Judge Josephine L. Staton
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 3 copies
- Never Required
Discovery Motion
- 2 copies
Exhibits
- 2 copies
Sealed Document, Application To Seal, Declaration
- 0 copies • Not Required
Adjournments
- Filing Party must take action within 3 days of Court's ruling.
- Filing Party must give 3-day notice to Designating Party before filing under seal application.
Communication
Chambers, Clerk
Page & Word Limits5 rules
Motion and opposition briefs are limited to 7,000 words; reply briefs are limited to 4,200 words.
In addition, because reply briefs should by their nature be shorter than motion and opposition briefs, the Court imposes an additional limitation on reply briefs, limiting those to 4,200 words rather than 7,000 words.
Brief
7,000 words
Applies to: Attorney
Reply Brief
4,200 words
Applies to: Attorney
Procedure 7 from Judge Staton’s web page, related to length and format of motions, applies to motions in limine, except that motions in limine (and oppositions thereto) are limited to 2,800 words. Reply briefs, if they are filed at all, must be limited to 2,100 words.
Motion In Limine
2,800 words
Applies to: Attorney
Opposition
2,800 words
Applies to: Attorney
Reply Brief
2,100 words
Applies to: Attorney
a. Statement of the case: a short synopsis (not to exceed two pages) of the main claims, counterclaims, and affirmative defenses.
Rule 26f Report Statement Of Case
2 pages
Motion/opposition briefs limited to 7,000 words; reply briefs limited to 4,200 words, extensions only for good cause.
Limitations on the length of briefs are specified in Local Civil Rule 11-6.1. In addition, because reply briefs should by their nature be shorter than motion and opposition briefs, the Court imposes an additional limitation on reply briefs, limiting those to 4,200 words rather than 7,000 words. Only in rare instances and for good cause shown will the Court grant an application to extend these page limitations.
Brief
7,000 words
Reply Brief
4,200 words
motions in limine (and oppositions thereto) are limited to 2,800 words. Reply briefs, if they are filed at all, must be limited to 2,100 words.
Motion In Limine
2,800 words
Applies to: Attorney
Opposition
2,800 words
Applies to: Attorney
Reply
2,100 words
Applies to: Attorney
Document Format Requirements35 rules
Each document must be conspicuously labeled as “in camera” on the first page. Marking such documents on every page (in the footer) as “in camera” is also suggested.
For all motions, counsel’s estimate of the time required for presentation of the motion must be set forth adjacent to the caption. Opposition briefs shall also set forth a time estimate.
All exhibits longer than one page shall be internally paginated in the lower right-hand corner.
All exhibits presented to the Court by either side shall have the Court’s official exhibit tags attached to the lower right-hand corner of the first page of each exhibit.
counsel must email all proposed instructions in Microsoft Word format to the Court at the following email address: JLS_Chambers@cacd.uscourts.gov.
DOCX
Counsel shall include both general and substantive instructions.
Jury instructions must be submitted in three parts: agreed, government-objection, defense-objection.
The jury instructions shall be submitted as follows: a. Agreed upon JOINT jury instructions; b. Instructions propounded by the government to which the defendant(s) objects; and c. Instructions propounded by defendant(s) to which the government objects.
Proposed orders must also be submitted in editable Microsoft Word format.
DOCX
All documents to be filed on the docket must conform with e-filing requirements Local Civil Rules 5-4.3, including, most notably, that they be submitted in text-searchable .pdf format.
Counsel are directed to email to the Court a Microsoft Word version of the (Proposed) Final Pretrial Conference Order on the date it is lodged.
DOCX
counsel must submit electronic versions (in Microsoft Word format) to the Court at the following email address: JLS_Chambers@cacd.uscourts.gov
DOCX
Exhibits must be placed in 3-ring loose-leaf binders with divider tabs, numbered per Local Rule 26-3, with binder face/spine marked with case details.
All exhibits will be placed in 3-ring loose-leaf binders, in numerical order, with divider tabs containing exhibit numbers. The exhibits are to be numbered in accordance with Local Rule 26-3. The face and spine of the notebooks are to be marked with the case name and number, the numbers of the exhibits contained therein, and the volume number.
Parties must prepare three witness binders per witness (Court, opposing party, witness) with only that witness’s exhibits, witness name on binder, numerical order, tabs, delivered to CRD/opposing side when witness is called.
The parties must also prepare individual witness binders: One for the Court; one for the opposing party; and one for the witness. Witness binders are to include only those exhibits that will be used when a particular witness testifies. The name of the witness should appear on the binder, and exhibits must be in numerical order and tabbed so that the witness, the Court, and the opposing party may easily access each exhibit as the witness’s testimony proceeds. Witness binders are used for the convenience of the witness, the Court, and the parties. As such, they need not be given to the Courtroom Deputy Clerk (“CRD”) or the opposing side until each witness is called.
Legal argument is prohibited in Statements of Uncontroverted Facts and Genuine Disputes; objections may be noted but case law/legal argument must be in a separate document.
No legal argument should be set forth in the Statement of Uncontroverted Facts or the Statement of Genuine Disputes of Material Fact. Legal argument should be reserved for the parties’ briefs. Objections and the relevant Federal Rule of Evidence or other basis therefor may be noted, but citations to case law and/or legal argument should be presented in the separate document described below.
Local Rule 56-1 Statement of Uncontroverted Facts must be formatted as two columns with moving party's facts in the left column and supporting evidence citations in the right column.
The Statement of Uncontroverted Facts and Conclusions of Law (“Statement of Uncontroverted Facts”), as required by Local Rule 56-1, shall be formatted based on the following example: 1. (Moving party’s first uncontroverted (Supporting evidence fact) citation(s)) 2. (Moving party’s second undisputed (Supporting evidence fact) citation(s))
Local Rule 56-2 Statement of Genuine Disputes must be two-column, track movant's 56-1 statement, with first column combining facts and evidence, second stating disputed status with citations.
