Judge P. Casey Pitts
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Requests to continue hearings or CMCs must be made 72 hours in advance.
- Page limit enlargement requests must be submitted 72 hours in advance with specific opposition deadline.
- Extension requests must be submitted 72 hours in advance with justification, history of previous requests, and proposed order.
- Motions for remote hearings by Zoom must be filed one week in advance.
- Counsel shall, by 6:00 P.M. on the day preceding each trial day, notify the Court of: (1) the list of planned witnesses in the order that they will be called, (2) the list of any exhibits to be offered and whether the parties stipulate to their admissibility and authenticity, and (3) a separate list of any objections to witnesses or exhibits that may be called or offered into evidence.
- Objections to exhibits due by 5:00 PM day before witness testimony.
- Remote appearance requests must be made by administrative motion at least one week in advance.
- Parties may stipulate to a motion briefing schedule that differs from the default. Allow at least 14 days between the final filing and the hearing.
- Hearings on motions for summary judgment or substantive motions in patent cases should allow 21 days.
- Deposition objections due 2 days before trial.
- Deposition excerpts due 5 days before trial (except impeachment/rebuttal).
Communication
Chambers
Page & Word Limits7 rules
Joint Pretrial Statement. In advance of the pretrial conference, the parties shall submit a joint statement of up to 10 pages including the following:
Joint Pretrial Statement
10 pages
Up to five motions in limine per side, 5-page briefing limit, no reply briefs.
Each side may submit up to five motions in limine, each addressing a single, separate topic. Motions shall be identified as "[Party's] Motion in Limine No. [number] re: [topic]." Briefing is limited to five pages per side, and reply briefs are not permitted.
Motion In Limine
5 pages
Applies to: Attorney
If so, only four briefs will be allowed: o plaintiff(s) opening brief of up to 25 pages; o defense opening/opposition brief of up to 25 pages; o plaintiff opposition/reply brief of up to 20 pages; and o defense reply brief of up to 15 pages.
Plaintiff Opening Brief
25 pages
Defense Opening Opposition Brief
25 pages
Plaintiff Opposition Reply Brief
20 pages
Defense Reply Brief
15 pages
The response should add no more than five (5) pages to the statement and must be organized as identified in Attachment A.
Separate Statement Response
5 pages
The initial statement shall be no more than 15 pages and must be organized as identified in Attachment A.
Separate Statement
15 pages
The reply shall not introduce any new asserted material facts, and shall add no more than three (3) pages to the statement.
Separate Statement Reply
3 pages
Requests to enlarge page limits are rarely granted.
Document Format Requirements6 rules
File each motion, supporting declaration, and exhibit on ECF as a separate searchable PDF with a clear name and description.
Use absolute dates (e.g., Jan. 1, 2024) rather than relative ones (e.g., 60 days after an order).
Must use Ninth Circuit Model Jury Instructions with redlines/highlights for deviations
The parties must use the Ninth Circuit Model Jury Instructions whenever possible. Proposed deviations from the model instructions, no matter how minor, must be clearly identified by redlined or highlighted copy and supported by authority.
Exhibits shall be numbered (not lettered) sequentially, with each exhibit identified as "Trial Exhibit No. [number]."
Citations in final separate statement must reference docket number and ECF page number in specified format.
All citations in the final Statement must reference the docket and include the correct page number as shown in the blue ECF header at the top of the document. All citations should follow this format: o [Exhibit Name and pin cite], Dkt. No. [X], at [ECF page number].
Footnotes must be in at least 12-point type and should be used sparingly.
Document Filing Requirements45 rules
Attach as an exhibit to any amended or proposed amended pleading a redlined document showing the changes made to the previously filed pleading.
DocumentAmended Pleading
Citations and factual assertions must be completely accurate. Misrepresentations of law or fact, however subtle, may result in sanctions.
DocumentMotion
Motions to Exclude Expert Testimony must be filed by the dispositive motions deadline.
DocumentMotion To Exclude Expert Testimony
Object to evidence within briefs. Do not file separate pleadings.
