Eastern District of California Document Filing Requirements

Supplemental briefs require prior leave of court.

Source text: Finally, no supplemental briefs shall be filed without prior leave of court.

Motion notice must include certification of exhausted meet and confer efforts with brief summary.

Source text: A notice of motion shall contain a certification by counsel filing the motion that meet and confer efforts have been exhausted, with a very brief summary of meet and confer efforts.

Ex parte applications require affidavit explaining need and inability to obtain stipulation.

Source text: The filer shall include an affidavit indicating a satisfactory explanation for the following: (1) the need for the issuance of such an order, (2) the inability of the filer to obtain a stipulation for the issuance of such an order from other counsel provided by Local Rule 230.

Administrative relief motions require compliance with L.R. 233 and proposed order.

Source text: The parties are required to comply with Local Rule 233 when filing miscellaneous administrative matters. As stated in that rule, such matters may include 'motions to exceed applicable page limitations; requests to shorten time on a motion; requests to extend a response deadline; requests to alter a briefing schedule; or requests to alter a discovery schedule that does not affect dispositive motion filing dates, trial dates, or the final pre-trial conference.' See L.R. 233. Parties shall comply will all procedural requirements set forth in Local Rule 233, including that a motion for administrative relief be accompanied by a proposed order. L.R. 233(a).

Joint Pretrial Statement must be filed 7 days before Final Pretrial Conference and emailed as Word doc.

Source text: The parties’ Joint Pretrial Statement must be filed seven days before the date set for the Final Pretrial Conference and must also be e-mailed as a Word document to: dadorders@caed.uscourts.gov.

Plaintiff must serve this order on all parties unless case came by removal, then defendant serves.

Source text: Counsel for plaintiff shall immediately serve this order on all parties, including any new parties added to the action in the future, unless this case came to the court by noticed removal, in which case defendant shall serve this order on all other parties.

Notice of motion must include a certification that meet and confer efforts are exhausted, plus a brief summary of those efforts.

Source text: A notice of motion shall contain a certification by counsel filing the motion that meet and confer efforts have been exhausted, with a very brief summary of meet and confer efforts.

Proposed orders are not required for most civil motions, but are mandatory for TRO and preliminary injunction motions.

Source text: The parties are not required to submit proposed orders with civil motions set for hearing before Judge Drozd, with the exception that proposed orders shall be submitted with motions for a temporary restraining order and motions for a preliminary injunction.

Proposed orders must be submitted with motions for temporary restraining orders and preliminary injunctions.

Source text: with the exception that proposed orders shall be submitted with motions for a temporary restraining order and motions for a preliminary injunction.

Ex parte applications must indicate if an opposition will be filed and include an affidavit explaining the need for the order, inability to obtain a stipulation, and why the request was not noticed on the motion calendar per Local Rule 230.

Source text: In addition, the document(s) must indicate whether or not an opposition will be filed. The filer shall include an affidavit indicating a satisfactory explanation for the following: (1) the need for the issuance of such an order, (2) the inability of the filer to obtain a stipulation for the issuance of such an order from other counsel or parties in the action, and (3) why such request cannot be noticed on the court's motion calendar as provided by Local Rule 230.

Motions for administrative relief must be accompanied by a proposed order as required by Local Rule 233(a).

Source text: including that a motion for administrative relief be accompanied by a proposed order. L.R. 233(a).

Joint Pretrial Statements (per Local Rule 281) must be filed 7 days before Final Pretrial Conference, include required content clarifications, and prohibit separate statements unless party is pro se.

Source text: In those cases in which Judge Drozd is conducting the Final Pretrial Conference, the parties are required to submit a Joint Pretrial Statement pursuant to Local Rule 281. The parties’ Joint Pretrial Statement must be filed seven days before the date set for the Final Pretrial Conference and must also be e-mailed as a Word document to: dadorders@caed.uscourts.gov. Separate pretrial statements are not permitted unless a party is not represented by counsel. The Joint Pretrial statement must cover all topics detailed in Local Rule 281 with the following clarifications: i. the parties must include a neutral joint statement of case; ii. all duplicative or overlapping exhibits between parties must be listed as joint exhibits on a separate joint exhibit list, identified as JX−1, JX−2, etc.; iii. plaintiff’s exhibits shall be listed numerically, and defendant’s exhibits shall be listed alphabetically; iv. all exhibits must be identified with a reasonable amount of detail (e.g., date, Bates-stamp number, description, estimated page length) so that there is no confusion as to what exhibit is identified; v. all remaining issues (e.g., claims, affirmative defenses, forms of relief) asserted in the action must be stated under the points of law section or identified as an abandoned issue; and vi. motions in limine listed should be limited to those which the parties reasonably anticipate filing.

Plaintiff's counsel must immediately serve this order on all parties (or defendant if case is noticed removal), including newly added parties.

Source text: Counsel for plaintiff shall immediately serve this order on all parties, including any new parties added to the action in the future, unless this case came to the court by noticed removal, in which case defendant shall serve this order on all other parties.

Motion notice must include certification that meet and confer efforts were exhausted with brief summary.

Source text: A notice of motion shall contain a certification by counsel filing the motion that meet and confer efforts have been exhausted, with a very brief summary of meet and confer efforts.

