Judge David M. Cohen
Individual Rules, Standing Orders & Policies
Adjournments
- The Court will grant an adjournment of the initial scheduling order at the early scheduling conference.
- The Court will not grant adjournments of the amended scheduling order issued after the early scheduling conference.
- The Court accepts one stipulation to adjourn the amended scheduling order's discovery cutoff if it does not interfere with the settlement conference or trial date.
- +1 more
Request must include
Communication
Phone
Chambers
Phone
Court-wideClerk
Phone
Court-wideDocument Format Requirements1 rule
Counsel must mark exhibits before trial.
Exhibits must be marked by counsel prior to trial
Document Filing Requirements7 rules
The parties must file joint proposed jury instructions, requested special instructions, and any objections to the requested instructions.
Further, the parties must file joint proposed jury instructions, any special instructions being requested and any objections to the requested instructions.
Document Type
Jury Instructions
Each party must electronically file proposed motions in limine at least seven days before the final pretrial or settlement conference.
At least seven days prior to the Court’s scheduled final pretrial and/or settlement conference each party to the Case must eFile a list of proposed motions in limine and proposed jury instructions.
Document Type
Proposed Motions In Limine
A written emergency motion must state good cause.
For an “emergency motion” to be considered, a written motion setting forth “good cause” must be eFiled.
Document Type
Emergency Motion
Parties must file a notice of hearing and praecipe for a chosen Wednesday and indicate that the motion will be heard via Zoom at 9:00 a.m.
Parties must file a notice of hearing and praecipe for the Wednesday of their choice and indicate the motion is to be heard via Zoom at 9:00 a.m.
Document Type
Notice Of Hearing And Praecipe
A motion must be accompanied by a notice of hearing and praecipe selecting a Wednesday and stating that the Zoom hearing is at 9:00 a.m.
Parties must file a notice of hearing and praecipe for the Wednesday of their choice and indicate the motion is to be heard via Zoom at 9:00 a.m.
Document Type
Motion
Motions must concisely state their basis, supporting facts, and supporting authority.
All motions and briefs shall succinctly and concisely set forth their basis, facts in support and authority.
Document Type
Motion
The parties must exchange exhibits and stipulate to them before trial.
The parties are required to exchange and stipulate to exhibits in advance of trial.
Document Type
Trial Exhibits
Filing & Service rules
Electronic Filing Rules
An emergency motion must be a written motion stating good cause and electronically filed.
For an “emergency motion” to be considered, a written motion setting forth “good cause” must be eFiled.
Page 1 | Protocol
Civil cases, criminal cases, and appeals must be electronically filed through MiFile.
All civil cases, criminal cases, and appeals are to be electronically filed through the MiFile system.
Page 1 | Protocol
Civil cases, criminal cases, and appeals must be filed electronically through MiFile.
All civil cases, criminal cases, and appeals are to be electronically filed through the MiFile system.
Page 1 | eFiling
Court orders are served through MiFile, and the Court will not excuse noncompliance by a party that failed to set itself up as a MiFile recipient.
The Court’s orders are served on the parties through MiFile and the Court will assume that parties are receiving Court orders and will not excuse non-compliance with a Court order because an attorney or, a self-represented party, failed to set themselves up as a recipient in MiFile.
Page 1 | eFiling
Attorneys and self-represented parties must be properly set up in MiFile and receive filing notifications.
Attorneys, and self-represented parties, are to ensure they are properly set up in the MiFile system and are receiving notifications when documents are filed into the case file.
Page 1 | eFiling
An emergency motion must be a written, electronically filed motion alleging good cause; oral or emailed emergency requests will not be considered.
For an “emergency motion” to be considered, a written motion setting forth “good cause” must be efiled. Oral or emailed requests for an emergency motion will not be considered.
Page 2 | Emergency Motions
The appellant must secure electronic filing of the appellate record and any transcript.
The appellant is responsible for securing the filing of the record from the trial court or agency and any transcript.
Page 3 | Appeals
The Court permits arraignments by mail only with the Court's prior permission.
The Court will accept arraignments by mail with the Court’s prior permission.
