Judge Serena R. Murillo
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- 1 copy • Chambers Drop Off • Three Days Before Trial
CD Rom, DVD, USB Drive, External Electronic Filing
Courtesy copies
- 1 copy
- By 12pm Following Business Day
- Upon request
Exhibits, CD ROM, DVD, USB Drive, Other Case Filing, Other District Filing
- By Noon Following Business Day
Adjournments
- Continuance of the scheduling conference requires a showing of good cause.
- Continuance requests for pretrial/trial dates require motion/stipulation/application, signatures, good cause showing, prior continuance history, and other details.
- Sentencing hearings cannot be continued without a detailed, substantial showing of good cause.
- +6 more
Request must include
- scheduled trial date; (5) the estimated length of trial; (6) the number of continuances previously granted; (7) the parties’ trial readiness; (8) the estimated likelihood a future continuance will be requested; and (9) the likelihood the trial will proceed on the scheduled date. Counsel shall avoid submitting requests for continuance of trial less than one (1) week prior to the FPTC. A request to continue dates that have already expired constitutes a presumptive lack of due diligence. Requests extending dates set by the Court are not effective unless approved by the Court. The parties must first email the CRD to discuss available continuance dates prior to filing any motion, stipulation, or application requesting a continuance.
- 2 business days before the scheduled appearance. Counsel should try to agree on a new date to accommodate the calendar conflict. Counsel must propose a new date by Stipulation and Proposed Order.
- Stipulations to extend briefing schedule must be submitted to court 21 days prior to hearing date.
- Counsel must notify opposing counsel and CRD of calendar conflicts at least 3 calendar days before the scheduled appearance, propose a new date via Stipulation and Proposed Order, and may not file a Notice of Unavailability.
- Expert Discovery Cut-Off 19 weeks before FPTC
- Fact Discovery Cut-Off 24 weeks before FPTC (no later than deadline for filing dispositive motion)
- Last Date to Hear Motion to Amend Pleadings or Add Parties 6 weeks after [Wednesday] scheduling conference
- Last date to hear motions is 12 weeks before FPTC on Wednesday
- Court recommends timeline but allows alternate dates; last motion hearing no later than 8 weeks before first trial filing deadline
- Settlement conference must be completed 10 weeks before FPTC
Communication
Chambers, Clerk
Page & Word Limits11 rules
Pre-trial motion memoranda (support/opposition) limited to 7000 words, replies to 3000 words; exclusions for caption, TOC, TOA, etc. No supplemental brief without leave.
- Brief
- Up to 7,000 words
- Reply brief
- Up to 3,000 words
Excluded from word count
- •Caption
- •Table of contents
- •Table of authorities
- •Signature block
- •Certificates
Exception
More words with leave of court
Court's wording
Memoranda of points and authorities in support of or in opposition to motions (besides motions in limine) shall not exceed 7,000 words. Replies shall not exceed 3,000 words. These page counts include headings, footnotes, and quotations but exclude the caption, the table of contents, the table of authorities, the signature block, the certification required by L.R. 11-6.2, and any indices and exhibits. Only in rare instances and for good cause shown will the court grant an application to extend these word count limitations. No supplemental brief shall be filed without prior leave of court.
Motions in limine and oppositions must not exceed ten (10) pages in length.
- Motion
- Up to 10 pages
- Opposition
- Up to 10 pages
Separately represented parties limited to 25 pages for summary judgment briefs (excluding TOC/TOA), 10 pages for replies; extensions only for good cause.
Excluded from page count
- •Table of contents
- •Table of authorities
Court's wording
Each separately represented party shall be limited to twenty-five (25) pages, excluding tables of contents and authorities. Replies shall not exceed ten (10) pages. Only rarely and for good cause shown will the Court grant an application to extend these page limitations.
Reply memorandum may not exceed 10 pages.
- Reply brief
- Up to 10 pages
Court's wording
No later than seven (7) days after the Joint Brief is filed and no later than twenty- one (21) days before the scheduled hearing date, the moving party may separately file a reply memorandum of points and authorities, not exceeding ten (10) pages in length.
Motions in limine and oppositions must not exceed ten (10) pages in length.
- Motion in limine
- Up to 10 pages
- Opposition
- Up to 10 pages
The joint statement should be brief and neutral and must not be more than one page in length.
- Page limit
- Up to 1 page
Memoranda of points and authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 10 pages. Only rarely and for good cause shown will the Court grant an application to extend these page limitations.
be e-filed fourteen (14) calendar days before the Final Pretrial Conference and shall not exceed 10 pages.
- Page limit
- Up to 10 pages
Motions in limine and oppositions must not exceed ten (10) pages in length.
- Motion in limine
- Up to 10 pages
Joint Statement of Case (jury trials only) must be filed and emailed 14 days before FPTC, max 1 page.
- Joint statement of case
- Up to 1 page
Court's wording
The parties shall file and email to Chambers a Joint Statement of the Case fourteen (14) days before the FPTC for the Court to read to the prospective jurors before commencement of voir dire. The joint statement should be brief and neutral and must not be more than one page in length.
A short statement by each party, not to exceed two (2) pages, setting forth that party’s factual summary of the case, including the basis for any claims, counterclaims, or defenses.
- Statement of case
- Up to 2 pages per party
Document Format Requirements43 rules
All e-filed documents must be converted to searchable PDF with selectable, copyable text per Local Civil Rules 5-4.3 and 5-4.3.1.
- File type
Formatting
- •Text must be selectable, copyable, and pasteable directly from the document
Court's wording
Counsel must follow the Local Rules and General Orders concerning electronic filing, unless superseded by this Order. Counsel shall adhere to Local Civil Rule 5-4.3 with respect to the conversion of all documents to portable document format (PDF) so that when a document is e-filed, it is in the proper size and is PDF searchable. Further, all documents shall be filed in a format so that text can be selected, copied, and pasted directly from the document. See Local Civil Rule 5-4.3.1.
Times New Roman font must be at least 14 point; footnotes must match body font and size; typeface must comply with Local Civil Rule 11-3.1.1.
- Font
- Times New Roman
- Font size
- 14 points
Court's wording
Pursuant to Local Civil Rule 11-3.1.1, either a proportionally spaced or monospaced typeface may be used. Typeface shall comply with Local Civil Rule 11-3.1.1. Times New Roman font must be no less than fourteen (14) point. Footnotes shall be in the same font and the same size as the text in the body of the document.
Specified FPTC documents must be in Microsoft Word (DOCX) format.
- File type
- Word
- Trial memorandum
- Voir dire questions
- Witness list
- Exhibit list
- Glossary
Court's wording
No later than one (1) week before the FPTC, the government shall file and email the documents described below in Microsoft Word format to SRM_Chambers@cacd.uscourts.gov: • A trial memorandum; • Proposed voir dire questions, if any; • A witness list; • An exhibit list; • A joint case-specific glossary for the CRD;
Where appropriate, the disputed instructions shall be organized by subject, so that instructions that address the same or similar issues are presented sequentially.
- Jury instructions
Formatting
- •Disputed instructions must be organized by subject
Counsel should not leave blanks or inapplicable bracketed text in any instruction. It is counsel’s duty to conform the instructions to the case (e.g., inserting names of defendant(s) or witness(es) to whom the instruction applies and selecting the appropriate bracketed text, but not changing the standard language of the instruction). Where language appears in brackets in the model instruction, counsel must select the appropriate text and eliminate the inapplicable bracketed text.
- Jury instructions
Formatting
- •No blanks or inapplicable bracketed text
- •Insert case-specific names (defendants, witnesses) in brackets
Clean jury instruction set must be in Word format, only instruction text, full on each page, captioned as Instruction No. ___.
- File type
- Word
- Jury instructions
Formatting
- •Caption must be 'Instruction No. '
- •Eliminate title, source, supporting authority, etc.
Court's wording
Counsel shall submit to the Chambers email SRM_Chambers@cacd.uscourts.gov a “clean” set of all instructions in Word format that will be given to the jury, containing only the text of each instruction, set forth in full on each page, with the caption “Instruction No. ___” (eliminating the title and source of the instruction, supporting authority, etc.).
In trials where the defense expects to admit more than ten (10) exhibits, defense counsel shall provide three exhibit binders, as described below. If possible, the exhibits are to be tabbed with numbers to correspond to the exhibits counsel expects to introduce.
- Binding
- Binder
- Defense trial exhibit
Formatting
- •Required if admitting more than 10 exhibits
- •Exhibits should be tabbed by number corresponding to expected introduction
Defense counsel is responsible for affixing completed exhibit tags with the case name and case number to all exhibits to be used in defendant’s case.
Contraband exhibits must stay in law enforcement custody; US Marshals must be advised in advance; placeholder page required in exhibit binder.
- Contraband exhibit
Formatting
- •Placeholder page with exhibit nature and number required in exhibit binder
Court's wording
Exhibits such as firearms, narcotics, etc., must remain in the custody of a law enforcement agent during the pendency of the trial. It shall be the responsibility of the agent to produce any such items for the Court, secure them at night, and guard them at all times while in the courtroom. The United States Marshals Service shall be advised well in advance if a weapon or contraband is to be brought into the courthouse. A placeholder page listing the nature of the exhibit (i.e., firearm, methamphetamine, etc.) and exhibit number shall be placed in the exhibit binder.
All trial exhibits must be submitted in three three-ring binders (1 original, 2 copies); parties must review with CRD before jury use.
- Binding
- Three-ring binder
- Trial exhibit
Court's wording
Trial exhibits containing documents and photographs must be submitted to the Court in three-ring binders. The parties must submit to the court three binders: (1) one binder containing the original set of trial exhibits; and (2) two binders containing copies of the trial exhibits. The original set of exhibits will be used by the jury during its deliberations, and the copies are for the Court. The parties must prepare additional copies of exhibits for their own use and for use by witnesses. The parties must review the exhibit list and exhibit binders with the CRD before the admitted exhibits will be given to the jury.
Original exhibits must have official color-coded tags (yellow gov, blue defendant) on front upper right; copy exhibits must have tag copies and be indexed.
Court's wording
The original exhibits shall bear the official exhibit tags (yellow tags for government’s exhibits and blue tags for defendant’s exhibits) affixed to the front upper right-hand corner of the exhibit, with the case number, case name, and exhibit number stated on each tag. The parties may print their own exhibit tags using Forms G-14A and G-14B on the “Court Forms” section of the Central District of California’s website. The copies of exhibits must bear copies of the official exhibit tags that were placed on the original exhibits and be indexed with tabs or dividers on the right side.
Trial exhibits must be indexed by number with right-side tabs, sequentially numbered, multi-page exhibits page-numbered, binder spines labeled with case details.
- Trial exhibit
Formatting
- •Exhibits numbered sequentially 1,2,3 etc. (no sub-numbering like 1.1)
Court's wording
All exhibits placed in three-ring binders must be indexed by exhibit number with tabs or dividers on the right side. Exhibits shall be numbered sequentially 1, 2, 3, etc., not 1.1, 1.2, etc. See Local Civil Rule 16-6. Every page of a multi-page exhibit must be numbered. Defendant’s exhibit numbers shall not duplicate Plaintiff’s numbers. The spine of each binder shall indicate the name of the case, case number, exhibit volume number, and the range of exhibit numbers included in the volume.