Plaintiff must serve copies of new civil case orders and file certificate of service.

Source text: Concurrently with the service of process, or as soon thereafter as possible, plaintiff(s) shall serve upon each of the parties named herein, and upon all parties subsequently joined, a copy of all new civil case orders issued, and shall file with the Clerk a certificate reflecting such service.

Removing party must serve new civil case orders and file certificate after removal.

Source text: In the event this action was originally filed in a state court and was thereafter removed to this court, the removing party or parties shall, immediately following such removal, serve upon each of the other parties named herein, and upon all parties subsequently joined, a copy of all new civil case orders issued, and shall file with the Clerk a certificate reflecting such service.

Corporate parties must file disclosure statement on initial appearance or filing.

Source text: All non-governmental corporate parties or intervenors must file a corporate disclosure statement on initial appearance, pleading, petition, motion, response, or other request addressed to the court, as required by Fed. R. Civ. P. 7.1(a)(1).

Diversity jurisdiction parties must file disclosure statement on initial appearance or filing.

Source text: In actions where jurisdiction is based under 28 U.S.C. § 1332(a), all parties and intervenors must file a disclosure statement on initial appearance, pleading, petition, motion, response, or other request addressed to the court, as required by Fed. R. Civ. P. 7.1(a)(2).

Proposed consent decrees and findings/conclusions required after bench trial, emailed in Word format.

Source text: In addition, parties shall provide proposed consent decrees where applicable, and proposed findings of fact and conclusions of law following a bench trial. Any such required proposed order shall be submitted in compliance with Local Rule 137(b) and e-mailed in Microsoft Word format to DJCorders@caed.uscourts.gov.

Joint Pretrial Statement required 7 days before final pretrial conference, emailed as Word doc.

Source text: The parties are required to submit a Joint Pretrial Statement pursuant to Local Rule 281. The parties’ Joint Pretrial Statement must be filed seven (7) days before the date set for the Final Pretrial Conference and must also be emailed as a Word document to: DJCorders@caed.uscourts.gov. Separate pretrial statements are not permitted unless a party is not represented by counsel.

Joint Pretrial Statement must include neutral case statement, joint exhibits, detailed exhibit descriptions, and trial length.

Source text: The Joint Pretrial Statement must cover all topics detailed in Local Rule 281 with the following clarifications: (1) the parties must include a neutral joint statement of case; (2) all duplicative or overlapping exhibits between parties must be listed as joint exhibits on a separate joint exhibit list, identified as JX−1, JX−2, etc.; (3) plaintiff’s exhibits shall be listed numerically, and defendant’s exhibits shall be listed alphabetically; (4) all exhibits must be identified with a reasonable amount of detail (e.g., date, Bates-stamp number, description, estimated page length) so that there is no confusion as to what exhibit is identified; (5) all remaining issues (e.g., claims, affirmative defenses, forms of relief) asserted in the action must be stated under the points of law section or identified as an abandoned issue; (6) motions in limine listed should be limited to those which the parties reasonably anticipate filing; and (7) the anticipated length of trial.

Motions in limine prohibited before pretrial conference.

Source text: The parties shall not file motions in limine prior to the pretrial conference.

Supplemental briefs and sur-replies prohibited without prior leave of court.

Source text: Finally, no supplemental briefs or sur-replies shall be filed and will not be considered without prior leave of court.

Pretrial motions must be filed at least 14 days before hearing date.

Source text: Pretrial motions must be filed in writing not less than 14 days before the date the motion is noticed for hearing.

Opposition to motions must be filed within 7 days after motion filing.

Source text: Any opposition to a noticed motion shall be served and filed within seven days after the motion is filed.

Non-opposition to motions requires filing a statement of non-opposition.

Source text: If a party does not oppose a noticed motion, a party must file a statement of non-opposition to that effect.

Replies must be filed within 4 days after opposition deadline.

Source text: Any reply shall be served and filed not more than four days after the opposition is due.

Parties must file timely opposition to be heard at oral argument.

Source text: No party will be entitled to be heard in opposition to a motion at oral argument if that party has not timely filed an opposition to the motion.

Motions for early termination of supervised release must include positions of all parties.

Source text: All motions for early termination of supervised release shall state the positions of Probation, the Defendant, and the United States.

If early termination motion is granted, defendant must file Probation-approved proposed order within 5 days.

Source text: If the Court grants a motion for early termination of supervised release filed by the Defendant, the Defendant shall, within five days, file a proposed order that has been approved by Probation as to form.

Moving parties must include a Statement of Undisputed Facts with their motion for summary judgment.

Source text: Upon filing a motion for summary judgment, the parties shall carefully read Local Rule 260. The moving party shall include a Statement of Undisputed Facts with their motion.

Non-moving parties must reproduce and respond to the moving party's Statement of Undisputed Facts and may file a concise Statement of Disputed Facts.

Source text: The non-moving party shall reproduce and respond to the moving party’s Statement of Undisputed Facts. The non-moving party may also file a concise Statement of Disputed Facts.

Notice of motion must include a certification that meet and confer efforts are exhausted, with a brief summary.

