LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT APPENDIX 4: NOTICE OF TRIAL SETTING CONFERENCE SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF SISKIYOU CASE NO. NAME OF PARTY: NOTICE OF: [ ] TRIAL SETTING CONFERENCE [ ] PRETRIAL CONFERENCE [ ] SETTLEMENT CONFERENCE [ ] TRIAL BY [ ] COURT [ ] JURY [ ] HEARING ON (specify): PLAINTIFF/PETITIONER: NAME OF PARTY: DEFENDANT/RESPONDENT: 1. YOU ARE NOTIFIED THAT THE PROCEEDING SPECIFIED ABOVE WILL BE HELD IN THIS COURT AS FOLLOWS: DATE: TIME: ADDRESS OF COURT: 311 Fourth St. P.O. Box 1026 Yreka, CA 96097 2. COUNSEL ARE ASKED TO ADVISE THE COURT OF ANY ATTORNEY OF RECORD IN THIS PROCEEDING WHOSE NAME DOES NOT APPEAR BELOW. 3. NAME OF COUNSEL REPRESENTING Plaintiff/Petitioner In Propria Persona Defendant/Respondent In Propria Persona A court reporter will be deemed waived unless a written request is filed and the per diem is paid within 10 days of this notice. SEE ATTACHED PRETRIAL REQUIREMENTS, AND PLEASE NOTE REQUIRED SCHEDULE FOR RESPONSE. NO CONTINUANCES WILL BE GRANTED FOR SCHEDULED TRIAL SETTING AND PRETRIAL CONFERENCES. Dated: ***Counsel are referred to CRC Rules 207.5 (Settlement Conference), 210, 211, 212, 216, 217 (Pretrial Conference), and 220.1 and 220.2 (Trial Setting Conference) for a statement of obligations and further particulars. (The term "counsel" includes parties appearing in propria persona.) Counsel are also required to comply with the Local Rules of Court. APPENDIX 4 PAGE 1 OF 3 American LegalNet, Inc. www.FormsWorkFlow.com LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT PRETRIAL REQUIREMENTS The purpose of this inquiry is to determine the need for court appearance by counsel on the Pretrial Conference now set for ___________________, 200___, at ________________ (AM) (PM). A response to this inquiry is required not later than ____________________, 200__. Based on the response of counsel and the circumstances of the case, all counsel will be notified by ____________________, 200___, whether an appearance is required for the scheduled conference. Your response to this inquiry will be deemed by the Court to be your pretrial statement concerning this case. In the event that an appearance is not required, a Pretrial Conference Order will be prepared by the Court and will be filed and served upon all counsel. Appropriate time will be allowed for the modification or correction of the Pretrial Conference Order. 1. RESPONDING COUNSEL: (a) (b) 2. State name and address of firm or of attorney. State name of the attorney who will try this case. REPRESENTATION: state the full name of all clients you represent and the capacity in which you represent them (e.g., plaintiff and cross-defendant). 3. APPEARANCES ON COMPLAINT OR CROSS-COMPLAINT: if you are a plaintiff or crosscomplainant, state the following: (a) Names of all parties you have served as defendant or cross-defendant. (b) Name of any served party who has failed to appear, and whether default may be entered. (c) If time for appearance has not expired, give expiration date. (d) If further parties are to be served, state the name(s), estimated time needed to accomplish service, and nature of the pleading you intend to serve (e.g., equitable indemnity, express indemnity, etc.). 4. STATEMENT OF THE CASE: set forth a brief but comprehensive statement of the nature of the case. Please do not merely restate the pleadings, as they will be read in conjunction with your response. 5. ALLEGATIONS NOT IN DISPUTE: list the allegations made against your client(s) about which there is no dispute. 6. STATEMENT OF DISPUTED ISSUES: list all disputed issues to be determined at trial. 7. BIFURCATION OF ISSUES: list any issues that should be bifurcated and tried separately. State the nature of each issue, whether court or jury trial requested, time required for trial, and time required for trial preparation on that issue. 8. RESOLUTION OF EVIDENTIARY PROBLEMS: state any unusual evidentiary matters relating to this case that may be considered and ruled on in advance of trial. If you anticipate making a motion in limine, briefly state the nature of the issue. APPENDIX 4 PAGE 2 OF 3 American LegalNet, Inc. www.FormsWorkFlow.com LOCAL RULES OF THE SISKIYOU COUNTY SUPERIOR COURT 9. DISCOVERY: state whether discovery has been completed and, if incomplete, the time required for completion. State whether or not any court orders should be considered with regard to further discovery. 10. LAW AND MOTION MATTERS: state whether or not you anticipate filing any Law and Motion matters. If so, state the nature and anticipated scheduling of those matters. 11. EXPERT WITNESSES: state whether or not you will call expert witnesses at trial. If so, state whether the provisions of CCP §2034 will be sufficient to accomplish disclosure and discovery, or if, in lieu of CCP §2034, the following provision is more suitable in this case. Each party will file and serve upon the other, at least 45 days prior to trial, a designation of expert witnesses intended to be called at trial, stating the name, address, and area of expertise, with a brief summary of expected testimony. Any interested party may depose any listed witnesses within 15 days of trial. This order supersedes the provisions of CCP §2034 with respect to the time within which demand to exchange lists of expert witnesses may be served. 12. COURT OR JURY TRIAL: state whether or not you demand a jury. 13. ESTIMATED LENGTH OF TRIAL: state the number of days you estimate will be needed to try the case. 14. UNAVAILABLE TRIAL DATES: set forth your unavailable trial dates. (Note: in Siskiyou County, trials are conducted on Tuesdays through Fridays, and begin at 9:00 AM.). 15. NEED FOR APPEARANCE AT CONFERENCE: state whether or not appearance by counsel at the scheduled conference would be helpful to the resolution or clarification of the issues. 16. ARBITRATION: Siskiyou County does not have mandatory arbitration, but maintains a panel of arbitrators for personal injury cases and for “other civil” cases. If plaintiff elects to limit recovery on arbitration to $50,000, or if all parties stipulate to arbitration on whatever terms they desire, the case will be placed on the arbitration hearing list and the matter will proceed in accordance with Rule 1600 et seq. of the California Rules of Court. The arbitrator’s fee is apportioned among the parties and is determined by agreement between the parties and the arbitrator, with the Court reserving jurisdiction to fix the fee in the event agreement cannot be reached. (a) State whether or not plaintiff agrees to a limit of $50,000, and requests arbitration. (b) State whether or not all parties stipulate to arbitration. If so, state the terms agreed upon for arbitration. 17. OTHER: state any other matters that the Court should consider in this case. _____________________________________ ROBERT F. KASTER JUDGE OF THE SUPERIOR COURT APPENDIX 4 PAGE 3 OF 3 American LegalNet, Inc. www.FormsWorkFlow.com