Sentencing videos are only permitted with leave of court and good cause, must be under 10 minutes, include a transcript, and be provided to opposing counsel 21 days before hearing.
- Sentencing video
Formatting
- •Require leave of court and showing of good cause to submit
- •Limit to less than 10 minutes
- •Create a transcript
- •Justify submission
Court's wording
Absent leave of Court and based upon a showing of good cause, the Court does not permit the submission or playing of sentencing videos. Before considering any sentencing video, the Court requires counsel to justify its submission, limit the video to less than ten (10) minutes, create a transcript, and provide the video and transcript to opposing counsel at least twenty-one (21) days before the hearing.
Briefs must use Times New Roman font at least 14 point; footnotes same font/size, max 8 footnotes total per party.
- Font
- Times New Roman
- Font size
- At least 14 points
- Brief
- Reply brief
Court's wording
Pursuant to Local Rule 11-3.1.1, either a proportionally spaced or monospaced face may be used. Times New Roman font must be no less than 14 point. Footnotes shall be in the same font and the same size as the body of the memorandum. Each party is limited to using of a total of eight (8) footnotes.
JAF must be a four-column table with specific content requirements for each column.
- Joint appendix of facts
Formatting
- •Column 4: Opposing party's response (text cuts off)
Court's wording
The Joint Brief shall be accompanied by a single statement of undisputed and disputed facts contained in a Joint Appendix of Facts (JAF) presented in a table format. 1. Table Format. The JAF table shall contain four columns. (a) Column No. 1. The first (far left) column shall contain the number of the fact alleged to be undisputed. All asserted undisputed facts shall be sequentially numbered and divided into sections according to the element of proof to which the facts relate. (b) Column No. 2. The second column shall contain a plain statement of the fact. Facts shall not be compound (e.g., Mike and Jane signed a contract, and Jane mailed the contract in May 2017). Each fact must be stated separately in its own row, as shown below. Neither legal arguments nor conclusions constitute facts. Facts shall not be repeated if they relate to multiple claims for multiple elements of proof. The first reference to a fact in the Joint Appendix of Facts shall serve and—through incorporation by reference—can be cited to support all subsequent claims (e.g., “See JAF 1–5”). (c) Column No. 3. The third column shall contain a citation to admissible evidence that supports the proffered fact; the evidence cited must be included in the Joint Appendix of Evidence. If citing to a specific page contained within an exhibit, refer to the page number. If citing to statements contained within a deposition transcript, refer to the page number and line number. If citing to an excerpt of an audio recording or video footage, refer to the timestamp. If citing to multiple sources, each should be separated by semicolons. (d) Column No. 4. The fourth column shall contain the opposing party’s
a separate, tabbed appendix of all evidence in support of or opposition to the MSJ,
- JAE
Formatting
- •Separate appendix
JAE must be filed as a single combined PDF unless file size constraints require multiple PDFs, which must be titled by part and exhibit series.
- File type
Court's wording
The JAE shall include a table of contents and be filed as a single, combined PDF; more than one PDF may be filed if file-size constraints preclude filing the JAE as a single PDF. In the event multiple PDFs are necessary to file the JAE, each file shall be titled by part and exhibit series (e.g., JAE Part 1, Exhibits 1–50).
evidentiary objections, if any, shall be made in a single, separate document presented in a four-column table as follows: Objector Evidence Objection (O) / Response (R) Ruling
Each exhibit within the JAE must be bookmarked; the bookmark should include the exhibit number and a brief description of the exhibit (e.g., Ex. 1 – Jones Depo. Excerpts).
All emailed submissions to Chambers referred to in this Order must be in Word format and emailed to SRM_Chambers@cacd.uscourts.gov.
- File type
- Word
Exhibit binders must be formatted with tabs, sequential numbering, page numbering, spine labels, and official exhibit tags with specific colors and information.
- Binding
- Three-ring binder
- Trial exhibits
Formatting
- •Every page of multi-page exhibit numbered
Court's wording
All exhibits placed in three-ring binders must be indexed by exhibit number with tabs or dividers on the right side. All exhibit tabs are to be stapled to the first page of the exhibit. Exhibits shall be numbered sequentially 1, 2, 3, etc., not 1.1, 1.2, etc. See Local Rule 16-6. Every page of a multi-page exhibit must be numbered. Defendant’s exhibit numbers shall not duplicate Plaintiff’s numbers. The spine of each binder shall indicate the volume number and the range of exhibit numbers included in the volume. The original exhibits shall bear the official exhibit tags (yellow tags for Plaintiff’s exhibits, blue tags for Defendant’s exhibits, and green tags for joint exhibits) affixed to the front upper right-hand corner of the exhibit, with the case number, case name, and exhibit number stated on each tag. Tags may be obtained from the Clerk’s Office, or the parties may print their own exhibit tags using Forms G-14A and G-14B on the “Court Forms” section of the Central District of California’s website. For electronic exhibits, the parties should provide a physical caption page with the exhibit tag and attach the physical flash drive or CD containing the electronic exhibits. If there are voluminous electronic exhibits, the parties should raise the issue with the Court at the Final Pretrial Conference. The copies of exhibits must bear copies of the official exhibit tags that were placed on the original exhibits and be indexed with tabs or dividers on the right side. For electronic exhibits, the copies should not include any physical flash drives or CDs.
USB flash drive must have separate folders for plaintiff and defendant exhibits, and file names must include exhibit number and brief description.
Court's wording
Plaintiff’s exhibits must be placed in a separate folder from Defendant’s exhibits, and the document file names must include the exhibit number and a brief description of the document (e.g., “Ex. 1 – Smith Declaration.pdf” or “Ex. 105 –Letter Dated 1-5-20.pdf”).
E-filed items not requiring court signature and proposed orders must be text-searchable PDF format.
- File type
- All filings
- Proposed order
Formatting
- •Text searchable
Court's wording
Items that do not require the Court’s signature shall be e-filed in text searchable portable document format (PDF). Proposed orders shall be e-filed in text searchable PDF format as an attachment to the main documents.
Use the “Proposed Order” template located on the Court’s website under “Orders & Additional Documents” at the bottom of the webpage. (https://www.cacd.uscourts.gov/honorable-serena-r-murillo). Failure to do so may result in the striking of the request. Proposed orders must be on pleading paper. Proposed orders should NOT contain any of the following: (1) attorney names, addresses, etc. on the caption page; (2) a footer with the document name or other information; (3) a watermark or designation of the firm name. Proposed orders should be formatted in the same fashion as motions. See infra paragraph G.4.
- Proposed order
Formatting
- •No attorney names/addresses on caption page
- •No footer with document name or other information
- •No watermark or firm name designation
- •Formatted same as motions
Where applicable, any exhibits or declarations attached to chambers copies must be tabbed. Mandatory Chambers Copies need NOT be blue backed.
Chambers copy exhibits must be tabbed; evidence over 50 pages requires table of contents and tabbed binder with three-hole punched documents.
- Binding
- Tabbed binder
- Chambers copy
Court's wording
If chambers copies are ordered, all exhibits should be separated by a tab divider on the right or bottom of the document. If the evidence exceeds 50 pages, the Chambers Copy must (1) include a table of contents and (2) be in a tabbed binder with each exhibit separated by a tab divider on the right or the bottom. All documents in the binder must be three-hole punched, preferably with a larger hole size (13/32”) rather
Chambers copies must be printed from CM/ECF with CM/ECF headers on each page and NEF as last page, and not left in envelopes or folders.
- File type
- Paper
- Chambers copy
Formatting
- •Printed from CM/ECF
- •NEF as last page of document
Court's wording
“Chambers copies must be printed from CM/ECF and must include: (1) the CM/ECF-generated header (consisting of the case number, document control number, date of filing, page number, etc.) at the top of each page; and (2) the NEF [notice of electronic filing] (see L.R. 5-3.2.1) as the last page of the document.” Local Rule 5-4.5 (emphasis added). For security reasons, do not leave chambers copies in envelopes or folders.
Chambers copy evidence over 200 pages must be in a Slant D-Ring binder (max 4 inches) with cover sheet and spine label including case details.
- More than 200 pages
- Binding
- Three-ring binder
Formatting
- •Slant D-Ring binder
- •Binder no larger than 4 inches
- •Cover sheet required
- •Spine label with case name, case number, and content description
Court's wording
200 pages, the table of contents and evidence must be placed in a Slant D-Ring binder. Binders should be no larger than 4 inches. Binders must have both a cover sheet and a spine label that includes the case name, case number, and a description of the contents.
Pursuant to Local Rule 11-3.1.1, either a proportionally spaced or monospaced face may be used. Typeface shall comply with Local Rule 11-3.1.1. Times New Roman font must be no less than 14 point. Footnotes shall be in the same font and the same size as the body of the memorandum.
- Font
- Times New Roman
- Font size
- At least 14 points
- Brief
- Opposition
- Reply brief
Formatting
- •Either proportionally spaced or monospaced typeface permitted per Local Rule 11-3.1.1
Document Filing Requirements141 rules
The parties must submit a completed copy of the attached Schedule of Pretrial and Trial Dates Worksheet (“Worksheet”) with their Joint Rule 26(f) Report.
Parties in putative class actions must use the Class Action Worksheet and provide a proposed briefing schedule.
Court's wording
If the action is a putative class action, the parties are to use the Class Action Worksheet found on the Court’s website and provide a proposed briefing schedule for the motion for class certification.
Trade secret claimants must serve and file a detailed identification statement with a numbered list, background, and description of secrecy efforts.
Court's wording
A party asserting a claim for trade secrets must both serve upon the opposing party and file (under seal if appropriate) a trade secret identification statement that includes: (1) a numbered list of each trade secret at issue, including a summary each of trade secret, and specific elements that define each trade secret (and if appropriate, elements that distinguish the claimed trade secret from similar and more broadly known technologies); (2) the background of the trade secret and a description of how each secret has derived independent, actual or potential economic value by virtue of not being generally known to the public; and (3) a description of how each secret has been the subject of reasonable efforts to maintain its secrecy.
Proposed orders shall have an alternative signature line in case the application to seal is denied.
If the title of your document contains confidential information that should not be reflected on the public docket, you should submit your document with a COVER SHEET that uses a generic title like “SEALED APPLICATION,” “SEALED MOTION,” “SEALED PROPOSED ORDER,” OR “SEALED DOCUMENT” rather than the actual title of your document. Docket entries for documents filed under seal in criminal cases, if submitted with such a cover sheet, will include only the generic title.
Every filing's caption must include first-listed defendant's name, applicable defendants' names/numbers, relevant registration numbers, and key case milestone dates.
- Document
- Filing
- Placement
- Caption
Court's wording
The captioned title of every filing shall contain: (a) the name of the first-listed defendant as well as the name(s) and number(s) (in the order listed in the Indictment) of the particular defendant(s) to whom the filing applies, unless the document applies to all defendants; (b) the individual defendant’s registration number when applicable to the relief requested (e.g., requests for transfer, medical requests); and (c) the milestone dates for Indictment, Final Pretrial Conference (“FPTC”), Trial, and Last Day of the speedy trial period.
The cover page of any document filed under seal or in camera should identify the case title by the first-listed defendant and case number only and should state that the document is being filed under seal or in camera.
