Court Rules
Judge

Judge Dale S. Fischer

Individual Rules, Standing Orders & Policies

Rules last changed:
Central District of California

Limits & Logistics

Document Limits

Brief
25 pgs
Joint 26f Report Statement of Case
2 pgs

Courtesy Copies

Complaint

  • 1 copy • Chambers Drop Off • Upon Filing

Courtesy copies

  • 1 copy
  • 1 copy • Before Court Consideration
  • 1 copy • By Noon Next Day

Joint Rule 26f Report

  • Within 24 Hours

Notice of Removal, Complaint, Counterclaim, Cross Claim, Answer, Joint Rule 26f Report, Motion, Opposition, Reply, Motion in Limine, Ex Parte TRO, Pretrial Memorandum, Witness List, Exhibit List, Pretrial Conference Statement, Jury Instructions, Verdict Form

  • Chambers Drop Off • Upon Filing

Adjournments

  • Discovery adequacy motions must be filed in advance of cut-off.
  • Discovery cut-off is completion deadline, not service deadline.
  • Motions to add parties or amend pleadings must be noticed by cut-off date.
  • +5 more

Request must include

Reason for Request

Communication

Email

Chambers

dsf_chambers@cacd.uscourts.gov
Email

Clerk

SchedulingTechnical Issues
Cases:
Filters:

Page & Word Limits6 rules

Page LimitsMandatoryCivil cases

Each side is limited to five motions in limine unless the Court orders otherwise for good cause shown.

Page LimitsMandatoryCivil cases

Memoranda limited to 25 pages (support/opposition) and 12 pages (reply).

Court's wording

Memoranda of points and authorities in support of or in opposition to motions must not exceed 25 pages. Replies must not exceed 12 pages. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations.

Page LimitsMandatoryCriminal cases

Replies shall not exceed 12 pages. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations.

Reply
Up to 12 pages
CR STANDING ORDER 4 20 20 · p. 3
|SectionB. EX PARTE APPLICATIONS AND MOTIONS
Page LimitsMandatoryCriminal cases

Motion memoranda limited to 25 pages; replies to 12 pages.

Motion memorandum
Up to 25 pages
Applies to
  • Opposition
  • Reply

Court's wording

Memoranda of points and authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 12 pages. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations.

CR STANDING ORDER 4 20 20 · p. 3
|SectionB. EX PARTE APPLICATIONS AND MOTIONS
Page LimitsMandatoryCivil cases

Statement of the case: a short synopsis (not to exceed two pages) of the main claims, counterclaims, and affirmative defenses.

Page limit
Up to 2 pages
Page LimitsMandatoryCriminal cases

Motion memoranda limited to 25 pages (support/opposition) and 12 pages (reply) with specific font requirements.

Brief
Up to 25 pages
Reply brief
Up to 12 pages
Format
12-point

Exception

More pages with leave of court

Court's wording

Memoranda of points and authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 12 pages. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations. No supplemental brief shall be filed without prior leave of court. Typeface shall comply with Local Rule 11-3.1.1. (Civil). NOTE: If Times Roman font is used, the size must be no less than 14; if Courier is used, the size must be no less than 12. Footnotes shall be in typeface no less than one size smaller than text size and shall be used sparingly.

Document Format Requirements25 rules

FormattingMandatoryCivil cases

Counsel must provide the documents described in paragraphs 5 and 6 to the Chambers email box in Word format at the time they file their proposed jury instructions.

File type
Word
Applies to
  • Joint jury instructions
  • Disputed jury instructions
FormattingMandatoryCivil cases

Chambers email version must include clean jury instructions with blank instruction numbers and page numbers.

Applies to
  • Joint jury instructions
  • Disputed jury instructions

Formatting

  • Blank instruction numbers
  • No table of contents
  • No titles
  • No supporting authority
  • Page numbers required

Court's wording

The Court will send one or more copies of the instructions into the jury room for the jury’s use during deliberations. Therefore, in addition to the copies described above, the Chambers email version must contain a “clean” set of jury instructions with “Instruction No. [leave blank] at the top (eliminating table of contents, titles, supporting authority, etc.). This document must have page numbers.

FormattingMandatoryCivil cases

Legal/administrative matters: 8:30-9:00 a.m. on jury selection day, 7:45-8:00 a.m. thereafter.

Court's wording

On the day of jury selection, the Court reserves the time from 8:30 a.m. to 9:00 a.m. to handle legal and administrative matters. Jury selection will begin promptly at 9:00 a.m. or as soon as jurors are available. Thereafter, legal and administrative matters must be addressed between 7:45 a.m. and 8:00 a.m.

FormattingMandatoryCivil cases

Submit two sets of reproducible exhibits in three-ring binders with tabs, marked with case info and index.

Formatting

  • Three-ring binders with divider tabs
  • Volume number and exhibit number range
  • Index of exhibits in each volume

Court's wording

Two sets of the exhibits that can be reproduced (one for the Court and one for witnesses) placed in three-ring binders with divider tabs containing the exhibit numbers. The face and spine of the binders must be marked with the case name and number, the volume number, and the number range of the exhibits in the binder. Each binder must contain an index of the exhibits included in the volume.

FormattingMandatoryCivil cases

Counsel must use the lectern for opening statements, examination of witnesses, and summation.

FormattingMandatoryCivil cases

Proposed orders should not contain attorney names, addresses, etc. on the caption page, should not contain a footer with the document name or other information, and should not contain a watermark or designation of the firm name, etc. in the margin.

Applies to
  • Proposed order

Formatting

  • No attorney names/addresses on caption page
  • No footer with document name or other information
  • No watermark or firm name in margin
FormattingMandatoryCriminal cases

Typeface must comply with Local Rule 11-3.1.1; Times Roman minimum 14pt, Courier minimum 12pt; footnotes one size smaller.

Font size
At least 14 points

Formatting

  • If Courier font is used, minimum size is 12pt
  • Footnotes should be used sparingly

Court's wording

Typeface shall comply with Local Rule 11-3.1.1. (Civil). NOTE: If Times Roman font is used, the size must be no less than 14; if Courier is used, the size must be no less than 12. Footnotes shall be in typeface no less than one size smaller than text size and shall be used sparingly.

CR STANDING ORDER 4 20 20 · p. 3
|SectionB. EX PARTE APPLICATIONS AND MOTIONS
FormattingMandatoryCriminal cases

Each requested jury instruction shall be numbered and set forth in full on a separate page, citing the authority or source of the requested instruction.

Formatting

  • Each instruction numbered
  • Each instruction on separate page
  • Authority/source cited for each instruction
FormattingMandatoryCivil cases

the format of the proposed pretrial conference order must conform to the format set forth in Appendix A to the Local Rules.

FormattingMandatoryCriminal cases

Filings that do not conform to the Local Rules and this Order may not be considered.

Formatting

  • Filings must conform to Local Rules and this Order
FormattingMandatoryCriminal cases

Each requested jury instruction shall be numbered and set forth in full on a separate page, citing the authority or source of the requested instruction.

FormattingImportantCivil cases

Counsel must not consume time by writing out words, drawing charts or diagrams, etc. Counsel may do so in advance and explain that the item was prepared earlier as ordered by the Court to save time.

FormattingImportantCivil cases

All exhibits must be separated by a tab divider on the right or bottom of the document.

FormattingImportantCivil cases

Separate version of witness list and joint exhibit list must be in Word format.

File type
Word
Applies to
  • Witness list
  • Exhibit list

Court's wording

A separate version of the witness list containing only the names of the witnesses and a separate column to insert the dates on which the witness testified, and the joint exhibit list, must be submitted to the Chambers email box in Word format.

