Judge Andy Miller
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Receivership Plan, Receiver Progress Report
Court-wide- Upon Filing
Communication
Phone
Document Format Requirements5 rules
Trial exhibits must be pre-marked, adequately copied, placed in proper binders, and exchanged before opening statements.
Trial Exhibits must be pre-marked, sufficiently copied, placed in appropriate binders, and exchanged among the parties prior to opening statements.
Each party's exhibits must be in a separate binder, with copies supplied to the Court, reporter, staff attorney, and parties before opening statements, plus one copy for the witness stand.
Each party’s exhibits must be placed in a separate exhibit binder, and a copy of that binder must be provided to the Court, the 5A Reporter, the 5A Staff Attorney, and each party prior to opening statements. A single copy of each party’s exhibits binder must also be prepared for the witness stand.
Before opening statements, provide a copy of the Joint Exhibit Binder to the Court, reporter, staff attorney, and each party, and prepare one copy for the witness stand.
A copy of that binder must be provided to the Court, the 5A Court Reporter, the 5A Staff Attorney and each party prior to opening statements. A single copy of the Joint Exhibit Binder must also be prepared for the witness stand.
Without prior leave, the Court may disregard portions of a motion, memorandum, or brief exceeding Local Rule 12's page limits.
In the absence of prior leave to file a long brief, the Court reserves the right to disregard the pages of any motion, memoranda, or brief that go beyond the limits set forth in Local Rule 12.
Joint exhibits must be specifically identified and placed in a separate joint-exhibit binder.
Joint Exhibits must be identified as such (e.g., Joint Exhibit 1, Joint Exhibit 2, Joint Exhibit 3, etc.) and placed in a separate Joint Exhibit Binder.
Document Filing Requirements8 rules
A motion to compel must certify good-faith pre-motion efforts, and a protective-order motion must include a statement reciting those efforts.
More specifically, a motion to compel discovery requires a “certification” that the movant has made good faith pre-motion efforts to resolve the dispute. See Civ. R. 37(A)(1). Similarly, a motion for a protective order requires a “statement” reciting such reasonable pre-motion efforts. See Civ. R. 26(C). Discovery motions that do not contain these required certifications or statements will also be summarily denied, without prejudice.
Document Type
Discovery Motion
Parties must discuss and prepare case-specific jury instructions and cite supporting authority for every instruction, including agreed instructions.
The parties are required to discuss and prepare case-specific jury instructions. For each instruction provided—even if it is an agreed-upon instruction—the parties must provide some citation to the authority that supports it.
Document Type
Jury Instructions
The Joint Final Pretrial Statement must identify counsel and issues, list witnesses and exhibits, address damages and trial preferences, propose trial procedures and dates, and report settlement status.
The Joint Final Pretrial Statement shall include the following: · A clear identification of Chief Trial Counsel for each party. Note that Chief Trial Counsel shall also be fully authorized to act and negotiate on behalf of their party at the Final Pretrial Conference; · A detailed explanation of the factual and legal issues raised by the case and of the parties’ respective positions with respect to those issues; · A detailed explanation of any evidentiary questions or disagreements raised by the case and of the parties’ respective positions with respect to those questions or disagreements; · A list of all witnesses that the parties genuinely expect to testify; · A list of all exhibits that the parties genuinely expect to offer, excluding those exhibits intended solely for use as impeachment; · An itemization of all special damages to be claimed; · A statement as to whether the parties do or do not consent to try the case to a Magistrate; · A statement as to whether the parties do or do not wish to try the case to a jury; · A description of any special trial procedures requested, including: - Whether the case is one in which issues should be bifurcated; - Whether a jury view will be requested; - The estimated number of days required for trial; · At least two alternative recommended dates upon which the trial can begin (the Court prefers to begin trials on Mondays); and · A statement about the status of settlement negotiations.
Document Type
Joint Final Pretrial Statement
Civil parties must prepare and file a Joint Final Pretrial Statement for the Final Pretrial Conference.
