Southern District of California Document Filing Requirements

Motions requiring factual findings must be supported by declarations.

Source text: Criminal motions requiring a predicate factual finding shall be supported by declaration(s). See Crim. L.R. 47.1(g)(1). The Court need not grant an opposition.

Proposed orders must be emailed in Word format to efile address, except joint continuance motions.

Source text: Parties should submit all proposed orders to the Court’s e-mail address in Word format to efile_bashant@casd.uscourts.gov. Joint motions to continue hearings are exempt and do not require proposed orders.

Proposed voir dire questions and verdict forms due three court days before trial.

Source text: Counsel may file proposed voir dire questions and verdict forms no later than three court days before the date of trial.

Trial briefs due five court days before trial on significant disputed legal issues.

Source text: The parties may submit trial briefs no later than five court days before the date of trial concerning all significant disputed issues of law, including any and all foreseeable procedural and evidentiary issues with citation of relevant statutes, ordinances, rules, cases, and other authorities. See Crim. L.R. 23.1.

Witnesses must be present at trial start or readily available.

Source text: All witnesses must be present at the start of trial or readily available to take the stand. It is not acceptable for a jury to wait while counsel attempts to locate a witness.

Counsel must instruct witnesses not to discuss case with jurors.

Source text: It is also counsel’s responsibility to instruct witnesses and parties not to discuss their testimony or discuss the case outside of court in the presence of any jurors or in any location where jurors may overhear.

Attorneys must stay in well except during specific proceedings and maintain distance from jury.

Source text: Please do not enter the well, except during voir dire, opening statements and closing argument. When addressing the jury, do not come any closer than the edge of the Court Reporter’s desk. Conduct all examination of witnesses from the lectern and please seek permission from the Court before approaching any witness. Also, please keep your visit to the witness stand brief. For example, quickly orient the witness with an exhibit and return to the lectern.

Counsel must arrange interpreters through Interpreter Services Department.

Source text: Notify the Court if an interpreter is needed. It is counsel’s responsibility to make arrangements with the Interpreter Services Department at (619) 557-5172.

Parties must provide stipulated transcript for video/audio evidence.

Source text: Consequently, the parties must provide a stipulated transcript of the video or audio tape.

Objections must state only legal grounds, no speaking objections.

Source text: When objecting, 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.

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

Source text: 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.

Government counsel must provide exhibit/witness lists and pre-mark exhibits on first trial day.

Source text: Government counsel must provide a list of exhibits and witnesses, and give 3 copies to the courtroom deputy on the first day of trial. All exhibits must be pre-marked on the first day of trial. Exhibit stickers may be obtained from the Clerk of the Court in advance of trial, or exhibits may be marked electronically with the case number and exhibit numbers.

Notice of motion must state conference date if motion is filed.

Source text: 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 notice of motion a statement to the following effect: "This motion is made following the conference of counsel that took place on [date]."

Include “NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT” in motion caption.

Source text: Parties must also include the following language in the caption of their motions directly underneath the hearing date, unless notified otherwise by the Court: “NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.”

Proposed orders must be in Word format, without filer info or “proposed” in caption.

Source text: Any proposed orders must be submitted in Word format simultaneously with all motions. 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.

Do not file proposed orders or signature documents on the docket.

Source text: Proposed orders or other documents requiring the judge’s signature must not be filed on the docket.

Joint statement of undisputed facts required 10 days before hearing.

Source text: No later than ten days before the hearing date, the parties must meet and confer in person or by telephone to arrive at a joint statement of undisputed material facts, which must be filed no later than the reply brief. The parties must also email the joint statement in Word format to efile_bashant@casd.uscourts.gov.

Objections must be in opposition or reply brief, no separate statements.

Source text: Objections to evidence submitted in support of a motion must be contained within the opposition brief, and objections to evidence submitted in support of an opposition must be contained within the reply brief. No separate statements of objections will be allowed.

Ex parte declaration must document contact efforts, meet-and-confer, and opposing counsel's position

Source text: The declaration required by Civil Local Rule 83.3(g) must document the following: (1) efforts to contact opposing counsel, (2) counsel’s good faith, in person or by telephone meet-and-confer efforts to resolve differences with opposing counsel, and (3) opposing counsel’s general position regarding the ex parte application.

Stipulations must be filed as joint motions and require court signature.

Source text: 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.

Settlement requires immediate notice and joint motion to dismiss within 28 days.

Source text: If the parties settle a case, counsel must immediately notify this Court and the magistrate judge of the settlement. Unless a “Notice of Dismissal” is filed under Federal Rule of Civil Procedure 41(a)(1), for which a court order is not required, the parties must file a “Joint Motion to Dismiss” and email a proposed order to this Court within twenty-eight days of the settlement.

Joint proposed pretrial order required 14 days before pretrial conference.

Source text: Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email to chambers a joint proposed pretrial order at least fourteen days before the pretrial conference. The proposed pretrial order must strictly comply with the requirements set forth in Civil Local Rule 16.1(f)(6)(c). All parties are required to cooperate in completing the proposed pretrial order.

Order required to bring electronic equipment into courthouse.

Source text: Counsel will need an order to bring any laptops, tablets, or other electronic equipment into the courthouse. An order must be obtained

Final Exhibit and Witness Lists must be exchanged and emailed to chambers 7 days before trial.

Source text: The parties must also exchange their Final Exhibit and Witness Lists seven days before trial. They must also email a copy of their Final Exhibit and Witness Lists to chambers by the same date.

Proposed Findings of Fact and Conclusions of Law due 14 days before trial.

Source text: Fourteen days before trial, counsel must serve and file proposed Findings of Fact and Conclusions of Law. An electronic copy must also be emailed to efile_bashant@casd.uscourts.gov in Word format.

Speedy Trial Act exclusions require specific factual justification.

Source text: Any party seeking to exclude time under the Speedy Trial Act based on the “ends of justice” must file a motion setting forth the specific facts justifying that exclusion based on the required factors. See 18 U.S.C. § 3161(h)(7)(B).

Peremptory strikes must be submitted simultaneously in writing, double-blind.

Source text: The parties must submit their peremptory strikes simultaneously in writing, in double-blind fashion.

A sealing motion must provide table-form, particularized grounds for each redaction and cannot rely on generalized privilege assertions.

Source text: The parties must explain in a table format the grounds on which they seek to seal each redaction. Motions that merely recite a general privilege category, or that do not provide a particularized explanation for every piece of information sought to be sealed, will be summarily denied.

A party must submit a proposed order at least seven days before the appearance to use courtroom electronic or audio/visual equipment, and the order must itemize equipment and use dates.

Source text: At least seven days before the relevant court appearance, a party who wishes to use any electronic or audio/visual equipment in court must lodge a proposed order seeking leave to do so. The proposed order must itemize all equipment along with the proposed dates for use in court.

Filings subject to the meet-and-confer rule must include a certification or declaration confirming compliance.

Source text: The filing party must include a certification or declaration documenting that this rule has been satisfied.

Parties must submit proposed jury instructions, verdict forms, and voir dire questions, with a limited defense exception when only joint submissions are requested.

Source text: All parties must submit proposed jury instructions, verdict forms, and voir dire questions, and the government must specify which, if any, instructions, forms, and questions are jointly proposed. If the defense requests nothing beyond the joint submissions, the defense need not file anything.

Transcripts/exhibits must be provided to opposing party before court appearance.

Source text: A party relying on a transcript or an audio/visual exhibit for court must provide the transcript or exhibit to the other side sufficiently before the relevant court appearance to allow the parties to meet and confer on any possible redactions or portions to be shown or heard.

Presenting party must arrange for foreign-language interpreters.

Source text: It is the sole responsibility of the party presenting foreign-language testimony to arrange for an interpreter.

Foreign-language exhibits must be accompanied by translation.

Source text: Any foreign-language exhibits must be accompanied by a translation.

7-day notice required for electronic equipment in court.

Source text: At least seven days before the relevant court appearance, a party who wishes to use any electronic or audio/visual equipment in court must lodge a proposed order seeking leave to do so.

Proposed order must list all equipment and dates.

Source text: The proposed order must itemize all equipment along with the proposed dates for use in court.

Signed order must be presented to security for approved equipment.

Source text: When approved equipment is brought into the courthouse, the signed order must be presented to security personnel.

Immediate notification required when case settles.

Source text: If a case settles, the parties must immediately notify this Court and the assigned Magistrate Judge.

Jurisdiction retention allowed with specific consent and language.

Source text: But the Court may grant a joint motion to dismiss that contains a jurisdiction-retaining provision if: (i) it is accompanied by a fully executed Consent to Exercise of Jurisdiction by a United States Magistrate Judge covering all disputes arising out of the settlement agreement; and (ii) the joint motion and proposed order include this language: 'The Magistrate Judge shall retain jurisdiction over all disputes between and among the parties arising out of the settlement agreement, including but not limited to the interpretation and enforcement of that agreement's terms.'