FormattingImportantCivil cases

On the first morning of trial, counsel must submit exhibits to the CRD in three-ring binders with divider tabs, numbered sequentially without duplication.

Binding
Three-ring binder
Applies to
  • Exhibits

Formatting

  • Divider tabs

Court's wording

On the first morning of trial, counsel must submit to the CRD: a. All exhibits placed in three-ring binders with divider tabs containing the exhibit numbers. Exhibits must be numbered 1, 2, 3, etc., NOT 1.1, 1.2, etc. and in accordance with Local Rule 16-6. The defense exhibit numbers must not duplicate plaintiff’s numbers.

Apps Cacd Uscourts Gov D8956437 9bd2 4880 A86c 665ea7805057 · Jun 2020 · p. 6
|SectionGLOSSARY, TRIAL EXHIBITS, WITNESS LISTS, ETC.
FormattingImportantCivil cases

At least one week before trial, counsel must send to the Chambers email box in Word format: a. A case-specific glossary ... b. The party's witness list ... c. The joint exhibit list ...

File type
Word
Applies to
  • Glossary
  • Witness list
  • Exhibit list
Apps Cacd Uscourts Gov D8956437 9bd2 4880 A86c 665ea7805057 · Jun 2020 · p. 6
|SectionGLOSSARY, TRIAL EXHIBITS, WITNESS LISTS, ETC.
FormattingImportantCivil cases

Time records must be listed chronologically in a single document, not separated by timekeeper or firm.

Court's wording

All services rendered must be listed chronologically in a single document (presumably prepared monthly, but no less often than quarterly) so that the Court can readily determine what services were rendered by all timekeepers on each day. Counsel are not to submit separate billings by timekeeper or by firm.

Apps Cacd Uscourts Gov 098d8036 6203 4fbe A453 A6f9471ba1c4 · p. 1
|SectionORDER RE FORMAT OF TIME AND EXPENSE RECORDS
FormattingImportantCivil cases

Each entry proposing Court dates must fall on a Monday, except the trial date, which must be a Tuesday.

Formatting

  • Trial date must be Tuesdays
FormattingNoteCivil cases

Trial schedule: 9:00 a.m. start, 8:30 a.m. record prep, Tue-Fri 8:00 a.m.-2:00 p.m. with breaks.

Court's wording

On the day of jury selection, trial will begin at 9:00 a.m. Counsel must be prepared to go on the record at 8:30 a.m. Thereafter, trial days are generally Tuesday through Friday, 8:00 a.m. to 2:00 p.m., with three fifteen-minute breaks.

FormattingNoteCivil cases

Counsel and parties should rise when addressing the Court, and when the Court or the jury enters or leaves the courtroom.

FormattingNoteCivil cases

The Court will establish reasonable time estimates for opening and closing arguments, examination of witnesses, etc.

FormattingNoteCriminal cases

Trial schedule: Tue-Fri 8:00 AM-2:00 PM with 3 fifteen-minute breaks; counsel appear at 8:30 AM on jury selection day.

Formatting

  • Trial days: Tuesday through Friday
  • Trial hours: 8:00 AM to 2:00 PM
  • Three fifteen-minute breaks per session
  • Trial start: 9:00 AM on jury selection day

Court's wording

On the day of jury selection, trial will begin at 9:00 a.m. Counsel will appear at 8:30 a.m. Thereafter, trial days are Tuesday through Friday, 8:00 a.m. to 2:00 p.m., with three fifteen-minute breaks during the session, unless the Court indicates otherwise.

FormattingNoteCriminal cases

Thereafter, legal and administrative matters will be addressed between 7:45 a.m. and 8:00 a.m. All counsel are urged to anticipate matters that may need to be addressed outside of the presence of the jury and to raise them during this period, during breaks, or at the end of the day.

Formatting

  • 7:45-8:00 AM for legal/administrative matters
  • Counsel should raise issues during this time, breaks, or end of day
FormattingNoteCriminal cases

8:30-9:00 AM on jury selection day reserved for legal/administrative matters before jury selection.

Formatting

  • Jury selection begins at 9:00 AM or when jurors available

Court's wording

On the day of jury selection, the Court reserves the time from 8:30 a.m. to 9:00 a.m. to handle legal and administrative matters. Jury selection will begin promptly at 9:00 a.m. or as soon as jurors are available.

FormattingNoteCriminal cases

Trial schedule: Tue-Fri 8:00-2:00 with 3 breaks; jury selection day 9:00 start.

Court's wording

On the day of jury selection, trial will begin at 9:00 a.m. Counsel will appear at 8:30 a.m. Thereafter, trial days are Tuesday through Friday, 8:00 a.m. to 2:00 p.m., with three fifteen-minute breaks during the session, unless the Court indicates otherwise.

Document Filing Requirements191 rules

Filing RequirementsMandatoryCivil cases

Counsel are to meet and confer to determine whether opposing counsel intends to introduce the disputed evidence, etc. and to attempt to reach an agreement that would obviate the motion.

Filing RequirementsMandatoryCivil cases

All motions in limine must be filed by the date established by the Court.

Filing RequirementsMandatoryCivil cases

Motions in limine should address specific issues (i.e., not “to exclude all hearsay,” etc.).

Filing RequirementsMandatoryCivil cases

Opposition must be filed by the date established by the Court.

Filing RequirementsMandatoryCivil cases

Within 7 days, defense counsel must serve objections, if any, to those instructions and verdict forms, as well as any proposed alternative or additional instructions and verdict forms.

Filing RequirementsMandatoryCivil cases

Before or at the Rule 16-2 meeting, counsel must attempt to come to agreement on the proposed jury instructions and verdict forms.

Filing RequirementsMandatoryCivil cases

Alternatives to standard instructions only allowed with reasoned argument they're incomplete or incorrect.

Court's wording

Counsel may submit alternatives to the Ninth Circuit model jury instructions, or BAJI or CACI, only if counsel has a reasoned argument that those instructions do not properly state the law or they are incomplete.

Filing RequirementsMandatoryCivil cases

Where language appears in brackets, the appropriate language should be selected. All blanks should be completed.

Filing RequirementsMandatoryCivil cases

Where California law applies, counsel should use the current edition of California Jury Instructions -- Civil (BAJI or CACI).

Filing RequirementsMandatoryCivil cases

Plaintiff must serve proposed jury instructions and verdict forms 14 days before Rule 16-2 meeting.

Court's wording

At least fourteen days before the meeting of counsel required by Local Rule 16-2 (which must occur at least 40 days before the date set for the pretrial conference), plaintiff(s) counsel must serve on defense counsel proposed jury instructions and proposed verdict/special verdict forms.

Filing RequirementsMandatoryCivil cases

The Court has its own introductory instructions (instructions read before opening statements). Counsel should provide only instructions to be read after the evidence has been submitted or that may be appropriate during trial.

Filing RequirementsMandatoryCivil cases

When submitting other than Ninth Circuit or California instructions, counsel should be sure that the law on which the instruction is based is the same as Ninth Circuit law (or California or other state law, if applicable) on the subject.

Filing RequirementsMandatoryCivil cases

When the Manual of Model Jury Instructions for the Ninth Circuit provides an applicable jury instruction, the parties should submit the most recent version, modified and supplemented to fit the circumstances of this case.

Filing RequirementsMandatoryCivil cases

Disputed jury instructions must be filed with supporting statements and authorities, plus alternative instructions if applicable.