Source text: A notice of motion shall contain a certification by counsel filing the motion that meet and confer efforts have been exhausted, with a very brief summary of meet and confer

Separate pretrial statements prohibited unless party is pro se; must submit Joint Pretrial Statement.

Source text: Separate pretrial statements are not permitted unless a party is not represented by counsel.

Moving parties must reproduce and respond to the non-moving party's Statement of Disputed Facts and may not reply to the non-moving party's response to the Statement of Undisputed Facts.

Source text: The moving party shall reproduce and respond to the non-moving party’s Statement of Disputed Facts, but the moving party may not file a reply to the non-moving party’s response to the Statement of Undisputed Facts.

Proposed orders are required for TRO and preliminary injunction motions before Judge Calabretta, optional for other civil motions; proposed consent decrees and post-bench trial findings are also required where applicable.

Source text: The parties are not required to submit proposed orders with civil motions set for hearing before Judge Calabretta, with the exception that proposed orders shall be submitted with motions for a temporary restraining order and motions for a preliminary injunction. In addition, parties shall provide proposed consent decrees where applicable, and proposed findings of fact and conclusions of law following a bench trial.

Ex parte applications must indicate whether an opposition will be filed.

Source text: In addition, the document(s) must indicate whether an opposition will be filed.

Ex parte applications must include an affidavit explaining the need for the order, inability to obtain stipulation, and why the request cannot be noticed per Local Rule 230.

Source text: The filer shall include an affidavit indicating a satisfactory explanation for the following: (1) the need for the issuance of such an order, (2) the inability of the filer to obtain a stipulation for the issuance of such an order from other counsel or parties in the action, and (3) why such request cannot be noticed on the Court’s civil law and motion calendar as provided by Local Rule 230.

Motion notices must include meet-and-confer certification with summary of efforts.

Source text: A notice of motion shall contain a certification by counsel filing the motion that meet and confer efforts have been exhausted, with a brief summary of the parties’ meet and confer efforts.

Administrative motions must comply with Local Rule 233.

Source text: A party filing a motion relating to administrative matters that require a court order, such as requests to exceed applicable page limitations, requests to shorten time on a motion, requests to extend a response deadline, requests to alter a briefing schedule, or requests to alter a discovery schedule that does not affect dispositive motion filing dates, trial dates, or the final pretrial conference, shall comply with Local Rule 233.

Proposed orders required for certain motions; email in Word format to DCorders@caed.uscourts.gov.

Source text: The parties may submit proposed orders with criminal motions set for hearing before Judge Coggins. If a proposed order is required under relevant authority (such as orders granting early termination of supervised release, see Section IV), it shall be submitted in compliance with Local Rule 137(b) and emailed in Microsoft Word format to DCorders@caed.uscourts.gov.

Proposed orders required for administrative motions, ex parte applications, TROs, preliminary injunctions, and certain rulings.

Source text: Proposed orders are not necessary for most substantive motions, such as motions for summary judgment or motions to dismiss. The parties should submit proposed orders only in connection with administrative motions, ex parte applications, and rulings that call upon the court to make factual findings (such as a motion to approve a class settlement or a motion for attorneys' fees). Parties are required to submit proposed orders with motions for temporary restraining order and motions for a preliminary injunction.

Redlined or highlighted version required with amended pleadings.

Source text: If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Expert designation and report required according to scheduling order.

Source text: All counsel must designate in writing and serve upon all other parties the name, address, and area of expertise of each expert they propose to tender at trial, according to the schedule set forth in the Scheduling Order. A written report prepared and signed by the witness shall accompany the designation. The report shall comply with Federal Rule of Civil Procedure

Joint pretrial statement and witness/exhibit lists must be emailed as Word documents to DCorders@caed.uscourts.gov.

Source text: The joint pretrial statement and witness and exhibit lists must also be emailed as a Microsoft Word document to: DCorders@caed.uscourts.gov.

Joint pretrial statement must address all issues in Local Rule 281 with specific clarifications.

Source text: The joint pretrial statement must address all issues detailed in Local Rule 281 with the following clarifications:

Joint pretrial statement must include a neutral joint statement of case.

Source text: (1) the parties must include a neutral joint statement of case;

Duplicative or overlapping exhibits between parties must be listed as joint exhibits.

Source text: (2) all duplicative or overlapping exhibits between parties must be listed as joint

Counsel must personally appear at the final pretrial conference.

Source text: Counsel are required to personally appear at the final pretrial conference. Counsel are also reminded that pursuant to Federal Rule of Civil Procedure 16(e), at least one attorney who will conduct the trial for each party must appear at the final pretrial conference.

Supplemental briefs and sur-replies require prior leave of court.

Source text: The court will not consider supplemental briefs or sur-replies absent prior leave of court.

Motions for early termination of supervised release must state positions of all parties; defendant must file approved proposed order within 5 days if granted.

Source text: All motions for early termination of supervised release shall state the positions of Probation, the Defendant, and the Government. If the court grants a motion for early termination of supervised release filed by the Defendant, the Defendant shall, within five (5) days, file a proposed order that has been approved by Probation as to form for the court’s review.

Government must state intent to seek immediate remand in sentencing memorandum if defendant is out-of-custody.