DocumentMotion
If multiple parties file separate opposition briefs to a motion, the moving party must file a single consolidated reply brief complying with the default page limits.
DocumentReply Brief
Joint Case Management Statements are due 7 days before the conference.
DocumentJoint Case Management Statement
Proposed orders required for administrative motions, ex parte applications, and motions seeking specific relief.
Proposed Orders. File proposed orders on ECF as PDFs and email Word versions to pcppo@cand.uscourts.gov. Proposed orders are only necessary for administrative motions, ex parte applications, and motions seeking specific relief.
DocumentProposed Order
Send any demonstratives to opposing counsel and Judge Pitts's CRD (via email) 48 hours in advance.
DocumentDemonstratives
Class action settlement motions must follow specific guidelines and include an appendix.
Parties submitting motions for preliminary or final approval of class action settlements must follow these guidelines: https://cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/. Parties should include an appendix with their brief that responds to the specific requirements outlined in the guidelines.
DocumentClass Action Settlement Motion
Proposed orders for injunctive relief must be filed on ECF (PDF) and emailed (Word) to specific address.
Proposed orders submitted in connection with motions for injunctive relief should state the specific relief sought. Proposed orders must be both filed on ECF in PDF form and emailed in Word form to pcppo@cand.uscourts.gov. Orders submitted only by email are not deemed filed and may not be seen by the Judge.
DocumentProposed Order
Proposed orders required only for administrative motions, ex parte applications, and motions seeking specific relief or factual findings.
Proposed orders are not necessary for most substantive motions, such as motions for summary judgment and motions to dismiss. File proposed orders only in connection with administrative motions, ex parte applications, and motions that ask for specific relief (e.g., a motion for a preliminary injunction or an application for a temporary restraining order) or factual findings (e.g., a motion to approve a class settlement or for attorneys’ fees).
DocumentMotion
Plea agreements must be emailed to Courtroom Deputy by 2:00 p.m. Monday before plea; open pleas require notification by same deadline.
If a plea is being entered pursuant to a plea agreement, government counsel shall email a copy of the plea agreement to Judge Pitts’s Courtroom Deputy Nicole Coleman at United States District Court pcpcrd@cand.uscourts.gov by 2:00 p.m. the Monday before the plea is to be entered. If there is to be an open plea, counsel for the defendant shall notify the Court by 2:00 p.m. the Monday before the plea is to be entered.
DocumentPlea Agreement
Joint pretrial conference statement required 7 days before pretrial conference, addressing 15 issues, with attached jury instructions, voir dire, exhibits, and stipulations.
Counsel shall comply with Local Rule 17.1-1(b) and file a joint pretrial conference statement not less than seven days prior to the pretrial conference addressing all fifteen issues identified therein. Counsel shall meet and confer in advance on proposed jury instructions, voir dire questions, exhibits, and stipulations, all of which must be attached to their joint pretrial conference statement. Counsel should be prepared to discuss with the Court any anticipated evidentiary objections and any means for shortening and simplifying the trial. Counsel should submit an agreed upon set of additional requested voir dire questions to be posed by the Court. Any voir dire questions on which counsel cannot agree shall be submitted separately.
DocumentJoint Pretrial Conference Statement
The parties must attach to their pretrial conference statement a joint set of jury instructions ordered in logical sequence and accompanied by a table of contents.
DocumentPretrial Conference Statement
Disputed instructions must be marked 'disputed' with concise argument and authority
Any instruction on which the parties disagree should be marked as “disputed” and in the place where the proposing party believes the instruction should be given. Disputed instructions must be followed by concise argument and authority in support of and against the use of the instruction.
DocumentJury Instructions
Special instructions, if any, must be complete, accurate, balanced, clear, and non-argumentative.
DocumentSpecial Instructions
Parties must file joint trial availability statement one week before trial setting conference.
Joint Trial Availability Statement. At least one week before the trial setting conference, the parties shall file a joint statement specifying their joint availability for trial and an estimate of the total number of hours or days needed for trial.
DocumentJoint Trial Availability Statement
Single joint filing required for all trial exhibits and expert reports.
