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Judge Allison Claire
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Exhibits
- Pursuant to Scheduling Order
Binding: Three Ring Binder
Joint Statement
- At Least 14 Days Before Hearing
Motion, Opposition, Reply
Communication
Chambers
Phone
Chambers
Page & Word Limits5 rules
These page limits also apply to discovery-related motions in prisoner cases only, which are exempt from the Joint Statement requirement of Local Rule 251.
Non-discovery motions limited to 20 pages (initial/opposition) and 10 pages (reply), excluding TOC, table of cases, and exhibits.
- Opposition
- Up to 20 pages
- Page limit
- Up to 10 pages
Excluded from page count
- •Table of contents
- •Exhibits
Exception
More pages with leave of court
Court's wording
Initial moving papers in non-discovery matters, and oppositions to such motions, are limited to 20 pages. Replies are limited to 10 pages. Page limits do not include the index or table of contents, table of cases, or exhibits (if any). Documents exceeding these limits without advance leave of court, for good cause shown, will be stricken without further notice.
Absent leave of court for good cause shown, the Joint Statement is limited to 25 pages, exclusive of exhibits and tables (if any).
- Joint statement
- Up to 25 pages
Excluded from page count
- •Exhibits
Exception
More pages with leave of court
Informal telephonic discovery conferences require 2-page synopsis instead of Joint Statement.
- Discovery synopsis
- Up to 2 pages
Court's wording
resolve discovery disputes by conducting an informal telephonic conference. The procedures for obtaining and participating in an informal telephonic discovery conference are set forth in Judge Claire’s Policy re Informal Telephonic Discovery Conferences. These procedures include a meet and confer requirement (see above) and require a 2-page synopsis of the dispute in lieu of a formal Joint Statement.
Joint letter brief limited to 2 pages (12-point type) for discovery disputes.
- Joint letter brief
- Up to 2 pages
- Format
- 12-point
Court's wording
The joint letter brief shall be no more than 2 pages in length, including any exhibits or attachments (which are discouraged), and shall be in at least 12-point type. Pages exceeding this limit will not be
Document Format Requirements1 rule
The joint letter brief shall be no more than 2 pages in length, including any exhibits or attachments (which are discouraged), and shall be in at least 12-point type.
- Font size
- At least 12 points
Document Filing Requirements13 rules
Joint Statement must include all arguments, objections, and exhibits as attachments.
Court's wording
As required by Local Rule 251(c), the Joint Statement must include in a single document all argument and briefing related to the respective positions of the parties, and must reproduce in full each discovery request objected to and each objection. Any exhibits, including declarations, should be electronically filed as attachments to the Joint Statement, not as separate docket entries.
Joint Statements must be filed at least 14 days before hearing or motion will be removed from calendar.
Court's wording
Judge Claire strictly enforces the deadline for filing Joint Statements. Any motion will be removed from calendar if the Joint Statement is not filed at least fourteen (14) days before the scheduled hearing date.
Proposed orders must be emailed in Word format with electronic signatures.
- Document
- Proposed order
Must include
- •Electronic signature
Court's wording
PROPOSED ORDERS: As required by the Local Rules, counsel shall submit via email to acorders@caed.uscourts.gov, the proposed order accompanying any application, request, stipulation or motion, in Microsoft Word format. Pursuant to Local Rule 131 (c), the document must include the attorneys' electronic signature(s) (i.e. /s/ First/Last name), as well as the date the document was signed.
WAIVERS OF APPEARANCE BY DEFENDANTS: Judge Claire will not accept routine waivers of appearance that extend by their terms to trial, judgment and/or sentencing.
Meet and confer must be in person, by phone, or video - email is insufficient.
Court's wording
Judge Claire strictly enforces meet and confer requirements. Written correspondence between the parties, including email, is insufficient to satisfy the parties' meet and confer obligations under Local Rule 251(b). Prior to the filing of a Joint Statement, the parties must confer in person or via telephone or video conferencing in an attempt to resolve the dispute.
Settlement conference statements required 7 days before conference; late filings result in cancellation.
Court's wording
Confidential Settlement Conference Statements are mandatory from each party and must be submitted to Judge Claire’s chambers at least seven (7) calendar days prior to the Settlement Conference. Electronic submission may be made to acorders@caed.uscourts.gov. If Statements are not timely filed, the settlement conference will be vacated.