- Document
- Sealed or in camera document
- Placement
- First page
Each declaration, exhibit, or other attachment accompanying a document must be filed as a separately docketed attachment to the main docket entry with a clear description (e.g., Dkt. 29-1, Smith Decl.; Dkt. 29-2, Ex. 1: License Agreement).
Proposed orders must state relief sought, affected defendants, and rationale; no attorney info, non-pagination footer content, watermarks, or firm designations; must use court-origin format.
- Document
- Proposed order
- Placement
- Caption
Court's wording
Proposed orders must state the relief sought, the defendant(s) affected, and, when relevant, the supporting rationale and authority, and must be submitted in a form that would originate from the Court. Do not include: (a) any attorney information on the caption page; (b) any information in the footer (except pagination); or (c) any watermark or firm designation anywhere. A template for proposed orders is available on Judge Murillo’s webpage.
Discovery motions must include meet and confer compliance, request details, basis, prior request status, and opposing counsel response.
Court's wording
All discovery motions shall state whether the meet and confer requirement has been satisfied and state with particularity what is requested, the basis for the request, whether the discovery at issue has been requested, and opposing counsel’s response to such request.
Continuance requests must be filed as motion, stipulation, or application and signed by required parties.
Court's wording
Requests for continuances of pretrial and trial dates must be made by motion, stipulation, or application. All requests must be signed by both the defendant(s), an interpreter when required, and counsel.
Ex parte applications must comply with Local Civil Rules 7-19 and 7-19.1, include opposing counsel's position, and are only for extraordinary relief; non-compliance results in rejection except good cause.
- Document
- Ex parte application
Must include
- •Statement of opposing counsel's position
Court's wording
Ex parte applications are disfavored. Counsel are reminded that ex parte applications are solely for extraordinary relief. Applications that do not meet the requirements set forth in Local Civil Rule 7-19 will not be considered. Sanctions may be imposed for misuse of ex parte applications. See Mission Power Eng’g Co. v. Cont’l Cas. Co., 883 F. Supp. 488 (C.D. Cal. 1995). Ex parte applications that fail to conform to Local Civil Rules 7-19 and 7-19.1, including a statement of opposing counsel’s position, will not be considered except upon a specific showing of good cause. The moving party must support the application
Supervision-related ex parte applications must include U.S. Probation position and proposed conditions.
Court's wording
When requesting supervision-related relief (e.g., a travel or transfer request), the applicant must obtain the position of the U.S. Probation & Pretrial Services and any proposed conditions and set forth this information in the application.
Applications by defendants with appointed counsel must indicate who will pay for the travel and related expenses. If these expenses are not to be paid by the defendant’s employer, the court may require declarations under penalty of perjury from the person paying the expenses.
Government trial memoranda must include specified factual, charge, time estimate, and legal content, with meet and confer to confirm party agreement.
Court's wording
The government’s trial memorandum shall set forth: (1) a factual summary of the government’s case-in-chief; (2) a statement of the charges and the elements of each charge; (3) a time estimate of the length of the government’s case-in-chief, including anticipated cross-examination; and (4) a discussion of relevant legal and evidentiary issues as applied to the facts of the particular case. After a meet and confer, the government shall specify whether the parties agree or disagree on matters (1) through (4).
Witness lists must identify all potential witnesses using full names—including middle names and the year of birth for common names—and must be in the format specified in Local Civil Rule 16-5. If the defense objects to identifying a potential witness (not already on the government’s list), the objection must be raised at the FPTC. For each witness, the list must include: (1) a brief description of the testimony; (2) the reasons the testimony is unique and not redundant; and (3) a time estimate in hours for direct and cross-examination. The parties should use the template posted on Judge Murillo’s webpage.
Exhibit Lists must be in the format specified in Local Civil Rule 16-6 and shall include an additional column stating any objections to authenticity and/or admissibility and the reasons for the objections. The parties should use the template posted on Judge Murillo’s webpage.
Jury instructions must use Ninth Circuit Model Criminal Jury Instructions or O’Malley et al., be numbered, full text on separate page, with source citation.
Court's wording
The parties must use the current edition of the Ninth Circuit’s Manual of Model Criminal Jury Instructions for all available instructions and otherwise the current edition of O’Malley, Grenig & Lee, Federal Jury Practice and Instructions. A party may submit alternatives to instructions in these two sets only if counsel has a reasoned argument that those instructions are incomplete or inaccurate. Each requested instruction shall be numbered and set forth in full on a separate page, citing the authority or source of the requested instruction. The Court seldom gives instructions derived solely from case law.
Parties must meet and confer to produce joint jury instructions; disputed instructions require separate objection and response sections.
Court's wording
The parties must meet and confer to generate and provide joint instructions. For any disputed instruction, the opponent shall state on a separate page following the disputed instruction: (1) the basis for the objection; (2) authority supporting the objection; and (3) an alternative instruction (if applicable). On the following page, the proponent shall briefly respond to the objection with supporting authority.
Parties must jointly provide a case-specific glossary including technical terms, names, slang, and other case-specific terminology for the court reporter.
Court's wording
The parties must provide a joint case-specific glossary for the court reporter that includes applicable medical, scientific, or technical terms, gang terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/agents/departments/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.
Proposed jury instructions must include an index with specified details, listed in order of presentation, noting when each will be read.
Court's wording
All proposed jury instructions must have an index that includes the following for each instruction, as illustrated in the example below: • the number of the instruction; • the title of the instruction; • the source of the instruction and any relevant case citations; and • the page number of the instruction. Counsel also shall list the instructions in the order they will be given and indicate whether the instruction shall be read before opening statements, during trial, or before closing arguments.
Objectors to disputed jury instructions must provide basis, authority, and alternative; proponents must respond with supporting authority.
Court's wording
the disputed instruction: (1) the basis for the objection; (2) authority supporting the objection; and (3) an alternative instruction (if applicable). On the following page, the proponent shall briefly respond to the objection with supporting authority.
If parties cannot agree on verdict form, they must file and email a Competing Verdict Forms document with specified contents.
Court's wording
If the parties are unable to agree on a verdict form, the parties shall file and email to Chambers one document titled “Competing Verdict Forms” which shall include: (1) the parties’ respective proposed verdict form; (2) a redline of any disputed language; and (3) the factual or legal basis for each party’s respective position.
Government must deliver 3 copies of indictment, witness list, exhibit list, and 3 trial exhibit binders to CRD on first day of trial.
- Document
- Government trial materials
Must include
- •Exhibit list
Court's wording
The government must present the following materials to the CRD on the first day of trial: Three (3) copies of the indictment/information; Three (3) copies of the government’s witness list; Three (3) copies of the government’s exhibit list; and The three binders described below, with one (1) original set of trial exhibits for the jury and two (2) copies of trial exhibits for the Court.
The transcripts shall use the original exhibit number of the audio recording followed by an “A” for identification purposes.
The Joint Brief should contain the following: (1) a table of contents; (2) a table of authorities; (3) an optional brief introduction section stated jointly or, if stated separately by each party, stated under an appropriate subheading identifying the party (e.g., “ACME Co.’s Introduction” or “Defendant’s Introduction”); (4) a statement of facts section stated jointly or, if stated separately by each party, stated under an appropriate subheading identifying the party (e.g., “ACME Co.’s Statement of Facts” or “Defendant’s Statement of Facts”) (5) an analysis or argument section that sets forth the summary judgment standard, followed by arguments organized by issue that present the parties’ competing positions on an issue-by-issue basis. For each issue, the moving party shall present legal argument, citation to authority where applicable, and citation to the Joint Appendix of Facts, see below, followed immediately by the opposing party’s response that similarly
- Document
- Joint brief
Must include
- •Table of contents
- •Table of authorities
- •Legal argument
- •Statement of facts
The moving party may not use this filing to supplement the Joint Appendix of Facts or the Joint Appendix of Evidence in any way.
The Joint Brief shall be accompanied by a Notice of Motion and Motion for Summary Judgment and shall be calendared pursuant to the Local Rules on an available date within the motion hearing cutoff.
Moving party may not revise Joint Brief or appendices after receiving integrated motion except to note disputed/undisputed facts in JAF.
Court's wording
After receiving the integrated version of the motion and related papers, the moving party shall finalize it for filing without making any further revisions to the Joint Brief and appendices, except to note in the Joint Appendix of Facts (in the format described in the instructions below) whether any facts added by the opposing party are disputed or undisputed.
The Joint Brief shall be accompanied by a single statement of undisputed and disputed facts contained in a Joint Appendix of Facts (JAF) presented in a table format.
Filing & Service rules
Electronic Filing Rules
When filing a sealed motion, the document upload screen must turn red to confirm the filing will be under seal; if it does not turn red, stop and restart the docketing process.
This is where you will upload your PDF documents. This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Motion again.
Civil cases · Court notice
Page 26 | SEALED CIVIL DOCUMENTS
This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Opposition again.
This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Opposition again.
Civil cases · Court notice
Page 33 | SEALED CIVIL DOCUMENTS
A sealed opposition must be linked to an order granting leave to file under seal; if no such order exists, docketing cannot continue.
The Sealed Opposition you are filing must also be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case.
Civil cases · Court notice
Page 34 | SEALED CIVIL DOCUMENTS
Sealed documents are not accessible through the NEF and are restricted from viewing.
while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing.
Civil cases · Court notice
Page 42 | SEALED CIVIL DOCUMENTS
For requests to seal application/order/documents, electronically file a notice of manual filing.
Electronically file a NOTICE OF MANUAL FILING indicating that an application to seal, declaration giving notice or a proof of service, proposed order sealing, and under seal documents have been submitted to the court.
Criminal cases
Page 1 | REQUEST TO SEAL THE APPLICATION, ORDER, AND DOCUMENT(S)
For requests to seal only documents (not application/order), electronically file the application/declaration and attach the proposed order.
Electronically file the application to seal and/or declaration giving notice or proof of service. During the electronic filing process, attach the proposed order to the application (standard procedure for filing any application with a proposed order).
Criminal cases
Page 1 | REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND ORDER
All documents must be filed electronically except sealed/in camera filings, with docket entries clearly identifying applicable defendant(s); items must be docketed only for relevant defendants.
All parties shall docket items only as to the particular defendant(s) to whom the item pertains, rather than all defendants, unless the item pertains to all. Except for documents filed under seal or in camera, every document shall be filed electronically so that it is clear from the docketing entry to which defendant(s) it applies.
Page 2 | A. GENERAL REQUIREMENTS
Counsel must comply with Local Rules for electronic filing, convert all documents to searchable PDF, and ensure text is selectable/copyable.
Counsel must follow the Local Rules and General Orders concerning electronic filing, unless superseded by this Order. Counsel shall adhere to Local Civil Rule 5-4.3 with respect to the conversion of all documents to portable document format (PDF) so that when a document is e-filed, it is in the proper size and is PDF searchable. Further, all documents shall be filed in a format so that text can be selected, copied, and pasted directly from the document. See Local Civil Rule 5-4.3.1.
Page 3 | GENERAL REQUIREMENTS
Government must email specified FPTC documents to chambers in Microsoft Word format.