Source text: If the Government intends to seek the immediate remand of a Defendant who is out-of-custody at the time of sentencing, the Government must state as such in their sentencing memorandum.

Proposed orders required only for TROs, preliminary injunctions, consent decrees, and bench trial findings.

Source text: The parties are not required to submit proposed orders with civil motions set for hearing before Judge Sherriff, with the exception that proposed orders shall be submitted with motions for a temporary restraining order and motions for a preliminary injunction. In addition, parties seeking a consent decree shall provide a proposed consent decree, and parties shall submit proposed findings of fact and conclusions of law following a bench trial. Any such required proposed order shall be submitted in compliance with Local Rule 137(b) and emailed in Microsoft Word format to kesorders@caed.uscourts.gov.

Ex parte applications require affidavit explaining need, inability to obtain stipulation, and why not on regular calendar.

Source text: Ex parte applications are typically taken under submission by the Court without oral argument, unless otherwise notified. The filer is required to contact the courtroom deputy and the opposing party prior to the filing of the ex parte application to advise that such an application is being made. In addition, the document(s) must indicate whether an opposition will be filed. The filer shall include an affidavit indicating a satisfactory explanation for the following: (1) the need for the issuance of such an order, (2) the inability of the filer to obtain a stipulation for the issuance of such an order from other counsel or parties in the action, and (3) why such request cannot be noticed on the Court’s civil law and motion calendar as provided by Local Rule 230.

Administrative relief motions require compliance with Local Rule 233 and proposed order.

Source text: The parties are required to comply with Local Rule 233 when filing miscellaneous administrative matters. As stated in the rule, such matters may include motions to exceed applicable page limitations, requests to shorten time on a motion, requests to extend a response deadline, and requests to alter a briefing schedule. See L.R. 233. Parties shall comply with all procedural requirements set forth in Local Rule 233, including that a motion for administrative relief be accompanied by a proposed order. L.R. 233(a).

Joint letter must be filed at least 24 hours before telephonic conference.

Source text: 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.

Parties must provide availability for telephonic conference within 3-14 days.

Source text: 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.

Parties must provide landline numbers for telephonic conference.

Source text: The parties shall promptly provide the courtroom deputy with landline numbers where they can be reached at the time of the telephonic conference.

Joint Statements must be filed at least 14 days before hearing or motion will be removed from calendar.

Source text: 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.

Joint Statement must include all arguments, objections, and exhibits as attachments.

Source text: 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.

Meet and confer must be in person, by phone, or video - email is insufficient.

Source text: 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.

Source text: 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.

Judge Claire will not accept routine waivers extending to trial, judgment, or sentencing.

Source text: 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.

Proposed orders must be emailed in Word format with electronic signatures.

Source text: 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.

Briefs over 10 pages require table of contents and table of authorities.

Source text: Any briefing exceeding 10 pages shall include a table of contents and a table of authorities.

Proposed orders must be emailed in Word Perfect or Word format with electronic signatures.

Source text: Proposed Orders: As required by the local rules, counsel shall submit via email, to ckdorders@caed.uscourts.gov, the proposed order accompanying any application, request, stipulation or motion in either Word Perfect or Microsoft Word format. Pursuant to Local Rule 131 (c), the document should include the attorneys' electronic signature(s) (i.e. /s/ First/Last name), as well as the date the document was signed.

Jury will consist of 9 jurors with no alternates; written request required to deviate.

Source text: The jury will consist of 9 jurors with no alternate jurors. Any request to deviate from this practice must be made in writing.

Each side gets 3 peremptory challenges; jury empaneled after two consecutive passes.

Source text: Each side will be given 3 peremptory challenges, which will be made in writing on a peremptory challenges sheet. Peremptory challenges may be used as to any of the 15 potential jurors in the box. If there are two consecutive passes (e.g., pass by Plaintiffs and pass by Defendants), the jury will be empaneled.

Joint filing of proposed jury instructions with TOC, objections noted, and Word copy emailed.

Source text: Proposed jury instructions must be filed jointly in a single document and arranged in the order the parties propose the Court give the instructions. The document shall include a table of contents with page numbers at the beginning of the document. Where a party objects to an instruction, that instruction should be included in the proposed jury instructions with the opposing party’s objection noted. Along with the contested proposed instruction, the opposing party may provide a brief statement of the legal basis for its objection with citation to legal authority and propose an alternate jury instruction, as appropriate. At the time of filing, the parties shall also e-mail a copy of the proposed jury instructions as a Word document to cskorders@caed.uscourts.gov.

When citing depositions, only attach relevant excerpts as exhibits. Entire transcripts must be submitted as courtesy copies to clerk (hard copy) or chambers (email).

Source text: If a party makes reference to or cites a deposition in a filing or a settlement conference statement, the party must simultaneously attach as an exhibit only the excerpts of the relevant portion of the deposition transcript referenced or cited. Entire deposition transcripts should not be filed through CM/ECF. Under Local Rule 133(j), parties are required to submit a courtesy copy of the entire deposition transcript either as a hard copy to the Clerk of Court or as an electronic copy by email to chambers.

Deposition transcripts must be submitted electronically via email with specific subject line format.

