motions to strike, and discovery motions.
The parties are hereby ordered to meet and confer before filing demurrers, motions to strike, and discovery motions.
Machine summary. Not checked yet. · Civil cases
Page 1 | Law and Motion Hearings
After three or more discovery motions, an Informal Discovery Conference (IDC) is required before the motion is heard; must contact Calendaring Clerk to schedule.
The Court does not require that an Informal Discovery Conference (IDC) be held prior to counsel reserving a discovery motion date. However, if a party has filed three or more discovery motions the Court will no longer hear such motions prior to an IDC being held. You must contact the Calendaring Clerk to schedule an IDC to be heard in advance of the motion date.
Machine summary. Not checked yet. · Civil cases
Page 1 | Law and Motion Hearings
Adjournment & Extension Requirements
If an earlier hearing date is unavailable, the trial may not be continued unless requested in the alternative or stipulated.
New: If the application is for the advancement of a hearing date, in the event an earlier date is not available the trial may not be continued unless it was requested in the alternative or stipulated to.
Machine summary. Not checked yet. · Civil cases
Page 3 | Ex Parte Hearings
Chambers Communication Rules
Counsel must call the Calendar Clerk or Courtroom Clerk immediately to take a resolved motion off calendar.
If your case has settled or your motion is otherwise resolved prior to the hearing, counsel must call either the Calendar Clerk or the Courtroom Clerk immediately to take the motion off calendar so the Court does not spend scarce resources and time preparing a ruling that is no longer needed, and to free up the space for other matters.
Machine summary. Not checked yet. · Civil cases
Page 1 | Law and Motion Hearings
Petitions for minor's compromise require telephone reservation with the calendar clerk; hearings are Mondays at 8:30 a.m.
Petitions to compromise a minor’s claims are heard on Mondays at 8:30 a.m. Reservations are made by telephoning the calendar clerk at 619-450-7304.
Machine summary. Not checked yet. · Civil cases
Page 3 | Petitions for Minor’s Compromise
Ex parte hearings require reservation by calling the Calendar Clerk; hearings are held on Tuesdays, Wednesdays, and Thursdays from 8:30 to 9:00 a.m.
Ex Parte Hearings: By reservation only on Tuesday, Wednesday, and Thursday, 8:30 a.m. to 9:00 a.m. You must call the Calendar Clerk to reserve a hearing date. See Local Rule of Court 2.1.19.
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Page 3 | Ex Parte Hearings
Contact numbers for courtroom clerk and calendar clerk; calendar clerk available 8:00 a.m. to 3:00 p.m.
Department 67 Telephone Numbers Courtroom Clerk: (619) 450-7067 Calendar Clerk: (619) 450-7304 [8:00 a.m. to 3:00 p.m.]
Machine summary. Not checked yet. · Civil cases
Page 1 | Department 67 Telephone Numbers