No later than one (1) week before the FPTC, the government shall file and email the documents described below in Microsoft Word format to SRM_Chambers@cacd.uscourts.gov: • A trial memorandum; • Proposed voir dire questions, if any; • A witness list; • An exhibit list; • A joint case-specific glossary for the CRD;
Page 10 | C. FINAL PRETRIAL CONFERENCE (FPTC)
All pretrial documents listed above, including any amended documents, shall be filed and emailed in Word version to SRM_Chambers@cacd.uscourts.gov the day they are due.
All pretrial documents listed above, including any amended documents, shall be filed and emailed in Word version to SRM_Chambers@cacd.uscourts.gov the day they are due.
Page 5 | A. Schedule and Deadlines
Zoom appearance requests must be filed electronically.
Requests to appear via Zoom must be e-filed by the Friday before the hearing and must indicate that counsel has met and conferred per Local Rule 7-3.
Civil cases
Page 1 | Note 2
Counsel must electronically file all filings; non-signature items and proposed orders must be text-searchable PDF, with proposed orders attached to main documents.
Pursuant to Federal Rule of Civil Procedure 5(d)(3), Local Rule 5-4, and General Order 10-07, counsel shall electronically file (“e-file”) all filings. Items that do not require the Court’s signature shall be e-filed in text searchable portable document format (PDF). Proposed orders shall be e-filed in text searchable PDF format as an attachment to the main documents.
Page 5 | III. FILING REQUIREMENTS A. Electronic Filing
Pro se litigants may e-file via Court’s EDSS portal in PDF format instead of paper filing.
Pro Se Litigants may submit documents for filing through the Court’s Electronic Document Submission System (EDSS) instead of mailing or bringing documents to the Clerk’s Office. Only internet access and an email address are required. Documents are submitted in PDF format through an online portal on the Court’s website. To access EDSS and for additional information, visit the Court’s website at https://apps.cacd.uscourts.gov/edss.
Page 5 | III. FILING REQUIREMENTS A. Electronic Filing
Motions in limine must be e-filed 28 calendar days before the Final Pretrial Conference.
Motions in limine are heard at the date and time of the Final Pretrial Conference and shall be e-filed twenty-eight (28) calendar days before the Final Pretrial Conference.
Page 15 | D. Motions In Limine
Motions for attorneys’ fees must be electronically filed per Local Rule 6-1 and this Order.
Motions for attorneys’ fees shall be electronically filed and set for hearing according to Local Rule 6-1 and this Order.
Page 16 | H. Motions for Attorneys’ Fees
Fee tables must be attached to the motion and electronically filed.
All tables shall be attached to the motion and electronically filed.
Page 17
No hearing is required for the Application for Leave to File Under Seal, so do not set a hearing date.
Please note the warning message on the next screen: NO HEARING is required for this application, so DO NOT set a hearing date.
Civil cases · Court notice
Page 10 | APPLICATION FOR LEAVE TO FILE UNDER SEAL: SCREEN-BY-SCREEN INSTRUCTIONS
When amending an existing Application for Leave to File Under Seal, use the "Amendment (Motion related)" event to avoid creating a duplicate motion on the Judge's calendar.
If you are amending an existing Application for Leave to File Under Seal, please use the "Amendment (Motion related)" event located under "Responses, Replies and Other Motion Related Documents" on the main Civil Events Screen. If you use the "Leave to File Document Under Seal" event to file an amended version of an Application already on file, the system will create an unnecessary duplicate motion on the Judge's calendar.
Civil cases · Court notice
Page 10 | APPLICATION FOR LEAVE TO FILE UNDER SEAL: SCREEN-BY-SCREEN INSTRUCTIONS
A sealed opposition must be linked to the motion or motions to which it relates during the e-filing process.
As noted in the message on the next screen, you will need to link this Sealed Opposition to the motion or motions to which it relates.
Civil cases · Court notice
Page 34 | SEALED CIVIL DOCUMENTS
Filing Timing and Cure Windows
Joint Rule 26(f) Report must be filed within 7 days after meeting and at least 14 days before Scheduling Conference.
The Joint Rule 26(f) Report must be filed no later than seven (7) days after the meeting of counsel and fourteen (14) days before the Scheduling Conference.
Page 2
the motion must be filed no later than one-hundred-twenty (120) days from the date originally set for the Scheduling Conference, unless the Court orders otherwise.
the motion must be filed no later than one-hundred-twenty (120) days from the date originally set for the Scheduling Conference, unless the Court orders otherwise.
Page 6 | S. Class Actions
The schedule must provide for at least twenty-one (21) days between the filing of the reply and the hearing and should include a discovery cut-off date in advance of the date for filing of the motion.
The schedule must provide for at least twenty-one (21) days between the filing of the reply and the hearing and should include a discovery cut-off date in advance of the date for filing of the motion.
Page 6 | S. Class Actions
Trade secret identification statements must be filed and served within 60 days of the order.
The identification must be filed and served within 60 days from the date of this order.
Page 8 | II. Trade Secret Cases
The last date to hear motions must be no later than eight weeks before the first-round trial filings deadline.
But in every case, the last date to hear motions shall be no later than eight (8) weeks before the deadline for Trial Filings (First Round), and the deadline for Trial Filings (First Round) and Trial Filings (Second Round) must be no later than four (4) and two (2) weeks before the FPTC, respectively.
Page 10 | footnote 3
Ex parte oppositions must be filed within 24 hours of service of the ex parte application.
any opposition must be filed no later than twenty-four (24) hours following service.
Page 9 | EX PARTE APPLICATIONS
Motions in limine due 28 days before FPTC; oppositions due 14 days before FPTC; no replies unless ordered.
All motions in limine must be filed at least twenty-eight (28) days before the FPTC. Oppositions must be filed at least fourteen (14) days before the FPTC. There shall be no replies, unless ordered by the Court.
Page 10 | 6. Motions in Limine (d) Briefing
Government must file specified FPTC documents 7 calendar days before FPTC.
No later than one (1) week before the FPTC, the government shall file and email the documents described below in Microsoft Word format to SRM_Chambers@cacd.uscourts.gov: • A trial memorandum; • Proposed voir dire questions, if any; • A witness list; • An exhibit list; • A joint case-specific glossary for the CRD;
Page 10 | C. FINAL PRETRIAL CONFERENCE (FPTC)
Amended Witness Lists must be filed by 12pm Friday before trial and emailed to chambers in Microsoft Word format.
Any Amended Witness List must be filed by 12:00 p.m. (noon) on the Friday before trial and emailed to SRM_Chambers@cacd.uscourts.gov in Microsoft Word format.
Page 11 | B. PRETRIAL PROCEDURES
Amended Exhibit Lists must be filed by 12pm Friday before trial and emailed to chambers in Microsoft Word format.
Any Amended Exhibit List must be filed by 12:00 p.m. (noon) on the Friday before trial and emailed to SRM_Chambers@cacd.uscourts.gov in Microsoft Word format.
Page 12 | B. PRETRIAL PROCEDURES
Response memoranda to sentencing filings must be filed 7 days before the sentencing hearing.
Any response memorandum shall be filed at least seven (7) days before the sentencing hearing.
Page 22 | 1. Objections to Presentence Reports and Sentencing Position Papers
Parties must submit a sentencing memorandum or notice of intent not to file one 14 days before the sentencing hearing.
no later than fourteen (14) days before the sentencing hearing, each party shall submit either a sentencing memorandum or a written notice of intent not to file one.
Page 22 | 1. Objections to Presentence Reports and Sentencing Position Papers
Objections to presentence reports must be filed within 14 days of receipt.
Any objections to presentence reports must adhere to the requirements of Fed. R. Crim. P. 32(f) and shall be filed within fourteen (14) days of receipt of the presentence report.
Page 22 | 1. Objections to Presentence Reports and Sentencing Position Papers
No later than seven (7) days after the Joint Brief is filed and no later than twenty- one (21) days before the scheduled hearing date, the moving party may separately file a reply memorandum of points and authorities, not exceeding ten (10) pages in length.
No later than seven (7) days after the Joint Brief is filed and no later than twenty- one (21) days before the scheduled hearing date, the moving party may separately file a reply memorandum of points and authorities, not exceeding ten (10) pages in length.
Civil cases
Page 7 | Reply Memorandum
Moving party must file Joint Brief, JAF, and JAE within 4 days of receiving opposing party's signed copy.
Once finalized, the moving party’s counsel shall sign and electronically file the Joint Brief, Joint Appendix of Facts, and Joint Appendix of Evidence no later than four (4) days after receiving the opposing party’s signed copy.
Civil cases
Page 7 | Filing of Joint Brief
Joint Brief must be filed no later than 28 days before the motion hearing cutoff per Local Rule 6-1.
Thus, the Joint Brief must be filed no later than twenty-eight (28) days before the motion hearing cutoff set forth in the case management order and in accordance with the requirements of Local Rule 6-1.
Civil cases
Page 7 | Filing of Joint Brief
Proposed FPTCO must be filed at least 14 days before the Final Pretrial Conference.
A proposed Final Pretrial Conference Order (“Proposed FPTCO”) shall be filed and emailed to Chambers at least fourteen (14) days before the FPTC.
Page 3 | B. Final Pretrial Conference/Proposed Final Pretrial Conference Order
Oppositions to motions in limine must be filed at least 14 days before the FPTC.
At least fourteen (14) days before the FPTC: ◦ Oppositions to Motions in Limine
Page 4 | A. Schedule for Filing Pretrial Documents
Pretrial documents including motions in limine, contentions of fact, witness list, joint exhibit list, joint status report, and bench trial documents must be filed at least 28 days before the FPTC.
At least twenty-eight (28) days before the FPTC: ◦ Motions in Limine ◦ Memoranda of Contentions of Fact and Law ◦ Witness list ◦ Joint Exhibit list ◦ Joint Status Report Regarding Settlement ◦ Proposed Findings of Fact and Conclusions of Law (bench trial only) ◦ Declarations containing Direct Testimony (bench trial only)
Page 4 | A. Schedule for Filing Pretrial Documents
Service and Proof of Service Rules
Sealed documents must be served by means other than electronic service; print the NEF and serve it together with the sealed document on opposing counsel.
Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.
Civil cases · Court notice
Page 23 | SEALED CIVIL DOCUMENTS
Sealed documents are not accessible through the NEF, so they must be served by other means; the filer must print the NEF and serve it along with the sealed document on opposing counsel.
Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.
Civil cases · Court notice
Page 36 | SEALED CIVIL DOCUMENTS
Sealed documents must be served by other means because they are not accessible through the NEF; print the NEF and serve it with the sealed document on opposing counsel.
you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.
Civil cases · Court notice
Page 42 | SEALED CIVIL DOCUMENTS
Pretrial detention review requests must be served on opposing counsel and Pretrial Services.
Any request for review of pretrial release conditions based on changed circumstances or information not previously presented to the Magistrate Judge shall be addressed in the first instance to the Magistrate Judge and shall be served on both opposing counsel and Pretrial Services.
Page 5 | B. PRETRIAL PROCEDURES
If possible, the moving party shall serve the opposing party electronically. A party is considered served once the ex parte application has been e-filed. All parties registered for electronic service are notified of an ECF filing each time a document is e-filed with a link to the document for one free view. Defendants exempt from electronic service must be served the ex parte application by facsimile or personal service. See Local Criminal Rules 49-1.2, 49-1.3.2(b); Local Civil Rule 5-3.