The opposing party’s Statement of Genuine Disputes of Material Fact (required by Local Rule 56-2) must be in two columns and track the movant’s Statement of Uncontroverted Facts exactly as prepared, but must combine the moving party’s fact statements and the supporting evidence into one column. Thus, the first column must restate the allegedly undisputed fact and the alleged supporting evidence, and the second column must state either that the fact proffered by the moving party is undisputed or disputed. The opposing party may dispute all or only a portion of the statement, but if disputing only a portion, it must clearly indicate what part is being disputed. Whenever all or part of a proffered fact is disputed, the opposing party must briefly state why it disputes the moving party’s proffered fact, cite to the relevant exhibit(s) or other evidence, and must describe what it is in that exhibit or evidence that refutes the proffered fact.
Presentation of those additional material facts by the non-moving party shall follow the format described above for the moving party’s Statement of Uncontroverted Facts. These additional facts shall continue in sequentially numbered paragraphs and shall set forth in the right-hand column the evidence that supports that statement. A Reply fact statement may be filed by the moving party in a manner consistent with Local Rule 56-3.
Evidentiary objections must be in a separate two-column statement; responses use the same two-column format as the objections.
If a party relies in whole or in part on an evidentiary objection to dispute a material fact, the ground(s) of the objection(s) shall be succinctly stated in a separate statement of evidentiary objections in a two-column format. The left column should identify and describe the item(s) objected to (including page and line number if applicable) and the right column should set forth a concise objection (e.g., hearsay, lacks foundation, etc.) with a citation to the Federal Rules of Evidence or, where applicable, a case citation. Any response to the objections shall incorporate and build upon the two- column format set forth in the objections in the same manner as the Statement of Genuine Disputes of Material Fact incorporates and builds upon the Statement of Uncontroverted Facts.
entries may be in handwriting only if the handwriting is very neat and legible.
In addition, counsel must submit electronic versions (in Microsoft Word format) to the Court at the following email address: JLS_Chambers@cacd.uscourts.gov
DOCX
Exhibits consisting of more than one page shall be internally paginated in the lower right-hand corner, displaying both the exhibit number and the page number.
Witness binders must have the witness name on them, exhibits in numerical order, and tabbed for easy access.
The name of the witness should appear on the binder, and exhibits must be in numerical order and tabbed so that the witness, the Court, and the opposing party may easily access each exhibit as the witness's testimony proceeds.
Witness binders are to include only those exhibits that will be used when a particular witness testifies.
All exhibits will be placed in 3-ring loose-leaf binders, in numerical order, with divider tabs containing exhibit numbers.
The exhibits shall have the appropriate exhibit tag affixed to the lower right-hand corner of the first page of each original exhibit.
The face and spine of the notebooks are to be marked with the case name and number, the numbers of the exhibits contained therein, and the volume number.
The exhibits shall be separated by tabs that indicate their exhibit numbers.
The use of red text or highlighting is encouraged.
Electronic Document Submission System (EDSS) which will allow pro se litigants to submit documents for filing through an online portal, in lieu of submission by U.S. mail or in-person at Civil Intake. EDSS is a document delivery system; documents submitted through EDSS are not automatically uploaded on CM/ECF. Pro se litigants may submit documents in PDF format for review and filing by the Clerk’s Office.
Attribution and case citation for each instruction should be placed on pages following a proposed instruction.
For disputed instructions, a party should note its objections to a proposed instruction and its reasons for putting forth its alternative on pages placed after its own alternative instruction.
The instructions should be submitted in the order in which the parties wish to have the instructions read. This order should reflect a single organized sequence agreed to by all of the parties.
Document Filing Requirements47 rules
Non-publicly filed documents must be served with NEF on all relevant parties.
Because electronic service will be effectuated only as to the publicly filed documents, the filing party must serve any non-publicly filed documents, together with the Notice of Electronic Filing (“NEF”), on all relevant parties.
DocumentNon Public Document
No later than four days after the filing of the Application, the Designating Party is required to file a Declaration supporting the filing of the designated materials under seal.
DocumentDeclaration
Email a Proposed Order (in proper format) to the chambers' email address.
DocumentProposed Order
Should you wish to bring any matter to the attention of the Court, you must do so in writing, and file and serve it on the opposing party.
Pleadings and documents invoking the Court's jurisdiction must contain a short and plain statement of the grounds for jurisdiction.
The Federal Rules of Civil Procedure require that “[a] pleading which sets forth a claim for relief . . . shall contain (1) a short and plain statement of the grounds upon which the court’s jurisdiction depends.” Fed. R. Civ. P. 8(a). This District’s Local Rules further provide that “[t]he statutory or other basis for the exercise of jurisdiction by this Court shall be plainly stated in . . . any document invoking this Court’s jurisdiction.” Local Rule 8-1.
DocumentPleading
In the notice of motion, the moving party shall report to the Court that counsel conferred regarding the substance of the motion.
DocumentNotice Of Motion
Filings created using generative AI must include a separate declaration disclosing AI use and certifying accuracy and Rule 11 compliance.
Any party who uses any form of generative artificial intelligence to generate any portion of a brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer’s Rule 11 obligations.
DocumentBrief, Pleading, Or Other Filing
A certification of compliance is required as set forth in Local Rule 11-6.2.
DocumentBrief
Discovery motions must state particularity of request, basis, prior request to opposing counsel, and any declination.
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.
DocumentDiscovery Motion
Defense counsel must also prepare witness binders, described above.
DocumentWitness Binder
In camera documents must be labeled 'in camera' on the first page (footer marking suggested), use of 'under seal' or 'ex parte' is prohibited when 'in camera' is appropriate, red text/highlighting is encouraged, and such documents are subject to under-seal filing procedures if filed.
Always use the term “in camera” where a document is to be submitted solely for the Court’s review. Use of the terms “under seal” and “ex parte” must not be used when the term “in camera” is more appropriate. Procedures for in camera review are set forth in Local Civil Rule 79-6. Documents submitted in camera are not always filed, but when they are, they are almost always filed and maintained under seal. Therefore, in camera documents are subject to these procedures. Each document must be conspicuously labeled as “in camera” on the first page. Marking them on every page (in the footer) as “in camera” is also suggested. The use of red text or highlighting is encouraged.