Peremptory strikes must be submitted simultaneously in double-blind fashion.

Source text: The parties must submit their peremptory strikes simultaneously in writing, in double-blind fashion.

Speaking objections are prohibited; limit objections to legal basis.

Source text: Speaking objections are prohibited. Unless the Court invites further explanation, counsel will limit all objections to their legal basis, such as, 'Objection, hearsay.'

A motion must include a certification/declaration confirming meet-and-confer compliance.

Source text: The moving party must include a certification or declaration documenting that this rule has been satisfied.

Sealing motions must include a table explaining the basis for each requested redaction.

Source text: The parties must explain in a table format the grounds on which they seek to seal each redaction.

Sealing motions must provide a particularized justification for each item to be sealed.

Source text: Motions that merely recite a general privilege category, or that do not provide a particularized explanation for every piece of information sought to be sealed, will be summarily denied.

The final pretrial order must include proposed verdict forms and voir dire questions.

Source text: In addition to any other requirements, see CivLR 16.1(f)(6), the final pretrial order must include proposed verdict forms and voir dire questions.

Parties must identify any non-unanimously proposed portions of the final pretrial order.

Source text: The parties must specify which portions of the final pretrial order, if any, are not unanimously proposed.

Proposed orders must be emailed in Microsoft Word format; Word Perfect documents will be rejected.

Source text: All proposed orders and other documents submitted to the Court should be emailed to efile_cheeks@casd.uscourts.gov in Microsoft Word format. Documents submitted in Word Perfect will be rejected by the Court.

Joint jury instructions required with separate objections.

Source text: Counsel must meet and confer and submit a joint set of agreed jury instructions. Counsel must also submit a separate set of any instructions they propose to which there is an objection.

Attorneys must confer within 14 days after arraignment to agree on timetable.

Source text: Not later than fourteen (14) calendar days after the arraignment on an Indictment or Information, the attorney for the defendant(s) and the attorney for the government must confer and attempt to agree on a timetable and

Discovery timetable and Rule 16 expert disclosure must be submitted 7 days before first motion hearing.

Source text: Not later than seven (7) calendar days prior to the first motion hearing, the parties must inform the Court in writing of the agreed upon timetable for the production of discovery, including the Alien Registration File, video footage, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement.

All motions and ex parte applications require a non-conclusory declaration with specific reasons.

Source text: Counsel shall submit an accompanying declaration on ALL motions and ex parte applications, including request for extraordinary relief. The motion/application and accompanying declaration must be non-conclusory and must plainly set forth (in detail) the specific reasons for the request.

Witness and exhibit lists due 7 days before trial.

Source text: The parties must file witness and exhibit lists seven (7) days prior to the date of the trial, unless otherwise ordered by the Court.

Local Rule 16.1 report of counsel must be on file with discovery timetable and Rule 16 expert disclosure.

Source text: A Local Rule 16.1 report of counsel, the agreed upon timetable for the production of discovery, including the Alien Registration File, video footage, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement must be on file.

Criminal motions requiring factual findings must be supported by declaration(s).

Source text: Criminal motions requiring a predicate factual finding must be supported by declaration(s). See CrimLR 47.1.g.1.

Motions to seal must include next scheduled hearing date.

Source text: The motion must state the date of the next scheduled hearing in the case.

All witnesses must be present or readily available at trial start.

Source text: All witnesses must be present at the start of trial or readily available to take the stand.

Stipulated transcript required for all video/audio exhibits.

Source text: The Court Reporter will not transcriber any videos or audio tapes. Consequently, the parties must provide a stipulated transcript of videos or audio tapes.

Thumb drives required for audio/video exhibits; discs prohibited.

Source text: All audio and video exhibits to be entered into evidence will be submitted to the jury on a thumb drive. Discs will no longer be accepted.

Two thumb drives required: one for record, one for jury.

Source text: Counsel will need to create two thumb drives; one of which will include all marked and admitted exhibits that will be preserved for the record and the second will be a thumb drive containing only admitted exhibits which will be given to the jury for their review.

Table of contents and mutual agreement required for thumb drives.

Source text: Counsel must create a table of contents and mutually agree upon the contents of each thumb drive.

Motions to modify/terminate supervised release must include positions of USAO and Probation Officer.

Source text: Motions and Joint Motions to Modify or Terminate supervised release conditions or the term, must include a statement regarding the positions of the United States Attorney’s Office and the United States Probation Officer supervising the defendant.

Parties must submit written discovery timetable 7 days before first motion hearing.

Source text: Not later than seven (7) calendar days prior to the first motion hearing, the parties must inform the Court in writing of the agreed upon timetable for the production of discovery, including the Alien Registration File, video footage, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement.

ALL motions and ex parte applications must include a non-conclusory declaration detailing specific reasons.

Source text: Counsel shall submit an accompanying declaration on ALL motions and ex parte applications, including request for extraordinary relief. The motion/application and accompanying declaration must be non-conclusory and must plainly set forth (in detail) the specific reasons for the request.

Criminal motions requiring factual findings must include supporting declarations.

Source text: Criminal motions requiring a predicate factual finding must be supported by declaration(s). See CrimLR 47.1.g.1. The Court need not grant an evidentiary hearing where either party fails to properly support its motion or opposition.

Motions to modify or terminate supervised release must include statements of positions from the U.S. Attorney's Office and U.S. Probation Officer.

Source text: Motions and Joint Motions to Modify or Terminate supervised release conditions or the term, must include a statement regarding the positions of the United States Attorney's Office and the United States Probation Officer supervising the defendant.

Motions to seal must include description of documents, legal standard analysis, supporting affidavits, the documents themselves, and the next hearing date.

Source text: Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); (3) affidavits or declarations in support of the motion; and (4) the documents to be sealed. The motion must state the date of the next scheduled hearing in the case.

Witness examination must be done from the podium.

Source text: Witness examination must be done from the podium.

Motions must set hearing date 35 days from filing; include 'NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT' in caption.

Source text: Parties filing a noticed motion must set the hearing date to be thirty-five (35) days from the motion’s filing date.1 Parties should not contact chambers for a motion hearing date. Opposition and reply briefs are due based on the noticed date.2 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. 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: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.

Proposed orders for continuances must be emailed in Word format with specific content and no watermarks.

Source text: The parties must also e-mail a proposed order in Word format to efile_cheeks@casd.uscourts.gov. The proposed order must set forth the current date scheduled, and the new date proposed. Additionally, do not include any watermarks or firm insignia on proposed orders.

Do not enter the well except during voir dire, opening, and closing.

Source text: Do not enter the well, except during voir dire, opening statement and closing argument.

Proposed orders required with all joint/ex parte motions, no watermarks or firm insignia.

Source text: Proposed orders must be submitted simultaneously with the filing of all joint motions or ex parte motions. As stated above, do not include any watermarks or firm insignia on proposed orders.

Sur-replies prohibited unless court grants leave.

Source text: Sur-replies are not allowed unless leave of Court has been granted.

Reconsideration motions must address federal standard and not relitigate previously ruled arguments.

Source text: The motion for reconsideration will specifically address federal standard applicable to motions for reconsideration and the requirements outlined in Civil Local Rule 7.1(i)(1), and will not reallege arguments previously considered and ruled upon by the Court;

All witness examination must be conducted from the podium.

Source text: Conduct all examination of witnesses from the podium.

Daubert motions must be filed by dispositive motion deadline, not as motions in limine.

Source text: Motions addressing the qualifications or testimony of a proposed expert must be brought by the dispositive motion hearing cut-off. They will not be entertained as motions in limine.

Summary judgment motions require a separate statement of undisputed material facts.

Source text: All motions for summary judgment must be accompanied by a separate statement of undisputed material facts.

Failure to include required statement results in discrepancy order.

Source text: If the moving party fails to submit a separate statement of undisputed material facts with the moving papers, the Court will issue a discrepancy order rejecting the motion for summary judgment to discrepant for failing to comply with this Chambers requirement.

Opposition briefs must respond to the moving party's separate statement.

Source text: Any opposition to a summary judgment motion must include a response to the moving party's separate statement of undisputed material facts.

Evidentiary/procedural objections must be filed with opposition brief.

Source text: Any evidentiary and procedural objections to the motion for summary judgment must be filed contemporaneously with the opposition brief.

Moving party must file objections to opposition with reply brief.

Source text: Similarly, the moving party must file any evidentiary and procedural objections to the opposition brief contemporaneously with its reply brief.

Ex parte motions require declaration documenting meet and confer efforts.

Source text: All ex parte motions will be accompanied by a declaration from counsel documenting; (1) efforts to contact opposing counsel; (2) counsel's meet and confer efforts; and (3) opposing counsel's position regarding the ex parte motion.

Seal motions must include document description, legal analysis, and supporting affidavits.

Source text: Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); and (3) affidavits or declarations in support of the motion.