If possible, the moving party shall serve the opposing party electronically. A party is considered served once the ex parte application has been e-filed. All parties registered for electronic service are notified of an ECF filing each time a document is e-filed with a link to the document for one free view. Defendants exempt from electronic service must be served the ex parte application by facsimile or personal service. See Local Criminal Rules 49-1.2, 49-1.3.2(b); Local Civil Rule 5-3.
Page 9 | EX PARTE APPLICATIONS
Moving party must notify opposing party that ex parte oppositions are due 24 hours after service.
Following service of the ex parte application by electronic, facsimile, or personal service, the moving party shall notify the opposing party that any opposition must be filed no later than twenty-four (24) hours following service.
Page 9 | EX PARTE APPLICATIONS
Amended Witness Lists must be emailed to SRM_Chambers@cacd.uscourts.gov in Microsoft Word format by 12pm Friday before trial.
Any Amended Witness List must be filed by 12:00 p.m. (noon) on the Friday before trial and emailed to SRM_Chambers@cacd.uscourts.gov in Microsoft Word format.
Page 11 | B. PRETRIAL PROCEDURES
Amended Exhibit Lists must be emailed to SRM_Chambers@cacd.uscourts.gov in Microsoft Word format by 12pm Friday before trial.
Any Amended Exhibit List must be filed by 12:00 p.m. (noon) on the Friday before trial and emailed to SRM_Chambers@cacd.uscourts.gov in Microsoft Word format.
Page 12 | B. PRETRIAL PROCEDURES
Sentencing videos and transcripts must be provided to opposing counsel at least 21 days before the hearing.
provide the video and transcript to opposing counsel at least twenty-one (21) days before the hearing.
Page 22 | 3. Sentencing Videos
Moving parties must deliver their Joint Brief portion, Joint Appendix of Facts, and Joint Appendix of Evidence to the opposing party via personal delivery or email within 14 days after the meet and confer.
No later than fourteen (14) days after the meet and confer, the moving party shall personally deliver or email to the opposing party an electronic copy of the moving party’s portion of the Joint Brief, together with the moving party’s portion of the Joint Appendix of Facts and Joint Appendix of Evidence, see below. These documents should allow the opposing party to integrate content without modifying the moving party’s separate portions of the Joint Brief, Joint Appendix of Facts, and Joint Appendix of Evidence.
Civil cases
Page 6 | Briefing Schedule (b) Moving Party’s Portion of the Joint Brief
Opposing party must serve integrated motion (including joint brief, JAF, JAE) on moving party within 14 days of receiving moving papers, without modifying moving party's portions.
No later than fourteen (14) days after receiving the moving party’s papers, the opposing party shall personally deliver or email to the moving party an electronic copy of the integrated motion, which shall include the opposing party’s portion of the Joint Brief, Joint Appendix of Facts, and Joint Appendix of Evidence. The opposing party shall not modify in any way the moving party’s separate portions of the joint brief.
Civil cases
Page 7 | Meet and Confer
Notice of collective action must be mailed to putative plaintiffs one month after the hearing.
Deadline for Notice of Collective Action to be mailed to putative One month after plaintiffs hearing
Civil cases
Page 1 | Deadline for Notice of Collective Action
Plaintiff's counsel must immediately serve this Standing Order on all parties; removing defendant must serve all parties if case removed from state court.
Counsel for the plaintiff must immediately serve this Order on all parties, including any new parties to the action. If this case was removed from state court, the defendant who removed the case must serve this Order on all other parties.
Page 2 | I. GENERAL REQUIREMENTS A. Service of Order
E-filed documents must be served by mail the same day on parties not consenting to electronic service, with proof of service filed within 24 hours.
Any document that is e-filed shall be served by mail that same day on any party or attorney who is not permitted or has not consented to electronic service, with a proof of service to be filed within 24 hours.
Page 2 | I. GENERAL REQUIREMENTS A. Service of Order
Defendants not served within 90 days of case filing are dismissed unless the plaintiff obtains an extension by justifying the need in a joint report.
Any defendant(s), including “DOE” or fictitiously named defendant(s), not served within 90 days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m) and by operation of this Order without further notice, unless plaintiff requests and justifies the need for additional time in the joint report and the Court grants an extension.
Page 4 | II. PLEADINGS REQUIREMENTS A. Service of the Complaint
Plaintiffs must serve the summons and complaint in accordance with FRCP 4 and file proofs of service per FRCP 4(l).
The plaintiff(s) shall promptly serve a copy of the summons and complaint in accordance with Federal Rule of Civil Procedure 4 and file the proofs of service pursuant to Federal Rule of Civil Procedure 4(l).
Page 4 | II. PLEADINGS REQUIREMENTS A. Service of the Complaint
Plaintiff must identify and serve Doe defendants before the scheduling conference deadline.
Plaintiff must identify and serve any fictitiously named or “Doe” defendant(s) before the deadline set forth in the Court’s Order Setting Scheduling Conference.
Page 5 | II. PLEADINGS REQUIREMENTS C. Status of Fictitiously Named Defendants (a)
The parties must comply fully with the letter and spirit of Federal Rule of Civil Procedure 26(a) and produce discovery promptly.
The parties must comply fully with the letter and spirit of Federal Rule of Civil Procedure 26(a) and produce discovery promptly.
Page 10 | C. Timing of Discovery
Moving party must serve ex parte papers via electronic service, serve non-moving party via fax/email/personal service, and notify of opposing paper deadline.
Concurrently with service of the ex parte papers by electronic service and telephonic notice, counsel for the moving party shall also serve the non-moving party by either facsimile, email, or personal service, and give notice to the non-moving party that opposing papers must be filed no later than 24 hours (or one court day) following service.
Page 19 | A. Ex Parte Applications Generally
Courtesy Copy Requirements
Chambers copies are not required for any sealing requests.
No chambers copies are necessary.
Criminal cases
Page 1 | REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND ORDER
Government must deliver 1 mandatory chambers copy of specified pretrial documents to Judge Murillo’s mailbox by 5pm first court day after filing, three-hole punched left, no blue-backs or staples.
The government must provide a Mandatory Chambers Copy of each document delivered to Judge Murillo’s mailbox outside the Clerk’s Office on the 4th Floor of the First Street Courthouse no later than 5:00 p.m. on the first court day after the filing date. The Mandatory Chambers Copies must be “binder ready” (three-hole punched on the left side, without blue-backs or staples).
Page 11 | B. PRETRIAL PROCEDURES
Chambers copies required only when ordered; materials not on electronic docket must be delivered to chambers by noon following business day, tabbed, no blue backing.
Parties are not required to submit chambers copies unless specifically ordered by the Court. The Court does require copies of materials that have not been filed on the electronic docket for the case (e.g., CD-ROMs, DVDs, USB drives, documents electronically filed in other cases or other districts). Materials, and if ordered, chambers copies, must be delivered to Judge Murillo’s mailbox on the Fourth Floor of the First Street Courthouse, 350 West First Street, Los Angeles, CA 90012. Where applicable, exhibits, declarations, etc. to chambers copies must be tabbed. Mandatory Chambers Copies need NOT be blue backed. Materials not filed on the electronic docket must be delivered no later than 12:00 p.m. (noon) the following business day after the document is electronically filed.
Civil cases
Page 4 | 8. Mandatory Chambers Copies
The parties shall submit to the Court four (4) sets of binders: one (1) original set of trial exhibits, and two (2) copies of trial exhibits. The original set of exhibits shall be for use by the jury during its deliberations, one copy will be for witnesses, and two copies are for the Court.
The parties shall submit to the Court four (4) sets of binders: one (1) original set of trial exhibits, and two (2) copies of trial exhibits. The original set of exhibits shall be for use by the jury during its deliberations, one copy will be for witnesses, and two copies are for the Court.
Page 11 | III. Trial Exhibits
Paper copies of documents other than required chambers copies are prohibited unless requested by the court.
Please do not send paper copies of any other documents unless requested by the Court.
Page 7 | I. GENERAL REQUIREMENTS 1. Motions, Pleadings, and Trial Documents
Chambers copies are prohibited except when court-ordered or for ex parte TRO applications.
The parties must not provide chambers copies unless specifically ordered by the court, or in case of an ex parte application for a temporary restraining order (TRO).
Page 7 | I. GENERAL REQUIREMENTS 1. Motions, Pleadings, and Trial Documents
Chambers copies must be delivered by 12:00 p.m. the next business day after electronic filing.
Chambers copies must be delivered no later than 12:00 p.m. the following business day after the document is electronically filed.
Page 7 | I. GENERAL REQUIREMENTS 2. Delivery Location, Timeliness, and Form
Chambers copies are required for materials not filed on the electronic docket (e.g., CDs, DVDs, USBs, external filings).
The Court does require copies of materials that have not been filed on the electronic docket for the case (e.g., CD-ROMs, DVDs, USB drives, documents electronically filed in other cases or other districts).
Page 7 | I. GENERAL REQUIREMENTS 1. Motions, Pleadings, and Trial Documents
Ordered chambers copies must be delivered to Judge Murillo’s fourth floor mailbox at the specified courthouse address.
If ordered, Chambers Copies or materials must be delivered to Judge Murillo’s mailbox on the Fourth Floor of the First Street Courthouse, 350 West First Street, Los Angeles, California 90012.
Page 7 | I. GENERAL REQUIREMENTS 2. Delivery Location, Timeliness, and Form
Counsel must provide copies of motion for review and responses to the Magistrate Judge's chambers.
Counsel shall provide copies of the moving papers and responses to the Magistrate Judge chambers.
Page 10 | B. Limited District Court Review of Discovery Matters
TRO-related documents require mandatory chambers copies same day as filing; application not considered until copy provided.
For TROs, the parties must provide Mandatory Chambers Copies of TRO-related documents on the same day they are filed. The application will not be considered until a Mandatory Chambers Copy has been provided.
Page 20 | B. Ex Parte Applications for TROs
Courtesy chambers copies of e-filed Joint Rule 26(f) Reports are discouraged.
The Court discourages the submission of courtesy chambers copies of Joint Rule 26(f) Reports that have been electronically filed.
Page 2
Chambers copies prohibited unless court-ordered; required for unfiled materials, submitted to judge’s mailbox per Local Rule 5-4.5; no blue backing required.
The parties must not provide chambers copies unless specifically ordered by the court. If required, chambers copies are to be submitted pursuant to Local Rule 5-4.5 and to Judge Murillo’s mailbox on the 4th Floor of the First Street Courthouse. The Court does require copies of materials that have not been filed on the electronic docket for the case other districts). Please do not send paper copies of any other documents unless requested by the Court. Mandatory Chambers Copies need NOT be blue backed.
Page 3 | GENERAL REQUIREMENTS
USB flash drive with electronic exhibits and deposition excerpts due Friday 12:00 p.m., 3 days before trial.
In addition to the four (4) sets of binders above, the parties must also submit to the Court a USB flash drive containing electronic versions of all exhibits and any excerpts of deposition transcripts to be used at trial, either as evidence or for impeachment. The USB flash drive must be delivered to the judge’s courtesy box located outside the Clerk’s Office on the Fourth Floor of the courthouse by 12:00 p.m. on Friday, three (3) days before the start of trial.
