Courtesy copies are required for all covered filings. Details: 1 copy, delivery upon filing, by hand delivery. Chambers copies required for all documents; no envelopes.
Judge Dale S. Fischer's rules set a pre-motion procedure for rule 12, rule 404b, bifurcate, sever, suppress evidence, and in limine. Pretrial motions must be filed 28 days before hearing; opposition 21 days; reply 14 days.
Judge Dale S. Fischer's rule states these limits: 25 pages. Excludes caption, index, table of contents, table of authorities, signature blocks, and certificates. Motion memoranda limited to 25 pages; replies to 12 pages.
Judge Dale S. Fischer's rule states these limits: 12 pages. Excludes caption, index, table of contents, table of authorities, signature blocks, and certificates. Reply briefs limited to 12 pages with rare extensions for good cause.
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.
The rule requires local rule certificate. Strict compliance with Local Rule 16 required; no exemptions for pro se parties.
The rule requires proposed order, table of contents, and table of authorities. Pretrial documents must conform to Local Rules format (Appendix A).
Parties may contact Judge Dale S. Fischer's chambers by letter ecf only as allowed by the rule. Counsel must advise court of concerns/accommodations for parties/witnesses before trial begins.
The rule does not state that a motion to seal is required for the covered filing process. Rejected documents will be destroyed unless retrieved from clerk within 5 days.
Judge Dale S. Fischer's rules specify what an adjournment or extension request must include. The request must include reason for request, original date, number of previous requests, previous requests granted or denied, adversary position, and proposed new dates. Motions to add parties or amend pleadings must be noticed by cut-off date.
Bundling is encouraged for covered papers before Judge Dale S. Fischer. Moving parties should not file summary judgment motions at the last possible day.
Unserved parties dismissed at pretrial conference under Local Rule 16-8.1.
Short briefs on disputed issues are welcome.
Motions to add parties or amend pleadings must be noticed by cut-off date.
Discovery cut-off is completion deadline, not service deadline.
Review magistrate judge's motion requirements for timely filing.
Discovery adequacy motions must be filed in advance of cut-off.
Depositions must start early enough to complete before cut-off.
Chambers copies required for all documents; no envelopes.
Standing Order available online at specified URL.
Strict compliance with Local Rule 16 required; no exemptions for pro se parties.
Pretrial documents must conform to Local Rules format (Appendix A).
Non-compliance may result in sanctions or continued pretrial conference.
Witness lists require testimony description and time estimates; explain multiple witnesses on same topics.
Simplified witness list and joint exhibit list required in Word format via email; paper copies also required.
ADR proceeding must be completed by Court-set deadline.
Motions in limine must be filed by the Court-established deadline.
Each side limited to 5 motions in limine (unless Court grants good cause exception).
Counsel must meet and confer to attempt agreement on disputed evidence before filing motions in limine.
Opposition to motions in limine must be filed by the Court-established deadline.
Motions in limine are generally ruled on at the pretrial conference.
Motions in limine must address specific issues, not broad categories.
Plaintiff must serve proposed jury instructions and verdict forms 14 days before Rule 16-2 meeting.
Defense must serve objections to jury instructions within 7 days of receiving plaintiff's proposals.
Counsel must attempt to agree on jury instructions at or before Rule 16-2 meeting.
Parties must use most recent Ninth Circuit model jury instructions, modified for case specifics.
Bracket language must be selected and all blanks completed in jury instructions.
California law cases must use current BAJI or CACI jury instructions.
If Ninth Circuit or California instructions don't apply, consult other circuit/state manuals.
Non-standard instructions must be based on same law as Ninth Circuit/California/other applicable law.
Alternatives to standard instructions only allowed with reasoned argument they're incomplete or incorrect.