DocumentIn Camera Document
The form of the (Proposed) Final Pretrial Conference Order shall be in conformity with the form set forth in Appendix A to the Local Rules.
DocumentProposed Final Pretrial Conference Order
Witness list entries must be last name first, have brief descriptions, time estimates rounded to quarter hours, and note special considerations in comments.
(1) List witnesses (last name first); (2) for description, be extremely brief, e.g., “eyewitness to accident,” or “expert on standard of care”; (3) use estimates within fractions of an hour, rounded off to closest quarter of an hour (e.g., 25 minutes becomes .5 hour, and 45 minutes would be .75 hour); (4) note special considerations in “Comments” column (e.g., “needs interpreter”);
DocumentJoint Witness List
Parties must meet and confer to prepare joint jury instructions, submitted in reading order.
The parties are to meet and confer sufficiently in advance of the required filing deadline to prepare joint jury instructions. The instructions should be submitted in the order in which the parties wish to have the instructions read.
DocumentJury Instructions
Joint witness lists must list witnesses in testimony order, include time estimates for all examination types, and provide brief testimony summaries.
Counsel are to submit the names of the witnesses in the order that they are expected to testify, and provide, to the extent possible, an accurate estimate of the time needed for each witness for direct, cross, redirect and re- cross. Counsel will also provide a brief summary of each witness’ testimony. If more than one witness is offered on the same subject, the summary should be sufficiently detailed to allow the Court to determine if the testimony is cumulative.
DocumentJoint Witness List
A joint witness list will be prepared in compliance with the example below and Local Rule 16-5.
DocumentJoint Witness List
In the event that agreement cannot be reached, counsel will file instructions in the following format: (1) the agreed-upon instructions; (2) the instructions proposed by plaintiff and opposed by defendant; (3) the instructions proposed by defendant and opposed by plaintiff.
DocumentJury Instructions
Counsel must stipulate to exhibit foundation, best evidence rule waiver, and admissible exhibits as part of meet and confer for joint exhibit lists.
As part of the meet and confer process, counsel will stipulate so far as is possible as to foundation, waiver of the best evidence rule, and to those exhibits which may be received into evidence at the start of trial. The exhibits to be so received will be noted on the extra
DocumentJoint Exhibit List
Joint exhibit lists must comply with Local Rule 16-6.1, the provided example, and FRCP 26(a)(3)(A).
A joint exhibit list shall be prepared in compliance with the example below and Local Rule 16-6.1. The joint exhibit list shall contain the information required by Federal Rule of Civil Procedure 26(a)(3)(A).
DocumentJoint Exhibit List
For disputed instructions, a party should note its objections to a proposed instruction and its reasons for putting forth its alternative on pages placed after its own alternative instruction.
DocumentJury Instructions
The parties shall prepare two sets of exhibit binders for the Court, and another set of binders for the opposing party. Both sets must be brought to the Exhibit Conference.
DocumentExhibit Binder
Proposed Findings of Fact must cite admitted evidence; relevant transcript excerpts required for facts established via witness testimony.
The proposed Findings of Fact must include citations to admitted evidence. Where witness trial testimony is necessary to establish a given fact, the party must obtain a transcript of the proceedings and file relevant excerpts of those transcripts with the (Proposed) Findings of Fact and Conclusions of Law.
DocumentProposed Findings Conclusions
A Joint Rule 26(f) Report that is filed without a fully completed Exhibit A will be rejected by the Court and may subject the parties to sanctions.
DocumentJoint Rule 26f Report
Joint Rule 26(f) Report must be a single jointly signed report drafted by the plaintiff unless parties agree otherwise.
The Report shall be drafted by plaintiff (unless the parties agree otherwise), but shall be submitted and signed jointly. “Jointly” contemplates a single report, regardless of how many separately represented parties there are.
DocumentJoint Rule 26f Report
Joint Rule 26(f) Report must include a statement of other case management issues and proposals for severance or bifurcation.
Other issues: a statement of any other issues affecting the status or management of the case (e.g., unusually complicated technical or technological issues, disputes over protective orders, extraordinarily voluminous document production, non-English speaking witnesses, discovery in foreign jurisdictions, etc.) and any proposals concerning severance, bifurcation, or other ordering of proof.
DocumentJoint Rule 26f Report
As explained in further detail on the web page, the parties are directed to discuss class action scheduling issues in their Joint Rule 26(f) Report.
DocumentJoint Rule 26f Report
In patent cases, counsel should review, prepare, and attach the Court’s Joint Rule 26(f) Report utility patent-specific Exhibit B (in lieu of the Exhibit A).
DocumentJoint Rule 26f Report
Parties seeking emergency or provisional relief shall comply with Federal Rule of Civil Procedure 65 and Local Rule 65.
DocumentApplication For Emergency Relief
If the defendant has not yet answered or filed a pre-answer motion, the defendant’s answer or motion must be filed in this Court and must comply with the Federal Rules of Civil Procedure and the Local Rules.
DocumentAnswer
2 a Notice of Interested Parties in accordance with Local Rule 7.1-1.
DocumentNotice Of Interested Parties
The motion must specify which portions of the ruling are clearly erroneous or contrary to law and support the contention with points and authorities.
DocumentMotion
Motions may only proffer specific evidence excerpts; admissible evidence must be authenticated via stipulation or declaration.
Parties shall not proffer evidence other than the specific items of evidence or testimony in support of or in opposition to a motion. For example, the parties should provide excerpts rather than entire deposition transcripts or entire sets of interrogatory responses. Where a motion must be supported by admissible evidence, authenticity must be established by stipulation of the parties, declaration, or other appropriate means.
DocumentMotion
A certification of compliance is required as set forth in Local Rule 11-6.2.