All motions for temporary restraining orders must be briefed.

Source text: All motions for temporary restraining orders must be briefed.

All stipulations must be filed as joint motions and signed by the Court.

Source text: 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.

Settlement requires immediate notice and joint motion to dismiss within 28 days.

Source text: If the parties settle a case, counsel must immediately notify this Court and the magistrate judge of the settlement. Unless a 'Notice of Dismissal' is filed under Federal Rule of Civil Procedure 41(a)(1), for which a court order is not required, the parties must file a 'Joint Motion to Dismiss' and email a proposed order to this Court within twenty-eight days of settlement.

Joint proposed pretrial order required 14 days before pretrial conference.

Source text: Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email to chambers (efile_cheeks@casd.uscourts.gov) a joint proposed pretrial order at least fourteen (14) days before the pretrial conference. The proposed pretrial order must strictly comply with the requirements set forth in Civil Local Rule 16.1(f)(6)(c). All parties are required to cooperate in completing the proposed pretrial order.

Proposed jury instructions and verdict forms must be filed with joint pretrial conference order.

Source text: The parties must file proposed jury instructions and verdict forms with their joint pretrial conference order, unless otherwise ordered by the Court and email a copy in Word format to efile_cheeks@casd.uscourts.gov.

Witness and exhibit lists must be filed 7 days before trial.

Source text: Parties must file witness and exhibit lists seven (7) days prior to trial date, unless otherwise ordered by the Court.

Proposed voir dire questions must be filed 7 days before trial.

Source text: If counsel wish to expand the scope of the judge’s initial voir dire, they may file proposed voir dire questions no later than seven (7) days before the date of trial, unless otherwise ordered by the Court.

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

Source text: 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.

Objections must state only the legal ground.

Source text: When objecting, state only the legal ground for the objection, e.g., 'Objection, hearsay.'

Motions must include 'NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT' in caption.

Source text: The filing party should not specify a hearing time on its motion and must include the following language in the caption of the motion: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.

Summary judgment motions must include a separate statement of undisputed material facts in table format.

Source text: All motions for summary judgment must be accompanied by a separate statement of undisputed material facts.

Ex parte motions require meet and confer with opposing party and declaration documenting contact efforts, meet and confer, and opposing position.

Source text: 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 will be accompanied by a declaration from counsel documenting; (1) efforts to contact opposing counsel; (2) counsel's meet and confer efforts; and (3) opposing counsel's position regarding the ex parte motion.

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

Source text: Any ex parte motion filed with the Court must be served on opposing counsel via facsimile, electronic mail with return receipt requested, or overnight mail.

All motions for temporary restraining orders must be briefed.

Source text: All motions for temporary restraining orders must be briefed.

Parties must file Joint Motion to Dismiss and email proposed order within 28 days of settlement unless filing Notice of Dismissal under FRCP 41(a)(1).

Source text: Unless a "Notice of Dismissal" is filed under Federal Rule of Civil Procedure 41(a)(1), for which a court order is not required, the parties must file a "Joint Motion to Dismiss" and email a proposed order to this Court within twenty-eight days of settlement.

Sentencing summary charts must be filed 7 days before sentencing hearing.

Source text: All counsel shall adhere strictly to Criminal Local Rule 32.1(a)(9), which provides that completed sentencing summary charts must be filed no later than seven (7) days prior to a scheduled sentencing hearing.

Proposed jury instructions due 5 court days before trial; supplemental instructions filed immediately.

Source text: The parties should each submit proposed jury instructions to the Court five (5) court days before trial, unless otherwise ordered by the Court. Supplemental instructions must be filed and served as soon as the need for them becomes apparent.

Proposed orders only for non-dispositive procedural motions; email in Word format to specified address.

Source text: Proposed orders will only be submitted on non-dispositive, procedural motions in accordance with Section 2(h) of the ECF Manual. Counsel should email proposed orders in Word format directly to efile_bencivengo@casd.uscourts.gov.

Ex parte motions must be served on opposing counsel and unopposed motions may be granted after 2 court days.

Source text: Any ex parte motion filed with the Court will be served on opposing counsel via fax, electronic mail with return receipt requested, or overnight mail. Ex parte motions that are not opposed within two Court days will be considered unopposed and may be granted on that ground.

Proposed orders must be submitted simultaneously with motions.

Source text: Proposed orders should be submitted simultaneously with the motion.

Motions in limine due 2 weeks before hearing; opposition due 1 week before.

Source text: Motions in limine are due two weeks before the hearing, with any opposition due one week before the hearing.

Proposed jury instructions due on first day of trial.

Source text: The parties should each submit proposed jury instructions to the Court on the first day of trial, unless otherwise ordered by the Court.

Modifications to instructions must cite specific authority.

Source text: Any proposed modification of an instruction from statutory authority or the Ninth Circuit Models must state specifically the modification and the authority supporting the modification.

Parties must review and suggest modifications to jury instructions.

Source text: It is each party’s responsibility to carefully review the instructions and make suggestions to the Court if modifications appear necessary.

Government must provide exhibit list and pre-mark all exhibits on first trial day

Source text: Government counsel must provide a list of exhibits and give it to the Courtroom Deputy Clerk on the first day of trial. All exhibits must be pre-marked on the first day of trial.

Proposed orders must be submitted with motions.

Source text: Proposed orders should be submitted simultaneously with the motion.

Jury instructions due one week before trial.

Source text: Jury instructions shall be submitted to the Court one week before trial in the following format:

Parties must jointly submit agreed-upon jury instructions.

Source text: The parties are required jointly to submit one set of agreed upon instructions.

If parties disagree on instructions, submit agreed set plus two supplemental sets.

Source text: If the parties cannot agree upon one complete set of instructions, they are required to submit one set of instructions to which they have agreed, and two sets (one for each party) of supplemental instructions to which they have not agreed.

Objections to supplemental instructions must be in writing with full citation.

Source text: All objections to supplemental instructions shall be in writing, set forth the challenged jury instruction in its entirety, identify the objectionable language, and contain citation to authority explaining why the instruction is improper.

Two copies of each jury instruction required.

Source text: Two copies of each instruction should be provided.

Jury instructions must be short, concise, and neutral.

Source text: All instructions should be short, concise, and neutral statements of law.

Modifications to standard instructions must be identified with authority.

Source text: Any modification to a standard instruction must be identified by specifying the modification to the original instruction and the authority supporting the modification.

Voir dire questions and verdict forms due one week before trial.

Source text: The parties shall submit proposed voir dire questions and verdict forms one week before trial.

Objections to evidence must be in opposition or reply brief; separate statements prohibited.

Source text: Objections to evidence submitted in support of a motion must be contained within the opposition brief, and objections to evidence submitted in support of an opposition must be contained within the reply brief. No separate statements of objections will be allowed.

Proposed orders required with all motions and must include "[PROPOSED]" in caption.

Source text: Proposed orders must be submitted simultaneously with all motions. Proposed orders should contain "[PROPOSED]" in the caption.

Proposed orders and signature documents must not be filed on the docket.

Source text: Proposed orders or other documents requiring the Judge’s signature must not be filed on the docket.

Ex parte motions require declaration documenting contact efforts and meet and confer attempts.

Source text: 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 position regarding the ex parte motion.

Joint motion to dismiss and proposed order required within 28 days of settlement.

Source text: Unless a notice of dismissal is filed under Federal Rule of Civil Procedure 41(a)(1) for which a court order is not required, the parties must file a joint motion to dismiss and email the proposed order to the Court within twenty-eight (28) days of the settlement.

Proposed pretrial order required 7 days before pretrial conference.

Source text: Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email a proposed pretrial order in Word (.doc) format to efile_simmons@casd.uscourts.gov at least seven (7) days before the pretrial conference.

Trial exhibits must be submitted electronically 3 days before trial.

Source text: 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.

Final Exhibit and Witness Lists must be exchanged and emailed to chambers 1 week before trial.

Source text: The parties must also exchange their Final Exhibit and Witness Lists one (1) week before trial and email a copy of their Final Exhibit and Witness Lists to chambers one (1) week before trial.

All exhibits must be pre-marked on the first day of trial.

Source text: All exhibits must be pre-marked on the first day of trial.

Proposed orders required with all motions in Word format.

Source text: Proposed orders must be submitted simultaneously with all motions. Proposed orders should include "[PROPOSED]" in the caption. 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.

Documents requiring Judge's signature must not be filed on docket.

Source text: Proposed orders or other documents requiring the Judge's signature must not be filed on the docket.

Proposed jury instructions due 14 days before trial, emailed in Word format.

Source text: The parties must file proposed jury instructions fourteen (14) days prior to the date of trial, unless otherwise ordered by the Court and email a copy in Word to efile_simmons@casd.uscourts.gov.

Trial briefs due 5 court days before trial on significant disputed legal issues.