Source text: this requirement by submitting the deposition transcript as an electronic copy only by email to CSKorders@caed.uscourts.gov. The email subject line must contain the case number, the words “deposition transcript,” and the last name of the deponent.

Illustrative aids must be marked as exhibits and provided to Court; allowed aids entered into record.

Source text: Pursuant to Federal Rule of Evidence 107, illustrative aids a party may seek to use during trial must be marked with an exhibit label and provided to the Court. Illustrative aids that the Court allows a party to use during trial will be entered into the record.

AI-generated exhibits/illustrative aids require written pre-trial notice and must be identified as AI Generated on exhibit lists.

Source text: Artificial Intelligence (AI) Generated Exhibits and Illustrative Aids: Parties must provide written pre-trial notice of AI generated exhibits and illustrative aids, and such exhibits must also be identified on the exhibit lists submitted by the parties as AI Generated.

Trial counsel and pro se parties must be within 30 minutes of courthouse during jury deliberations.

Source text: For jury trials, during jury deliberations, trial counsel and pro se parties must be within 30 minutes of the courthouse to ensure that they can promptly return to the courthouse.

Defendants released on own recognizance must agree to six standard conditions.

Source text: A defendant released on his or her own recognizance pursuant to this standing order SHALL be required to agree to abide by the following six standard conditions:

US must inform defendants of conditions and obtain written agreement at release.

Source text: The United States SHALL inform the defendant of, and obtain the defendant's written agreement to, these standard conditions at the time of release.

Briefs exceeding 15 pages must include a table of contents and table of authorities.

Source text: Any brief exceeding 15 pages shall include a table of contents and a table of authorities.

Settlement Conference Statements must be confidential and comply with the Court's Order re Settlement Conference.

Source text: Confidential Settlement Conference Statements are MANDATORY from each party, and must comply with the Court's Order re Settlement Conference.

Proposed orders and stipulations must include attorney electronic signatures (/s/First/Last Name) and the date of signing.

Source text: Pursuant to Local Rule 131(c), the documents should include the attorneys’ electronic signatures (i.e. /s/First/Last Name), as well as the date the document was signed.

Joint Scheduling Conference Report must be electronically filed 1 week prior to the conference, with a Word-format email copy sent to fjsorders@caed.uscourts.gov.

Source text: A JOINT Scheduling Conference Report, carefully prepared and executed by all counsel, shall be electronically filed in full compliance with the requirements set forth in the Order setting Mandatory Scheduling Conference, one (1) full week prior to the Scheduling Conference, and a copy shall be e-mailed, in Microsoft Word format, to fjsorders@caed.uscourts.gov.

Confidential Settlement Conference Statements must be submitted to chambers 7 calendar days before the settlement conference.

Source text: Confidential Settlement Conference Statements are mandatory for each party and must be submitted to Judge Singer’s chambers at least seven (7) calendar days prior to the Settlement Conference.

Joint Statement of Discovery Disagreement or LR 251 affidavit must be filed 14 days prior to discovery hearing to avoid cancellation.

Source text: The discovery hearing may be dropped from the calendar without prejudice if the Joint Statement of Discovery Disagreement or an affidavit as required by Local Rule 251 is not filed at least fourteen (14) days before the scheduled hearing date.

Proposed orders and stipulations must include attorney electronic signature (/s/First/Last name) and signing date; unsigned documents are rejected.

Source text: Pursuant to Local Rule 131(c), the documents should include the attorneys’ electronic signatures (i.e. /s/First/Last name), as well as the date the document was signed. Do not submit unsigned documents.

Briefs exceeding 10 pages must include a table of contents and table of authorities.

Source text: Any briefing exceeding 10 pages shall include a table of contents and a table of authorities.

Discovery motions must quote disputed discovery requests and responses, and cannot file transcripts unless ordered.

Source text: v. Formal discovery hearings shall comply with Local Rule 251. Any such motion should (1) quote in full each interrogatory, deposition question, request for admission, or request for production that is in dispute, and (2) state the response or objection and grounds therefor articulated by the opposing party. Unless otherwise ordered, deposition transcripts or discovery papers are not to be filed with the Court.

Proposed orders, applications, requests, stipulations must be emailed in Word format with electronic signature and date.

Source text: In keeping with the Local Rules of the Eastern District, counsel must email to jdporders@caed.uscourts.gov all proposed orders, applications, requests, stipulations, etc., in Microsoft Word format. Per Local Rule 131(a)(c), the emailed document must include the attorney(s)' electronic signature(s) (i.e., "/s/ [Name]"), as well as the date signed. Include the case name and case number in the subject line of all emails.

Documents exceeding page limits without leave will not be considered.

Source text: Pages that exceed the page limits, supplemental briefs, or sur-replies filed without prior leave of court will not be considered.

Objections must be brief and limited to stating the objection and basis; no speaking objections allowed.

Source text: Objections are to be limited to stating "objection" and the basis for the objection ("Objection, leading") or the number of the Federal Rule of Evidence relied upon (e.g., "Objection, Rule 403"). Do not explain or argue the grounds for objections in the presence of the jury unless asked to do so by the Judge. "Speaking Objections" are not allowed and will be overruled.