DocumentBrief
Filing & Service rules
Electronic Filing Rules
Counsel must submit electronic Microsoft Word versions of jury instructions via email to JLS_Chambers@cacd.uscourts.gov.
counsel must submit electronic versions (in Microsoft Word format) to the Court at the following email address: JLS_Chambers@cacd.uscourts.gov
Civil cases
Page 6 | II. FINAL PRETRIAL CONFERENCE
Initiating documents for most civil cases must be e-filed per Local Rule 3-2.
The initiating documents (e.g., complaints and notices of removal) of most civil cases must be e-filed. See Local Rule 3-2.
Page 2 | Filing of Civil Cases
Counsel must email a Microsoft Word version of the Proposed Final Pretrial Conference Order to the Court on the date it is lodged.
Counsel are directed to email to the Court a Microsoft Word version of the (Proposed) Final Pretrial Conference Order on the date it is lodged.
Civil cases
Page 3 | FINAL PRETRIAL CONFERENCE
Pro se litigants may use EDSS to submit PDF documents for filing; documents are not automatically filed but reviewed by the Clerk's Office.
Electronic Document Submission System (EDSS) which will allow pro se litigants to submit documents for filing through an online portal, in lieu of submission by U.S. mail or in-person at Civil Intake. EDSS is a document delivery system; documents submitted through EDSS are not automatically uploaded on CM/ECF. Pro se litigants may submit documents in PDF format for review and filing by the Clerk’s Office.
Page 9 | ELECTRONIC DOCUMENT SUBMISSION SYSTEM (EDSS)
Pro se litigants may apply for permission to electronically file using Form CV-005.
Pro se litigants may also apply to the Court for permission to electronically file. Form CV-005 is available at: https://www.cacd.uscourts.gov/court-procedures/forms?category=Civil%20Forms
Page 9 | ELECTRONIC DOCUMENT SUBMISSION SYSTEM (EDSS)
Filing Timing and Cure Windows
At the latest, all pretrial motions in criminal cases, including motions in limine, must be noticed for hearing at the pretrial status conference, which is set by the CRD for the Friday
At the latest, all pretrial motions in criminal cases, including motions in limine, must be noticed for hearing at the pretrial status conference, which is set by the CRD for the Friday
Criminal cases
Page 2 | Hearing Date(s) for Pretrial Criminal Motions
Pretrial motions must be filed 28 days before hearing; opposition briefs 21 days before; reply briefs 14 days before hearing per local rules.
The briefing schedule shall be that specified in Local Rules 6-1, 7-9, and 7-10, which require that motions be filed no fewer than twenty-eight (28) days in advance of the hearing, and that opposition and reply briefs be filed twenty-one (21) and fourteen (14) days in advance of the hearing, respectively.
Criminal cases
Page 3 | Briefing Schedule for Pretrial Motions
Absent local or case-specific deadlines, government expert disclosures due 6 weeks before trial; defendant's due 4 weeks after government's disclosure.
In the absence of a Local Rule or case-specific deadline, the government’s deadline shall be six weeks in advance of trial, and the defendant’s deadline shall be four weeks after the government’s disclosure.
Criminal cases
Page 4 | Duty to Produce and Disclose
Counsel must file and serve special voir dire questions on opposing counsel at least 4 court days before trial.
At least four (4) court days prior to trial, each counsel shall file and serve on opposing counsel any special questions requested to be put to prospective jurors by the Court during voir dire.
Criminal cases
Page 5 | Voir Dire
Counsel must submit joint jury instructions and joint proposed verdict form (if special verdict desired) no later than 1 week before trial.
In a jury trial, no later than one (1) week before trial, counsel shall submit JOINT jury instructions and a JOINT proposed verdict form (if a special verdict is desired).
Criminal cases
Page 5 | Jury Instructions and Verdict Forms
Parties must file indictment summary 4 court days before trial if full indictment reading to jury is inappropriate.
In any case in which reading the entire indictment to the jury during voir dire would be inappropriate, at least four (4) court days prior to trial, the parties shall file a summary of the indictment that may be read by the Court in lieu of the indictment.
Criminal cases
Page 5 | Summary of the Indictment
Parties must file and serve sentencing position statements at least 2 weeks before the sentencing hearing.
Notwithstanding the foregoing, a statement of each party’s position concerning sentencing shall be filed and served no later than two (2) weeks before the sentencing hearing, and the proof of service shall reflect service on the assigned United States Probation Officer.
Criminal cases
Page 7 | SENTENCING PROCEEDINGS
If ordered to do so, within 3 days of the entry of the Court’s Order, the filer must electronically file public redacted versions of any under-seal documents. Redactions must be limited to those portions previously identified for the Court in yellow highlighting.
If ordered to do so, within 3 days of the entry of the Court’s Order, the filer must electronically file public redacted versions of any under-seal documents. Redactions must be limited to those portions previously identified for the Court in yellow highlighting.
Page 2 | Criminal Cases Pending on Judge Staton’s Docket
Discovery inadequacy motions must be filed and served within 10 days after the discovery cut-off date.
Any motion regarding the inadequacy of responses to discovery must be filed and served not later than ten (10) days after the discovery cut-off date.
Civil cases
Page 2 | I. SCHEDULING D. Discovery Motions
Proposed Final Pretrial Conference Order must be lodged 11 calendar days before Final Pretrial Conference.
The (Proposed) Final Pretrial Conference Order shall be lodged no later than eleven (11) calendar days before the Final Pretrial Conference.
Civil cases
Page 3 | II. FINAL PRETRIAL CONFERENCE
Joint Statement of the Case must be filed 5 court days before Final Pretrial Conference.
The statement will be filed with the Court five (5) court days before the Final Pretrial Conference.
Civil cases
Page 4 | III. TRIAL PREPARATION
Motions in limine must be filed 28 days before Final Pretrial Conference.
Motions in limine must be filed no later than twenty-eight (28) days in advance of the Final Pretrial Conference.
Civil cases
Page 4 | III. TRIAL PREPARATION
Voir dire special questions must be filed 5 court days before Final Pretrial Conference.
At least five (5) court days before the Final Pretrial Conference, each counsel shall file with the Court any special questions requested to be put to prospective jurors on voir dire.