Document
Disputed jury instructions

Must include

  • Alternative instruction

Court's wording

At the same time, each party must file with the Court and submit (electronically to the Chambers email box and in paper form) its proposed jury instructions that are objected to by any other party. Each disputed instruction must have attached a short (one or two paragraph) statement, including points and authorities in support of the instruction as well as a brief statement, including points and authorities, in support of any objections. A proposed alternative instruction must be provided, if applicable.

Filing RequirementsMandatoryCivil cases

By the date set by the Court, counsel must file with the Court and submit (electronically to the Chambers email box and in paper form) a JOINT set of jury instructions on which there is agreement.

Filing RequirementsMandatoryCivil cases

At the time of lodging the proposed pretrial conference order, counsel should file a jointly prepared one or two page statement of the case to be read by the Court to the prospective panel of jurors before commencement of voir dire.

Filing RequirementsMandatoryCivil cases

FAILURE TO FOLLOW THE PRECEDING PROVISIONS OF THIS SECTION WILL SUBJECT THE NON-COMPLYING PARTY AND ATTORNEY TO SANCTIONS AND WILL BE DEEMED TO CONSTITUTE A WAIVER OF JURY TRIAL.

Filing RequirementsMandatoryCivil cases

Index of all jury instructions must include number, title, source, and page number.

Court's wording

Counsel must provide an index of all instructions submitted, which must include the following: a. The number of the instruction; b. The title of the instruction; c. the source of the instruction and any relevant case citations; d. The page number of the instruction.

Filing RequirementsMandatoryCivil cases

Counsel must notify the CRD in advance if any witness should be accommodated based on a disability or for other reasons.

Filing RequirementsMandatoryCivil cases

An exhibit not previously marked should, at the time of its first mention, be accompanied by a request that the CRD mark it for identification. To save time, counsel must show a new exhibit to opposing counsel before it is mentioned in court.

Filing RequirementsMandatoryCivil cases

If a witness was on the stand at a recess or adjournment, counsel must have the witness back on the stand, ready to proceed, when the court session resumes.

Filing RequirementsMandatoryCivil cases

Where a party has more than one lawyer, only one may conduct the direct or cross-examination of a particular witness, or make objections as to that witness.

Filing RequirementsMandatoryCivil cases

Counsel must meet 10 days before trial to stipulate on foundation, best evidence rule waiver, and exhibits.

Court's wording

All counsel are to meet not later than ten days before trial and to stipulate, so far as is possible, to foundation, to waiver of the best evidence rule, and to those exhibits that may be received into evidence at the start of the trial.

Filing RequirementsMandatoryCivil cases

One week before trial, counsel must email Chambers: glossary, witness list, and joint exhibit list.

Document
Trial preparation

Must include

  • Witness list
  • Joint exhibit list
  • Case specific glossary

Court's wording

At least one week before trial, counsel must send to the Chambers email box in Word format: a. A case-specific glossary for the court reporter that includes applicable medical, scientific, or technical terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/entities involved in the case, names of people interviewed/deposed, names of family members, friends, or others who might be mentioned, and other case-specific terminology; b. The party’s witness list, with a column to add the date on which the witness testified; c. The joint exhibit list in the form specified in Local Rule 16-6. An annotated exhibit list identifying the exhibits to be received into evidence at the start of the trial must also be provided.

Filing RequirementsMandatoryCivil cases

Each counsel is responsible for any exhibits that counsel secures from the CRD and must return them before leaving the courtroom at the end of the session.

Filing RequirementsMandatoryCivil cases

When objecting, counsel must rise, state objection and legal ground only; must ask permission to argue further.

Court's wording

When objecting, counsel must rise to state the objection and state only that counsel objects and the legal ground of objection. If counsel wishes to argue an objection further, counsel must ask for permission to do so.

Filing RequirementsMandatoryCivil cases

Witness lists require testimony description and time estimates; explain multiple witnesses on same topics.

Court's wording

In addition to the requirements of Local Rule 16, the witness lists must include a brief (one or two paragraph) description of the testimony, and a time estimate for both direct and cross-examination (separately stated). If two or more witnesses will testify on the same topics, counsel must explain why more than one witness is necessary.

Filing RequirementsMandatoryCivil cases

STRICT COMPLIANCE WITH LOCAL RULE 16 IS REQUIRED. THIS ORDER SETS FORTH SOME DIFFERENT AND SOME ADDITIONAL REQUIREMENTS. THIS COURT DOES NOT EXEMPT PRO PER PARTIES FROM THE REQUIREMENTS OF RULE 16.

Filing RequirementsMandatoryCivil cases

Simplified witness list and joint exhibit list required in Word format via email; paper copies also required.

Court's wording

A separate version of the witness list containing only the names of the witnesses and a separate column to insert the dates on which the witness testified, and the joint exhibit list, must be submitted to the Chambers email box in Word format. Mandatory paper chambers copies must also be submitted.

Filing RequirementsMandatoryCivil cases

Counsel must not offer a stipulation unless counsel has conferred with opposing counsel and has verified that the stipulation will be acceptable.

Filing RequirementsMandatoryCivil cases

Exhibit list with admitted exhibits must be given to jury and approved by counsel.

Document
Exhibit list

Must include

  • Admitted exhibits

Court's wording

A copy of the exhibit list with all admitted exhibits will be given to the jury during deliberations. Counsel must review and approve the exhibit list with the CRD before the list is given to the jury.

Filing RequirementsMandatoryCivil cases

No presenting party may be without witnesses. If counsel has no more witnesses to call and there is more than a brief delay, the Court may deem that party to have rested.

Filing RequirementsMandatoryCivil cases

Counsel should not talk to jurors at all, and should not talk to co-counsel, opposing counsel, witnesses, or clients where the conversation can be overheard by jurors. Each counsel should admonish counsel's own clients and witnesses to avoid such conduct.

Filing RequirementsMandatoryCivil cases

Counsel must complete an ADR proceeding no later than the date set by the Court.

Filing RequirementsMandatoryCivil cases

While Court is in session, counsel must not leave counsel table to confer with any personnel or witnesses unless permission has been granted in advance.

Filing RequirementsMandatoryCivil cases

Pretrial documents must conform to Local Rules format (Appendix A).

Court's wording

Carefully prepared memoranda of contentions of fact and law, witness lists, a joint exhibit list, and a proposed pretrial conference order must be submitted in accordance with the Rules and this Order, and the format of the proposed pretrial conference order must conform to the format set forth in Appendix A to the Local Rules.

Filing RequirementsMandatoryCivil cases

Attachments must be filed as separately docketed entries with descriptions.

Court's wording

If a filed or lodged document has declarations, exhibits, or other attachments, each of these must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration, 29-2 Ex. 2 - License Agreement, 29-3 Request for Judicial Notice).

Filing RequirementsMandatoryCivil cases

All discovery documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing.

Document
Discovery document
Placement
Caption
Filing RequirementsMandatoryCivil cases

Proposed orders must have Judge Fischer’s name spelled correctly and her correct title: United States District Judge.

Filing & Service rules

Filing Timing and Cure Windows

Form pleadings in removed cases must be replaced with an appropriate pleading within 30 days of removal.

If a removed action contains a “form pleading” i.e. a pleading in which boxes are checked, the party or parties that filed the form pleading must file an appropriate pleading with this Court within 30 days of the filing of the notice of removal.

Civil cases

Page 6 | 9. Cases Removed from State Court

Motion for class certification must be filed within 120 days of the initial scheduling conference date.

The motion must be filed no later than 120 days from the date initially set for the scheduling conference, without regard to any continuances, unless the Court orders otherwise.