All remarks must be addressed to the Judge, not opposing counsel; no disparaging remarks allowed.

Source text: Please address all remarks to the Judge, not opposing counsel, and refrain from making disparaging or acrimonious remarks toward opposing counsel or witnesses.

Gum chewing, non-court reading, and noise-making electronics prohibited during court sessions.

Source text: Gum chewing and non-court related reading (such as newspapers or magazines) are prohibited while court is in session. Beepers, cellular telephones and other noise-making electronic equipment must also be placed on silent or turned off while Court is in session.

Motions (e.g., mistrial) must not be made in jury's presence; raise at recess instead.

Source text: Counsel shall not make motions (e.g., a motion for a mistrial) in the presence of the jury. Such matters may be raised at recess.

Counsel must not express personal knowledge or opinion in opening/closing arguments.

Source text: In opening statements and closing arguments to the jury, counsel shall not express counsel's own personal knowledge or personal opinion concerning any matter in dispute.

Stipulation offers/requests must be made privately, outside jury presence.

Source text: Offers of, or requests for, a stipulation should be made privately, outside of the presence of the jury.

Counsel must not refer to excluded evidence or testimony in jury's presence.

Source text: Counsel shall not, in the jury's presence, refer to any matter, witness, exhibit, or testimony that has been excluded by an order granting a motion in limine, or to which an objection was sustained, and/or motion to strike has been granted.

Counsel must provide opposing counsel with next day's witness list before close of business.

Source text: Prior to the close of each business day, counsel shall provide opposing counsel with a list of witnesses counsel intends to call the next day.

Professionalism and civility are mandatory in this courtroom.

Source text: Professionalism and civility are mandatory in this courtroom.

Briefs exceeding 15 pages must include a table of contents and table of authorities.

Source text: Any brief exceeding 15 pages shall include a table of contents and a table of authorities.

Proposed orders and stipulations must include attorney electronic signatures (/s/First/Last Name) and signing date.

Source text: Pursuant to Local Rule 131(c), the documents should include the attorneys’ electronic signatures (i.e. /s/First/Last Name), as well as the date the document was signed.

Witnesses not on Final Trial Witness List may only be called for impeachment/rebuttal, stipulation, motion in limine ruling, or manifest injustice.

Source text: The parties may not call any witness that is not on their Final Trial Witness List unless (1) it is solely for impeachment or rebuttal purposes, (2) the parties stipulate, (3) additional witnesses are required in light of the Court’s ruling on a motion in limine, or (4) it is necessary to prevent “manifest injustice.”

Proposed exhibits must be exchanged 4 weeks before trial; exhibit conference must occur 3 weeks before trial.

Source text: Four (4) weeks prior to trial, the parties shall exchange their proposed exhibits. No later than three (3) weeks before trial, the parties’ counsel shall meet and conduct an exhibit conference to pre-mark and examine trial exhibits and to prepare exhibit lists

Exhibit List and pre-marked exhibits in binders must be filed 1 week before trial.

Source text: One (1) week prior to trial, the parties must file their Exhibit List and submit their pre-marked exhibits in binders.

Trial briefs must be filed one week before trial and comply with Local Rule 285.

Source text: One (1) week before trial, the parties shall file their trial briefs. The form and content of the trial brief must comply with Local Rule 285.

Joint proposed jury instructions must be filed one week before trial; individual instructions served three weeks before trial.

Source text: One (1) week prior to trial, the parties shall file their joint proposed jury instructions with the Court. However, prior to that filing, three (3) weeks before trial, the parties shall serve their proposed jury instructions on each another.

Each party may file up to 10 disputed jury instructions one week before trial.

Source text: If any party proposes additional jury instructions that are not agreed upon by all parties, such proposed jury instructions shall be filed with the Court no later than one (1) week before trial. Each party may file up to ten (10) proposed jury instructions and identify such as jury instructions upon which all parties could not agree. Unless prior leave is granted, the Court will not consider additional proposed jury instructions beyond the first ten (10).

Proposed jury instructions must include party designation, sequential numbering, title, text, and legal authority citation.

Source text: Proposed jury instructions shall (1) indicate the party submitting the instruction (i.e., joint/agreed-on, Plaintiff’s or Defendants’), (2) be numbered sequentially, (3) include a brief title for the instruction describing the subject matter, (4) include the text of the instruction, and (5) cite the legal authority supporting the instruction.

Modified jury instructions must highlight changes in italics/underlining and cite legal authority.

Source text: If any party proposes a jury instruction that departs from the language used in the Ninth Circuit Model Jury Instructions, CACI, BAJI or other source of jury instructions, that party shall, by italics or underlining, highlight the differences in language and must cite the legal authority supporting the modification.

Written objections to disputed jury instructions must be filed and served by Thursday before trial.

Source text: No later than the Thursday before trial, the parties shall file and serve written objections to any disputed jury instructions proposed by another party.

Proposed voir dire questions must be filed 1 week before trial.

Source text: One (1) week before trial, the parties shall file their proposed voir dire questions, if any.

Letter briefs must be filed in ECF and emailed to saborders@caed.uscourts.gov.