Civil cases
Page 4 | III. TRIAL PREPARATION
Jury instructions and verdict forms must be filed 5 court days before the Final Pretrial Conference.
In a jury trial, jury instructions and special verdict form(s) are to be filed no later than five (5) court days prior to the Final Pretrial Conference.
Civil cases
Page 5 | II. FINAL PRETRIAL CONFERENCE
Joint exhibit lists must be filed 5 court days before the Final Pretrial Conference, with parties meeting and conferring in advance.
The joint exhibit list will be filed no later than five (5) court days prior to the Final Pretrial Conference, and the parties are to meet and confer sufficiently in advance of the required filing deadline to prepare the joint exhibit list.
Civil cases
Page 6 | II. FINAL PRETRIAL CONFERENCE
Exhibit Conference with trial counsel is held 3:30 PM Friday before trial in Courtroom 8A unless otherwise ordered; exhibits submitted to CRD at conference.
AN EXHIBIT CONFERENCE REQUIRING THE ATTENDANCE OF TRIAL COUNSEL WILL BE HELD AT 3:30 P.M. ON THE FRIDAY BEFORE THE SCHEDULED TRIAL DATE IN COURTROOM 8A, UNLESS THE COURT ORDERS OTHERWISE. Exhibits are to be submitted to the CRD at the time of the Exhibit Conference.
Civil cases
Page 7 | III. TRIAL PREPARATION
Counsel must file (Proposed) Findings of Fact and Conclusions of Law after trial conclusion for matters requiring findings of fact/conclusions of law, unless otherwise ordered.
Notwithstanding Local Rule 52, for any matter requiring findings of fact and conclusions of law, unless otherwise expressly ordered by the Court, counsel will be required to file (Proposed) Findings of Fact and Conclusions of Law after the conclusion of the trial.
Civil cases
Page 8 | IV. ATTORNEY AND PARTY CONDUCT AT TRIAL
Joint Rule 26(f) Report must be filed no later than 14 calendar days before the scheduling conference.
the parties shall meet at least 21 days before the scheduling conference and file a Joint 26(f) Report (“Report”) no later than 14 days before the date set for the scheduling conference.
Page 2 | 1. Joint Rule 26(f) Report
Counsel must file a joint status report setting forth their proposal(s) no later than 60 days in advance of the claim construction hearing.
Counsel must file a joint status report setting forth their proposal(s) no later than 60 days in advance of the claim construction hearing.
Page 6 | Technology Tutorial
All state court documents must be refiled as a supplement to the notice of removal in removed cases.
All documents filed in state court, including documents appended to the complaint, answers, and motions, must be refiled in this Court as a supplement to the notice of removal. See 28 U.S.C. § 1447(b).
Page 2 | Cases Removed from State Court
Court will not rule on TRO/preliminary injunction applications until 24 hours after respondent is served, unless service is excused.
The Court will not rule on any application for such relief for at least twenty-four (24) hours after the party subject to the requested order has been served, unless service is excused. Such party may file opposing or responding papers in the interim.
Page 2 | Temporary Restraining Orders and Preliminary Injunctions
Doe defendants must be substituted within 90 days per Rule 4(m) or earlier scheduling order deadline; good cause required after that.
real parties in interest shall be identified and substituted for “Doe” defendants within the 90-day time limit set forth set forth in Rule 4(m). Where the Court issues a scheduling order that sets an earlier deadline for the filing of motions to add parties or amend pleadings, that deadline must be met. Plaintiffs seeking to substitute parties after the earlier of these two dates must establish good cause to do so. See Fed. R. Civ. P. 4(m).
Page 3 | Status of Fictitiously Named Defendants
Motions for review/reconsideration of discovery rulings must be filed within 14 days of the ruling.
Any party may move for review and reconsideration of a discovery ruling within fourteen days after such ruling. See Local Rule 72-2.
Page 3 | Discovery
Parties using form pleadings in removed actions must file compliant pleadings within 30 days of Notice of Removal.
If the complaint, answer, or any similar pleading in an action that is removed to this Court consists of only a form pleading in which boxes are checked, the party or parties utilizing the form pleading must file an appropriate pleading with this Court within thirty (30) days of the filing of the Notice of Removal. The new pleading must comply with the requirements of Federal Rules of Civil Procedure 7 through 11.
Page 3 | Cases Removed from State Court
Daubert motions must be filed within 7 days after the expert discovery cut-off date set in the Scheduling Order.
Unlike other motions in limine, Daubert motions are usually due to be filed within seven days after the expert discovery cut-off date set in the Scheduling Order.
Page 9 | Specific Motions
Motions in limine must be filed 28 days before the Final Pretrial Conference.
Motions in limine must be filed no later than twenty-eight (28) days in advance of the Final Pretrial Conference.
Civil cases
Page 3 | TRIAL PREPARATION
Special voir dire questions must be filed 5 court days before the Final Pretrial Conference.
At least five (5) court days before the Final Pretrial Conference, each counsel shall file with the Court any special questions requested to be put to prospective jurors on voir dire.
Civil cases
Page 4 | TRIAL PREPARATION
Jury instructions and verdict forms must be filed 5 court days before the Final Pretrial Conference.
In a jury trial, jury instructions and special verdict form(s) are to be filed no later than five (5) court days prior to the Final Pretrial Conference.
Civil cases
Page 5 | F
Joint exhibit list must be filed 5 court days before the Final Pretrial Conference, with meet-and-confer in advance.
The joint exhibit list will be filed no later than five (5) court days prior to the Final Pretrial Conference, and the parties are to meet and confer sufficiently in advance of the required filing deadline to prepare the joint exhibit list.
Civil cases
Page 6 | G
Exhibits must be submitted to the Courtroom Deputy Clerk at the Exhibit Conference.
Exhibits are to be submitted to the CRD at the time of the Exhibit Conference.