Civil cases

Page 6 | 10. Class Actions

Plaintiff must identify and serve Doe defendants before the Rule 16(b) scheduling conference.

Plaintiff must ascertain the identity of and serve any fictitiously named defendants before the date of the Rule 16(b) scheduling conference.

Civil cases

Page 6 | 11. Status of Fictitiously Named Defendants

Memoranda of contentions, witness lists, and joint exhibit list must be filed by court-set deadlines.

The memoranda of contentions of fact and law, witness lists, and the joint exhibit list must be filed not later than the dates set by the Court.

Civil cases

Page 4 | D. PRETRIAL CONFERENCE

Joint Statement draft due 7 days before conference; final version due 14 days before motion filing; opposing party returns 7 days before filing; filed with motion.

At least seven days prior to the conference of counsel, the moving party must provide to the opposing party a draft of its portion of a Joint Statement that will eventually be submitted to the Court. Following the conference of counsel, and no more than 14 days before the filing of the motion, the moving party must provide to the opposing party the final version of its portion of the Joint Statement in an electronic format. The opposing party shall then input its portion of the Joint Statement into the document and return the completed document to the moving party at least seven days prior to the filing of the motion. The moving party shall then file the Joint Statement at the same time it files the motion.

Civil cases

Page 3 | Joint Statement

Joint Rule 26(f) Report must be filed no later than 14 days after the meet and confer and no later than 7 days before the scheduling conference.

file a 'Joint Rule 26(f) Report' not later than 14 days after the meeting of counsel and not later than seven days before the scheduling conference.

Civil cases

Page 2 | ORDER SETTING SCHEDULING CONFERENCE

Parties must meet and confer on a discovery plan at least 21 days before the scheduling conference.

the parties ... under Rule 26(f) to meet and confer on a discovery plan not later than 21 days before the scheduling conference

Civil cases

Page 2 | ORDER SETTING SCHEDULING CONFERENCE

If Joint 26(f) Report is insufficient, parties must file a more detailed discovery plan within 14 days after the scheduling conference, even if the conference is vacated.

If the information provided in the Joint 26(f) Report does not meet these requirements, the parties must file an additional more detailed discovery plan no later than 14 days after the date of the scheduling conference, even if that conference date has been vacated.)

Civil cases

Page 4 | i. Discovery Plan

Discovery plan complying with Rule 26(f)(3) must be filed within 14 days after the scheduling conference.

Pursuant to Rule 26(f)(2), a discovery plan that complies with Rule 26(f)(3) must be filed within 14 days after the scheduling conference.

Civil cases

Page 4 | i. Discovery Plan

Class certification motion must be filed within 120 days of the original scheduling conference date; continuance of the conference does not extend this deadline.

the motion must be filed no later than 120 days from the date originally set for the scheduling conference, unless the Court orders otherwise. In other words, a continuance of the date for the scheduling conference will not extend the time to file the motion for class certification.

Civil cases

Page 7

Opposition papers due on a Monday holiday may be filed the next Tuesday; reply papers may be filed the following Tuesday.

Opposition papers due on a Monday holiday may be filed the following Tuesday. In such cases, reply papers may be filed on the next Tuesday.

Civil cases

Page 3 | Time for Filing and Hearing Motions

Bankruptcy appeal is deemed under submission when appellant's reply brief is filed.

The matter is deemed under submission on the filing of the appellant’s reply brief.

Civil cases

Page 7 | Bankruptcy Appeals

Service and Proof of Service Rules

Plaintiff's counsel must serve this standing order on all parties immediately.

Counsel for plaintiff must immediately serve this order on all parties, including any new parties to the action.

Civil cases

Page 1 | N/A

In removed cases, the removing defendant must serve this standing order on all other parties.

If this case was removed from state court, the defendant that removed the case must serve this Order on all other parties.

Civil cases

Page 1 | N/A

Plaintiff must file proof of service within 3 days after serving the complaint.

If plaintiff has not already served the operative complaint on all defendants, plaintiff must do so promptly and must file proofs of service within three days thereafter.

Civil cases

Page 1 | ORDER SETTING SCHEDULING CONFERENCE

Plaintiff's counsel (or defendant's counsel if plaintiff is pro se) must provide this Order to newly appearing parties and known but unappeared parties.

Plaintiff’s counsel or, if plaintiff is appearing pro se, defendant’s counsel, must provide this Order to any parties who first appear after the date of this Order and to parties who are known to exist but have not yet entered appearances.

Civil cases

Page 8

Courtesy Copy Requirements

Counsel must provide Chambers with conformed paper chambers copies of all documents. Chambers copies should not be put in envelopes.

Counsel must provide Chambers with conformed paper chambers copies of all documents. Chambers copies should not be put in envelopes.

Civil cases

Plaintiffs who e-file a complaint must deliver a paper copy to Judge Fischer's mailbox.

Plaintiffs who have electronically filed a complaint are ordered to provide a paper copy of the conformed complaint to Judge Fischer’s mailbox on the Fourth Floor of the First Street Courthouse.

Civil cases

Page 1 | N/A

Documents will not be considered until paper Chambers copies are submitted, so paper Chambers copies of all documents for which priority processing is requested should be submitted on the same day as the filing. Paper Chambers copies should not require the signature of the recipient. The Court requires paper Chambers copies of only the following: Initial pleadings (notices of removal and related documents, complaints, counterclaims, cross claims, and answers); Joint Rule 26(f) Reports, motion papers, including motions in limine (motions, oppositions, replies, and related documents); ex parte applications for temporary restraining orders; and all pre-trial documents (memoranda of fact and law, witness and exhibit lists, pretrial conference statement, jury instructions, verdict forms, etc.).

Documents will not be considered until paper Chambers copies are submitted, so paper Chambers copies of all documents for which priority processing is requested should be submitted on the same day as the filing. Paper Chambers copies should not require the signature of the recipient. The Court requires paper Chambers copies of only the following: Initial pleadings (notices of removal and related documents, complaints, counterclaims, cross claims, and answers); Joint Rule 26(f) Reports, motion papers, including motions in limine (motions, oppositions, replies, and related documents); ex parte applications for temporary restraining orders; and all pre-trial documents (memoranda of fact and law, witness and exhibit lists, pretrial conference statement, jury instructions, verdict forms, etc.).

Civil cases

Page 3 | Mandatory Paper Chambers Copies

Chambers copies of exhibits exceeding 200 pages must be in a Slant D-Ring binder with tab dividers, three-hole punched with oversized holes.

If such evidence exceeds 200 pages, the Chambers copy of such evidence, including a Table of Contents, must be placed in a Slant D-Ring binder with each item of evidence separated by a tab divider on the right or the bottom. All documents contained in the binder must be three-hole punched with the oversized 13/32" hole size, not the standard 9/32" hole size.

Civil cases

Page 3 | Mandatory Paper Chambers Copies

Chambers copies of exhibits exceeding 50 pages must be in a tabbed binder with a Table of Contents.

If documentary evidence in support of or in opposition to a motion exceeds 50 pages, the Chambers copy must be in a separately tabbed binder and include a Table of Contents.

Civil cases

Page 3 | Mandatory Paper Chambers Copies

Ex parte application will not be considered until a mandatory chambers copy is provided.

The application will not be considered until a mandatory chambers copy has been provided.

Civil cases

Page 5 | 7. Ex Parte Applications

A redlined version of the proposed amended pleading must be delivered to Chambers in paper form.

A “redlined” version of the proposed amended pleading must be delivered to Chambers (in paper form) and to Chambers email indicating all additions and deletions to the prior version of the pleading.