Source text: The letter brief shall be both filed with the Court (in ECF under “Civil Events”; “Other Filings”; “Other Documents”; “Informal Discovery Dispute Letter Brief”) and emailed to saborders@caed.uscourts.gov before the applicable deadline.

All parties must be cc’d on email with letter brief attached.

Source text: All parties must be cc’d on the e-mail with the letter brief attached.

Failure to timely submit letter brief results in vacated conference and sanctions.

Source text: Failure to timely submit a letter brief will result in the informal video conference being vacated and sanctions against any responsible parties.

Criminal trial subpoena requests must include a proposed order.

Source text: Such requests and proposed order shall be submitted in Microsoft Word to the attention of Senior Judge William B. Shubb at his email as follows: WBSorders@caed.uscourts.gov.

Nongovernmental corporate parties in civil actions must file a corporate disclosure statement with any first appearance, pleading, petition, motion, response, or other court request per FRCP 7.1, with potential sanctions for non-compliance.

Source text: All parties in a civil action shall adhere to Judge Shubb's order setting the Initial Scheduling Conference, which REQUIRES that a nongovernmental corporate party has the obligation to file a corporate disclosure statement WITH ANY FIRST APPEARANCE, pleading, petition, motion, response or other requests addressed to the court, pursuant to Federal Rule of Civil Procedure 7.1. Failure to comply with this requirement may result in sanctions being ordered against any nongovernmental corporate party that did not submit its corporate disclosures.

Counsel must submit written request, proposed order, and slides to seek leave for PowerPoint presentation during oral argument; personal devices allowed without slides.

Source text: PowerPoint Presentations (During Oral Argument): Counsel are required to submit a written request and proposed order seeking leave to present a PowerPoint presentation during oral argument well in advance of the scheduled motion hearing, along with copies of the presentation slides. Once the court grants this request, counsel will then be allowed to bring in the electronic equipment and presentation. [The Court has several means of connections to hook up your laptop, tablet, iPad, or if you want to use hard copies, we also have the ELMO (all of which project onto the court's monitors).] Counsel are permitted to utilize personal laptops, tablets and iPads (without presentation slides) to assist themselves during oral argument.

Proposed orders must include attorney electronic signature (/s/ First/Last name) and signing date per Local Rule 131(c).

Source text: Pursuant to Local Rule 131(c), the document should include the attorneys' electronic signature(s) (i.e. /s/ First/Last name), as well as the date the document was signed.

Large quantity documents not e-filed require a separate e-filed Notice of Lodging specifying submission method.

Source text: Any large quantity documents (i.e. exhibits, audio/video clips, deposition transcripts, etc.) not e-filed through CM/ECF require the separate e-filing of a "Notice of Lodging With the Court" indicating the manner in which they were submitted (i.e. "Box" app, flashdrive, CD, DVD, hard copy).

Documents uploaded to Box App require separate e-filing of a Notice of Lodging With the Court.

Source text: Any documents uploaded to the "Box" app require the separate e-filing of a "Notice of Lodging With the Court" of said documents indicating that they were uploaded to the "Box" app for Judge Shubb's Chambers.

Stipulation and proposed order must be submitted for early settlement conference requests.

Source text: Thereafter, Judge Shubb will require the parties to submit a stipulation and proposed order for any requests for an early settlement conference.

Joint Status Report must include a statement regarding scheduling conference appearance preference.

Source text: the parties shall include a statement in their Joint Status Report advising whether they prefer to appear at a scheduling conference or are satisfied to have the court issue a Status (Pretrial Scheduling) Order based on their Joint Status Report.

Counsel must notify the courtroom deputy upon settlement, then immediately file a Notice of Settlement including disposition timeframe and motion withdrawal language if applicable.

Source text: Counsel are required to notify the courtroom deputy once an action has settled, and thereafter, immediately file a Notice of Settlement pursuant to Local Rule 160, which shall include a timeframe for when the disposition documents (stipulated dismissal) will be filed. If any motions are pending at the time of the filing of the notice of settlement, counsel shall include language in the notice of settlement withdrawing the motion(s).

Ex parte application documents must indicate whether an opposition will be filed.

Source text: In addition, the document(s) must indicate whether or not an opposition will be filed.

Ex parte applications and TROs must include an affidavit explaining the need for the order, failure to obtain stipulation, why not noticed per Local Rule 230, and TRO notification attempts.

Source text: The filer shall include an affidavit indicating a satisfactory explanation for the following: 1) the need for the issuance of such an order; 2) the failure of the filer to obtain a stipulation for the issuance of such an order from other counsel or parties in the action, 3) why such request cannot be noticed on the court's motion calendar pursuant to Local Rule 230, and 4) If a TRO, the filer shall notify the court of any attempts made to notify the opposing party of such filing.

Requests to waive defendant's presence at a hearing must include a proposed order for court approval.

Source text: Effective immediately, Judge Shubb now requires that this request be submitted with a proposed order for his approval.

Waiver of defendant's presence requests and proposed orders must include the signatures of the defendant and attorney.

Source text: Counsel shall e-file the document and proposed order as a request, to include the defendant and the attorney's signature.