Civil cases
Page 7 | Exhibit Conference
such party must file and serve the information or evidence no later than two
such party must file and serve the information or evidence no later than two
Criminal cases
Page 6 | SENTENCING PROCEEDINGS
Service and Proof of Service Rules
Defense counsel must provide 5 copies of witness list (non-defendant witnesses) to CRD before starting defense case.
If defense counsel intends to call witnesses other than the defendant, five copies of defendant’s witness list shall be provided to the CRD prior to the start of defendant’s case.
Criminal cases
Page 5 | Defense Witness List and Exhibits
Defense counsel must affix completed exhibit tags to original exhibits, provide 1 copy to government counsel and 2 copies to CRD for each exhibit.
defense counsel is responsible for affixing completed exhibit tags to the original of each exhibit they intend to introduce during the trial, and for providing government counsel with one copy and the CRD with two copies of each exhibit.
Criminal cases
Page 5 | Defense Witness List and Exhibits
Counsel must serve special voir dire questions on opposing counsel at least 4 court days before trial.
At least four (4) court days prior to trial, each counsel shall file and serve on opposing counsel any special questions requested to be put to prospective jurors by the Court during voir dire.
Criminal cases
Page 5 | Voir Dire
Proof of service for sentencing position statements must include the assigned U.S. Probation Officer.
and the proof of service shall reflect service on the assigned United States Probation Officer.
Criminal cases
Page 7 | SENTENCING PROCEEDINGS
Filers must serve conformed copies of under-seal filings via email and e-file proof of service within 24 hours of receiving conformed copies.
The filer must promptly serve conformed copies of under-seal filings on the other party via email and must, within 24 hours of receiving the conformed copies, electronically file on the public docket proof of such service that includes the information set forth in Local Civil Rule 5-3.1.2.
Page 1 | Procedures for Filing Documents Under Seal in Criminal Cases Pending on Judge Staton’s Docket
Proposed Final Pretrial Conference Order must be emailed to the Court on the date lodged.
Counsel are directed to email to the Court a Microsoft Word version of the (Proposed) Final Pretrial Conference Order on the date it is lodged.
Civil cases
Page 3 | II. FINAL PRETRIAL CONFERENCE
Memoranda of Contentions of Fact and Law must be served 21 calendar days before Final Pretrial Conference.
The Memoranda of Contentions of Fact and Law will be served no later than twenty-one (21) calendar days before the Final Pretrial Conference.
Civil cases
Page 3 | II. FINAL PRETRIAL CONFERENCE
Counsel must email Microsoft Word versions of (Proposed) Findings of Fact and Conclusions of Law to chambers email address in addition to filing.
In addition to filing, counsel must email Microsoft Word versions of their (Proposed) Findings of Fact and Conclusions of Law to the chambers email address.
Civil cases
Page 8 | IV. ATTORNEY AND PARTY CONDUCT AT TRIAL
Plaintiff must file proof of service within 3 calendar days after serving the complaint or any amendment thereto.
If plaintiff has not already served the complaint (or any amendment thereto) on all defendants, plaintiff shall promptly do so and shall file proofs of service within three (3) days thereafter.
Page 1 | ORDER SETTING SCHEDULING CONFERENCE
Defendants must file proof of service within 3 calendar days after serving responsive pleadings.
Defendants also shall timely serve and file their responsive pleadings and file proofs of service within three days thereafter.
Page 1 | ORDER SETTING SCHEDULING CONFERENCE
Plaintiff must promptly serve complaint per FRCP 4, file proof of service, and show good cause to extend service beyond 90 days.
The plaintiff shall promptly serve the complaint in accordance with Rule 4 and file the proofs of service. Although Rule 4(m) allows 90 days for service of the summons and complaint, the Court expects service to be effectuated more promptly. The Court will require plaintiffs to show good cause to extend the service deadline beyond 90 days.
Page 2 | Service of the Complaint
Plaintiff’s counsel or pro se plaintiff must immediately serve this Order on all parties; removing defendants in removed cases must serve all other parties.
Plaintiff’s counsel or plaintiff (if appearing on his or her own behalf) shall immediately serve this Order on all parties, including any new parties to the action. If this case was removed from state court, the removing defendant(s) shall serve this Order on all other parties.
Page 9 | Notice of This Order
Memoranda of Contentions of Fact and Law must be served 21 calendar days before the Final Pretrial Conference.
The Memoranda of Contentions of Fact and Law will be served no later than twenty-one (21) calendar days before the Final Pretrial Conference.
Civil cases
Page 3 | FINAL PRETRIAL CONFERENCE
Government must provide defense counsel a copy of witness binders; witness binders are not provided to the jury.
a copy for defense counsel. The witness binders will not be provided to the jury.
Criminal cases
Page 5 | Government’s Witness List, Exhibit List, and Exhibits
Courtesy Copy Requirements
Government counsel must provide CRD with a separate exhibit binder per witness before the witness testifies.
Additionally, before each witness takes the stand, Government counsel shall provide the CRD with: d. A separate binder for each witness that contains only those exhibits the government expects to use when examining each witness.
Criminal cases
Page 4 | Government’s Witness List, Exhibit List, and Exhibits
Government counsel must provide CRD with 5 copies each of witness and exhibit lists by the first day of trial.
No later than the first day of trial, Government counsel shall provide the CRD with the following: a. Five copies of the government’s witness list; b. Five copies of the government’s exhibit list;
Criminal cases
Page 4 | Government’s Witness List, Exhibit List, and Exhibits
Government counsel must deliver tabbed exhibit binders (2 for court, 1 for defense) to CRD by the first day of trial.
c. Binders containing the government’s original exhibits, separated by divider tabs containing exhibit numbers. Specifically, counsel must deliver two sets for the Court (one for the bench and one for the witness stand (which will be submitted to the jury after trial)), and a set for defense counsel.
Criminal cases
Page 4 | Government’s Witness List, Exhibit List, and Exhibits
Mandatory chambers copies of discovery motion review filings must be delivered to both District and Magistrate Judges.
As to all filings related to motions for review and reconsideration of a discovery order, counsel shall deliver mandatory chambers copies to both the District Judge and the Magistrate Judge.