Joint Filing of Trial Exhibits. The parties shall prepare a single set of all trial exhibits, expert reports of testifying experts, and deposition transcripts of testifying witnesses that will be the official record and, if applicable, used on appeal.
DocumentJoint Filing Of Trial Exhibits
Proposed verdict form: A single agreed upon proposed verdict form if possible, or separate proposed verdict forms if the parties cannot reach agreement.
DocumentProposed Verdict Form
Parties must meet and confer in person before submitting trial exhibits.
Before submitting trial exhibits, the parties shall meet and confer in person to consider exhibit numbers, eliminate duplicates, and minimize confusion, and make a good faith effort to stipulate to admissibility.
DocumentTrial Exhibits
Preliminary statement: A one-paragraph joint statement of the case to be read at voir dire.
DocumentPreliminary Statement
Proposed jury instructions: A joint set of proposed jury instructions. Proposed instructions should follow the Ninth Circuit Model Jury Instructions to the extent possible, and any deviations must be indicated.
DocumentProposed Jury Instructions
Proposed jury questions: A list of up to nine agreed-upon questions to be asked in the online questionnaire that will be sent to prospective jurors before jury selection.
DocumentProposed Jury Questions
At minimum, absent a legitimate objection, the parties shall make every effort to stipulate to authenticity and foundation.
DocumentTrial Exhibits
Agreed-upon voir dire questions requiring yes/no answers.
Proposed voir dire questions: A list of agreed upon-questions to be posed by the Court after initial voir dire. The parties should formulate these questions such that they require only "yes"/"no" answers enabling jurors to raise their hands in response.
DocumentProposed Voir Dire Questions
List of involved individuals: A list of all people involved in this case (including counsel, parties, and potential witnesses) to be shared during jury selection.
DocumentList Of Involved Individuals
Joint motion required for special equipment in courthouse.
If the parties plan to bring special equipment into the courthouse (e.g., printers, monitors, other large objects or unusual technology), the parties must submit a joint administrative motion seeking permission to bring in said special equipment.
DocumentSpecial Equipment Motion
The parties must provide agreed- upon transcripts of any audio or video exhibits used at trial by the day offered.
DocumentAudio Video Exhibits
The parties shall also email pcppo@cand.uscourts.gov and pcpchambers@cand.uscourts.gov an editable spreadsheet identifying the deposition page and line number(s) for each objection.
DocumentDeposition Objections
At least five days prior to the commencement of trial, the parties shall deliver to the Courtroom Deputy two USB drives that each contain one set of exhibits, with each exhibit as a separate file.
DocumentExhibits
The Court security officers will not permit entrance of special equipment without a court order.
DocumentSpecial Equipment
No exhibits may be submitted with the letter other than any discovery request or response that is the subject of the letter.
DocumentJoint Discovery Letter
The parties should plan to make such paper copies available for the Court’s use if requested.
DocumentExhibits
Objections to evidence must be contained within the objecting party’s brief. Judge Pitts does not consider objections filed as a separate pleading.
DocumentBrief
Each separate statement must include an attestation signed by counsel or unrepresented party with specific language.
Each separate statement must be signed by counsel or unrepresented party who has reviewed the document and attests as follows: I attest that the evidence cited herein fairly and accurately supports or disputes the facts as asserted.
DocumentSeparate Statement
Upon filing any motion for summary judgment, the moving party shall provide a Separate Statement of Undisputed Facts to all other parties in a word-processing format. The statement should not be filed on the docket at that time.
DocumentSeparate Statement
The initial statement shall be no more than 15 pages and must be organized as identified in Attachment A.
DocumentSeparate Statement
The separate statement shall not include any supporting argument or be used to circumvent applicable page limits. Facts that are not cited in the summary judgment briefs will not be considered.
DocumentSeparate Statement
The response should add no more than five (5) pages to the statement and must be organized as identified in Attachment A.
DocumentSeparate Statement Response
The reply shall not introduce any new asserted material facts, and shall add no more than three (3) pages to the statement.
DocumentSeparate Statement Reply
Submit a joint appendix of evidence if possible. Where each party relies on the same exhibit, cite an already filed exhibit rather than filing a duplicate.