Local Rule 16.04 requires the parties to a civil action to prepare and file a Joint Final Pretrial Statement with the Court as part of their preparation for the Final Pretrial Conference.
Document Type
Joint Final Pretrial Statement
A proposed case-management entry must accompany a filed motion and be signed by its author or preparer.
The Court encourages proposed case management schedules, but it will decline any proposed entry that is not: (1) submitted with a filed motion (even if it is a joint or unopposed motion); and (2) not signed by the person who authored/prepared it.
Document Type
Proposed Entry
A proposed entry on a simple matter must accompany a filed motion and be signed by the person who authored or prepared it.
The Court encourages proposed entries on simple matters (extensions, case schedule amendments, etc.), but it will decline to approve any proposed entry that is not: (1) submitted with a filed motion (even it is a joint proposed entry); and (2) not signed by the person who authored/prepared it.
Document Type
Proposed Entry
Before the discovery status conference, each party should submit by email a proposed order explaining the relief sought.
Prior to this status conference, the parties should attempt to narrow their dispute as much as reasonably possible, and each party should submit a proposed order to the 5A Staff Attorney (via email) that explains specifically what that party would like the Court to order.
Document Type
Proposed Order
A proposed amended case schedule should use the proper amendment title, include requested new dates, and repeat unchanged dates and deadlines.
Proposed amended case schedules filed with such motions should be appropriately titled as First, Second, Third, etc.; and should include the new dates and deadlines requested as well as maintaining (i.e., repeating) the dates or deadlines that are not being changed.
Document Type
Proposed Amended Case Schedule
Filing & Service rules
Filing Timing and Cure Windows
A late motion for leave to file a long brief must show cause and excusable neglect and address the delay; excusable neglect will not be presumed.
A motion filed after that deadline has passed must show cause for the requested leave and excusable neglect for the delay in seeking it. Civ. R. 6(B)(2). The Court will not presume excusable neglect when considering such late-filed motions, and the Court will generally deny such motions if they fail to even acknowledge or address the movant’s tardiness.
Page 1 | Motions Practice — Page Limits
A motion seeking leave to file a long brief is due no later than seven days before the brief is due.
Remember, a motion for leave to file a long brief must be filed no later than seven days prior to the time for filing the brief.
Page 1 | Motions Practice — Page Limits
A response to a motion in limine is due three days after filing.
Responses are due three days after the motions are filed.
Page 1 | Trial Practice — Motions in Limine
A complete set of proposed jury instructions must be submitted before the first day of trial.
The parties must submit a “complete” set of proposed jury instructions to the Court before the first day of trial.
Page 1 | Trial Practice — Jury Instructions
After receiving notice of settlement, the Court will order the parties to file an entry of dismissal within thirty days.
When the Court receives notice that a case has been settled, the Court will, by order, give the parties thirty days to file an entry of dismissal of the case.
Page 1 | Notice of Settlement
The deadlines in the Original Case Schedule are binding except for the Trial Assignment Date.
Unless and until the Original Case Schedule is amended, the deadlines set forth therein (except the Trial Assignment, discussed later) are binding on the parties.
Page 1 | The Case Schedule — Original Case Schedule
The Joint Final Pretrial Statement must be filed at least 24 hours before the Final Pretrial Conference.
Joint Final Pretrial Statement must be filed with the Court no later than 24 hours before the Final Pretrial Conference itself.
Page 1 | Final Pretrial Conferences — Timing of the Joint Pretrial Statements
A motion in limine must be filed at least seven days before trial.
Motions in Limine must be filed at least seven days before trial.
Page 1 | Trial Practice — Motions in Limine
Service and Proof of Service Rules
A Joint Final Pretrial Statement must be emailed to the 5A Staff Attorney simultaneously with filing it with the Clerk.
Joint Final Pretrial Statements must be emailed to the 5A Staff Attorney at the same time they are filed with the Clerk.
Page 1 | Final Pretrial Conferences — Timing of the Joint Pretrial Statements
After filing a motion in limine or response, the filing party should email a copy to the 5A Staff Attorney.