Page 3 | Discovery
Parties must prepare two sets of exhibit binders for the Court and one set for the opposing party.
The parties shall prepare two sets of exhibit binders for the Court, and another set of binders for the opposing party.
Civil cases
Page 7 | Exhibit Preparation
Parties must prepare individual witness binders for the Court, opposing party, and witness.
The parties must also prepare individual witness binders: One for the Court; one for the opposing party; and one for the witness.
Civil cases
Page 7 | Exhibit Preparation
No mandatory chambers copies or paper copies required for filing under seal.
Note: Notwithstanding Local Civil Rule 5-4.5 or any provision of Local Civil Rule 79-5, and in the absence of a case-specific order to the contrary, the Court does not require mandatory chambers copies in any case, nor does the Court require paper copies for filing under seal.
Civil cases
Paper copies and mandatory chambers copies of sealed documents and accompanying filings are not required unless a case-specific order directs otherwise.
Notwithstanding Local Criminal Rule 49-1.2(b)(3) and Local Civil Rule 5-4.5, and in the absence of a case-specific order to the contrary, the parties need not submit paper copies of any documents to be filed under seal (or of any accompanying applications and declarations). Mandatory chambers copies need not be provided.
Page 2 | PAPER COPIES AND MANDATORY CHAMBERS COPIES ARE NOT REQUIRED
Sealing & Redaction Procedures
Denied application requires public filing or document not considered.
If the Court DENIES the Application, the Filing Party must either: PREPARE and publicly E-FILE an unredacted, non-highlighted version, OR the Filing Party must UNDERSTAND that the document that was sought to be filed under seal will not be considered by the Court.
Civil cases
Page 3 | IF THE APPLICATION IS DENIED
Grant requires filing unredacted document under seal with specific label.
If Court GRANTS the Application, the Filing Party must PREPARE and E-FILE UNDER SEAL an unredacted, non-highlighted version of the document, properly labeled with “FILED UNDER SEAL PURSUANT TO ORDER OF COURT DATED _______”
Civil cases
Page 3 | IF APPLICATION IS GRANTED
Partial grant requires public filing of redacted version.
If the Court GRANTS IN PART AND DENIES IN PART the Application, the Filing Party must E-FILE a revised redacted version on the public docket that redacts only the material the Court has identified as subject to under seal protection.
Civil cases
Page 4 | IF THE APPLICATION IS GRANTED IN PART AND DENIED IN PART
In camera documents require special handling.
DOCUMENTS TO BE SUBMITTED IN CAMERA REQUIRE ADDITIONAL SPECIAL HANDLING.
Civil cases
Page 4 | IN CAMERA DOCUMENTS
Partial grant also requires filing unredacted document under seal.
The Filing Party must also PREPARE and E-FILE UNDER SEAL an unredacted, non-highlighted version of the document, properly labeled with “FILED UNDER SEAL PURSUANT TO ORDER OF COURT DATED _______”
Civil cases
Page 4 | IF THE APPLICATION IS GRANTED IN PART AND DENIED IN PART
Parties filing documents under seal in criminal cases must follow specified procedures, including avoiding overbroad sealing requests, e-filing a Notice of Manual Filing, emailing under-seal documents to CRD, and submitting two document versions for review.
Where possible, counsel (and pro se litigants) must avoid requesting the sealing of the application to seal, supporting declarations, and proposed order unless those documents also contain information that should be sealed. Overbroad requests to seal applications, declarations, and orders may be summarily denied. In all instances, the filer must first electronically file a Notice of Manual Filing on the public docket. All documents related to under-seal filings must then be emailed to the CRD at the email address that appears in the footer of this document. The application to seal and/or supporting declaration(s) must advise the Court whether the opposing party objects to proposed under-seal filing. Unless there is good cause for filing the entire document under seal, the filer must specifically identify those portions of the document that should be sealed. To do this, the filer must email two versions the document: (1) for the Court’s review, a version highlights in yellow those portions of the document that should be sealed, and (2) an unhighlighted version (for under seal filing). If the application to seal is DENIED, the CRD will delete the emailed PDF file(s). The CRD will not file any document(s) on the public docket. If the Court GRANTS the application to seal, the CRD will file the relevant document(s) under seal and will email conformed copies of the under-seal filings to the filer.
Page 1 | Procedures for Filing Documents Under Seal in Criminal Cases Pending on Judge Staton’s Docket
Civil cases seeking to file under seal must comply with Local Rule 79-5, with good cause required for non-dispositive and compelling reasons for dispositive motions.
Counsel are directed to consider carefully whether to seek leave to file documents under seal. The procedure for obtaining leave is lengthy. Applications must in all instances be supported by good cause, and at times are subjected to an even higher standard. Most of the time, documents may not be filed under seal in their entirety, and appropriately redacted documents must still be filed on the public docket. When seeking leave to file any material under seal in a civil case, the parties and counsel are directed to fully comply with all steps of the multi-step procedure set forth in Local Rule 79-5. The parties are directed to follow the instructions in the Guide to Electronically Filing Under-Seal Documents in Civil Cases which is attached in PDF format to Judge Staton’s Procedures web page. Counsel are reminded that there is a strong presumption that the public has a right of access to records in civil cases. For materials related to non-dispositive motions, the Designating Party must show good cause for the materials to be filed and maintained under seal. For materials related to dispositive motions, the standard is higher, and the Designating Party must articulate compelling reasons for maintaining the confidentiality of the document(s) and must seek relief that is narrowly tailored to the protected interest. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 667-79 (9th Cir. 2010).
Page 4 | Applications to Seal
Filing Bundling Requirements
Parties are encouraged to use tabs, tables of contents, headings, and indices to assist the Court in absorbing facts.
Court in absorbing the facts (e.g., generous use of tabs, tables of contents, headings, indices, etc.).
Page 7 | i. Statements of Uncontroverted Facts and Genuine Issues
Pre-Motion Conference Requirements
Supplemental briefs are prohibited unless prior leave of court is granted.