Source text: Pursuant to Criminal Local Rule 23.1, the parties may, no later than five (5) court days before the date of trial, serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues with citation of relevant statutes, ordinances, rules, cases and other authorities.

Proposed voir dire questions and verdict forms due on motions in limine hearing day.

Source text: Counsel may serve and file proposed voir dire questions and verdict forms on the day set for motions in limine.

Proposed orders are required with all motions.

Source text: Proposed orders must be submitted simultaneously with all motions.

Proposed orders must include "[PROPOSED]" in the caption.

Source text: Proposed orders should contain "[PROPOSED]" in brackets in the caption.

Proposed orders must be emailed in Word format to specific email address with case number and name in subject line.

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

Documents requiring Judge's signature must not be filed on the docket.

Source text: Proposed orders or other documents requiring the Judge's signature must not be filed on the docket.

Sealing motions must include legal standard, reasons, injury analysis, less restrictive alternatives, declarations, unredacted highlighted version, and proposed order in table format.

Source text: Sealing motions must include the following: 1. A specific statement of the applicable legal standard and the reasons for keeping a document under seal, including an explanation of a. the legitimate private or public interests that warrant sealing; b. the injury that will result if sealing is denied; and c. why a less restrictive alternative to sealing is not sufficient; 2. Evidentiary support from declarations where necessary; 3. An unredacted version of the document(s) sought to be sealed, with highlights to the alleged confidential or privilege information, as an attachment to the motion with “FILED UNDER SEAL” prominently marked on the first page; and 4. A proposed order that only seals the sealable material, and which lists in table format each document or portion thereof that is sought to be sealed.

Settlement requires immediate notice to court and magistrate judge; joint motion to dismiss and proposed order within 28 days unless Rule 41(a)(1) applies.

Source text: If the parties settle a case, counsel must immediately notify this Court and the magistrate judge. Unless a notice of dismissal is filed under Federal Rule of Civil Procedure 41(a)(1) for which a court order is not required, the parties must file a joint motion to dismiss and email the proposed order to the Court within twenty-eight (28) days of the settlement.

Proposed pretrial order required by email 7 days before pretrial conference; must comply with Local Rule 16.1(f)(6)(c); all parties must cooperate.

Source text: Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email to efile_ohta@casd.uscourts.gov a proposed pretrial order at least seven (7) days before the pretrial conference. The proposed pretrial order must comply with the requirements of Civil Local Rule 16.1(f)(6)(c). All parties are required to cooperate in completing the proposed pretrial order.

Proposed orders required with all motions.

Source text: Proposed orders must be submitted simultaneously with all motions.

Proposed orders must include "[PROPOSED]" in caption.

Source text: Proposed orders should contain the word "[PROPOSED]" in brackets in the caption.

Proposed orders must be emailed in .doc format with case info in subject line.

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

Documents requiring Judge's signature must not be filed on docket.

Source text: Proposed orders or other documents requiring the Judge's signature must not be filed on the docket.

Sentencing summary chart required at least 7 days before sentencing.

Source text: Counsel shall file a sentencing summary chart at a minimum, and may also file a sentencing memorandum, no later than seven days before the

Maximum of five sentencing letters allowed without court permission.

Source text: No party shall submit more than five sentencing letters without leave of Court.

Discovery must be completed three weeks before trial.

Source text: all discovery, including reciprocal discovery and expert discovery, must be completed three weeks before trial.

Expert disclosures due five weeks before trial; rebuttal experts three weeks before.

Source text: The first exchange of expert disclosure will take place five weeks before trial and any exchange of rebuttal experts will take place three weeks before trial.

Jury instructions due two weeks before trial.

Source text: Jury instructions shall be submitted to the Court two weeks before trial in the following format:

Trial briefs on significant disputed issues of law must be filed no later than two weeks before trial.

Source text: Pursuant to Criminal Local Rule 23.1, the parties may, no later than two weeks before the date of trial, serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues.

Proposed voir dire questions, verdict forms, and government witness list must be filed two weeks before trial.

Source text: Counsel must serve and file any proposed voir dire questions, proposed verdict forms, and the government’s list of witnesses no later than two weeks before the date of trial.

Government must provide exhibit list to courtroom deputy on first day of trial.

Source text: Government counsel must provide a list of exhibits and give it to the courtroom deputy on the first day of trial.

All exhibits must be pre-marked on first day of trial.

Source text: All exhibits must be pre-marked on the first day of trial.

Must move for admission or allow Court to inquire about objections before publishing exhibits to jury.

Source text: 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.

Proposed orders must be submitted with the motion.

Source text: A proposed order, if required, must be submitted simultaneously with the relevant motion.

Proposed orders must be emailed in Word format to specific address.

Source text: Counsel must email proposed orders in Word format to efile_Lopez@casd.uscourts.gov, and include the case number and case name in the subject line of the email.

Notice of supplemental authority must include order/opinion copy.

Source text: Under these circumstances, parties may file a notice of supplemental authority that includes a copy of the order or opinion and any case-identifying information.

Joint motions require a proposed order at the time of filing.

Source text: At the time of the filing of a joint motion, a proposed order must be submitted to the Court pursuant to Section 3(C) above.

Amended pleadings must include redline showing changes, except for incarcerated pro se plaintiffs.

Source text: 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.

If no deadline set, parties must file stipulation of dismissal signed by all appearing parties under FRCP 41(a)(1)(A).

Source text: If the magistrate judge does not set a deadline for the filing of a “Joint Motion to Dismiss,” the parties must file a stipulation of dismissal signed by all parties who have appeared pursuant to Federal Rule of Civil Procedure 41(a)(1)(A).

Joint dismissal motions retaining jurisdiction require consent to magistrate judge jurisdiction over settlement disputes, signed by all parties.

Source text: Any joint motion for dismissal that includes a provision that the court retain jurisdiction will be rejected unless it is accompanied by a consent to Magistrate Judge jurisdiction over all disputes arising out of the settlement agreement, including interpretation and enforcement of the settlement agreement, signed by all parties and their counsel.

Proposed pretrial order must strictly comply with Civil Local Rule 16.1(f)(6)(c) requirements.

Source text: The proposed pretrial order must strictly comply with the requirements set forth in Civil Local Rule 16.1(f)(6)(c).

Joint jury instructions must be submitted via email on motions in limine day.

Source text: The parties should submit proposed joint jury instructions in Word format to the Court via email at efile_Lopez@casd.uscourts.gov on the day set for motions in limine. Joint proposed supplemental instructions must be submitted as the need for them becomes apparent.

Joint verdict form must be submitted via email on motions in limine day.

Source text: The parties should also submit a joint proposed verdict form in Word format to the Court on the day set for motions in limine.

Final Exhibit and Witness Lists must be exchanged and emailed to chambers 7 days before trial.

Source text: The parties must also exchange their Final Exhibit and Witness Lists seven (7) days before trial. They must also email a copy of their Final Exhibit and Witness Lists to chambers.

Proposed Findings of Fact and Conclusions of Law must be filed 14 days before trial and emailed in Word format.

Source text: Fourteen (14) days before trial, counsel must serve and file proposed Findings of Fact and Conclusions of Law. An electronic copy of the proposed Findings of Fact and Conclusions of Law must be emailed to efile_Lopez@casd.uscourts.gov in Word format.

Trial briefs on significant disputed issues of law must be filed no later than five court days before trial.

Source text: C. Trial Briefs. Pursuant to Criminal Local Rule 23.1, the parties may, no later than five court days before the date of trial, serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues.

Proposed voir dire questions and verdict forms must be filed on the day set for motions in limine.

Source text: D. Proposed Voir Dire Questions and Verdict Forms. Counsel may serve and file proposed voir dire questions and forms of verdict on the day set for motions in limine.

Government counsel must provide exhibit list to Courtroom Deputy Clerk on first day of trial.

Source text: H. Exhibits. Government counsel must provide a list of exhibits and give it to the Courtroom Deputy Clerk on the first day of trial. 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.

Counsel must move for admission or allow court inquiry before publishing exhibits to jury.

Source text: 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.

Proposed orders required with all motions.

Source text: Any proposed orders must be submitted simultaneously with all motions.

Surreplies and supplemental authority notices require leave of court, except for binding intervening law.

Source text: 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.

Separate Statements of Fact require leave of court; joint statement required instead.

Source text: 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.

Amended pleadings require redline showing changes, except for incarcerated pro se plaintiffs.

Source text: 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.

Stipulations must be filed as joint motions and signed by Court.

Source text: 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.

Trial exhibits must be submitted electronically 3 days before trial.

Source text: 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.

Final Exhibit and Witness Lists must be exchanged 7 days before trial and emailed to chambers.

Source text: 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.

Source text: 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 orders must be submitted with motion and no later than 2 days before hearing.

Source text: Proposed orders should be submitted simultaneously with the motion, and no later than two (2) days prior to the scheduled hearing.

Proposed order must require defendant to acknowledge new date within 48 hours.