DocumentJoint Appendix
Rule 15 requires the Court to “freely give leave” to amend “when justice so requires.” Do not unreasonably withhold consent to amendment.
DocumentAmendment
Cases will generally not be referred for a settlement conference with a magistrate judge unless the parties have already completed a different form of ADR.
Judge Pitts prefers Westlaw citations.
DocumentMotion
The attorney appearing at a CMC need not be lead counsel but must have full authority to make decisions about any issue that may arise.
DocumentCase Management Conference
Filing & Service rules
Filing Timing and Cure Windows
Joint discovery letter must be filed no more than 7 days after the discovery cutoff.
The letter must be filed as soon as possible, but under no circumstances may it be filed more than 7 days after the applicable discovery cutoff, per Civil Local Rule 37-3.
Civil cases
Page 1 | Standing Order Regarding Discovery Disputes Not Referred to the Magistrate Judge
Parties must stipulate to a briefing schedule that allows at least 21 days between the final filing and the hearing.
Stipulate in advance to a schedule that allows at least 21 days between the final filing and the hearing.
Civil cases
Page 1 | SCHEDULE
Courtesy Copy Requirements
Chambers copies shall not be submitted unless the Court requests them. The Court may at times specifically order the parties to provide digital chambers copies on portable media (e.g., a CD or flash drive). In rare instances, the Court may request paper chambers copies for particularly voluminous filings. If the Court does so, the chambers copies should be double-sided (when possible) and three-hole punched along the left side of the page, and should bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of the page. All exhibits shall be clearly delineated with labels along the right side. If the filing includes exhibits over two inches thick, the parties shall place the paper chambers copies in a binder. The chambers copies shall be marked “Chambers Copy” and submitted to the Clerk’s Office, in an envelope marked with “Judge Pitts,” the case number, and “Chambers Copy.”
Chambers copies shall not be submitted unless the Court requests them. The Court may at times specifically order the parties to provide digital chambers copies on portable media (e.g., a CD or flash drive). In rare instances, the Court may request paper chambers copies for particularly voluminous filings. If the Court does so, the chambers copies should be double-sided (when possible) and three-hole punched along the left side of the page, and should bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of the page. All exhibits shall be clearly delineated with labels along the right side. If the filing includes exhibits over two inches thick, the parties shall place the paper chambers copies in a binder. The chambers copies shall be marked “Chambers Copy” and submitted to the Clerk’s Office, in an envelope marked with “Judge Pitts,” the case number, and “Chambers Copy.”
Criminal cases
Page 1 | CHAMBERS COPIES
Do not submit chambers copies unless specifically requested.
Do not submit chambers copies unless requested.
Civil cases
Page 2 | MOTIONS & BRIEFING
Sealing & Redaction Procedures
Multiple sealing motions must be consolidated into a single joint motion.
If the briefing on a substantive motion includes multiple sealing motions, Judge Pitts requires a single joint motion that consolidates all requests.
Civil cases
Page 3 | SEALING MOTIONS
Sealing motions must comply with Local Rule 79-5 and provide specific arguments for sealing.
Any motion to seal must comply with Local Rule 79-5 and state whether the compelling reasons or good cause standard applies and why. Make arguments specific to the portions of documents sought to be sealed. Blanket or generic statements like “competitive harm” are almost never sufficient.
Civil cases
Page 3 | SEALING MOTIONS
Highlight redactions for partially sealed documents and label entirely sealed documents.
Highlight proposed redactions to any documents sought to be filed partially under seal. Label documents sought to be entirely sealed accordingly.
Civil cases
Page 3 | SEALING MOTIONS
Pre-Motion Conference Requirements
Parties must file a joint discovery letter (max 5 pages) stating the dispute, with proposed orders from both sides, and no exhibits except discovery requests/responses.
If the parties cannot resolve their discovery dispute after a good faith effort, they shall prepare and file a joint letter of no longer than 5 pages stating the nature and status of their dispute. Both sides must submit proposed orders as well. No exhibits may be submitted with the letter other than any discovery request or response that is the subject of the letter.