After filing a motion or response, the party should also email a copy to the 5A Staff Attorney.
Page 1 | Trial Practice — Motions in Limine
Filing Bundling Requirements
For motions needing immediate action, parties should first confer and, if possible, file a joint or unopposed motion with a proposed entry.
If a party needs immediate action on a motion, the Court strongly encourages that party to first discuss the matter with opposing counsel and (if possible) file either a joint motion or an unopposed motion with a proposed entry.
Page 1 | Motions Practice — Motions That Need Urgent Attention
The Court strongly encourages parties to identify and prepare joint exhibits.
Joint Exhibits are those marked exhibits for which all parties have agreed. They are strongly encouraged.
Page 1 | Trial Practice — Joint Exhibits
Pre-Motion Conference Requirements
A discovery motion filed without a prior status conference will likely be denied because the movant will be presumed not to have made adequate good-faith efforts.
Conversely, if a discovery motion is filed without there having first been a pre-motion discovery status conference, the Court will presume that the movant has not yet engaged in all good faith pre-motion efforts to resolve the dispute. As such, the motion will likely be denied without further discussion.
Page 1 | Resolving Discovery Disputes — Status Conference Required
Parties must make reasonable pre-motion efforts to resolve discovery disputes before filing discovery motions.
Civ. R. 26(C), Civ. R. 37(A)(1), Civ. R. 45(C)(2), and Loc. R. 26.01 all require parties to make reasonable pre-motion efforts to resolve their discovery disputes. These obligations are strictly enforced in Courtroom 5A. Discovery motions made without first making such reasonable pre-motion efforts will often be denied, without prejudice, for that reason alone.
Page 1 | Resolving Discovery Disputes
If the parties remain unresolved after a discovery status conference, the Court will set a briefing schedule for a future discovery motion.
If the parties do not reach an agreement at this pre-motion discovery status conference, the Court will set a briefing schedule for future discovery motions practice.
Page 1 | Resolving Discovery Disputes — Status Conference Required
After good-faith efforts fail, parties should request a pre-motion discovery status conference.
If the parties to a discovery dispute have met, conferred, made a good faith effort to resolve it, but remain at odds, they should contact the 5A Staff Attorney to request a pre-motion discovery status conference.
Page 1 | Resolving Discovery Disputes — Status Conference Required
A pre-motion status conference is unnecessary when a party seeks an order compelling responses or disclosures that are merely past due.
In such situations, a pre-motion status conference is not necessary.
Page 1 | Resolving Discovery Disputes — Status Conference Not Required
Adjournment & Extension Requirements
The thirty-day settlement-dismissal period may be extended for good cause, and failure to obtain an extension or file dismissal results in court-ordered dismissal.
This time period may be extended for good cause shown, but if it passes without extension or dismissal, the case will be dismissed by order of the Court.
Page 1 | Notice of Settlement
A late motion to extend an expired deadline must show cause and excusable neglect, address the delay, and will not receive a presumption of excusable neglect.
If the deadline to be extended has already passed, the movant must show cause for the extension and excusable neglect for the delay in seeking it. Civ. R. 6(B)(2). The Court will not presume excusable neglect when considering such late-filed motions, and the Court will generally deny such motions if they fail to even acknowledge or address the movant’s tardiness.
Page 1 | Motions Practice — Extensions — Deadlines That Have Already Passed
A request to change, extend, or continue even one case-schedule date or deadline must be made by a motion to amend the entire schedule.
As noted above, a motion requesting a change, extension, or continuance of even a single date or deadline in the operative case schedule (whether original or amended) is a motion to amend the entire case schedule.
Page 1 | The Case Schedule — Motions to Amend a Case Schedule
A motion or briefing deadline may be changed only by a court motion and may not be changed by stipulation.
If a party wishes to change a motion or briefing deadline, that party must move the Court for an extension of the deadline. Motion and briefing deadlines may not be changed by stipulation of the parties.
Page 1 | Motions Practice — Extensions
A timely motion to extend an unpassed deadline need only show cause, with good cause generally presumed.
