Judge Robert S. Huie
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Filings > 20 pages
- 1 copy • Within 24 Hours
Technical Motions
- 1 copy • One Week Before Hearing
Trial Exhibits
- 1 copy • Hand Delivery • Within 3 Days Before Trial
Adjournments
- Continuance requests require meet and confer and joint motion if parties agree.
- All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk at the number above or by email.
- Joint motion must include original date, requested date, grounds, prior continuances, and Speedy Trial Act exclusion if applicable.
- +1 more
Request must include
- If the parties are unable to reach an agreement, the requesting party must file an ex parte motion satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result therefrom. In addition, the ex parte motion must state: (1) the original date; (2) the number of previous continuances and requests that have been made; (3) whether previous requests were granted or denied; and (4) opposing counsel’s position with regard to their opposition. Such a motion should be filed at least two (2) days prior to the event or deadline that the moving party seeks to continue.
Communication
Clerk
Phone
Chambers
Phone
Clerk
Phone
Page & Word Limits6 rules
Attachments to any motion in limine or opposition shall also be limited to ten (10) pages in length.
- Attachment
- Up to 10 pages
- Motions in limine
Each side is limited to a maximum of five (5) motions in limine.
Unless the parties obtain leave of Court to exceed the limitations contained herein prior to filing, multiple filings and filings that exceed the page limitations will be stricken.
Each motion in limine and each opposition shall not exceed ten (10) pages in length.
- Motion in limine
- Up to 10 pages
- Motions in limine
If the case involves multiple plaintiffs or multiple defendants, only one brief per motion in limine per side will be accepted.
No replies shall be filed unless directed by the Court.
Document Format Requirements5 rules
Counsel must email proposed orders in Word format to
- File type
- Word
- Proposed order
In accordance with Section 2(h) of the ECF Manual, proposed orders must not contain the name and law firm information of the filing party, and must not contain the word “proposed” in the caption.
If a filing has more than three exhibits, the exhibits must be tabbed and listed in a table of exhibits.
All exhibits submitted in support of motions should be excerpted to include only relevant material. All exhibits must be clearly labeled, dated, tabbed, and indexed. Copies of documents already contained on the electronic docket should not be included as exhibits. Such documents should be cited in the text of the motion as [Doc. No. ___ at ___] referencing the docket number of the document cited and using the ECF-generated page number for pinpoint cites.
- Exhibits
Formatting
- •Cite docket documents as [Doc. No. at ] with ECF page numbers
If a filing has more than three exhibits, the exhibits must be tabbed and listed in a table of exhibits.
- More than 3 pages
Document Filing Requirements21 rules
Any proposed orders must be submitted simultaneously with all motions.
- Document
- Motion
Must include
- •Proposed order
Amended pleadings require redline showing changes, except for incarcerated pro se plaintiffs.
- Document
- Amended pleading
Must include
- •Redline
Court's wording
Any amended pleading—not just those accompanying a motion for leave to amend—must be accompanied by a redline showing how the amended pleading differs from the operative pleading. Pro se plaintiffs who are incarcerated are excused from this requirement.
Separate Statements of Fact require leave of court; joint statement required instead.
- Document
- Summary judgment motion
Must include
- •Joint statement of undisputed facts
Court's wording
Separate Statements of Fact may not be filed unless leave of Court has been granted. Rather, the parties must meet and confer to arrive at a joint statement of undisputed material facts, which must be filed no later than the reply brief.
Surreplies and supplemental authority notices require leave of court, except for binding intervening law.
Court's wording
Surreplies and notices of supplemental authority may not be filed unless leave of court has been granted. The only exception to this requirement is if there is a change in binding intervening law that is directly on point issued after the filing. Under these circumstances, parties may file a notice of supplemental authority that includes the case citation and a copy of the order or opinion. Counsel may not include any argument in the notice.
Pursuant to Section 2(f)(4) of the ECF Manual, all stipulations must be filed as joint motions. Joint motions must be signed by the Court to have legal effect.
- Document
- Stipulation
Must include
- •Signed by court
- •Filed as joint motion
The parties must also submit the trial exhibits in an electronic-media format (e.g., CD, DVD, or USB flash drive) at least three (3) days before trial is set to begin.
- Document
- Trial exhibits
Must include
- •Electronic format
The parties must also exchange their Final Exhibit and Witness Lists seven (7) days before trial, and email a copy of their Final Exhibit and Witness Lists to chambers.
Proposed orders must be emailed to efile_huie@casd.uscourts.gov.