Source text: 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.

Non-model jury instructions must be submitted in Word format to efile_huie@casd.uscourts.gov.

Source text: 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.

Source text: 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.

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

Source text: 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.

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

Source text: 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.

All exhibits must be pre-marked on first day of trial.

Source text: 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.

Counsel must move for admission or allow Court to inquire about objections before publishing exhibits.

Source text: 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.

Notice of motion must include statement about pre-motion conference.

Source text: 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 notice of motion a statement to the following effect: 'This motion is made following the conference of counsel that took place on [date].'

Notice of motion must include hearing date and 'NO ORAL ARGUMENT' statement.

Source text: In the caption of its notice of motion and motion, the moving party shall include the selected hearing date and the following: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.

Exhibits must be excerpted, labeled, dated, tabbed, indexed, and cited with docket numbers.

Source text: F. 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 pleadings, motions, and/or Court orders already contained on the electronic docket should not be included as exhibits. Such documents should be clearly cited in the text of the motion referencing the docket number of the document cited and the ECF generated page number for pinpoint cites, enabling the Court to quickly locate the location of the cited material (e.g., Doc. No. ___ at ___).

Proposed orders must not contain filer's name, law firm, or the word 'proposed' in caption.

Source text: 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.

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

Source text: Counsel must email proposed orders in Word format to efile_montenegro@casd.uscourts.gov and include the case number, case name, and identify the motion(s) to which the proposed order corresponds in the subject line of the email.

Proposed orders and signature-required documents must not be filed on the docket.

Source text: Proposed orders or other documents requiring the judge’s signature must not be filed on the docket.

Redline exhibit required with motion to amend or motion may be struck.

Source text: Counsel must attach as an exhibit a redline from the operative pleading to the new pleading or the Court may strike the motion and proposed amended pleading.

Ex parte applications must be served on opposing counsel via email with return receipt or overnight mail.

Source text: Any ex parte application filed with the Court must be served on opposing counsel via electronic mail with return receipt requested, or overnight mail.

Proposed final pretrial conference order due one week before final pretrial conference.

Source text: Plaintiff(s) must lodge the proposed final pretrial conference order with the Court a week before the final pretrial conference, unless otherwise specified in the Court’s Scheduling Order or other orders.

Final pretrial conference order must comply with Local Rule 16.1(f).

Source text: The final pretrial conference order must strictly comply with Civil Local Rule 16.1(f).

Joint exhibit list required, numbered continuously (not lettered), due with final pretrial order.

Source text: The Court will order counsel to prepare a joint exhibit list due on the same day as the proposed final pretrial conference order, such that all exhibits that may be used at trial appear on one list. All exhibits must be numbered continuously and not lettered. Counsel may agree to number ranges (e.g., Plaintiff has 1–100 and Defendant has 101–200) for their respective uses.

Joint proposed jury instructions must be filed with final pretrial conference order.

Source text: Parties must file joint proposed jury instructions at the same time as the proposed final pretrial conference order unless otherwise ordered by the Court.

Email jury instructions in Word format to specified court email address.

Source text: The parties shall also email the instructions in Word format to the Court’s email address at efile_montenegro@casd.uscourts.gov.

Form instructions must include citations to Ninth Circuit Manual and/or CACIs.

Source text: With respect to form preliminary instructions, general instructions, or concluding instructions, counsel shall include in their joint packet the full text of these instructions with citation to the Ninth Circuit Manual of Model Civil Jury Instructions and/or the Judicial Council of California Civil Jury Instructions (“CACIs”).

Undisputed instructions must be labeled as "Stipulated Instruction" with citations.

Source text: If the instruction is undisputed, the instruction shall be identified as “Stipulated Instruction No. _ re _____.” Even if the parties stipulate to the instruction, each instruction should be accompanied by a citation to the Model Civil Jury Instructions and/or other authority.

Settlement requires immediate notice and joint motion to dismiss within 28 days.

Source text: If the parties settle a case, counsel must immediately notify this Court and the magistrate judge of the settlement. Unless a “Notice of Dismissal” is filed under Federal Rule of Civil Procedure 41(a)(1), for which a court order is not required, the parties must file a “Joint Motion to Dismiss” and email the proposed order to this Court within twenty-eight (28) days of the settlement.

Proposed orders must be emailed to judge's address with motion, 2 court days before hearing.

Source text: 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_Montenegro@casd.uscourts.gov. Proposed orders should be submitted simultaneously with the motion, no later than two (2) Court days prior to the scheduled hearing.

Sentencing Summary Chart and Sentencing Memorandum required in all cases.

Source text: Both parties must file a Sentencing Summary Chart and Sentencing Memorandum in all cases.

Maximum of 5 letters allowed unless court authorizes more.

Source text: No party shall submit more than five (5) letters unless authorized by the court for good cause shown.

Defense counsel must provide client with Supervised Release conditions before sentencing.

Source text: The Court expects defense counsel to read, explain, and provide their client with a copy of the Mandatory and Standard Conditions of Supervised Release prior to sentencing.

Sentencing Guideline recommendations must be supported by the record.

Source text: The parties must ensure that their respective Sentencing Guideline recommendations are supported by the record before the Court.

Strict compliance required with Criminal Local Rule 32.1.

Source text: The parties are expected to strictly comply with the requirements and deadlines in Criminal Local Rule 32.1.

Motions to modify/terminate supervised release must include positions of USAO and Probation Officer.

Source text: Motions and Joint Motions to Modify or Terminate supervised release conditions or the term, must include a statement regarding the positions of the United States Attorney’s Office and the United States Probation Officer supervising the defendant.

Proposed orders must be submitted with the motion.

Source text: Proposed orders should be submitted simultaneously with the accompanying motion.

Jury instructions due 1 week before in limine hearing.

Source text: The parties must submit proposed preliminary and final jury instructions to the Court no later than one (1) week prior to the in limine motion hearing date, unless otherwise ordered by the Court.

Trial briefs due 5 court days before trial.

Source text: Pursuant to Criminal Local Rule 23.1, the parties may, no later than five (5) court days before the date of trial, serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues.

Voir dire questions and verdict forms due on motions in limine day.

Source text: Counsel may serve and file proposed voir dire questions and forms of verdict on the day set for motions in limine.

Government must provide exhibit list to courtroom deputy on first day of trial.

Source text: Government counsel must provide a list of exhibits and give it to the Courtroom Deputy Clerk on the first day of trial.

All exhibits must be pre-marked on first day of trial.

Source text: All exhibits must be pre-marked on the first day of trial.

Must move for exhibit admission or allow court inquiry before publishing to jury.

Source text: 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.

Do not enter the well except during voir dire, opening, and closing.

Source text: Do not enter the well, except during voir dire, opening statement and closing argument.

All witness examinations must be conducted from the podium.

Source text: Conduct all examinations of witnesses from the podium.

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

Source text: 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.

Objections must state only legal grounds; speaking objections prohibited.

Source text: 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.

Do not talk to opposing counsel in front of jury; seek clarification from court.

Source text: Refrain from talking to each other in the presence of the jury. If clarification on a matter is needed, please seek clarification from the Court and not directly from counsel.

Rule 11 requires reasonable inquiry and certification of well-grounded filings.

Source text: “Rule 11 imposes a duty on attorneys [and pro se litigants] to certify that they have conducted a reasonable inquiry and have determined that any papers filed with the court are well grounded in fact[ and] legally tenable.”

Objections to evidence must be in opposition or reply brief; no separate objection statements allowed.

Source text: Objections to evidence submitted in support of a motion must be contained within the opposition brief, and objections to evidence submitted in support of an opposition must be contained within the reply brief. No separate statements of objections will be allowed or considered.

Failure to exercise due care with AI-generated work may result in Rule 11 violations and sanctions.

Source text: Accordingly, failure to exercise due care in reviewing and filing work product created with the assistance of generative AI tools may violate Rule 11 and other applicable standards of practice and expose the filer to sanctions or other corrective or disciplinary action.

Dismissal motions retaining jurisdiction require signed Magistrate Judge Consent Form.

Source text: Any joint motion for dismissal or notice of dismissal that includes a provision that the Court retain jurisdiction will be rejected unless it is accompanied by a Consent to Jurisdiction by a United States Magistrate Judge form ("Consent Form") over all disputes arising out of the settlement agreement, including interpretation and enforcement of the settlement agreement, signed by all parties and their counsel.

Proposed jury instructions due 2 weeks before PTC.

Source text: Unless otherwise ordered by the Court, the parties shall serve their proposed preliminary and final jury instructions on each other with sufficient time to meet, confer, and jointly file a complete set of agreed-upon instructions no later than two (2) weeks before the PTC.

Objections to supplemental jury instructions due 1 week before PTC.

Source text: If the parties file supplemental sets of instructions not agreed upon, any objections shall be due no later than one (1) week before the PTC. Any objection shall contain a concise statement of argument concerning the objection, including citations to authority.

