Judge Patricia Donahue's rules set a pre-motion procedure for discovery. Informal discovery conference required before filing discovery motions, unless movant obtains ex parte leave of court.
Judge Patricia Donahue's rule states these limits: 2800 words; 2800 words; 2100 words. Motions in limine and oppositions limited to 2800 words; reply briefs limited to 2100 words.
Judge Patricia Donahue's rule states these limits: 1 pages. Joint statement of the case (jury trials only) limited to one page and must be filed 5 court days before Final Pretrial Conference.
Judge Patricia Donahue's formatting rule includes must be joint (filed by all parties together), must use the format provided below including columns for witness no., name, party calling, x-ex estimate, description of testimony, comment, date testified, must include full witness names in order of expected testimony, must include time estimates for direct, cross, redirect, and re-cross examination, must include description of each witness’ testimony, must note special considerations (e.g.
The rule identifies required filing content or certificates. Joint exhibit lists must contain information required by FRCP 26(a)(3)(A).
The rule identifies required filing content or certificates. Motions in limine must address only one item/category of evidence or witness, not compound.
Parties may contact Judge Patricia Donahue's chambers by email only as allowed by the rule. Counsel must immediately send settlement notifications to the Chambers email address.
Yes. Electronic filing is required for the covered filings. Counsel must submit proposed instructions to the chambers email address.
The rule addresses filing timing, filing status, or cure windows. Motions to add parties or amend pleadings must be noticed for hearing on or before the established cut-off date.
The rule addresses service method, recipient, or timing requirements. Written discovery must be served early enough to allow motions on deficient responses before the discovery cut-off date.
Motions to add parties or amend pleadings must be noticed for hearing on or before the established cut-off date.
Joint exhibit lists must contain information required by FRCP 26(a)(3)(A).
Fact and expert discovery cut-off dates require all discovery (including related motion hearings) to be completed by that date, not just discovery requests served.
Discovery motions challenging adequacy of responses must be filed, served, and calendared early enough to obtain responses before the discovery cut-off date if the motion is granted.
Informal discovery conference required before filing discovery motions, unless movant obtains ex parte leave of court.
Depositions must commence early enough to complete and allow filing of related motions before the discovery cut-off date.
Written discovery must be served early enough to allow motions on deficient responses before the discovery cut-off date.
Expert disclosures must be made in writing.
All motions (except in limine) must be heard on or before the court-established motion cut-off date.
Counsel must complete ADR proceedings by the deadline set by the Court.
Counsel must immediately send settlement notifications to the Chambers email address.
Parties in jury trial cases must notify the Court of any settlement by the Wednesday preceding the trial week.
Motions in limine and oppositions limited to 2800 words; reply briefs limited to 2100 words.
Motions in limine must be filed by the date established by the Court.
Oppositions to motions in limine must be filed by the date established by the Court.
Counsel must meet and confer per Local Rule 7-3 before filing motions in limine.
Parties must request leave to file more than four motions in limine.
Motions in limine must address only one item/category of evidence or witness, not compound.
Proposed Pretrial Conference Order must be filed 5 court days before Final Pretrial Conference and comply with Local Rules' format/content.
Proposed Pretrial Conference Order must comply with Local Rules' format and content requirements.
Joint statement of the case (jury trials only) limited to one page and must be filed 5 court days before Final Pretrial Conference.
Joint witness list must be filed 5 court days before Final Pretrial Conference.
Joint witness list must use provided format, include required details, be joint, and comply with Local Rule 16-5.
Counsel must file (Proposed) Findings of Fact and Conclusions of Law after trial, including citations to admitted evidence and relevant transcript excerpts if witness testimony is used.
Counsel must email Microsoft Word versions of (Proposed) Findings of Fact and Conclusions of Law to chambers at pdchambers@cacd.uscourts.gov.
Plaintiff must serve proposed jury instructions and verdict forms 14 days before Local Rule 16-2 meeting; defense must serve objections within 7 days, and all counsel must attempt to agree on instructions before/at the meeting.
Jury instructions must use Ninth Circuit model versions if applicable, modified with brackets filled and blanks completed; use California Jury Instructions if CA law applies, with alternatives only if reasoned argument provided.
Counsel must only provide jury instructions to be read after evidence submission or during trial, not the Court's introductory instructions.
Each requested jury instruction must cite authority, be full text, on separate page, numbered, cover one subject, no repetition, and submitted in order.
Proposed jury instructions and verdict forms must be filed 5 days before Final Pretrial Conference; non-compliant party's opponent must file unilateral set unless waiving jury trial, and disputed instructions must be filed in agreed/plaintiff-opposed/defendant-opposed order.