Civil cases

Page 5 | b. Motions to Amend Pleadings

Paper chambers copies required for specific documents by noon next day, with NEF attached.

Mandatory paper chambers copies of e-filed documents must be delivered to Judge Fischer’s box outside of the Clerk’s office on the fourth floor of the First Street Courthouse - by noon on the day after filing. Documents will not be considered until paper chambers copies are submitted. Attach the NEF to the BACK of the chambers copy. Chambers copies delivered by Federal Express should not require the signature of the recipient. Paper chambers copies are required ONLY for plea agreements, sentencing position papers, motion papers (motions, oppositions, replies, and related documents), stipulations, ex parte applications and orders in excess of three pages, and all trial-related documents.

Criminal cases

Page 2 | A. GENERAL REQUIREMENTS

Conformed paper chambers copies required for all documents; do not put in envelopes.

Counsel must provide Chambers with conformed paper Chambers copies of all documents. Chambers copies should not be put in envelopes.

Civil cases

Page 3 | C. MOTIONS

Paper chambers copies required for witness list and joint exhibit list.

Mandatory paper chambers copies must also be submitted.

Civil cases

Page 4 | D. PRETRIAL CONFERENCE

Deliver blue-backed, tabbed paper chambers copy to Judge Fischer’s box by noon next day.

A blue backed, tabbed (if appropriate) mandatory paper chambers copy of the documents listed above (together in one envelope) must be delivered to Judge Fischer’s box, on the first floor of the Roybal Building by noon the following day.

Deliver blue-backed, tabbed paper chambers copy to Judge Fischer’s chambers box.

A blue backed, tabbed (if appropriate) mandatory paper chambers copy of the documents listed above (all in one envelope) must be delivered to Judge Fischer’s chambers box at the address set forth above.

Paper chambers copies of the Joint Rule 26(f) Report must be delivered to Judge Fischer's box, blue-backed with title on lower right corner, by noon the day after e-filing.

Paper Chambers copies of the Joint Rule 26(f) Report must be delivered to Judge Fischer’s box next to the Clerk’s office on the fourth floor of the First Street Courthouse. Paper Chambers copies must be “blue-backed,” with the title of the document on the lower right hand corner of the “blue-back.” Paper Chambers copies must be submitted no later than noon on the day after the e-filing.

Civil cases

Page 2 | ORDER SETTING SCHEDULING CONFERENCE

Mandatory chambers copies required by noon next day for specific document types.

Mandatory paper chambers copies of e-filed documents must be delivered to Judge Fischer’s box outside of the Clerk’s office on the fourth floor of the First Street Courthouse - by noon on the day after filing. Documents will not be considered until paper chambers copies are submitted. Attach the NEF to the BACK of the chambers copy. Chambers copies delivered by Federal Express should not require the signature of the recipient. Paper chambers copies are required ONLY for plea agreements, sentencing position papers, motion papers (motions, oppositions, replies, and related documents), stipulations, ex parte applications and orders in excess of three pages, and all trial-related documents.

Criminal cases

Counsel should not deliver chambers copies of discovery documents to Judge Fischer.

Counsel should not deliver Chambers copies of these documents to Judge Fischer.

Civil cases

Page 2 | 2. Discovery

Sealing & Redaction Procedures

The existence of a protective order does not alone justify the filing of pleadings or other documents under seal, in whole or in part.

The existence of a protective order does not alone justify the filing of pleadings or other documents under seal, in whole or in part.

Civil cases

Page 2 | 2. Discovery

Rejected documents will be destroyed unless retrieved from clerk within 5 days.

REJECTED DOCUMENTS WILL BE DESTROYED UNLESS COUNSEL CONTACTS THE CLERK WITHIN 5 DAYS TO RETRIEVE THE DOCUMENTS.

Public fee records may be redacted for privilege/work product, but unredacted version must be submitted in camera.

(Time records ultimately filed publicly with a motion for fees may be redacted to preserve the attorney-client privilege or work product. The Court will require an in camera unredacted submission.)

Civil cases

Page 2 | ORDER RE FORMAT OF TIME AND EXPENSE RECORDS

Paper Chambers copies of invoices should be unredacted. Redacted invoices should not be provided in paper to the Court.

Paper Chambers copies of invoices should be unredacted. Redacted invoices should not be provided in paper to the Court.

Civil cases

Page 4 | Joint Statement

Sentencing is a matter of significant public interest and concern. Generally, the public has a right to know the basis on which the Court makes sentencing determinations. Therefore, the Court discourages under seal filings of entire sentencing documents. Sentencing documents may be filed under seal along with a redacted version that deletes only information that is properly filed under seal, and an explanation of the basis for each document or portion deleted, e.g., medical information, private information relating to family members (which explanation may be filed under seal). If all or nearly all of the sentencing position contains such information, counsel may seek leave to file the entire document under seal.

Sentencing is a matter of significant public interest and concern. Generally, the public has a right to know the basis on which the Court makes sentencing determinations. Therefore, the Court discourages under seal filings of entire sentencing documents. Sentencing documents may be filed under seal along with a redacted version that deletes only information that is properly filed under seal, and an explanation of the basis for each document or portion deleted, e.g., medical information, private information relating to family members (which explanation may be filed under seal). If all or nearly all of the sentencing position contains such information, counsel may seek leave to file the entire document under seal.

Criminal cases

Page 12 | G. SENTENCING

Sealed documents are not viewable by public, but entry title remains viewable.

“Declaration of John Doe, Exhibit A.” If approved, the document itself will be sealed and not viewable by the public, but the entry (title) will be viewable.

Sentencing documents generally public; under seal filings discouraged except for properly protected information with redacted version.

Sentencing is a matter of significant public interest and concern. Generally, the public has a right to know the basis on which the Court makes sentencing determinations. Therefore, the Court discourages under seal filings of entire sentencing documents. Sentencing documents may be filed under seal along with a redacted version that deletes only information that is properly filed under seal, and an explanation of the basis for each document or portion deleted, e.g., medical information, private information relating to family members (which explanation may be filed under seal). If all or nearly all of the sentencing position contains such information, counsel may seek leave to file the entire document under seal.

Criminal cases

Filing Bundling Requirements

Moving parties should not file summary judgment motions at the last possible day.

As a courtesy to both the Court and the opposing party, a moving party should not wait until the last possible day to file motions for summary judgment or partial summary judgment.

Civil cases

Page 1 | ORDER RE MOTIONS FOR SUMMARY JUDGMENT

Pre-Motion Conference Requirements

Pre-filing conference required for all motions under Local Rule 7-3; failure may result in sanctions or denial of hearing.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” Counsel should discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. The pro per status of one or more parties does not eliminate this requirement. Failure to comply with this Rule will be grounds for sanctions. If fault is attributed to the moving party, the Court may decline to hear the motion.

Civil cases

Page 4 | Pre-filing Requirement

Pretrial motions must be filed 28 days before hearing; opposition 21 days; reply 14 days.

Pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, motions challenging Federal Rule of Evidence 404(b) evidence, and motions in limine, must be filed and served in compliance with the requirements of Local Civil Rule 6-1, i.e., at least 28 days before the date set for the hearing. Opposition (or notice of non-opposition) and reply (optional) papers must be filed and served in compliance with the requirements of Local Rule 7-9, i.e., no later than 21 days and 14 days before the hearing date, respectively.

Criminal cases

Page 3 | B. EX PARTE APPLICATIONS AND MOTIONS

Discovery motions require consultation with opposing counsel and specific content; non-compliant motions may not be heard.

Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain whether the requested discovery will be provided. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery has been requested from opposing counsel, and whether the discovery has been declined, in whole or in part. Motions made without prior consultation with opposing counsel or that fail to include the above information may not be heard.

Criminal cases

Page 4 | B. EX PARTE APPLICATIONS AND MOTIONS

Multiple summary adjudication motions by same party require leave of court; subsequent motions without leave will be stricken.

Multiple motions for summary adjudication by the same party are highly disfavored. Any party wishing to file more than one motion for summary adjudication must move for leave of court and explain why the issues cannot be addressed in a single motion. If multiple motions for summary adjudication are filed by the same party without leave of court, the first filed motion will be considered and the subsequent motions stricken.

Civil cases

Page 2 | ORDER RE MOTIONS FOR SUMMARY JUDGMENT

Before filing a motion for attorneys' fees, counsel must meet and confer in person or by videoconference, and the moving party must provide billing records, rate information, and cost evidence prior to the conference.

Before filing a motion for attorneys’ fees, counsel must meet and confer in person or by videoconference pursuant to Local Rule 7-3 to attempt in good faith to agree on the reasonable amount of fees to be awarded (if the Court decides to award fees), keeping in mind that a contested request for attorneys’ fees “should not result in a second major litigation.” Hensley v. Eckerhart, 461 U.S. 424, 437 (1983) (“Ideally, of course, litigants will settle the amount of a fee. Where settlement is not possible, the fee applicant bears the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates.”). Prior to the conference, the moving party must do at least the following: 1. Provide opposing counsel with the billing records on which the motion will be based, and specify the entries for which compensation is and is not sought. These records may be redacted to prevent disclosure of material protected by the attorney-client privilege or work product doctrine. However, as to those redacted items, counsel shall submit a declaration describing the nature of the services with sufficient detail to allow opposing counsel to determine if the item is objectionable. 2. Inform opposing counsel of the hourly rates that will be claimed for each lawyer, paralegal, or other timekeeper. If moving counsel or other timekeepers have performed any legal work on an hourly basis during the period covered by the motion, moving counsel shall provide representative business records sufficient to show the types of litigation in which such hourly rates were paid and the rates that were paid in each type. If moving counsel has been paid on an hourly basis in the case in question or in litigation of the same type as the case in question, records showing the rates paid (not charged) for those services must be provided. If moving counsel will rely on other evidence to establish appropriate hourly rates, such as evidence of rates charged by attorneys of comparable experience and qualifications or evidence of rates used in previous awards by courts or administrative agencies, moving counsel shall provide such other evidence. 3. Furnish evidence of the actual cost of any nontaxable expenses to be sought by the motion;

Civil cases

Page 1 | Conference of Counsel

Pretrial motions must be filed 28 days before hearing with specific deadlines for opposition (21 days) and reply (14 days).

Pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, motions challenging Federal Rule of Evidence 404(b) evidence, and motions in limine, must be filed and served in compliance with the requirements of Local Civil Rule 6-1, i.e., at least 28 days before the date set for the hearing. Opposition (or notice of non-opposition) and reply (optional) papers must be filed and served in compliance with the requirements of Local Rule 7-9, i.e., no later than 21 days and 14 days before the hearing date, respectively. All motions in limine and other trial-related motions must be properly noticed for hearing no later than the date of the pretrial conference. Counsel must meet and confer with opposing counsel and attempt to resolve the issue(s) before filing a motion. Motions expected to take more than one-half hour of court time (collectively) must include a time estimate beneath the hearing date on the face page of the motion.

Criminal cases

Page 3 | C. DISCOVERY & NOTICE

Discovery motions require meet-and-confer and specific content about prior requests.

Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain whether the requested discovery will be provided. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery has been requested from opposing counsel, and whether the discovery has been declined, in whole or in part. Motions made without prior consultation with opposing counsel or that fail to include the above information may not be heard.

Criminal cases

Page 4 | C. DISCOVERY & NOTICE

Ex parte applications to allow defendant to travel should be made well in advance of the date of travel. Counsel should indicate whether the probation/pretrial services officer has

Ex parte applications to allow defendant to travel should be made well in advance of the date of travel. Counsel should indicate whether the probation/pretrial services officer has

Criminal cases

Page 2 | B. EX PARTE APPLICATIONS AND MOTIONS

Ex parte applications are disfavored. The Court is unlikely to grant an ex parte application that recites that the moving party has been unable to obtain the position of the opposing party. Counsel should make serious efforts to obtain the agreement (or at least the position) of opposing counsel before filing an application. Where applicable, counsel should also obtain the position of the probation/pretrial services officer assigned to the defendant.

Ex parte applications are disfavored. The Court is unlikely to grant an ex parte application that recites that the moving party has been unable to obtain the position of the opposing party. Counsel should make serious efforts to obtain the agreement (or at least the position) of opposing counsel before filing an application. Where applicable, counsel should also obtain the position of the probation/pretrial services officer assigned to the defendant.

Criminal cases

Page 2 | B. EX PARTE APPLICATIONS AND MOTIONS

To substitute a Doe defendant, plaintiff must first seek consent of all counsel; if consent is denied, file a motion on regular notice.

If a plaintiff wants to substitute a defendant for one of the fictitiously named defendants, plaintiff must first seek the consent of counsel for all defendants (and counsel for the fictitiously named party, if that party has separate counsel). If consent is withheld or denied, plaintiff should file a motion on regular notice.

Civil cases

Page 6 | 11. Status of Fictitiously Named Defendants

Adjournment & Extension Requirements

Depositions must start early enough to complete before cut-off.

All depositions must commence sufficiently in advance of the discovery cut-off date to permit their completion and to permit the deposing party enough time to bring any discovery motions concerning the deposition

Civil cases

Motions to add parties or amend pleadings must be noticed by cut-off date.

All motions to add parties or to amend the pleadings must be noticed to be heard on or before the cut-off date.

Civil cases

Discovery adequacy motions must be filed in advance of cut-off.

Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted.

Civil cases

Discovery cut-off is completion deadline, not service deadline.

The Court has established a cut-off date for discovery and expert discovery if applicable. This is not the date by which discovery requests must be served; it is the date by which all discovery, including all hearings on any related motions, is to be completed.

Civil cases

Stipulations extending time are not effective until court approval, unless FRCP provides automatic extension.

No stipulation extending the time to file any required document or to continue any date is effective until and unless the Court approves it, or unless the Federal Rules of Civil Procedure provide for an automatic extension.

Civil cases

Page 5 | 8. Applications or Stipulations for Extension of Time

Extension request must be made before the deadline to be extended.

The request must be made before the date to be continued.

Civil cases

Page 6 | 8. Applications or Stipulations for Extension of Time

Continuance of scheduling conference requires good cause.

A continuance of the scheduling conference will be granted only for good cause.

Civil cases

Page 8

Parties may stipulate to a different briefing schedule if it provides at least two weeks between reply and hearing.

The parties may stipulate to a different briefing schedule, so long as the schedule provides at least two weeks between the filing of the reply and the hearing date.

Civil cases

Page 3 | Time for Filing and Hearing Motions

Chambers Communication Rules

Counsel must advise CRD of requests to discuss matters outside jury presence during trial.

During trial, if there are any matters to be discussed outside the presence of the jury, counsel must advise the CRD of the request.

Civil cases

Counsel should address all remarks to the Court. Counsel are not to

Counsel should address all remarks to the Court. Counsel are not to

Civil cases

Transcript orders must be placed through court reporter Pat Cuneo at www.patcuneo.com.

All orders for transcripts must be ordered through the court reporter, Pat Cuneo, who can be contacted through www.patcuneo.com.