If the deadline to be extended has not yet passed, the movant need only show cause for the extension. See Civ. R. 6(B)(1). The Court will generally presume good cause for such timely filed motions.
Page 1 | Motions Practice — Extensions — Deadlines Not Yet Passed
Chambers Communication Rules
Counsel must promptly call the 5A Staff Attorney or Secretary to report a case settlement.
Consistent with Local Rule 22, counsel must call the 5A Staff Attorney or 5A Secretary as soon as possible to notify when a case has been settled.
Page 1 | Notice of Settlement
For genuinely urgent motions, email the 5A Staff Attorney with the case name, case number, filing title, and urgent-attention request, copying all other parties.
In such situations, email the 5A Staff Attorney; provide them with the case name, case number, and title of the filing; and let them know that urgent attention is needed. Do not elaborate any further. Copy the other parties on the email.
Page 1 | Motions Practice — Motions That Need Urgent Attention
If a delayed decision impedes discovery or settlement discussions, parties should notify the 5A Staff Attorney by email.
If a delayed decision is making it difficult for the parties to continue their discovery or to engage in meaningful settlement discussions, the parties should notify the 5A Staff Attorney of that via email communication.
Page 1 | Motions Practice — Contacting the Court About Pending Motions
Trial counsel and unrepresented parties should always provide their cell-phone numbers to the 5A Staff Attorney.
Trial Counsel or unrepresented parties should always leave their cell phone numbers with the 5A Staff Attorney.
Page 1 | Trial Practice — Once Deliberations Begin
Telephone calls to the Court or its staff are permitted when extraordinary circumstances require them.
Although telephone calls are generally discouraged, they are permissible when extraordinary circumstances require them.
Page 1 | Strong Preference for Email Over Telephone
Trial counsel and unrepresented parties must be ready to return to Courtroom 5A on ten minutes' notice during jury deliberations.
Trial Counsel or unrepresented parties are expected to be able to return to Courtroom 5A on ten minutes notice at any time during which the jury is deliberating.
Page 1 | Trial Practice — Once Deliberations Begin
Parties are discouraged from contacting the 5A Staff Attorney merely to check a pending motion's status.
The Court’s consideration will not be hurried by repeated calls to “check on the motion’s status” or to “see where the Court is” with a motion. Parties are discouraged from contacting the 5A Staff Attorney with such inquiries.
Page 1 | Motions Practice — Contacting the Court About Pending Motions
Email Elizabeth Bright for general court information.
Email General court information.
Page 1 | Courtroom Staff
Email Jason Phillips with questions about procedures and processes in criminal matters.
Email Inquire about procedures and processes in any criminal matters before the court.
Page 1 | Courtroom Staff
Email Jane Tsai about civil procedural questions, the status of civil actions or motions, settlement efforts and their effect on pending motions, or to request a status conference.
Email Ask procedural questions on any civil matters before the Court Check on status of pending civil actions and/or motions Report that the parties are engaging in settlement (even if one not reached yet) and address how that may impact any pending motions Request a status conference
Page 1 | Courtroom Staff
Email Magistrate Elizabeth Watters about scheduling mediation, magistrate trials, or damages hearings.
Email Inquire about scheduling mediation, magistrate trials, or damages hearings.
Page 1 | Courtroom Staff
Email Samantha Blair to order transcripts.
Email Order transcripts.
Page 1 | Courtroom Staff
Counsel may request referral of a case to a Magistrate for mediation by calling the 5A Staff Attorney.
If counsel wish to submit their case to a Magistrate for mediation, simply call the 5A Staff Attorney and let them know.
Page 1 | Mediation
The Court strongly prefers email to the 5A Staff Attorney rather than telephone for non-filing communications about pending or impending civil matters.
If a party needs to communicate with the Court or its staff about a pending or impending civil matter outside the context of a filing, a conference, a hearing, or a trial, the Court strongly prefers emails to the 5A Staff Attorney over telephone calls.
Page 1 | Strong Preference for Email Over Telephone