Civil cases
Page 12 | Trial Exhibits
Sealing & Redaction Procedures
A sealed document may only be e-filed after obtaining a court order granting leave to file under seal; without such an order, the e-filing cannot be completed.
Please note that this event can only be used to e-file a sealed document if you have already obtained a court order granting leave to file that document under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.
Civil cases · Court notice
Page 17 | SEALED DOCUMENT: SCREEN-BY-SCREEN INSTRUCTIONS
Filing any sealed document requires a court order; if you have not obtained one, you must first file an Application for Leave to File Under Seal (even if a statute allows sealing) and cannot continue until the court grants the order.
Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you answer the question above by selecting “Statute,” you will see a warning message. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.
Civil cases · Court notice
Page 19 | SEALED CIVIL DOCUMENTS
This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Document again.
This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Document again.
Civil cases · Court notice
Page 19 | SEALED CIVIL DOCUMENTS
A sealed document being filed must be linked to the court order granting leave to file it under seal.
The Sealed Document you are filing must be linked to an Order granting leave to file the document under seal.
Civil cases · Court notice
Page 20 | SEALED CIVIL DOCUMENTS
A court order granting leave to file under seal is required before e-filing a sealed motion; without it the e-filing cannot be completed.
Please note that this event can only be used to e-file a motion under seal if you have already obtained a court order granting leave to file that motion under seal. If you have not obtained such an order, you will not be able to complete the e-filing process.
Civil cases · Court notice
Page 24 | SEALED MOTION (GENERIC SEALED MOTION-TYPE EVENT): SCREEN-BY-SCREEN INSTRUCTIONS
A court order is required to file any sealed document; if not yet obtained, an Application for Leave to File Under Seal must be filed first, and the filing cannot proceed until the order is obtained.
Note that the Local Rule requires a court order to authorize the filing of any sealed document. If you have not yet obtained a court order, you must first file an Application for Leave to File Under Seal, even if your document is authorized to be filed under seal by statute. You cannot continue with the filing process until you obtain such an order.
Civil cases · Court notice
Page 26 | SEALED CIVIL DOCUMENTS
A sealed motion must be linked to an order granting leave to file under seal; without such an order, docketing cannot continue.
The Sealed Motion you are filing must be linked to an Order granting leave to file the document under seal. The next screen will either inform you that no orders have been filed, so docketing cannot continue, or present a list of orders previously entered in the case.
Civil cases · Court notice
Page 27 | SEALED CIVIL DOCUMENTS
This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Reply again.
This screen should turn red. If the screen does not turn red, STOP; your documents will not be filed under seal. Go back to the Civil Events Screen and begin the docketing process for your Sealed Reply again.
Civil cases · Court notice
Page 39 | SEALED CIVIL DOCUMENTS
A sealed reply must be linked to the order granting leave to file it under seal.
The Sealed Reply you are filing must also be linked to an Order granting leave to file the document under seal.
Civil cases · Court notice
Page 40 | SEALED CIVIL DOCUMENTS
The Application for Leave for In Camera Review is publicly visible and must not contain confidential information or attach the documents for in camera review.
Remember that this event is NOT restricted. Your Application for Leave for In Camera Review will be publicly visible, so do not include confidential information, and do not attach the documents you wish the Court to review in camera.
Civil cases · Court notice
Page 43 | APPLICATION FOR LEAVE FOR IN CAMERA REVIEW: SCREEN-BY-SCREEN INSTRUCTIONS
Non-paper sealing exhibits must be delivered to Santa Ana Clerk's Office intake on USB/flash drive (no CDs).
Non-paper exhibits shall be delivered to the intake section of the Clerk’s Office in the Ronald Reagan Federal Building and United States Courthouse in Santa Ana. CDs are not accepted; only USB or flash drives are accepted.
Criminal cases
Page 1 | REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND ORDER
Each item to be sealed must be individually justified; blanket confidentiality claims are prohibited.
Sealing must be justified for each individual item to be sealed or redacted; blanket claims of confidentiality are not allowed and will result in a denial of the application to seal.
Criminal cases
Page 2 | 79-5
Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file both versions of the documents: complete versions of the pleadings and documents under seal; and a redacted version for public viewing, omitting only such portions as the court has ordered may be filed under seal.
Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file both versions of the documents: complete versions of the pleadings and documents under seal; and a redacted version for public viewing, omitting only such portions as the court has ordered may be filed under seal.
Criminal cases
Page 2 | 79-5
Redacted portions on un-redacted copies must be bracketed and highlighted.
***The parties ARE ORDERED to place in brackets and highlight the portion(s) of the document text and/or exhibits that have been redacted on the un-redacted copies (sent via email and the chambers’ copy).***
Criminal cases
Page 2 | 79-5
Sentencing documents may only be filed under seal if necessary, with a redacted version justifying each deletion.
The Court does not permit sentencing documents to be filed under seal except as strictly necessary and justified. When necessary, a sentencing document may be filed under seal along with a redacted version that deletes the confidential information and justifies each deletion (e.g., “medical information”).
Page 22 | 1. Objections to Presentence Reports and Sentencing Position Papers
Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file an unredacted version of the document under seal, and a redacted version for public viewing, omitting only the portions the Court has ordered may be filed under seal.
Documents that are not confidential or privileged in their entirety should not be filed under seal if the confidential portions can be redacted and filed separately with a reasonable amount of effort. The parties should file an unredacted version of the document under seal, and a redacted version for public viewing, omitting only the portions the Court has ordered may be filed under seal.
Page 8 | E. Filings Under Seal 2. Redacted Version and Unredacted Version
Each sealed item must be individually justified, no blanket claims; applications must show party interest outweighs public access right.
Sealing must be justified for each individual confidential matter; blanket claims of confidentiality will result in the application to seal being denied. All applications must provide the reason(s) the parties’ interest in maintaining the confidentiality of the document(s) outweighs the public’s right to access materials submitted in connection with a judicial proceeding.
Page 8 | E. Filings Under Seal 3. Justification
Applications to file under seal must comply with Local Rule 79-5, requiring good cause/compelling reasons and subject to a strong presumption of public access.
Local Rule 79-5 governs applications to file under seal. Parties must comply with all sections of Local Rule 79-5. There is a “strong presumption of access to court records” in civil cases. For each document or other type of information a party seeks to file under seal, the party must identify and discuss the factual and/or legal justification, see (c) below, that establishes “good cause” or “compelling reasons” for the document’s protection.
Page 8 | E. Filings Under Seal 1. Local Rule 79-5
Filing Bundling Requirements
Parties must submit a single joint brief for all MSJs; one moving party designated, default to defendant if no agreement. Pre-filing deadlines modifiable without leave if all parties agree and MSJ is timely.
The parties shall work cooperatively to submit a single joint brief for all MSJs brought by all moving parties. If multiple parties are moving for summary judgment, the parties should designate only one party as “the moving party” for purposes of the briefing schedule. The Court expects the parties to work together professionally and agree on which party should be designated as the moving party. If the parties are unable to agree, the defendant(s) shall be deemed the moving party. The parties may agree to modify the pre-filing deadlines in the briefing schedule without leave of Court only if (1) all parties agree to the modifications and (2) the MSJ is timely filed under the case management order.
Civil cases
Page 2 | 2. Joint Brief Required
Only one joint FRCP 56 motion may be filed without leave of court; leave requires joint noticed motion stating good cause positions.
No more than one joint motion may be filed under Federal Rule of Civil Procedure 56 without leave of court, regardless of whether such motion is denominated a motion for summary judgment or summary adjudication. In what should be the rare case in which leave of Court is sought, the parties shall file a joint noticed motion setting forth their respective positions on the existence of good cause for the filing of multiple motions.
Civil cases
Page 2 | 3. Multiple Joint Motions are Highly Disfavored
Joint Brief must be accompanied by a separate Joint Appendix of Objections (JAO) for evidentiary objections.
The Joint Brief shall be accompanied by a Joint Appendix of Objections (JAO)—i.e., evidentiary objections, if any, shall be made in a single, separate document presented in a four-column table as follows:
Civil cases
Page 11 | JOINT APPENDIX OF OBJECTIONS (JAO)
Parties must fully integrate the Joint Brief, JAF, JAE, and JAO; failure to comply may result in the motion being stricken and the process repeated.
If the parties have not worked to fully integrate the Joint Brief, JAF, JAE, or JAO, or have otherwise failed to fully comply with this Order, the motion may be stricken, and the parties may be required to repeat the process.
Civil cases
Page 13 | STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT
Trial exhibits must be submitted in three-ring binders on the first day of trial at 8:30 a.m.
Trial exhibits that consist of documents and photographs must be submitted to the Court in three-ring binders on the first day of trial promptly at 8:30 a.m.
Page 11 | III. Trial Exhibits
Attachments to filed/lodged documents must be separately docketed with descriptions; non-compliant attachments may be struck.
If a filed or lodged document has declarations, exhibits, or other attachments, each attachment 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. 1 - License Agreement, 29-3 Request for Judicial Notice). The Court may strike or not filed in accordance with this Order.
Page 5 | III. FILING REQUIREMENTS B. Documents with Declarations, Exhibits, and other Attachments
Pre-Motion Conference Requirements
Pretrial detention review requests must first be addressed to the Magistrate Judge.
Any request for review of pretrial release conditions based on changed circumstances or information not previously presented to the Magistrate Judge shall be addressed in the first instance to the Magistrate Judge and shall be served on both opposing counsel and Pretrial Services.
Page 5 | B. PRETRIAL PROCEDURES
Meet and confer required before filing discovery motions; email alone insufficient; motions must state meet and confer compliance and request details.
Counsel shall meet and confer to resolve discovery disputes informally prior to filing a motion to compel discovery. All discovery motions shall state whether the meet and confer requirement has been satisfied and state with particularity what is requested, the basis for the request, whether the discovery at issue has been requested, and opposing counsel’s response to such request. Both parties are required to meet and confer in good faith to reach a resolution without the need for a motion. The Court may decline to hear discovery motions made without prior consultation with opposing counsel. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement.
Page 6 | B. PRETRIAL PROCEDURES
Counsel must meet and confer in good faith regarding pre-trial motions (except motions in limine) before filing; email alone does not satisfy this requirement.
Counsel must meet and confer with opposing counsel “to discuss thoroughly… the substance of the contemplated pre-trial motion and any potential resolution” thereof. See Local Criminal Rule 57-1; Local Civil Rule 7-3. Counsel shall 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. Both parties are required to meet and confer in good faith to reach a resolution without the need for a motion. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement.
Page 7 | B. PRETRIAL PROCEDURES
Motions (except in limine) require briefing 3 weeks before hearing (motion), 2 weeks (opposition), 1 week (reply); must be noticed by FPTC; alternate schedules allowed with court approval.
For all motions, other than motions in limine, the briefing schedule is as follows: motions shall be filed three (3) weeks prior to the hearing; oppositions or notices of non- opposition shall be filed two (2) weeks prior to the hearing; and replies, if any, shall be filed one (1) week prior to the hearing. All motions must be properly noticed for hearing no later than the date of the FPTC. The parties must adhere to the briefing schedule set forth herein to afford the Court adequate time to prepare for the hearing; however, the parties may stipulate to an alternate briefing schedule contingent upon approval by the Court. Failure to comply with these deadlines may result in the court declining to consider the untimely memorandum or other document. See Local Criminal Rule 57-1; Local Civil Rule 7-12.