Civil cases

Before trial begins, the Court will give counsel an opportunity to discuss administrative matters and anticipated procedural or legal issues. Before trial begins, and as soon as the information becomes available to counsel, counsel should advise the court of any concerns or accommodations that are requested for parties or witnesses.

Before trial begins, the Court will give counsel an opportunity to discuss administrative matters and anticipated procedural or legal issues. Before trial begins, and as soon as the information becomes available to counsel, counsel should advise the court of any concerns or accommodations that are requested for parties or witnesses.

Civil cases

Parties must notify the Court of resolution, withdrawal, or non-opposition at least seven days before the hearing.

If the parties are able to resolve the issue, or if a party intends to withdraw or declines to oppose a motion, the Court must be notified as soon as possible, but no later than seven days before the hearing date.

Civil cases

Page 3 | Time for Filing and Hearing Motions

Ex parte contact with chambers is prohibited unless initiated by chambers.

Counsel must not attempt to contact the Court or its Chambers staff by telephone or by any other ex parte means unless contact has been first initiated by Chambers staff.

Civil cases

Page 7 | Communications with Chambers

Submit separate version of witness list and joint exhibit list to chambers email in Word format.

A separate version of the witness list containing only the names of the witnesses and a separate column to insert the dates on which the witness testified, and the joint exhibit list, must be submitted to the Chambers email box in Word format.

Civil cases

Page 4 | D. PRETRIAL CONFERENCE

Email chambers with PDF application, Notice of Manual Filing, Word/WP proposed order, and PDF sealed documents with “UNDER SEAL” caption.

Send an e-mail to the chambers generic e-mail at DSF_Chambers@cacd.uscourts.gov, which contains the PDF version of the application to seal, the Notice of Manual Filing, the Word or WP version of the proposed order (with the language set forth above) and an Adobe PDF of the document(s) to be filed under seal with a caption page, clearly marked “UNDER SEAL.” The subject line of the e-mail should have the case number, plus the words “UNDER SEAL REQUEST.”

Email chambers with PDF application, declaration, proof of service, Word/WP proposed order, and PDF sealed documents with “UNDER SEAL” caption.

Once the documents have been electronically filed, send an e-mail to the chambers generic e-mail at DSF_chambers@cacd.uscourts.gov. Counsel are reminded to comply with Local Rule 5-4.4.2 by submitting the PDF version of the application and declaration, along with proof of service, and a Word or WP version of the proposed order (with the language set forth above). Included with this email must be the Adobe PDF version of the document(s) to be filed under seal with a caption page clearly marked “UNDER SEAL.” NOTE: The subject line of the e-mail should have the case number, plus the words “UNDER SEAL REQUEST.”

When necessary, trials may continue beyond the normal schedule. If counsel contemplate that this schedule will be problematic due to the unavailability of witnesses, counsel should provide details to the Court at the pretrial conference.

When necessary, trials may continue beyond the normal schedule. If counsel contemplate that this schedule will be problematic due to the unavailability of witnesses, counsel should provide details to the Court at the pretrial conference.

Civil cases

All counsel are urged to anticipate matters that may need to be addressed outside of the presence of the jury and to raise them during this period or at the end of the day. The Court does not make jurors wait while counsel discuss matters that should have been addressed previously.

All counsel are urged to anticipate matters that may need to be addressed outside of the presence of the jury and to raise them during this period or at the end of the day. The Court does not make jurors wait while counsel discuss matters that should have been addressed previously.

Civil cases

Counsel should not approach the CRD or the witness box without specific permission. If permission is given, counsel should return to the lectern when the purpose has been accomplished. Counsel should not question a witness at the witness stand.

Counsel should not approach the CRD or the witness box without specific permission. If permission is given, counsel should return to the lectern when the purpose has been accomplished. Counsel should not question a witness at the witness stand.

Civil cases

Counsel must immediately notify the Court if the case or any pending matter is resolved.

Counsel must advise the Court immediately if the case or any pending matter has been resolved.

Civil cases

Page 1 | N/A

Counsel must advise CRD of matters to discuss outside jury presence; sidebars discouraged unless issue can't wait for break.

During trial, if there are any matters to be discussed outside the presence of the jury, counsel shall advise the CRD of the request. The Court discourages sidebars during trial, unless the issue cannot be resolved at an upcoming break.

Criminal cases

Settlement must be reported immediately to the CRD and a notification sent to the Chambers email box.

If settlement is reached, it must be reported immediately to the courtroom deputy clerk (CRD) as required by Local Rule 16-15.7 regardless of the day or time settlement is reached. In addition, counsel must immediately send a notification of settlement to the Chambers email box.

Civil cases

Page 5 | ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES/NOTICE OF SETTLEMENT

At least one week before trial, counsel must email to Chambers a glossary, witness list, and joint exhibit list in Word format.

At least one week before trial, counsel must send to the Chambers email box in Word format: a. A case-specific glossary for the court reporter that includes applicable medical, scientific, or technical terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/entities involved in the case, names of people interviewed/deposed, names of family members, friends, or others who might be mentioned, and other case-specific terminology; b. The party's witness list, with a column to add the date on which the witness testified; c. The joint exhibit list in the form specified in Local Rule 16-6. An annotated exhibit list identifying the exhibits to be received into evidence at the start of the trial must also be provided.

Civil cases

Page 6 | GLOSSARY, TRIAL EXHIBITS, WITNESS LISTS, ETC.

Moving party must email electronic Joint Statement to chambers ECF inbox.

the moving party shall email an electronic version of the Joint Statement to this Court’s chambers ECF email inbox.

Civil cases

Page 4 | Joint Statement

Before trial begins, and as soon as the information becomes available to counsel, counsel should advise the court of any concerns or accommodations that are requested for parties or witnesses. During trial, if there are any matters to be discussed outside the presence of the jury, counsel shall advise the CRD of the request. The Court discourages sidebars during trial, unless the issue cannot be resolved at an upcoming break.

Before trial begins, and as soon as the information becomes available to counsel, counsel should advise the court of any concerns or accommodations that are requested for parties or witnesses. During trial, if there are any matters to be discussed outside the presence of the jury, counsel shall advise the CRD of the request. The Court discourages sidebars during trial, unless the issue cannot be resolved at an upcoming break.

Criminal cases

The Court does not make jurors wait while counsel discuss matters that should or could have been addressed at other times. Counsel are urged to consider any unusual substantive or evidentiary issues that may arise, and to advise the Court of such issues. Short briefs addressing such disputed issues are welcome.

The Court does not make jurors wait while counsel discuss matters that should or could have been addressed at other times. Counsel are urged to consider any unusual substantive or evidentiary issues that may arise, and to advise the Court of such issues. Short briefs addressing such disputed issues are welcome.

Criminal cases

The parties should review carefully any motion requirements of the assigned magistrate judge to ensure that motions are made timely.

The parties should review carefully any motion requirements of the assigned magistrate judge to ensure that motions are made timely.

Civil cases

Counsel may contact the courtroom deputy clerk by email for appropriate inquiries.

Counsel may contact the courtroom deputy clerk with appropriate inquiries. The preferred method of communication with the courtroom deputy clerk is email.

Civil cases

Page 7 | Communications with Chambers

Legal/administrative matters: 8:30-9:00 on jury selection day, 7:45-8:00 thereafter.

On the day of jury selection, the Court reserves the time from 8:30 a.m. to 9:00 a.m. to handle legal and administrative matters. Jury selection will begin promptly at 9:00 a.m. or as soon as jurors are available. Thereafter, legal and administrative matters will be addressed between 7:45 a.m. and 8:00 a.m.