Email jury instructions in Word format to E-file Email.

Source text: In addition to filing the proposed preliminary and final jury instructions on the docket, the parties shall email the agreed-upon instructions and any supplemental instructions not agreed upon in Word format to the E-file Email.

Joint jury questionnaire and verdict form due 2 weeks before PTC.

Source text: Unless otherwise ordered by the Court, following meet-and-confer efforts, counsel shall serve, file, and lodge in Word format to the E-file Email a joint proposed jury questionnaire for use during voir dire and a joint proposed verdict form no later than two (2) weeks before the PTC.

Objections to jury questionnaire/verdict form due 1 week before PTC.

Source text: Any written objections to the other party’s proposed jury questionnaire and/or verdict form must be filed no later than one (1) week before the PTC.

Email jury questionnaire and verdict form in Word format to E-file Email.

Source text: In addition to filing the proposed jury questionnaire(s) and verdict form(s) on the docket, the parties shall email the proposed jury questionnaire(s) and verdict form(s) in Word format to the E-file Email.

Stipulations must be in writing and marked as exhibit.

Source text: Stipulations and agreements must be reduced to writing and marked as an exhibit. All facts that are not contested must be listed in a form suitable to be read to the jury.

Witness and exhibit lists due to Ms. Ortiz on first day of trial, all exhibits must be pre-marked.

Source text: On the first day of trial, each party shall provide Ms. Ortiz with two (2) copies of its witness and exhibit lists in the form specified in Civil Local Rules 16.1(f)(2)(c) and (d). All exhibits must be pre-marked on the first day of trial.

Exhibits must have witness testimony to be admitted.

Source text: Even if the parties stipulate to their admission, the Court will not receive into evidence any exhibits that have not been the subject of witness testimony.

Demonstrative exhibits must be exchanged 7 days before trial, objections due 3 court days before trial.

Source text: No later than seven (7) calendar days before the start of trial, the parties shall exchange any demonstrative exhibits that will be used during opening statements or during the testimony of any expert witness. Any objections to the demonstrative exhibits must be filed no later than three (3) court days before the first day of trial.

Parties must file the joint case management statement at least ten calendar days before the initial case management conference.

Source text: The parties must file a Joint Case Management Statement no later than ten calendar days before the initial Case Management Conference scheduled pursuant to CivLR 16.1.d that includes the following information:

The joint case management statement must include jurisdiction, service status, and any proposed service deadline.

Source text: 1. Jurisdiction and Service: The basis for this Court’s subject matter jurisdiction over plaintiff’s claims and defendant’s counterclaims; whether any parties remain to be served; and a proposed deadline for service if any parties remain to be served.

The joint case management statement must provide a brief factual chronology and identify principal factual disputes.

Source text: 2. Facts: A brief chronology of the facts and a statement of the principal factual issues in dispute.

The joint case management statement must briefly identify disputed legal issues with statute and case citations, without extended argument.

Source text: 3. Legal Issues: A brief statement, without extended legal argument, of the disputed points of law, including citations to specific statutes and relevant cases.

The joint case management statement must list past and pending motions, their status, and anticipated future motions.

Source text: 4. Motions: All past and pending motions relating to this case, their current status, and any anticipated future motions.

The joint case management statement must address expected pleading amendments and propose a deadline to amend pleadings.

Source text: 5. Amendment of Pleadings: The extent to which current parties, claims, or defenses are expected to be modified (i.e., added or dismissed), and a proposed deadline for amending the pleadings.

The joint case management statement must include a Rule 26(f) checklist certification and a summary of any checklist disputes.

Source text: 6. Checklist for Rule 26(f) Conference: A certification that the parties have reviewed the Court’s Checklist for Rule 26(f) Conference, which can be found at https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Rule%2026(f)%20Conference%20Checklist.pdf, and a summary of any actual or anticipated disputes regarding items on the Checklist.

The joint case management statement must state whether parties fully and timely complied with initial disclosure obligations under Rule 26(a)(1).

Source text: 7. Disclosures: Whether there has been full and timely compliance with the initial disclosure requirements of Fed. R. Civ. P. 26(a)(1).

The joint case management statement must disclose related cases or proceedings in this court or other tribunals.

Source text: 9. Related Cases: Any related cases or proceedings pending before another judge of this Court, or before another court or administrative body.

The joint case management statement must detail all requested relief and damages calculations, including the responding party’s damages-calculation basis if liability is found.

Source text: 10: Relief: All relief sought through complaint or counterclaim, including the amount of any damages sought and a description of the bases on which damages should be calculated. Additionally, any party from whom damages are sought must describe the bases upon which it contends damages should be calculated if liability is established.

The joint case management statement must summarize settlement discussions with dates, participants, and outcomes.

Source text: 11. Settlement: Summary of any formal or informal settlement discussions, including dates, participants, and outcomes.

The joint case management statement must propose dates for expert disclosures, discovery and motion cutoffs, pretrial conference, and trial.

Source text: 12. Scheduling: Proposed dates for expert disclosures, discovery and motion cutoffs, pretrial conference, and trial.

The joint case management statement must specify jury or bench trial and estimated trial length.

Source text: 13. Trial: Whether the case will be tried to a jury or to the Court, and the expected length of the trial.

The joint case management statement must address whether each party filed any required notice of party with financial interest under CivLR 40.2.

Source text: 14. Disclosure of Non-Party Interested Entities or Persons: If applicable, whether each party has filed a Notice of Party with Financial Interest required by CivLR 40.2.

The joint case management statement must confirm that all listed attorneys reviewed CivLR 2.1 and agree to follow the court’s code of conduct.

Source text: 15. Professional Conduct: Confirmation that all attorneys who will be listed in the pleadings or motions for any party have reviewed CivLR 2.1 and agree to abide by the Court’s Code of Conduct.

In patent cases, the joint case management statement must address proposed patent-rule deadline changes, claim-construction discovery limits, and whether damage discovery should be phased.

Source text: 16. Patent Cases: Proposed modifications to the deadlines provided in the Patent Local Rules; the need for, and specific limits on, discovery relating to claim construction; and whether there is a need to phase damage discovery.

The joint case management statement must include other matters that may help resolve the case justly, quickly, and inexpensively.

Source text: 17. Other Matters: Any other matters that may facilitate the just, speedy, and inexpensive disposition of this matter.

Joint Case Management Statement due 10 calendar days before initial Case Management Conference

Source text: The parties must file a Joint Case Management Statement no later than ten calendar days before the initial Case Management Conference scheduled pursuant to CivLR 16.1.d that includes the following information:

Litigation holds required for preserving ESI.

Source text: The parties should confirm that they are preserving relevant evidence, including electronically stored information (“ESI”), and that proper litigation holds are in place.

Sources of relevant information and software applications must be disclosed.

Source text: The parties should discuss the sources of relevant information, including corporate and personal accounts, and disclose all software and applications that are used to generate, manage, and store that information.

Bond documents must be presented to CRD for review before chambers; must include Court's Order of Conditions of Release.

Source text: Counsel must present all bond documents in the form approved by the Court to Judge Goddard's CRD for review before bringing them to chambers. See Crim.LR. 46.1 for more information. The bond documents must include a copy of the Court’s Order of Conditions of Release applicable to the defendant.

Class A Misdemeanor cases require sentencing summary chart/memorandum filed 2 days before sentencing or plea hearing.

Source text: In Class A Misdemeanor cases, counsel shall file a sentencing summary chart and/or sentencing memorandum no later than 2 days before the sentencing hearing or change of plea hearing.

Order requires meet and confer, joint discovery plan, initial disclosures, ENE statements, and conference attendance.

Source text: Please read this order carefully. The order will require, among other things, the parties to meet and confer, file a joint discovery plan, serve initial disclosures, lodge ENE statements, and attend the ENE/CMC conference.

Parties must comply with all requirements in orders.

Source text: Again, read the orders carefully as parties are required to comply with all of the requirements contained therein.

All named parties, representatives, insurance adjusters, and principal attorneys must participate in settlement proceedings.

Source text: All named parties and party representatives, insurance adjusters for insured parties, and principal attorneys are required to participate in the settlement proceeding and must be legally and factually prepared to discuss settlement of the case.

Full settlement authority required for all attendees; limited authority not acceptable.

Source text: The Court further requires that all attendees have 'full settlement authority' as defined in the Court's order. A limited or sum certain settlement authority is not acceptable as each party must be able to engage in meaningful face-to-face discussions with the unfettered ability to change the party's settlement position.

Discovery motions must include declaration, discovery request/response, and explanation with legal authority.

Source text: The discovery motion must contain at a minimum 1) a declaration from lead trial counsel establishing compliance with the meet and confer efforts; 2) the exact wording of the discovery request and response, and 3) an explanation as to why the response is inadequate, precisely what additional information the moving party is seeking, and the legal authority supporting the motion.