No supplemental briefs may be filed without prior leave of court.
Criminal cases
Page 2 | Limitations on Briefing
Counsel must confer at least 3 days before filing any criminal motion to resolve or narrow issues.
No fewer than three days prior to the filing of any criminal motion, counsel must confer to determine whether the parties are in agreement regarding the issue(s) to be presented to the Court, and to determine if the scope of issue(s) to be presented to the Court can be narrowed.
Criminal cases
Page 2 | Conference of counsel
Counsel must contact the CRD to clear hearing date and time for all motions scheduled before the pretrial status conference.
For all motions to be heard prior to the pretrial status conference, counsel shall contact the Courtroom Deputy Clerk (“CRD”) in advance to clear a date and time for the hearing.
Criminal cases
Page 3 | Hearing Date(s) for Pretrial Criminal Motions
Parties must consult with opposing counsel before filing any discovery motion.
Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain whether the requested discovery will be provided.
Criminal cases
Page 3 | Discovery Motions
Parties must meet and confer before filing a motion in limine.
The meet-and-confer requirement of Local Rule 7-3 applies. Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.
Civil cases
Page 4 | III. TRIAL PREPARATION
Supplemental briefs are prohibited unless prior leave of court is granted.
No supplemental briefs may be filed without prior leave of court.
Page 5 | Motions
Pre-filing conference required for all motions per Local Rule 7-3, applies to all parties including pro se.
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. Counsel should resolve minor procedural or other non-substantive matters during the conference. This provision applies even to self-represented parties; there is no exception to this rule for parties who appear pro se.
Page 5 | Motions
A party may file only one summary judgment motion in a case.
A party may file only one summary judgment motion in a case.
Page 6 | Specific Motions
Daubert motions must be noticed for hearing on the first available motions date at filing, or at the final pretrial conference if that date is after.
The parties shall notice Daubert motions for hearing on the first available motions date at the time of their filing, unless that date is after the final pretrial conference date, in which case the Daubert motions will be heard at the final pretrial conference.
Page 9 | Specific Motions
Parties must meet and confer before filing a motion in limine.
Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.
Civil cases
Page 4 | TRIAL PREPARATION
An exhibit conference requiring trial counsel attendance will be held at 3:30 p.m. on the Friday before trial in Courtroom 8A.
AN EXHIBIT CONFERENCE REQUIRING THE ATTENDANCE OF TRIAL COUNSEL WILL BE HELD AT 3:30 P.M. ON THE FRIDAY BEFORE THE SCHEDULED TRIAL DATE IN COURTROOM 8A, UNLESS THE COURT ORDERS OTHERWISE.
Civil cases
Page 7 | Exhibit Conference
Leave of court is required to file more than four motions in limine.
A party seeking to file more than four motions in limine must request leave of court to do so.
Civil cases
Page 4 | TRIAL PREPARATION
Adjournment & Extension Requirements
Filing Party must take action within 3 days of Court's ruling.
After issuance of the Court’s ruling, in most cases, the Filing Party MUST TAKE ACTION to make an appropriate filing, and must do so WITHIN THREE DAYS.
Civil cases
Page 3 | RECEIVE COURT'S RULING
Filing Party must give 3-day notice to Designating Party before filing under seal application.
Where the Filing Party differs from the Designating Party, the Filing Party must give notice to the Designating Party of the intent to seek leave to file a document under seal three days before filing the Application to do so.
Civil cases
Chambers Communication Rules
Parties must not communicate directly with the judge (by letter, phone, or otherwise) unless opposing counsel is present.
Pursuant to Local Rule 83-2.5, parties shall refrain from writing letters to the judge, making telephone calls to chambers, or otherwise communicating with the judge unless opposing counsel is present.
Page 3 | Communications with Chambers
Chambers email address for jury instruction submission is JLS_Chambers@cacd.uscourts.gov.
counsel must email all proposed instructions in Microsoft Word format to the Court at the following email address: JLS_Chambers@cacd.uscourts.gov.
Criminal cases
Page 6 | Jury Instructions and Verdict Forms
Counsel must email Microsoft Word versions of Proposed Findings of Fact and Conclusions of Law to chambers.
In addition to filing, counsel must email Microsoft Word versions of their (Proposed) Findings of Fact and Conclusions of Law to the chambers email address.
Civil cases
Page 8 | Findings of Fact and Conclusions of Law
Chambers email for all documents including proposed orders in MS Word format.
Chambers Email Address All Documents, Including the required submission of Proposed Orders in MS Word Format: jls_chambers@cacd.uscourts.gov
Civil cases
Page 4 | Chambers Email Address
Pro se parties may email the Clerk at JLS_Chambers@cacd.uscourts.gov for appropriate inquiries.
You may contact the Courtroom Deputy Clerk (“the Clerk”) by emailing JLS_Chambers@cacd.uscourts.gov, with appropriate inquiries.
Page 3 | Communications with Chambers
Chambers contact email address is jls_chambers@cacd.uscourts.gov.
jls_chambers@cacd.uscourts.gov
Criminal cases
Page 3 | footer
Chambers email address is jls_chambers@cacd.uscourts.gov.
jls_chambers@cacd.uscourts.gov
Civil cases
Page 3 | footer
JLS_Chambers@cacd.uscourts.gov is the email address for submitting electronic jury instruction files.
counsel must submit electronic versions (in Microsoft Word format) to the Court at the following email address: JLS_Chambers@cacd.uscourts.gov
Civil cases
Page 6 | II. FINAL PRETRIAL CONFERENCE
Chambers contact email address is jls_chambers@cacd.uscourts.gov, listed in the page footer.
www.cacd.uscourts.gov 3 jls_chambers@cacd.uscourts.gov
Page 3 | Joint Rule 26(f) Report
Chambers contact email address is jls_chambers@cacd.uscourts.gov.
jls_chambers@cacd.uscourts.gov
Page 5 | footer
Chambers email address is jls_chambers@cacd.uscourts.gov.
jls_chambers@cacd.uscourts.gov
Page 1 | Footer