Criminal cases

About United States District Judge Dale S. Fischer

Senior Judge Dale S. Fischer was appointed to the Central District of California by President George W. Bush in 2003.

Fischer was born in 1951 in Orange, New Jersey. She received her undergraduate degree from the University of South Florida and her law degree from Harvard Law School. She practiced as a business litigator at Heller Ehrman and Kindel & Anderson for 17 years before joining the bench, first as a Los Angeles Municipal Court judge handling criminal cases, then on the Los Angeles County Superior Court.

Education

  • Harvard Law School, J.D., 1980
  • University of South Florida, B.A., 1977

Career

  • Private practice, California (Heller Ehrman; Kindel & Anderson), 1980–1997
  • Judge, Los Angeles Municipal Court, 1997–2000
  • Judge, Superior Court of California, Los Angeles County, 2000–2003
  • U.S. District Judge, Central District of California, 2003–present

Courthouse: First Street U.S. Courthouse, 350 W. 1st Street, Los Angeles, CA 90012 Division: Western Division (Los Angeles)

Chambers Staff

  • Chambers Email: DSF_Chambers@cacd.uscourts.gov
Common questions about Judge Dale S. Fischer's rules

Are courtesy copies required for Judge Dale S. Fischer?

Counsel must provide Chambers with conformed paper chambers copies of all documents. Chambers copies should not be put in envelopes.

Does Judge Dale S. Fischer require a pre-motion conference or letter before filing a motion?

Pre-filing conference required for all motions under Local Rule 7-3; failure may result in sanctions or denial of hearing.

View ruleSource: page 4, section Pre-filing Requirement

What page or word limits apply to brief before Judge Dale S. Fischer?

Judge Dale S. Fischer's rule states these limits: attorney: 25 pages; attorney: 12 pages. Memoranda limited to 25 pages (support/opposition) and 12 pages (reply).

View ruleSource: page 4, section Length and Format of Motion Papers

What page or word limits apply to motion memorandum before Judge Dale S. Fischer?

Judge Dale S. Fischer's rule states these limits: attorney: 25 pages. Motion memoranda limited to 25 pages; replies to 12 pages.

View ruleSource: page 3, section B. EX PARTE APPLICATIONS AND MOTIONS

What formatting rules apply to filings before Judge Dale S. Fischer?

Judge Dale S. Fischer's formatting rule includes file format docx. Jury instruction documents must be submitted to Chambers email in Word format when filed.

View ruleSource: page 7, section 7

What must be included with pretrial preparation filings before Judge Dale S. Fischer?

Strict compliance with Local Rule 16 required; no exemptions for pro se parties.

What must be included with motion in limine filings before Judge Dale S. Fischer?

Motions in limine must address specific issues, not broad categories.

View ruleSource: page 5, section II. TRIAL_PREPARATION

How may parties contact Judge Dale S. Fischer's chambers?

Counsel should address all remarks to the Court. Counsel are not to

How does Judge Dale S. Fischer handle sealed or redacted filings?

A motion to seal is required for covered sealed filings before Judge Dale S. Fischer. The existence of a protective order does not alone justify the filing of pleadings or other documents under seal, in whole or in part.

View ruleSource: page 2, section 2. Discovery

How do I request an adjournment or extension before Judge Dale S. Fischer?

Discovery adequacy motions must be filed in advance of cut-off.

Does Judge Dale S. Fischer require motion papers to be bundled?

Moving parties should not file summary judgment motions at the last possible day.

View ruleSource: page 1, section ORDER RE MOTIONS FOR SUMMARY JUDGMENT

What filing deadlines does Judge Dale S. Fischer set?

Motion for class certification must be filed within 120 days of the initial scheduling conference date.

View ruleSource: page 6, section 10. Class Actions

What rule applies to service for standing order before Judge Dale S. Fischer?

Details: recipient: all parties. Plaintiff's counsel must serve this standing order on all parties immediately.

View ruleSource: page 1, section N/A
Complete rules summary for Judge Dale S. Fischer

Strict compliance with Local Rule 16 required; no exemptions for pro se parties.

Motions in limine must address specific issues, not broad categories.

Where a significant number of exhibits will be admitted, the Court encourages counsel, preferably by agreement, to consider ways in which testimony about exhibits may be made intelligible to the jury while it is being presented. Counsel should consider such devices as jury notebooks for admitted exhibits, or enlargements of important exhibits. The Court has an Elmo and other equipment available for use during trial. Information concerning training on the use of electronic equipment is available. Details are posted on the Court’s website. To make reservations for training, call 213-894-3061. The Court does not permit exhibits to be “published” by passing them up and down the jury box. Exhibits may be displayed briefly using the screens in the courtroom, unless the

Jury instruction documents must be submitted to Chambers email in Word format when filed.

Counsel must not write/draw during trial; may prepare in advance with court order to save time.

ADR proceeding must be completed by Court-set deadline.

Counsel should address all remarks to the Court. Counsel are not to

Counsel should not by facial expression, nodding, or other conduct exhibit any opinion, adverse or favorable, concerning any testimony being given by a witness, statements or arguments by opposing counsel, or rulings by the Court. Counsel should admonish counsel’s own clients and witnesses to avoid such conduct.

Discovery adequacy motions must be filed in advance of cut-off.

When submitting other than Ninth Circuit or California instructions, counsel should be sure that the law on which the instruction is based is the same as Ninth Circuit law (or California or other state law, if applicable) on the subject.

All counsel are urged to anticipate matters that may need to be addressed outside of the presence of the jury and to raise them during this period or at the end of the day. The Court does not make jurors wait while counsel discuss matters that should have been addressed previously.

Counsel should not approach the CRD or the witness box without specific permission. If permission is given, counsel should return to the lectern when the purpose has been accomplished. Counsel should not question a witness at the witness stand.

Counsel are to advise the CRD of any agreements they have with respect to the proposed exhibits and as to those exhibits that may be received so that no further motion to admit need be made.

Before trial begins, the Court will give counsel an opportunity to discuss administrative matters and anticipated procedural or legal issues. Before trial begins, and as soon as the information becomes available to counsel, counsel should advise the court of any concerns or accommodations that are requested for parties or witnesses.

Short briefs on disputed issues are welcome.

Standing Order available online at specified URL.

Discovery cut-off is completion deadline, not service deadline.

Simplified witness list and joint exhibit list required in Word format via email; paper copies also required.

Witness lists require testimony description and time estimates; explain multiple witnesses on same topics.

Opposition to motions in limine must be filed by the Court-established deadline.

Plaintiff must serve proposed jury instructions and verdict forms 14 days before Rule 16-2 meeting.

Each side limited to 5 motions in limine (unless Court grants good cause exception).

Counsel must attempt to agree on jury instructions at or before Rule 16-2 meeting.

Motions in limine are generally ruled on at the pretrial conference.

Where language appears in brackets, the appropriate language should be selected. All blanks should be completed.

Where California law applies, counsel should use the current edition of California Jury Instructions -- Civil (BAJI or CACI).

The Court has its own introductory instructions (instructions read before opening statements). Counsel should provide only instructions to be read after the evidence has been submitted or that may be appropriate during trial.

If neither is applicable, counsel should consult the instructions manuals from other circuits or states, as applicable.

Joint jury instructions must be filed electronically to Chambers email and in paper form by Court-set date.

Each counsel should keep counsel’s own list of exhibits and should note when each has been admitted into evidence.

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Judge
Autumn D. Spaeth
Magistrate Judge
Brianna Fuller Mircheff
Magistrate Judge