- Document
- Motion
Must include
- •Proposed order
Court's wording
In accordance with Section 2(h) of the Electronic Case Filing Administrative Policies and Procedures Manual, counsel shall email proposed orders on motions directly to the Judge’s official email address, which is efile_huie@casd.uscourts.gov.
Proposed order must require defendant to acknowledge new date within 48 hours.
- Document
- Motion
Must include
- •Proposed order
Court's wording
The proposed order must also include a requirement that any defendant on pretrial release sign and file an acknowledgement of the new court date within 48 hours of the continuance motion being granted.
Proposed orders should be submitted simultaneously with the motion, and no later than two (2) days prior to the scheduled hearing.
- Document
- Motion
Should include
- •Proposed order
Any non-model instructions must be submitted to the Court in Word format directly to the chambers email address, which is efile_huie@casd.uscourts.gov.
Peremptory challenges must be exercised using blind strike method with two rounds.
Court's wording
Counsel will exercise their respective challenges using the “blind strike” method. That is, each side will exercise their peremptory challenges simultaneously and confidentially by marking those jurors they wish to excuse on the provided strike sheet. The Courtroom Deputy Clerk will collect the parties’ strike sheets and, after reconciling those sheets, will inform the parties of the first twelve (12) remaining (non-challenged) jurors. The parties will also be informed of the four (4) eligible alternate jurors. The strike sheets will be returned to the parties, who will then use the blind strike method to exercise their one additional peremptory challenge with respect to the four (4) eligible alternate jurors. The Courtroom Deputy Clerk will again collect the strike sheets and, after reconciling those sheets, announce to the parties who the two alternate jurors will be.
Objections must state only legal grounds; speaking objections are prohibited unless requested by Court.
Court's wording
When objecting, state only the legal ground for the objection, e.g., “Objection, hearsay,” or “Objection, Rule 802.” Speaking objections are not permitted, unless the Court requests further information from counsel.
Where 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.
Before publishing an exhibit to the jury, counsel must either move for admission of the exhibit or allow the Court to inquire whether the opposing side has any objection to publication.
All exhibits must be pre-marked on the first day of trial. Exhibit stickers may be obtained from the Clerk of the Court or from the Courtroom Deputy Clerk, in advance of trial.
The Court prefers to use the Ninth Circuit Criminal Jury Instructions whenever possible.
Before the case is submitted to the jury, the Court will provide each party with the jury instructions the Court intends to use.
The parties should each submit proposed jury instructions to the Court on the first day of trial, unless otherwise ordered by the Court.
Generally, trials are scheduled from 9:00 a.m. to 4:30 p.m., beginning on Mondays. Trials do not proceed on Friday unless a jury is deliberating. Jury deliberations proceed from 9:00 a.m. to 4:30 p.m.
Pursuant to Local Criminal Rule 1.1(e) and Local Civil rule 79.1, all exhibits will be returned to the party who produced them at the end of trial.
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies required for filings over 20 pages within 24 hours.
If a filing exceeds 20 pages in length (including attachments and exhibits), the filing party must deliver within 24 hours after filing a file-stamped courtesy copy to the Clerk’s Office to be placed in Judge Huie’s box.
Page 2 | Communications with Chambers
One courtesy copy of trial exhibits required 3 days before trial.
For both bench trial and jury trials, the parties must submit one (1) courtesy copy of the trial exhibits at least three (3) days before trial is set to begin. Counsel should contact the Court’s courtroom deputy to arrange a time to deliver the courtesy copies.
Page 7 | Trial Exhibits
Courtesy copies required for filings over 20 pages within 24 hours.
If a filing exceeds 20 pages in length (including attachments and exhibits), the filing party must deliver within 24 hours after filing a file-stamped courtesy copy to the Clerk’s Office to be placed in Judge Huie’s box.
Page 2 | Motions
Technical motions require email to chambers with technical terms one week before hearing.
For technical motions (especially in patent cases), one week prior to the motion hearing, the parties must send an email to chambers (but do not file) with a list of pertinent technical terms and/or proper names, the purpose of which is to assist the court reporter in the transcription of the hearing.
Page 3 | List of Terms/Names
Sealing & Redaction Procedures
If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.
If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.
Page 5 | Sealing Procedure
Sealed documents must be filed in CM/ECF immediately after motion to seal.
After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the “Sealed Lodged Proposed Document” in accordance with Section 2(j) of the ECF Manual.
Page 5 | Sealing Procedure
If the moving party has sought an order to seal only portions of the document, the party should file the document with the alleged confidential or privileged information redacted.
If the moving party has sought an order to seal only portions of the document, the party should file the document with the alleged confidential or privileged information redacted.