Parties must provide availability for telephonic conference within 3-14 days.
Court's wording
The prospective moving party, after having conferred with the opposing party and secured agreement to pursue informal resolution, shall advise the court of the dates and times in the next 3-14 days when all concerned parties are available for a telephonic conference.
Joint letter must be filed at least 24 hours before telephonic conference.
Court's wording
At least 24 hours before the telephonic conference, unless a different deadline is set in the minute order, the parties shall file a joint letter briefly explaining what meet and confer efforts they have undertaken and providing a synopsis of the discovery dispute.
The parties shall promptly provide the courtroom deputy with landline numbers where they can be reached at the time of the telephonic conference.
Must include
- •Landline numbers
The joint letter brief shall be no more than 2 pages in length, including any exhibits or attachments (which are discouraged), and shall be in at least 12-point type.
Judge Claire encourages early resolution of discovery disputes outside the formal Local Rule 251 procedures.
Parties are strongly encouraged, but not required, to share all or part of their settlement conference statements with each other.
The court will then issue a minute order advising counsel of the time and date of the telephonic conference.
Filing & Service rules
Courtesy Copy Requirements
Mandatory courtesy copies of Joint Statements (with tabbed exhibits) due 14 days before hearing.
COURTESY COPIES of all Joint Statements, with declarations, exhibits and other attachments tabbed, are mandatory and should be delivered to the Clerk of Court at least fourteen (14) days before the scheduled hearing.
Trial/exhibit courtesy copies must be tabbed and in three-ring binder.
COURTESY COPIES – EXHIBITS FOR USE AT TRIAL OR EVIDENTIARY HEARING: Courtesy copies of exhibits that a party intends to offer at trial or evidentiary hearing shall be provided pursuant to the applicable scheduling order, individually tabbed and contained in a three-ring binder.
Except as provided below regarding Joint Statements re Discovery Disputes, and any contrary provisions of the Local Rules notwithstanding, courtesy copies of motion-related documents that are electronically filed or submitted to Judge Claire via email are unnecessary and should not be filed unless specifically requested by the court.
Except as provided below regarding Joint Statements re Discovery Disputes, and any contrary provisions of the Local Rules notwithstanding, courtesy copies of motion-related documents that are electronically filed or submitted to Judge Claire via email are unnecessary and should not be filed unless specifically requested by the court.
Pre-Motion Conference Requirements
Informal discovery conferences are optional alternative to formal motions under Local Rule 251.
This informal process is not a prerequisite to the filing of a motion under Local Rule 251. Rather, it is an alternative to a formal motion. Counsel should request this alternative discovery dispute resolution process only for disputes that in counsel’s view may be amenable to resolution on the basis of a letter brief and telephonic conference, without the need for a further record.
Chambers Communication Rules
Parties must appear with counsel. Telephonic appearances are discouraged and will be permitted only in the rarest of circumstances, upon written request and for good cause.
Parties must appear with counsel. Telephonic appearances are discouraged and will be permitted only in the rarest of circumstances, upon written request and for good cause.
Attorneys should arrange, through the Courtroom Deputy, a time to meet with court Information Technology staff for training on electronic equipment. Appointments should be scheduled at least one to two weeks prior to trial.
Attorneys should arrange, through the Courtroom Deputy, a time to meet with court Information Technology staff for training on electronic equipment. Appointments should be scheduled at least one to two weeks prior to trial.
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Telephonic appearances generally acceptable for non-settlement matters with 2-day advance notice.
TELEPHONIC APPEARANCES: Other than for settlement conferences, and subject to Judge Claire’s procedures for hearings in cases in which a party is unrepresented by a lawyer (see above under Civil Law and Motion, Oral Argument) telephonic appearances are generally acceptable and do not require motion or written request. Please contact the courtroom deputy at least two days prior to a hearing date to make arrangements for a telephonic appearance.
Criminal law and motion heard Mondays at 9:00 a.m.; contact deputy to confirm dates.
CRIMINAL LAW AND MOTION: Criminal law and motion is heard every Monday at 9:00 a.m. Contact courtroom deputy Jonathan Anderson, (916) 930-4199, to confirm availability of dates.