Stipulated protective orders must be filed as joint motions with electronic signatures.

Source text: All stipulated protective orders must be filed as a joint motion. The joint motion must contain the language of the stipulated protective order sought and the parties’ electronic signatures.

Proposed protective order must be emailed in Word format to efile_major@casd.uscourts.gov.

Source text: The parties must also email a proposed order, in Word format, containing the text of the protective order to efile_major@casd.uscourts.gov.

Ex parte applications must be filed on CM/ECF with specific content

Source text: Appropriate ex parte applications must be filed electronically on CM/ECF necessary. The application also must include a description of the dispute, the relief sought, and a declaration describing the efforts made to resolve the dispute without the Court’s intervention and establishing that reasonable and appropriate notice of the filing of the ex parte application was made to opposing counsel in accordance with Civil Local Rule 83.3.g.

Required attendance for ENE/settlement conferences

Source text: All named parties, party representatives, claims adjusters for insured defendants, and the principal attorney(s) responsible for the litigation must be present in person and prepared to discuss and resolve the case at the ENE or any other settlement conference.

Confidential ENE statements due 7 days before conference

Source text: Unless otherwise ordered, no later than seven (7) days before the ENE, the parties shall lodge confidential statements of five pages or less directly with the chambers of Magistrate Judge White at efile_White@casd.uscourts.gov.

ENE statements must include specific content requirements

Source text: All confidential ENE statements must include: 1. A brief description of the case and the claims asserted; 2. The party's position on liability and damages with controlling legal authority; 3. A specific and current demand for settlement addressing all relief or remedies sought, as well as the specific basis for each type of relief. A general statement that a party will 'negotiate in good faith,' 'offer a nominal cash sum,' or 'be prepared to make an offer at the conference' is not a specific demand or offer); 4. A brief description of any previous settlement negotiations or mediation efforts; 5. If any video or audio recording exists of the incident(s) on which plaintiff's( claims are predicated, counsel must lodge the video as an exhibit to the ENE statement.

Itemized billing statement required for specific consumer protection cases at ENE.

Source text: In cases alleging violations of any or all of the Song-Beverly Consumer Warranty Act, the Magnuson-Moss Warranty Act, the Magnuson-Moss Warranty Act, the Fair Debt Collection Practices Act, the Rosenthal Fair Debt Collection Practices Act, the Truth in Lending Act, or the Fair Credit Reporting Act in which the plaintiff alleges a claim for statutory attorneys’ fees, an itemized billing statement detailing all costs and fees sought by the plaintiff as of the date of the ENE.

Joint Discovery Plan must be filed 7 days before ENE/CMC.

Source text: Consequently, the parties are required to file on CM/ECF a Joint Discovery Plan seven (7) days before the scheduled ENE/CMC.

Joint Discovery Plan must address 8 specific items from Rule 26(f)(3).

Source text: The Joint Discovery Plan must include the parties’ views and proposals for each item identified in Rule 26(f)(3), and specifically address: 1. Whether any parties remain to be served or named in the action...

Stipulated protective orders must be filed as joint motions.

Source text: All stipulated protective orders submitted for the Court’s approval must be filed as a joint motion.

Joint motion must state whether Model Protective Order was adopted.

Source text: The joint motion must contain a statement as to whether the parties adopted the Model Protective Order.

Must explain and redline proposed changes from Model Protective Order.

Source text: If the parties’ proposed language differs from the Model Protective Order, the joint motion must explain the basis for the proposed changes and contain an attachment with a redlined copy of the proposed protective order highlighting the changes.

Must lodge Word version with electronic signatures and Judge White signature line.

Source text: The parties must also lodge a Word version of the proposed stipulated protective order containing the language of the stipulated protective order, the parties’ electronic signatures, and a signature line for Judge White.

Must include 'Continuing Jurisdiction' clause for one-year enforcement.

Source text: If the parties want the Court to retain jurisdiction, the stipulated protective must include the following language: 'Continuing Jurisdiction.' The Court shall retain jurisdiction for a period of one (1) year after the conclusion of this action to enforce the terms of the Protective Order.

Declarations must describe meet and confer efforts for ex parte motions.

Source text: Further, declarations in support of the ex parte motion must describe meet and confer efforts made to resolve the dispute without the Court’s intervention.

Must follow latest Bluebook guidelines for legal citations.

Source text: When citing legal authority, parties should always follow the latest Bluebook guidelines.

Must include docket number for unreported cases not in citation database.

Source text: If a particular unreported case does not appear in the database the party is using, the party must include the case docket number, as instructed in the Bluebook.

Parties with settlement authority must attend ENE with full authority to settle.

Source text: Counsel and parties with unrestricted settlement authority must come prepared to engage in a detailed discussion of the merits of their respective cases and engage in good faith settlement discussions. The purpose of this authority requirement is to have representatives present who can settle the case during the conference without consulting a superior.

Client representatives needing consultation must attend entire ENE/MSC.

Source text: If counsel or party representatives who are planning to participate in the ENE/MSC would need to communicate with anyone else for authority, approval, acceptance, agreement, or similar confirmation regarding a final resolution of the case, that person is the client representative who must be present throughout the entire ENE/MSC.

Confidential ENE Statement due 7 calendar days before ENE via email.

Source text: No later than seven (7) calendar days before the ENE, each party must lodge a “Confidential ENE Statement” by email to efile_butcher@casd.uscourts.gov.

Joint Discovery Plan due 7 days before ENE/CMC.

Source text: At least seven (7) days prior to the scheduled ENE/CMC, the parties must file a Joint Discovery Plan on CM/ECF.

Confidential Settlement Statement due 7 days before settlement conference via email.

Source text: Each party must lodge a Confidential Settlement Statement at least seven (7) days before the settlement conference by email to efile_butcher@casd.uscourts.gov.

Discovery motions must include verbatim requests, responses, and privilege log items.

Source text: A discovery motion (e.g. motion to compel or an opposed motion for a protective order) must include the following: 1. The verbatim Interrogatory, Request for Admission, Request for Production, Request for Inspection, or deposition question in dispute (highlighting relevant portions); 2. The verbatim response to the request or question; 3. A statement with applicable authorities explaining what relief the moving party seeks and why the Court should grant it; and 4. If a privilege or protection from disclosure is asserted, the line item(s) of the privilege log describing the document(s) in question.

Transcript orders for Judge Butcher must be electronically filed.

Source text: Transcript orders for proceedings before Judge Butcher must be electronically filed.

Plaintiff must serve written settlement proposal with specific monetary demand 28 days before MSC.

Source text: No later than 28 calendar days before the Mandatory Settlement Conference (“MSC”), the Plaintiff must serve on the Defendant a written settlement proposal, which must include a specific monetary demand (and, if applicable, a demand for specific remediation or other action).

Defendant must respond with specific offer amount 21 days before MSC.

Source text: The Defendant must respond to the Plaintiff in writing with a specific offer amount no later than 21 calendar days before the MSC.

Settlement proposals and responses must not be filed with or copied to the Court.

Source text: The parties shall not file or copy the Court on these exchanges.

MSC Statement required 10 days before MSC; optional 5-page Confidential Settlement Letter for Court only.

Source text: No later than 10 calendar days prior to the MSC, each party shall submit a MSC Statement that will be exchanged with the other parties. Each party may also submit an optional Confidential Settlement Letter (not to exceed 5 pages) that will be for the Court’s review only.

Proposed orders must be emailed in Word format without identifying information.

Source text: All proposed orders should be submitted by email (efile_leshner@casd.uscourts.gov) in Word format and should be free of any attorney names, firm names, document management numbers or insignia in the caption, margins or footer.

Plea documents must be lodged by noon day before hearing

Source text: The parties must lodge all plea-related documents no later than noon the day before any change of plea hearing. Where plea-related documents are not timely lodged, the change of plea will be taken off calendar and rescheduled for another day.

Joint Discovery Statement must be lodged within 30 days of dispute.

Source text: No later than 30 calendar days after the date upon which the event giving rise to the discovery dispute occurred (see § V.E), if the parties have been unable to resolve their dispute through the meet and confer process, the parties shall: Lodge a Joint Discovery Statement with the Court.

Stipulated protective orders must be filed as joint motions.

Source text: All stipulated protective orders submitted for the Court's approval must be filed as a joint motion pursuant to CivLR 7.2.

Confirm ESI preservation and litigation holds are in place.

Source text: The parties should confirm that they are preserving relevant evidence, including electronically stored information (“ESI”), and that proper litigation holds are in place. The parties should be wary of applying too narrow a definition of what constitutes relevant ESI, since a miscalculation could lead to the permanent loss of relevant information.

Boilerplate objections like 'overly burdensome' are inadequate unless explained with reasons.