Page 1 | Protocol
Filing Timing and Cure Windows
The proposed motions-in-limine and jury-instructions filing deadline is at least seven days before the final pretrial or settlement conference.
At least seven days prior to the Court’s scheduled final pretrial and/or settlement conference each party to the Case must eFile a list of proposed motions in limine and proposed jury instructions.
Page 1 | Protocol
All motions must be filed and heard at least 30 days before the party's scheduled final pretrial or settlement conference.
Motions may be filed during the pendency of litigation; however, all motions must be filed and heard at least thirty days before the party’s scheduled final pretrial and/or settlement conference.
Page 1 | Protocol
Motions must be filed and heard at least 30 days before the final pretrial or settlement conference; later motions are waived.
However, all motions must be filed and heard at least thirty days before the party’s scheduled final pretrial and/or settlement conference. Motions not filed and heard at least 30 days prior to the final pretrial/settlement conference will be considered waived.
Page 2 | Motion Practice
At least seven days before the scheduled final pretrial and/or settlement conference, each party must electronically file its proposed motions in limine and proposed jury instructions.
At least seven days prior to the Court’s scheduled final pretrial and/or settlement conference each party to the Case must efile a list of proposed motions in limine and the party’s proposed jury instructions.
Page 3 | Motions in Limine and Proposed Jury Instructions
For civil cases, the Case Management Office issues an initial scheduling order approximately 75 days after the complaint is filed, setting an early scheduling conference.
The Case Management Office issues an initial scheduling order for all civil cases approximately 75 days after the complaint is filed and this initial order will set an early scheduling conference.
Page 1 | Scheduling Orders and Early Scheduling Conferences
A party that fails to file its proposed list waives all of its motions in limine.
Failure to file the proposed list will result in the waiver of all motions in limine by the party not in compliance with the Court’s order.
Page 3 | Motions in Limine and Proposed Jury Instructions
Service and Proof of Service Rules
Court orders are served through MiFile, and the Court assumes parties receive them and will not excuse non-compliance based on failure to set up MiFile.
The Court’s orders are served on the parties through MiFile and the Court will assume that parties are receiving Court orders and will not excuse non-compliance with a Court order because an attorney or, a self-represented party, failed to set themselves up as a recipient in MiFile.
Page 1 | Protocol
Counsel must email a copy of the filed motion to Judge Cohen’s Judicial Assistant.
Counsel must email a copy of their filed motion to Judge Cohen’s Judicial Assistant, Lauren Hurst at hurstl@oakgov.com.
Page 2 | Emergency Motions
Adjournment & Extension Requirements
The Court will not grant adjournments of the amended scheduling order issued after the early scheduling conference.
The Court will not grant adjournments of the amended scheduling order issued after the ESC.
Page 1 | Protocol
Scheduling-order dates will not be extended by stipulation; any extension requires a motion showing good cause through specific facts, and delayed discovery is not good cause.
Due to the time spent with parties at the early scheduling conference and the wide latitude given, the Court will not accept stipulations to adjourn scheduling orders and will only adjourn dates based on good cause, demonstrated through a motion setting forth specific facts. Failure to promptly provide or pursue discovery is not considered good cause by this Court.
Page 1 | Scheduling Orders and Early Scheduling Conferences
The Court accepts one stipulation to adjourn the amended scheduling order's discovery cutoff if it does not interfere with the settlement conference or trial date.
The Court will accept one (1) stipulation to adjourn the discovery cut-off set forth in the amended scheduling order if the adjournment does not interfere with the settlement conference and trial date.
Page 1 | Protocol
The Court will grant an adjournment of the initial scheduling order at the early scheduling conference.
The Court will grant an adjournment of the initial scheduling order at the ESC.
Page 1 | Protocol
Chambers Communication Rules
A participant expecting to be more than 15 minutes late must immediately call chambers to inform staff.
If you expect to be more than 15 minutes late, you must call chambers immediately to inform the staff.
Page 1 | Protocol
A person expecting to be more than 15 minutes late for a scheduled criminal hearing must immediately call chambers to notify staff.
If you expect to be more than 15 minutes late, you must call chambers immediately to inform the staff.
Page 4 | Criminal Matters