Page 5 | Sealing Procedure
Public version of sealed documents must be filed with only confidential/privileged information redacted.
The party requesting a sealing order must also file a “public” version of the document(s) it seeks to file under seal. For each document the moving party seeks to seal, the party may redact only that information that is deemed confidential or privileged.
Page 5 | Sealing Procedure
Motion to seal must describe documents to be sealed and whether in full or part.
The motion to seal must provide the Court with a specific description of the particular documents or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions).
Page 5 | Sealing Procedure
If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court's consideration.
If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court's consideration.
Page 5 | Sealing Procedure
Documents filed under seal require a motion authorizing the sealing.
Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.
Page 5 | Sealing Procedure
Designating party has 7 days to respond to sealing motion.
If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven (7) days that satisfies
Page 6 | Sealing Procedure
Meet and confer required when sealing based on protective order designations.
Parties often seek to seal a document only because another party designated the document as sensitive under a protective order, including with a “confidential” or “attorneys’ eyes only” designation. In these circumstances, the moving party must first meet and confer with the designating party to determine whether the designating party maintains that any portion of the document must be filed under seal.
Page 5 | Sealing Procedure
Filing Bundling Requirements
If multiple parties are moving for substantially the same relief or opposing a motion seeking substantially the same relief against them, they must make every effort to coordinate the timing of the filing of their motions, and to coordinate and consolidate the briefing to avoid duplication in briefing.
If multiple parties are moving for substantially the same relief or opposing a motion seeking substantially the same relief against them, they must make every effort to coordinate the timing of the filing of their motions, and to coordinate and consolidate the briefing to avoid duplication in briefing.
Page 3 | Briefing
Pre-Motion Conference Requirements
Motion hearing dates must be set 35 days from filing date.
Parties filing a noticed motion must set the hearing date to be thirty-five (35) days from the motion’s filing date.
Page 2 | Noticed Motions
7-day meet-and-confer conference required before filing noticed motions.
Any party contemplating the filing of any noticed motion before this Court must first contact opposing counsel to discuss thoroughly the substance of the contemplated motion and any potential resolution. The conference must take place at least seven (7) days prior to the filing of the motion.
Page 2 | Noticed Motions
Motion caption must include: NO ORAL ARGUMENT UNLESS SEPARATELY ORDERED.
Consequently, the filing party should not specify a hearing time on its motion, and must include the following language in the caption of the motion: PER CHAMBERS RULES, NO ORAL ARGUMENT UNLESS SEPARATELY ORDERED BY THE COURT.
Page 2 | Noticed Motions
Motion must include statement confirming meet-and-confer conference.
If the parties are unable to reach a resolution that eliminates the need to file the anticipated motion, counsel for the moving party must include in the motion papers a statement to the following effect: “This motion is made following the conference of counsel that took place on [date].”
Page 2 | Noticed Motions
Ex parte motions require meet and confer and declaration documenting efforts.
Before filing any ex parte motion, counsel must contact the opposing party to meet and confer regarding the subject of the ex parte motion. All ex parte motions must be accompanied by a declaration from the movant documenting (1) efforts to contact opposing counsel, (2) counsel’s good faith efforts, in person or by telephone, to meet and confer to resolve differences with opposing counsel, and (3) opposing counsel’s general position regarding the ex parte motion.
Page 4 | Ex Parte Motions
Exceptions to meet-and-confer: pro se plaintiffs, TROs/PIs, summary judgment motions.
The only exceptions to this meet-and-confer requirement are: (1) in cases where the plaintiff is appearing pro se and is not an attorney; (2) for applications for temporary restraining orders or preliminary injunctions; and (3) motions and cross-motions for summary judgment.
Page 2 | Noticed Motions
TROs must be briefed; ex parte hearings only in extraordinary circumstances.
All motions for temporary restraining orders must be briefed. While temporary restraining orders may be heard ex parte, the Court will do so only in extraordinary circumstances. The Court’s strong preference is for the opposing party to be served and afforded a reasonable opportunity to file an opposition.
Page 4 | Temporary Restraining Orders
Motion hearing date sets briefing schedule, not appearance requirement.
The hearing date on a motion does not indicate a date when appearances are necessary; rather, it sets the briefing schedule for the motion pursuant to the applicable local rules.
Page 2 | Noticed Motions
Motions in limine due 2 weeks before hearing; opposition due 1 week before.
Motions in limine are due two weeks before the hearing, with any opposition due one week before the hearing.
Page 2 | Trial Procedures
Adjournment & Extension Requirements
Continuance requests require meet and confer and joint motion if parties agree.
Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, briefing schedule, or any other procedural change, must meet and confer prior to contacting the Court. If the parties reach an agreement, they must e-file a joint motion with a declaration explaining the reasons for the requested continuance or extension of time.
Page 4 | Continuances
If the parties are unable to reach an agreement, the requesting party must file an ex parte motion satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result therefrom. In addition, the ex parte motion must state: (1) the original date; (2) the number of previous continuances and requests that have been made; (3) whether previous requests were granted or denied; and (4) opposing counsel’s position with regard to their opposition. Such a motion should be filed at least two (2) days prior to the event or deadline that the moving party seeks to continue.
If the parties are unable to reach an agreement, the requesting party must file an ex parte motion satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result therefrom. In addition, the ex parte motion must state: (1) the original date; (2) the number of previous continuances and requests that have been made; (3) whether previous requests were granted or denied; and (4) opposing counsel’s position with regard to their opposition. Such a motion should be filed at least two (2) days prior to the event or deadline that the moving party seeks to continue.
Page 4 | Continuances
Joint motion must include original date, requested date, grounds, prior continuances, and Speedy Trial Act exclusion if applicable.
The joint motion should include the original date, the requested date for continuance (obtained from the Courtroom Deputy Clerk prior to filing), the grounds for continuance, whether continuances of the same hearing have been requested or granted in the past, and, if applicable, an exclusion of time under the Speedy Trial Act.
Page 1 | Communications with Chambers
If counsel stipulate to the continuance, a joint motion should be filed with chambers and a proposed order should be emailed.
If counsel stipulate to the continuance, a joint motion should be filed with chambers and a proposed order should be emailed.
Page 1 | Communications with Chambers
All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk at the number above or by email.
All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk at the number above or by email.
Page 1 | Communications with Chambers
Chambers Communication Rules
Calls from secretaries, legal assistants, paralegals, or parties represented by counsel are prohibited.
Calls from secretaries, legal assistants, paralegals, or parties represented by counsel are prohibited.
Page 1 | Communications with Chambers
Letters, faxes, and emails to chambers are prohibited unless specifically requested.
Letters, faxes, and emails to chambers are prohibited, unless specifically requested by the Court.
Page 1 | Communications with Chambers
When letters/faxes/emails are requested, copies must be sent to all counsel.
If letters, faxes, or emails are requested, copies of the same shall be simultaneously delivered to all counsel.
Page 1 | Communications with Chambers
Counsel should not call Chambers with procedural questions or to inquire whether any action has been taken with regard to a previously-submitted filing.
Counsel should not call Chambers with procedural questions or to inquire whether any action has been taken with regard to a previously-submitted filing.
Page 1 | Communications with Chambers
Letters, faxes, and emails to chambers are prohibited unless specifically requested.
Letters, faxes, and emails to chambers are prohibited, unless specifically requested by the Court.
Page 1 | Communications with Chambers
Chambers will not provide time estimates for written rulings.
The Court does not provide time estimates for its written rulings.
Page 1 | Communications with Chambers
Court personnel cannot give legal advice or discuss case merits.
Court personnel are prohibited from giving legal advice or discussing the merits of a case.
Page 1 | Communications with Chambers
Chambers should not be contacted for motion hearing dates.
Parties should not contact chambers for a motion hearing date.
Page 2 | Noticed Motions
Sidebar conferences are disfavored. If counsel desire 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 to see the Court outside the presence of the jury when the Court is about to begin the day of trial or reconvene following a recess generally will not be granted. These matters usually can wait until the next recess.
Sidebar conferences are disfavored. If counsel desire 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 to see the Court outside the presence of the jury when the Court is about to begin the day of trial or reconvene following a recess generally will not be granted. These matters usually can wait until the next recess.
Page 3 | Bench Conferences
If your call is not answered, you may leave a voicemail, including your name, contact information, case number, and a detailed message.
If your call is not answered, you may leave a voicemail, including your name, contact information, case number, and a detailed message.
Page 1 | Communications with Chambers
Call (619) 695-5870 or email Loraine_Odierno@casd.uscourts.gov for docketing/scheduling.
For docketing, scheduling and calendaring matters, call Courtroom Deputy Clerk Loraine Odierno at (619) 695-5870 or email her at Loraine_Odierno@casd.uscourts.gov.
Page 1 | Communications with Chambers
Telephone calls permitted for non-docketing matters; call (619) 557-5405 for law clerks.
Telephone calls to chambers are permitted. For matters other than docketing, scheduling or calendaring, call chambers at (619) 557-5405, and address your inquiries to the Law Clerks.
Page 1 | Communications with Chambers