Civil cases
Page 1 | Standing Order Regarding Discovery Disputes Not Referred to the Magistrate Judge
Adjournment & Extension Requirements
Parties may stipulate to a motion briefing schedule that differs from the default. Allow at least 14 days between the final filing and the hearing.
Parties may stipulate to a motion briefing schedule that differs from the default. Allow at least 14 days between the final filing and the hearing.
Civil cases
Page 2 | MOTIONS & BRIEFING
Proposed schedule must allow max 24 months to trial-setting conference and min 20 weeks from dispositive motions.
When proposing dates, allow: o no more than 24 months between the initial CMC and the trial-setting conference (absent justification); o at least 20 weeks between the dispositive motion filing deadline and trial-setting conference;
Civil cases
Page 2 | CASE MANAGEMENT CONFERENCES & SCHEDULES
Hearings on motions for summary judgment or substantive motions in patent cases should allow 21 days.
Hearings on motions for summary judgment or substantive motions in patent cases should allow 21 days.
Civil cases
Page 2 | MOTIONS & BRIEFING
Requests to continue hearings or CMCs must be made 72 hours in advance.
Requests to continue a hearing or CMC are due 72 hours in advance.
Civil cases
Page 2 | SCHEDULING
Case schedules and trial dates will only be modified for good cause.
Once set, case schedules and trial dates will only be modified for good cause.
Civil cases
Page 2 | CASE MANAGEMENT CONFERENCES & SCHEDULES
Extension requests must be submitted 72 hours in advance with justification, history of previous requests, and proposed order.
Submit motions/stipulations to extend dates and deadlines at least 72 hours before the date at issue. Requests must: • Explain the justification (Judge Pitts is unlikely to approve changes without good cause, and without a compelling showing of good cause for changes to trial dates); • State how many extensions have previously been requested, and indicate the Court’s rulings on those requests; and • Include a proposed order listing all future deadlines in the case schedule incorporating the proposed modifications.
Civil cases
Remote appearance requests must be made by administrative motion at least one week in advance.
Requests to appear remotely via Zoom for a hearing must be made by administrative motion (not stipulation) at least one week in advance.
Civil cases
Page limit enlargement requests must be submitted 72 hours in advance with specific opposition deadline.
Submit motions/stipulations to enlarge page limits at least 72 hours before the relevant filing is due. If a request is made by administrative motion rather than stipulation, any opposition must be filed by the sooner of: (a) 12:00pm one business day before the filing deadline, or (b) the time allowed by Civil Local Rule 7-11.
Civil cases
Sentencing memoranda due 7 days before sentencing; responses due 5 days before
If a party chooses to submit a Sentencing Memorandum to the Court, it must be filed at least seven calendar days before the date on which Judgement and Sentencing is scheduled. Responses to Sentencing Memoranda shall be filed at least five calendar days before the date on which Judgement and Sentencing is scheduled.
Criminal cases
Page 4 | SENTENCING MEMORANDA
Objections to exhibits due by 5:00 PM day before witness testimony.
By 5:00 P.M. on the day before those witnesses are called, opposing counsel shall provide any objections to the listed exhibits and shall exchange a list of exhibits to be used with the listed witness(es) on cross-examination (other than for impeachment).
Civil cases
Deposition excerpts due 5 days before trial (except impeachment/rebuttal).
At least five days prior to the commencement of trial, the parties shall file and serve any excerpts of deposition testimony to be offered at trial, other than solely for impeachment or rebuttal.
Civil cases
Deposition objections due 2 days before trial.
Any objections to the use of designated excerpts and any counter-designations of deposition testimony shall be filed and served no later than two days prior to the commencement of trial.
Civil cases
Counsel shall, by 6:00 P.M. on the day preceding each trial day, notify the Court of: (1) the list of planned witnesses in the order that they will be called, (2) the list of any exhibits to be offered and whether the parties stipulate to their admissibility and authenticity, and (3) a separate list of any objections to witnesses or exhibits that may be called or offered into evidence.