For open pleas or no plea agreement, a memorandum must be filed discussing the defendant's intended plea, factual basis, maximum sentence, fines/penalties, sentencing guidelines, and offense elements.

Source text: As required by Judge Shubb, the government or defendant is to file a memorandum that discusses what the defendant intends to plea to, the factual basis, the maximum sentence, any fines and penalties, the sentencing guidelines, elements of the offense (items that are usually included in a plea agreement).

Supplemental briefs and sur-replies require prior leave of court.

Source text: The court will not consider supplemental briefs or sur-replies absent prior leave of court.

Exhibits and attachments to joint letter brief are discouraged.

Source text: 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.

Anticipate trial problems and address them outside jury presence; motions in limine encouraged; bench conferences require permission.

Source text: Counsel should try to anticipate problems that will arise during trial and take them up with the Court and opposing counsel out of the presence of the jury. Appropriate motions in limine in advance of trial are encouraged. If during trial it becomes necessary for an attorney to confer with the Court at the bench, the Court's permission should be obtained.

All motions must be noticed for hearing; no date clearing required.

Source text: All motions shall be noticed for hearing. It is not necessary to clear a date prior to scheduling a civil law and motion matter for hearing.

Judge Drozd does not issue tentative rulings.

Source text: Judge Drozd does not issue tentative rulings.

Proposed orders not required for civil motions except for TROs and preliminary injunctions.

Source text: The parties are not required to submit proposed orders with civil motions set for hearing before Judge Drozd, with the exception that proposed orders shall be submitted with motions for a temporary restraining order and motions for a preliminary injunction.

Proposed consent decrees and findings of fact/conclusions of law required where applicable.

Source text: In addition, parties shall provide proposed consent decrees where applicable, and proposed findings of fact and conclusions of law following

Proposed orders not required for civil motions except TRO and preliminary injunction.

Source text: The parties are not required to submit proposed orders with civil motions set for hearing before Judge Calabretta, with the exception that proposed orders shall be submitted with motions for a temporary restraining order and motions for a preliminary injunction.

Proposed orders generally not required for criminal motions, but required for early termination of supervised release.

Source text: The parties are generally not required to submit proposed orders with criminal motions set for hearing before Judge Calabretta. If a proposed order is ever required (such as for orders granting early termination of supervised release, see Section VII), it shall be submitted in compliance with Local Rule 137(b) and e-mailed in Microsoft Word format to DJCorders@caed.uscourts.gov.

Multi-page exhibits must be internally paginated starting at page 1.

Source text: Multi-page exhibits shall be internally paginated beginning with the number one; references to those exhibits shall refer to the exhibit designation and page number (i.e., Ex. 1 at 11.).

Plaintiff must serve this order on all parties unless by noticed removal, then defendant serves.

Source text: Counsel for plaintiff shall immediately serve this order on all parties, including any new parties added to the action in the future, unless this case came to the court by noticed removal, in which case defendant shall serve this order on all other parties.

Judge Sherriff does not issue tentative rulings.

Source text: Judge Sherriff does not issue tentative rulings.

Court issues minute order with telephonic conference time and date.

Source text: The court will then issue a minute order advising counsel of the time and date of the telephonic conference.

Early resolution of discovery disputes outside formal procedures is encouraged.

Source text: Judge Claire encourages early resolution of discovery disputes outside the formal Local Rule 251 procedures.

Parties encouraged but not required to share settlement conference statements.

Source text: Parties are strongly encouraged, but not required, to share all or part of their settlement conference statements with each other.

15 potential jurors will be in the jury box.

Source text: The box will be filled with 15 potential jurors.

Each side typically gets 20 minutes for additional voir dire.

Source text: At the Court’s discretion, each side will typically be given 20 minutes to conduct additional voir dire after the Court performs its voir dire.

Court will give specific Ninth Circuit Model Civil Jury Instructions as preliminary instructions.

Source text: The Court will give the following Ninth Circuit Model Civil Jury Instructions as preliminary instructions to the jury: 1.2 & 1.3 – Duty of Jury (modified, no written copies) 1.5 – Claims and Defenses 1.6 or 1.7 – Burden of Proof 1.9 – What is Evidence 1.10 – What is Not Evidence 1.12 – Direct and Circumstantial Evidence 1.13 – Ruling on Objections 1.14 – Credibility of Witnesses 1.15 – Conduct of the Jury

New Arrest Notification Form must be emailed to BKNA to set court calendar.

Source text: To set the matter on the Court’s calendar, complete and e‐mail the New Arrest Notification Form to the BKNA e‐mail address as noted on the form. The e‐mail distribution list will notify the affected agencies (i.e., federal defender, pretrial services, probation, U.S. Marshals, etc.)

Opening/closing statements may be divided among multiple counsel with court permission.

Source text: Upon obtaining prior permission of the court, motions, the opening statement, or closing argument may be divided among counsel if a party has more than one trial counsel, if different subjects are addressed by counsel.

Administrative Records and large quantity documents should be lodged in electronic format (CD or flashdrive) per Local Rule 138(b).

Source text: Pursuant to Local Rule 138(b), parties shall, if possible, lodge with the court in electronic format (i.e. a CD or flashdrive) the Administrative Record or any other large quantity documents, audios or videos.