Court Rules
district Judge
Verified Current21 hours ago

Judge James E. Simmons, Jr.

Southern District of California

Limits & Logistics

Document Limits

Trial Brief
25 pgs

Courtesy Copies

Filings (>20 pages)

Required • Binding: Stapled

Filings (Trial Exhibits)

Required

Filings (Exhibit List)

Required

Adjournments

Must Include

  • 1
    Joint Motion
  • 2
    Declaration
  • 3
    Proposed Order
Notice Required
2Court Days

Communication

Email

Chambers

Technical IssuesService
No Status Inquiries, Timing, Allowed Methods
Phone

Chambers

SchedulingEmergenciesTechnical Issues
No Hours, Status Inquiries
Email

Chambers

efile_simmons@casd.uscourts.gov
Technical Issues
Required Content
Email

Chambers

Emily Blase
No Timing
Phone

Chambers

Ms. Blase
No Timing
Filters:AllMandatoryImportantFormattingCommunicationTRO/InjunctionECF FilingProposed OrdersExhibitsCourtesy CopiesBinders/Tabs

Detailed Drafting Rules

Courtesy CopyMandatory

Courtesy copies required for filings over 20 pages, with specific formatting requirements.

Courtesy copies of filings that exceed 20 pages in length, including attachments and exhibits, shall be submitted in accordance with Section 2(e) of the ECF Manual via United States Postal Service mail, courier, or delivery to the Clerk’s Office. The courtesy copy shall contain the CM/ECF document header on the top of each page. The Court prefers courtesy copies to be printed double-sided. If a filing has more than three (3) exhibits, the exhibits must be tabbed.

Courtesy Copies Required

When: Page Threshold > 20
Logistics
Quantity1 Copy
TimingUpon Filing
MethodMail
Appearance
BindingStapled
Double SidedYes
ECF HeaderRequired
Page 2
|SecII. Discovery
Communication ProtocolImportant

Letters, faxes, and emails to chambers are generally prohibited unless required by Local Rule.

Letters, faxes, or emails to chambers or chambers staff are prohibited unless required by Local Rule or specifically requested by the Court. If requested by the Court, letters, faxes or emails shall simultaneously copy all counsel and unrepresented parties. Copies of correspondence between counsel must not be sent to the Court unless requested by the Court.

Email

Approved Topics
Status Inquiries
Prohibited
  • Status Inquiries
Page 1
|SecI. Communications with Chambers
Communication ProtocolImportant

Phone calls to chambers limited to obtaining hearing dates for civil motions, with specific restrictions.

Telephone calls to chambers are permitted only for obtaining a hearing date for a civil motion, temporary restraining order, or preliminary injunction. Parties seeking a motion date for a noticed motion may contact chambers if (1) they are ready to file within three (3) calendar days and (2) have satisfied the meet and confer requirements set forth below. Such calls may only be made by counsel with knowledge of the case or an unrepresented party. Calls from secretaries, legal assistants, paralegals, or parties represented by counsel are prohibited. Counsel or unrepresented parties should not call chambers with procedural questions or to inquire whether any action has been taken on a motion or other filing. Court personnel are prohibited from giving legal advice or discussing the timing or merits of a case.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
    unspecified
  • Status Inquiries
Page 1
|SecI. Communications with Chambers
Format RequirementImportant

Proposed orders must not include name and law firm information per ECF Manual.

However, in accordance with Section 2(h) of the ECF Manual, proposed orders shall not contain the name and law firm information of the filing party.

Page 4
|SecI. Proposed Orders
Communication ProtocolMandatory

Proposed orders must be emailed in Word format to specific address with case info in subject line.

Counsel must email proposed orders in Word (.doc) format to efile_simmons@casd.uscourts.gov and include the case number and case name in the subject line of the email.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Requirements
  • Required Content
    case number and case name in subject line
Page 4
|SecI. Proposed Orders
Communication ProtocolMandatory

Technical motions require email to chambers one week before hearing with technical terms/names.

For technical motions, the parties must send an email to chambers one (1) week prior to the hearing with a list of pertinent technical terms and/or proper names to assist the court reporter.

Email

Direct to: Chambers

Approved Topics
Technical Issues
Prohibited
  • Timing
    one week prior to hearing
Page 4
|SecJ. List of Terms/Names
Communication ProtocolNote

Court prefers in-person hearings but allows telephonic/video appearances when necessary.

The Court strongly prefers that noticed hearings be held in-person in open court. However, the Court recognizes that telephonic or video appearances may be necessary for many reasons.

Phone

Approved Topics
Emergencies
Page 4
|SecK. Telephonic/Video Appearances
Communication ProtocolMandatory

Telephonic/video appearances require emailing Courtroom Deputy at least 3 court days before hearing.

Any party requesting to appear telephonically or on video should email the Courtroom Deputy, Emily Blase to obtain the appropriate link at least three (3) court days prior to the hearing.

Email

Direct to: Chambers

Prohibited
  • Timing
    at least three court days prior to hearing
Page 4
|SecK. Telephonic/Video Appearances
Communication ProtocolMandatory

Observers must contact Ms. Blase at least 2 calendar days before hearing for dial-in info.

Any individual requesting to observe telephonically must contact Ms. Blase at least two (2) calendar days before the hearing to obtain the public dial-in information.

Phone

Direct to: Chambers

Prohibited
  • Timing
    at least two calendar days before hearing
Page 4
|SecK. Telephonic/Video Appearances
Communication ProtocolMandatory

Ex parte motions must be served on opposing counsel via email, fax, or overnight mail.

Any ex parte motion filed with the Court must be served on opposing counsel via email, fax, or overnight mail.

Email

Approved Topics
Service
Prohibited
  • Allowed Methods
    email, fax, or overnight mail
Page 4
|SecIV. Ex Parte Motions
Page or Word LimitMandatory

Trial briefs are limited to 25 pages.

Trial briefs are limited to twenty-five (25) pages.

Page 8
|SecXIII. Trial Procedures
Communication ProtocolImportant

Sidebar conferences are disfavored; only granted if matter cannot wait until next recess.

Sidebar conferences are disfavored. If counsel desires to speak to the Court outside the jury’s presence, counsel may request to do so at the start of a recess or at the end of the day. Requests for sidebar conference will only be granted if the matter cannot wait until the next recess.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
    9:00 AM - 5:00 PM
  • Status Inquiries
Page 9
|SecG. Bench Conferences
Communication ProtocolMandatory

Objections must state only legal grounds; speaking objections prohibited unless requested.

When objecting, counsel should state only the legal ground for the objection (e.g., “objection, hearsay”). Speaking objections are not permitted unless the Court requests further information from counsel.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
    9:00 AM - 5:00 PM
  • Status Inquiries
Page 9
|SecG. Bench Conferences
Communication ProtocolImportant

Only one lawyer per party may examine a witness and make objections for that witness.

When a party has more than one lawyer, only one lawyer may conduct the examination of a given witness and that lawyer alone may make objections concerning that witness.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
    9:00 AM - 5:00 PM
  • Status Inquiries
Page 9
|SecG. Bench Conferences
Communication ProtocolNote

Counsel must be courteous and respectful at all times; abide by Civil Local Rule 2.1.

Be courteous and respectful at all times, in all settings. Counsel may expect such from the Court, and the Court expects such from counsel. Please be familiar with and abide by Civil Local Rule 2.1.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
    9:00 AM - 5:00 PM
  • Status Inquiries
Page 9
|SecXIII. Courtesy