Page 8 | B. PRETRIAL PROCEDURES
Both parties are required to meet and confer in good faith to reach a resolution without the need for a motion. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement.
Both parties are required to meet and confer in good faith to reach a resolution without the need for a motion. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement.
Page 10 | 6. Motions in Limine (a) Meet and Confer Requirement
Parties with excessive or frivolous jury instruction disagreements must meet and confer immediately.
If there are excessive or frivolous disagreements over jury instructions, the Court will order the parties to meet and confer immediately until they substantially narrow their disagreements.
Page 13 | Jury Instructions
Parties must comply with FRCP 56, local rules, this order, and the court's civil case standing order when filing or opposing summary judgment motions.
When filing or opposing a motion for summary judgment, a party must comply with Federal Rule of Civil Procedure 56, the Local Rules of the Central District of California, this Order, and the Court’s Standing Order for Civil Cases.
Civil cases
Page 1 | Preamble
Moving party must arrange an in-person or videoconference meet and confer no later than 60 days before the MSJ hearing cutoff, discussing all issues, law, and evidence.
For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) days before the motion hearing cutoff set forth in the case management order. The parties shall thoroughly discuss each issue to be raised and the law and evidence relevant to that issue.
Civil cases
Page 2 | 1. Meet and Confer
Parties must check closed motion dates on Judge Murillo’s Procedures and Schedules Page immediately before filing a motion; no need to clear date with Courtroom Deputy first.
It is not necessary to clear a hearing date with the Courtroom Deputy before filing a motion. Immediately before filing the motion, parties must check the closed motion dates column located on the right side of Judge Murillo’s Procedures and Schedules Page on the
Civil cases
Page 3 | 7. Scheduling a Hearing
Moving parties must schedule an in-person or videoconference meet and confer for summary judgment motions no later than 60 calendar days before the motion hearing cutoff, with encouragement to meet sooner.
For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) calendar days before the motion hearing cutoff set forth in the case management order. The parties, however, should make every effort to meet sooner than the sixtieth day to allow sufficient time to discuss the MSJ and for briefing.
Civil cases
Page 6 | Briefing Schedule (a) Meet and Confer
No additional briefing or filings in support of or opposition to MSJ are permitted.
No additional briefing or filing in support of or in opposition to the MSJ is permitted.
Civil cases
Page 7 | Reply Memorandum
Plaintiff must seek all defendants’ counsel consent before filing motion to substitute Doe defendant; denied consent requires regularly noticed motion, with diversity jurisdiction address in diversity cases.
Before moving to substitute a defendant for a Doe defendant, plaintiff must seek the consent of counsel for all defendants, including counsel for a represented Doe defendant. If denied consent, plaintiff must file a regularly noticed motion. In diversity cases, plaintiff’s motion must address whether the addition of the newly named party destroys diversity jurisdiction. See 28 U.S.C. § 1447(c), (e).
Page 5 | II. PLEADINGS REQUIREMENTS C. Status of Fictitiously Named Defendants (b)
Counsel must meet and confer in person/by phone at least 7 calendar days before filing sealing application; non-proposing party confirms within 2 days after; email alone insufficient.
Counsel is ordered to meet and confer in person or by telephone at least seven calendar days before the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing. Not later than two calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under-seal filing. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement.
Page 9 | 4. Meet and Confer
Parties must strictly comply with FRCP 16, 26, and court orders regarding scheduling conferences.
Pursuant to Federal Rule of Civil Procedure16(b), the Court will issue an Order Setting Scheduling Conference. The parties are required to strictly comply with Federal Rule of Civil Procedure 16 and 26, as well as this Court’s Orders.
Page 11 | VI. SCHEDULING CONFERENCE
Local Rule 7-3 pre-filing meet and confer is strictly enforced, applying to all cases including those with pro se litigants.
The Court strictly enforces Local Rule 7-3, which requires counsel to engage in a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” This requirement applies in all cases, including those with Pro Se Litigants.
Page 11 | VII. MOTIONS—GENERAL REQUIREMENTS APPLICABLE TO ALL MOTIONS, A. Local Rule 7-3 Pre-Filing Meet and Confer Requirement
Counsel must meet and confer on all potentially disputed matters (except Local Rules 7-3/16-12) before presenting to court, including continuances and seal applications, to resolve or narrow issues.
This Court requires parties through Counsel to meet and confer about any potentially disputed matter (except those identified in Local Rules 7-3 and 16-12) before presenting it to the Court, including requests to continue any matter, applications to file under seal, and other filings seeking a court order. The purpose of meeting and conferring is to attempt to obviate the need for a motion and thus avoid unnecessary Court intervention. If the parties are unable to fully resolve the dispute, they shall attempt to narrow the scope of contested issues.
Page 11 | VII. MOTIONS—GENERAL REQUIREMENTS APPLICABLE TO ALL MOTIONS, A. Local Rule 7-3 Pre-Filing Meet and Confer Requirement
All motions must be filed in compliance with Local Rules 6 and 7.
Motions must be filed in accordance with Local Rules 6 and 7.
Page 12 | VII. MOTIONS—GENERAL REQUIREMENTS APPLICABLE TO ALL MOTIONS, B. Scheduling Motions Hearings
Parties must check Judge Murillo’s closed motion dates on the court website immediately before filing a motion; motions noticed for closed dates may be struck or reset.
Immediately before filing the motion, parties must check the closed motion dates column located on the right side of Judge Murillo’s Procedures and Schedules Page on the Court’s website to ensure the hearing date has not been closed. The closed date column is typically updated on a weekly, and sometimes daily, basis. If a motion is noticed for a date that is not available, the Court may strike or reset the motion.
Page 12 | VII. MOTIONS—GENERAL REQUIREMENTS APPLICABLE TO ALL MOTIONS, B. Scheduling Motions Hearings
Adjournment & Extension Requirements
2 business days before the scheduled appearance. Counsel should try to agree on a new date to accommodate the calendar conflict. Counsel must propose a new date by Stipulation and Proposed Order.
2 business days before the scheduled appearance. Counsel should try to agree on a new date to accommodate the calendar conflict. Counsel must propose a new date by Stipulation and Proposed Order.
Page 5 | A. GENERAL REQUIREMENTS
scheduled trial date; (5) the estimated length of trial; (6) the number of continuances previously granted; (7) the parties’ trial readiness; (8) the estimated likelihood a future continuance will be requested; and (9) the likelihood the trial will proceed on the scheduled date. Counsel shall avoid submitting requests for continuance of trial less than one (1) week prior to the FPTC. A request to continue dates that have already expired constitutes a presumptive lack of due diligence. Requests extending dates set by the Court are not effective unless approved by the Court. The parties must first email the CRD to discuss available continuance dates prior to filing any motion, stipulation, or application requesting a continuance.
scheduled trial date; (5) the estimated length of trial; (6) the number of continuances previously granted; (7) the parties’ trial readiness; (8) the estimated likelihood a future continuance will be requested; and (9) the likelihood the trial will proceed on the scheduled date. Counsel shall avoid submitting requests for continuance of trial less than one (1) week prior to the FPTC. A request to continue dates that have already expired constitutes a presumptive lack of due diligence. Requests extending dates set by the Court are not effective unless approved by the Court. The parties must first email the CRD to discuss available continuance dates prior to filing any motion, stipulation, or application requesting a continuance.
Page 7 | B. PRETRIAL PROCEDURES
Sentencing hearings cannot be continued without a detailed, substantial showing of good cause.
Once set, the sentencing hearing shall not be continued absent a detailed, substantial showing of good cause.
Page 22 | 2. Sentencing Proceedings
Stipulations to extend briefing schedule must be submitted to court 21 days prior to hearing date.
Any stipulation to a lengthier briefing schedule must be provided to the court no later than 21 days prior to the hearing date and comply with the motion hearing cut-off deadline.
Civil cases
Page 8 | Stipulations to Extend Briefing Schedule
The deadline for hearing the motion will not be continued for failure to comply with this Order, absent good cause.
The deadline for hearing the motion will not be continued for failure to comply with this Order, absent good cause.
Civil cases
Page 13 | STANDING ORDER FOR MOTIONS FOR SUMMARY JUDGMENT
Continuances of pretrial/trial dates require a motion with a declaration showing good cause, due diligence, and detailed factual support; stipulations require court approval and compelling factual support.
The Court has a strong interest in keeping scheduled dates certain. Accordingly, pretrial and trial dates set by the Court are firm, and rarely will be changed. Any request for continuance of pretrial and/or trial dates must be by motion, stipulation, or application, and must be supported by a declaration setting forth the reasons for the requested relief. The declaration must contain a highly detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties’ efforts, dating back to the filing of the complaint, of the steps they have taken to advance the litigation. This detailed showing must demonstrate that the work still to be performed reasonably could not have been accomplished within the applicable deadlines. General statements are insufficient to establish good cause. The declaration should also include whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court. Stipulations extending dates set by the Court are not effective unless approved by the Court, and without compelling factual support and a showing of due diligence, stipulations continuing dates set by the Court will be denied.
Page 19 | L
Counsel must notify opposing counsel and CRD of calendar conflicts at least 3 calendar days before the scheduled appearance, propose a new date via Stipulation and Proposed Order, and may not file a Notice of Unavailability.
If any counsel discovers a calendar conflict due to lead counsel’s engagement in trial, counsel must inform opposing counsel and the Court’s courtroom deputy (CRD) via Chambers email at SRM_chambers@cacd.uscourts.gov as soon as possible and not later than three days before the scheduled appearance. Counsel should attempt to agree on a new date to accommodate the calendar conflict. Counsel must propose a new date by Stipulation and Proposed Order. A “Notice of Unavailability” has no legal effect and should not be filed.
Page 3 | I. GENERAL REQUIREMENTS D. Counsel Calendar Conflicts
Continuances require good cause, must be requested via motion/stipulation with proposed order and declaration detailing reasons, prior requests, efforts, and prejudice.
Continuances are granted only on a showing of good cause. Requests for continuances must be made sufficiently in advance of the date to be continued and by motion or stipulation, along with a proposed order. Motions and stipulations must be accompanied by a detailed declaration setting forth the specific reasons for the requested continuance. The declaration also should state whether there have been any previous requests for continuances; whether these requests were granted or denied by the Court; what efforts were made to meet the existing deadline; and what, if any, prejudice would result if the request is denied. Stipulations extending dates set by this Court are not effective unless approved by the Court. Continuances will not be granted routinely.
Page 15 | C. Motions and Stipulations to Continue
Stipulations extending Court-set dates require Court approval and compelling factual support; otherwise denied.
Stipulations extending dates set by the Court are not effective unless approved by the Court, and without compelling factual support and a showing of due diligence, stipulations continuing dates set by the Court will be denied.