Counsel shall, by 6:00 P.M. on the day preceding each trial day, notify the Court of: (1) the list of planned witnesses in the order that they will be called, (2) the list of any exhibits to be offered and whether the parties stipulate to their admissibility and authenticity, and (3) a separate list of any objections to witnesses or exhibits that may be called or offered into evidence.
Civil cases
Daily transcript requests must be arranged before pretrial conference.
Requests for a daily transcript or real-time reporting, if desired, must be arranged before the date of the pretrial conference through the Court’s website, https://cand.uscourts.gov/about/clerks-office/transcripts-court-reporters/transcript-forms/.
Civil cases
Motions for remote hearings by Zoom must be filed one week in advance.
Motions to have a remote hearing by Zoom are due one week in advance and are not always granted.
Civil cases
Page 2 | SCHEDULING
Initial CMC may be held 60+ days after hearing if dispositive motion pending.
If a pending motion to dismiss is dispositive of an entire case, the parties may stipulate to hold the initial CMC 60 days or more after the hearing.
Civil cases
Page 2 | CASE MANAGEMENT CONFERENCES & SCHEDULES
Chambers Communication Rules
Must confirm Judge Pitts's availability before noticing any motion.
Confirm Judge Pitts’s availability before noticing any motion.
Civil cases
Page 1 | COMMUNICATING WITH CHAMBERS
Motions may be noticed for any Thursday at 10:00 AM subject to the availability of Judge Pitts (listed in his Scheduling Notes) and the 35-day notice period.
Motions may be noticed for any Thursday at 10:00 AM subject to the availability of Judge Pitts (listed in his Scheduling Notes) and the 35-day notice period.
Civil cases
Page 2 | SCHEDULING
No ex parte communication with Judge Pitts or chambers staff without advance authorization; contact Courtroom Deputy for scheduling inquiries.
Parties and counsel shall not engage in any ex parte communication with Judge Pitts or his chambers staff by telephone, facsimile, e-mail, or any other means, unless such contact has been authorized in advance. Parties and counsel may contact Judge Pitts’s Courtroom Deputy Nicole Coleman at (408) 535-5346 or pcpcrd@cand.uscourts.gov with any inquiries regarding scheduling or any other matter.
Criminal cases
Page 1 | COMMUNICATION WITH THE COURT
Email Word versions of jury instructions, voir dire, and verdict form to pcppo@cand.uscourts.gov
The parties must e-mail Word versions of the proposed jury instructions, voir dire questions, and verdict form to pcppo@cand.uscourts.gov.
Criminal cases
Page 3 | JURY INSTRUCTIONS
Contact court reporter coordinator at least one week before trial for transcripts
If transcripts will be requested during or immediately after the trial, arrangements must be made with the Court Reporter Coordinator at (408) 535-5583 at least one week prior to the commencement of the trial.
Criminal cases
Page 4 | TRANSCRIPTS
Exchange opening statement visuals by Wednesday before trial; objections by Thursday; phone availability Friday
Parties must meet and confer to exchange any visuals, graphics, or exhibits to be used in opening statements. Unless otherwise agreed, the exchange must occur no later than the close of business on the Wednesday before trial. Any objections not resolved must be filed in writing by the Thursday before trial. The parties shall be available by telephone on the Friday before trial to discuss the issues raised with the Court.
Criminal cases
Page 4 | OPENING STATEMENTS
Notify court 30 days before trial if interpreter needed for witness
Counsel must notify the Court at least 30 days in advance of trial if any witness requires an interpreter and there is no certified court interpreter to translate in the necessary language(s).
Criminal cases
Page 4 | INTERPRETERS
Junior Lawyer Participation Incentives
Senior attorney may provide additional argument if needed.
Judge Pitts will allow additional argument from a senior attorney if needed.
Civil cases
Page 3 | HEARINGS
Notify Judge Pitts's CRD two weeks in advance if an attorney with less than 7 years of experience will argue. Judge Pitts will consider this in deciding whether to hold a hearing.
Notify Judge Pitts's CRD two weeks in advance if an attorney with less than 7 years of experience will argue. Judge Pitts will consider this in deciding whether to hold a hearing.
Civil cases
Page 3 | HEARINGS