Civil cases
Page 20 | L. Continuances of Pretrial and Trial Dates
Fact Discovery Cut-Off 24 weeks before FPTC (no later than deadline for filing dispositive motion)
Fact Discovery Cut-Off 24 weeks before FPTC (no later than deadline for filing dispositive motion)
Civil cases
Page 21 | Schedule of Pretrial and Trial Dates Worksheet
Last Date to Hear Motion to Amend Pleadings or Add Parties 6 weeks after [Wednesday] scheduling conference
Last Date to Hear Motion to Amend Pleadings or Add Parties 6 weeks after [Wednesday] scheduling conference
Civil cases
Page 21 | Schedule of Pretrial and Trial Dates Worksheet
Expert Discovery Cut-Off 19 weeks before FPTC
Expert Discovery Cut-Off 19 weeks before FPTC
Civil cases
Page 21 | Schedule of Pretrial and Trial Dates Worksheet
Last date to hear motions is 12 weeks before FPTC on Wednesday
Last Date to Hear Motions [Wednesday] Parties shall take note of the Court’s briefing schedule as set forth in the Civil Standing Order, found on Judge Murillo’s website 12 weeks before FPTC
Civil cases
Page 21 | Schedule of Pretrial and Trial Dates Worksheet
Continuance of the scheduling conference requires a showing of good cause.
A request to continue the Scheduling Conference will be granted only for good cause.
Page 8 | III. Scheduling Conference
Court recommends timeline but allows alternate dates; last motion hearing no later than 8 weeks before first trial filing deadline
The numbers below represent the court’s recommended timeline. The parties may propose alternate dates based on the needs of each individual case. But in every case, the last date to hear motions shall be no later than eight (8) weeks before the deadline for Trial Filings (First Round), and the deadline for Trial Filings (First Round) and Trial Filings (Second Round) must be no later than four (4) and two (2) weeks before the FPTC, respectively.
Civil cases
Page 21 | Schedule of Pretrial and Trial Dates Worksheet
Parties may choose to cut off expert discovery before summary judgment deadline
The parties may choose to cut off expert discovery prior to the deadline to file a motion for summary judgment.
Civil cases
Page 21 | Schedule of Pretrial and Trial Dates Worksheet
Continuance requests for pretrial/trial dates require motion/stipulation/application, signatures, good cause showing, prior continuance history, and other details.
Requests for continuances of pretrial and trial dates must be made by motion, stipulation, or application. All requests must be signed by both the defendant(s), an interpreter when required, and counsel. Each request must include a detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance, stating whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court. The Court will not grant requests to continue pretrial and trial dates absent a detailed showing. General statements are insufficient to establish good cause. To the extent the request to continue dates is joint, it should state clearly that the government and defendant(s) agree. To the extent the action is complex, one or more parties require additional time to prepare for trial, or other circumstances apply necessitating a continuance, the request should so state and describe the circumstances in detail. A list of counsel’s upcoming scheduled trials in other actions will not support a showing of good cause absent the following information regarding each such action listed: (1) the case name, case number, court where the action is pending, and the initials of the district judge or name of the state court judge assigned to the action; (2) the age of the case.
Page 6 | B. PRETRIAL PROCEDURES
Continuance requests for pretrial/trial dates require motion/stipulation/application with detailed declaration showing good cause, due diligence, and history of litigation efforts.
The Court has a strong interest in keeping scheduled dates certain. Accordingly, pretrial and trial dates set by the Court are firm, and rarely will be changed. Any request for continuance of pretrial and/or trial dates must be by motion, stipulation, or application, and must be supported by a declaration setting forth the reasons for the requested relief. The declaration must contain a highly detailed factual showing of good cause and due diligence demonstrating the necessity for the continuance and a description of the parties’ efforts, dating back to the filing of the complaint, of the steps they have taken to advance the litigation. This detailed showing must demonstrate that the work still to be performed reasonably could not have been establish good cause. The declaration should also include whether any previous requests for continuances have been made and whether these requests were granted or denied by the Court.
Civil cases
Page 19 | L. Continuances of Pretrial and Trial Dates
Chambers Communication Rules
After e-filing sealing application for document(s) only, email chambers with required PDF/Word files and specified subject line.
After electronically filing the application and proof of service, send an email to the chambers generic email at SRM_Chambers@cacd.uscourts.gov, containing an Adobe PDF version of the application to seal, declaration giving notice or a proof of service, Word- processing version of the proposed order (with the proposed denied instructions) 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 email should have the case number, plus the words “UNDER SEAL REQUEST.”
Criminal cases
Page 1 | REQUEST TO SEAL DOCUMENT(S) ONLY, NOT THE APPLICATION AND ORDER
For requests to seal application/order/documents, email chambers with required PDF/Word files and specified subject line.
Send an email to the chambers email at SRM_Chambers@cacd.uscourts.gov, containing an Adobe PDF version of the application to seal, declaration giving notice or a proof of service, Word-processing version of the proposed order (with the proposed denied instructions as stated 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 email should have the case number, plus the words “UNDER SEAL REQUEST.”
Criminal cases
Page 1 | REQUEST TO SEAL THE APPLICATION, ORDER, AND DOCUMENT(S)
Counsel must submit a clean Word-format set of jury instructions to chambers email SRM_Chambers@cacd.uscourts.gov.
Counsel shall submit to the Chambers email SRM_Chambers@cacd.uscourts.gov a “clean” set of all instructions in Word format that will be given to the jury, containing only the text of each instruction, set forth in full on each page, with the caption “Instruction No. ___” (eliminating the title and source of the instruction, supporting authority, etc.).
Page 14 | 5. Jury Instructions Submission
Counsel must notify CRD via email no later than 4 days before trial if bringing electronic equipment to trial.
If electronic equipment must be brought into the courtroom for trial, counsel shall make prior arrangements with the Court Security, and counsel must provide notice no later than four (4) days before trial to the CRD at SRM_Chambers@cacd.uscourts.gov.
Page 17 | 6. Audio/Visual Equipment and Other Electronic Equipment
Counsel must notify CRD in advance if a witness needs an interpreter or ADA accommodation.
Counsel must notify the CRD in advance if a witness requires an interpreter or an accommodation under the Americans with Disabilities Act (or for any other reason).
Page 18 | E. CONDUCT OF ATTORNEYS AND PARTIES, 4. Special Accommodations
All pretrial documents must be emailed in Word version to chambers on the due date.
All pretrial documents listed above, including any amended documents, shall be filed and emailed in Word version to SRM_Chambers@cacd.uscourts.gov the day they are due.
Page 5 | A. Schedule and Deadlines
Counsel and parties are prohibited from initiating ex parte contact with the Court or Chambers staff by telephone or other improper means.
Neither counsel nor a party shall initiate contact with the Court or its Chambers staff by telephone or any other improper ex parte means.
Page 3 | I. GENERAL REQUIREMENTS E. Communications with Chambers
Counsel may contact the CRD with appropriate inquiries. Contacting the CRD to inquire about the status of a ruling or to continue a proceeding is not appropriate. The preferred method of communication with the CRD is by email at SRM_chambers@cacd.uscourts.gov. Counsel must copy all parties on any such email. To facilitate communication with the CRD, counsel should list their email addresses and telephone numbers on all papers.
Counsel may contact the CRD with appropriate inquiries. Contacting the CRD to inquire about the status of a ruling or to continue a proceeding is not appropriate. The preferred method of communication with the CRD is by email at SRM_chambers@cacd.uscourts.gov. Counsel must copy all parties on any such email. To facilitate communication with the CRD, counsel should list their email addresses and telephone numbers on all papers.
Page 3 | I. GENERAL REQUIREMENTS E. Communications with Chambers
Proposed orders requiring judge’s signature must be emailed to chambers as Word and PDF copies; motions should not be emailed unless with stipulation/ex parte application.
The Court enforces strict compliance with Local Rule 5-4.4.2, which instructs: “After a document requiring a judge’s signature has been lodged in accordance with L.R. 5-4.4.1 . . . , a Microsoft Word copy of the proposed document, along with a PDF copy of the electronically filed main document, shall be e-mailed to the assigned judge’s generic chambers e-mail address using the CM/ECF System,” namely, SRM_chambers@cacd.uscourts.gov. The Court will not consider a stipulation, ex parte application, or other request for relief until a compliant proposed order is received by email. If the proposed order is based on a stipulation or an ex parte application, counsel must email both the order and the stipulation or ex parte application. Otherwise, accompanying documents (such as motions) should not be emailed to Chambers.
Page 6 | III. FILING REQUIREMENTS C. Proposed Orders 3. Email Proposed Orders to Chambers
Courtesy copies of fee tables must be emailed to chambers at SRM_Chambers@cacd.uscourts.gov.
The courtesy copies of the tables shall be prepared in Excel, with all restrictions removed so the spreadsheets can be edited, and emailed to the Court’s chambers email address at SRM_Chambers@cacd.uscourts.gov.
Page 17
Counsel must inform Courtroom Deputy of exhibit agreements and exhibits admitted without motion.
Counsel must inform the Courtroom Deputy of any agreements reached regarding any proposed exhibits, as well as those exhibits that may be received into evidence without a motion to admit.
Civil cases
Page 17 | III. Trial Preparation
Hearings are in-person by default; Zoom requests must be filed by Friday before hearing with meet and confer certification
By default, all hearings shall proceed in-person, unless a request is made by the parties and granted by the Court. Requests to appear via Zoom must be e- filed by the Friday before the hearing and must indicate that counsel has met and conferred per Local Rule 7-3.
Civil cases
Page 21 | Schedule of Pretrial and Trial Dates Worksheet
Special court reporter services require 14-day advance notice.
Any party requesting special court reporter services for any hearing, such as "Real Time" transmission or daily transcripts, shall notify Court Reporting Services at least fourteen (14) days before the hearing date.
Civil cases
If any counsel discovers a calendar conflict with a scheduled appearance in a court of a more senior district judge, counsel must inform opposing counsel and the Courtroom Deputy Clerk (“CRD”) via the chambers’ email address at:
If any counsel discovers a calendar conflict with a scheduled appearance in a court of a more senior district judge, counsel must inform opposing counsel and the Courtroom Deputy Clerk (“CRD”) via the chambers’ email address at:
Page 4 | PRETRIAL PROCEDURES
Counsel must promptly notify CRD if party does not intend to oppose an ex parte application.
If a party does not intend to oppose an ex parte application, counsel must promptly inform the CRD.
Page 9 | EX PARTE APPLICATIONS
Parties must email the Joint Statement of the Case to Chambers.
The parties shall file and email to Chambers a Joint Statement of the Case fourteen (14) days before the FPTC for the Court to read to the prospective jurors before commencement of voir dire.
Page 9 | 6. Joint Statement of the Case (Jury Trials Only)
Parties must email the proposed verdict form to Chambers.
The parties shall file and email to Chambers a proposed joint general or special verdict form fourteen (14) days before the FPTC.
Page 9 | 5. Joint Verdict Forms (Jury Trials Only)
If declarations are filed, parties must email objections to Chambers.
If such declarations are filed, each party shall file and email to Chambers any evidentiary objections to the declarations submitted by any other party at least fourteen (14) days before the FPTC.
Page 10 | 9. Declarations of Direct Testimony (Bench Trials Only)
Junior Lawyer Participation Incentives
Court encourages participation of less experienced or diverse lawyers in trial and FPTC
The Court has a strong commitment to fostering the development of new and diverse lawyers in the legal community. Consequently, the Court strongly encourages litigants to provide opportunities for less experienced lawyers or lawyers whose identities and/or backgrounds further the diversity of the legal profession to participate in trial and in the FPTC, particularly where they contributed significantly to the underlying issue or prepared the witness.
Civil cases