Source text: Boilerplate, generalized objections are inadequate and tantamount to not making any objection at all.” Walker v. Lakewood Condo. Owners Ass’n, 186 F.R.D. 584, 587 (C.D. Cal. 1999). Accordingly, boilerplate objections, such as “overly burdensome” and “disproportionate to the needs of the case,” will not be considered in resolving the dispute unless the reasons for the objections are obvious or have been explained and expanded in the Joint Motion or in a supporting declaration.

General objections to discovery are not tolerated and should not appear in responses.

Source text: This Court does not tolerate “general objections” to discovery. See Springer v. Gen. Atomics Aeronautical Sys., 16-cv-2331-BTM-KSC, 2018 WL 490745 (S.D. Cal. Jan. 18, 2018). Accordingly, no discovery responses served in matters pending before this Court should contain any such objections, whether as a preface to discovery responses or repeated verbatim in multiple responses.

Objections based on 'reasonably calculated to lead to admissible evidence' are prohibited.

Source text: An objection that discovery is not “reasonably calculated to lead to the discovery of admissible evidence” should under no circumstances appear on any party’s discovery responses. In re Bard IVC Filters Prods. Liab. Litig., 317 F.R.D. 562, 563-4 (D. Ariz. 2016).

Privilege objections must be supported with sufficient information to assess the claim.

Source text: Since a party claiming a privilege must “expressly make the claim” and provide enough information to “enable other parties to assess the claim” (see Fed. R. Civ. P. 26(b)(5)(A)(i)&(ii)), the Court will not consider an unsupported privilege objection. Likewise, bare, unsupported objections referring to contractual privacy obligations will not be considered without some proof of the obligations, such as a supporting declaration.

Rule 34 responses must state a reasonable date for full production; uncertain dates are improper.

Source text: production of responsive documents or state a reasonable but certain date on which all responsive documents will be produced. See Fed. R. Civ. P. 34(b)(2)(B). Parties may accordingly specify future dates to complete large productions, and “rolling” productions are not per se improper. See In re NC Swine Farm Nuisance Litig., 2016 U.S. Dist. LEXIS 87491, at 147-50 (E.D.N.C. July 1, 2016). Uncertain dates for complete production, however, are improper. See Evox Prods. v. Kayak Software Corp., 2016 WL 10586303, at 4 (C.D. Cal. June 14, 2016); Beavers-Gabriel v. Medtronic, Inc., 2015 U.S. Dist. LEXIS 184705, at 23-4 (D. Haw. Mar. 24, 2015); see also Novelty, Inc. v. Mt. View Mktg., 265 F.R.D. 370, 376 (S.D. Ind. 2009) (“Unilaterally deciding to conduct a cursory initial search to be followed by ‘rolling’ productions from subsequent, more thorough, searches is not an acceptable option.”). Accordingly, no party should serve responses to Rule 34 requests that does not indicate a reasonable date for full production of responsive documents.

All key parties must appear in person at settlement conferences.

Source text: All named parties, party representatives, claims adjusters for insured defendants, and the principal attorney(s) responsible for the litigation, must be present in person and prepared to discuss and resolve the case at the ENE or any other settlement conference.

Stipulated protective order motions require order language and all counsel signatures.

Source text: When filing a motion for entry of a stipulated protective order, the motion must include the language of the stipulated protective order and the signatures of counsel for all parties.

Ex parte motions must comply with Civ. LR 83.3(g) and include meet-and-confer declarations.

Source text: All ex parte motions must comply with Civ. LR 83.3(g). Further, declaration(s) in support of the ex parte motion must describe meet and confer efforts made to resolve the dispute without the Court's intervention.

Attorneys and pro se litigants must review this checklist at the Rule 26(f) conference.

Source text: Attorneys and pro se litigants should review the topics set forth in this Checklist at the initial conference required under Fed. R. Civ. P. 26(f).

Parties must discuss protective order necessity before discovery exchange.

Source text: The parties should discuss whether a protective order is necessary prior to exchanging information in discovery and the timing for submitting a proposed order to the Court.

Parties must confirm preservation of relevant evidence and litigation holds.

Source text: The parties should confirm that they are preserving relevant evidence, including electronically stored information ("ESI"), and that proper litigation holds are in place.

Parties must discuss litigation hold scope, date ranges, and custodians.

Source text: The parties should consider and discuss the following: The scope of any litigation hold, including, but not limited to, a description of information sources to be preserved, date ranges for any ESI to be preserved, and names, job titles, or descriptions of custodians for whom ESI will be preserved;

Parties must discuss ESI categories that may be exempt from review/preservation.

Source text: Whether certain categories of ESI need not be reviewed, preserved or produced because they are inaccessible, burdensome, not proportional, or unlikely to yield relevant information;

Parties must discuss whether to continue automatic destruction programs.

Source text: Whether to continue any automatic destruction program, such as ongoing erasures of e-mails, voicemails, videos, or other electronically stored material;

Parties must discuss any disputes regarding preservation scope or manner.

Source text: Any disputes related to the scope or manner of preservation;

Parties must discuss locations of systems storing discoverable information.

Source text: Location of systems in which potentially discoverable information is stored.

Parties must discuss sources of relevant information and disclose software/applications.

Source text: The parties should discuss the sources of relevant information, including corporate and personal accounts, and disclose all software and applications that are used to generate, manage, and store that information.

Parties must discuss search methodologies including TAR and GenAI for ESI.

Source text: The parties should discuss what search methodologies will be used to identify responsive ESI, including the use of search terms, technology assisted review ("TAR"), or Generative Artificial Intelligence ("GenAI") tools, and how those

Discovery motions must include declaration of meet and confer, exact request/response, and explanation with legal authority.

Source text: Any discovery motion must include: 1. A declaration from lead trial counsel establishing compliance with the in-person or videoconference meet and confer requirement; 2. The exact wording of the discovery request and response in dispute; and 3. An explanation as to why the response is inadequate, precisely what additional information the moving party is seeking including any offers to narrow the request, and the legal authority supporting the motion.

Proposed orders must be emailed in Word format without identifying information.

Source text: Proposed Orders: All proposed orders should be submitted by email (efile_Pettit@casd.uscourts.gov) in Word format and should be free of any attorney names, firm names, document management numbers, or insignia in the caption, margins, or footer.

Counsel must obtain client signatures on essential documents before hearings.

Source text: The Court requires counsel to obtain their client=s signature on all essential documents necessary for the hearing to proceed, including waivers of indictment, plea agreements and consent forms, in advance of the hearing.

Plea documents must be delivered to Courtroom Deputy by 12:00 PM on hearing day.

Source text: In addition, all original, fully executed plea documents, including the Rule 11 consent form, must be delivered to the Courtroom Deputy (located on the 12th Floor of the Carter Keep Building) no later than 12:00 PM the day of the hearing (unless otherwise directed by the court).

Sentencing documents must be filed 24 hours before sentencing hearing.

Source text: In cases in which the defendant will be sentenced by Judge Dembin, the Court requests that all sentencing documents be filed 24 hours in advance of the sentencing hearing.

Documents relied upon must be provided 24 hours before hearing.

Source text: Parties must provide all documents being relied upon of the hearing, preferably 24 hours in advance.

Joint bail modification motions require signatures from both counsel, defendant, and must reflect Pretrial Services Officer's position.

Source text: The Court will accept written joint motions for modification of bail conditions in all cases in which the defendant is released on bond. The Joint Motion must be signed by both defense and government counsel, the defendant, and must accurately reflect the position of the Pretrial Services Officer supervising the defendant.

Bail documents must be presented to Courtroom Deputy for review.

Source text: Bail documents, in the format approved by the Court, must be presented to Judge Dembin=s Courtroom Deputy for review.

Bail documents must include specific forms and receipts.

Source text: The bail documents must include, at a minimum, a copy of the Order of Conditions of Release applicable to the defendant, the bail information sheet, the surety addendum(s) and the advice of penalties and sanctions form executed by the defendant, as well as a copy of the receipt of the cash deposit, if required.

Material witness bonds require arraignment date notation.

Source text: Material witness bonds must also be presented to the Courtroom Deputy and must include a notation, in the upper right-hand corner of the bond, of the arraignment date of the material witness.

Briefs must include case facts, settlement demand, and prior negotiations

Source text: a. A brief description of the essential facts of the case and the elements of the claims or defenses asserted; b. A specific and current demand for settlement addressing all relief or remedies sought. If a specific demand for settlement cannot be made at the time the brief is submitted, the reasons must be stated along with a statement as to when the party will be in a position to state a demand; and, c. A brief description of any previous settlement negotiations or mediation efforts.

Joint Discovery Plan due 5 days before ENE/CMC

Source text: The Joint Discovery Plan must be lodged with chambers no later than five (5) days prior to the ENE/CMC.

All named parties and authorized representatives must appear in person

Source text: The Court requires all named parties, lead counsel, and any other person(s) whose authority is required to negotiate and enter into settlement to appear in person at the ENE and other settlement conferences.

After contacting chambers, file ex parte or joint motion for excusal

Source text: Following telephonic contact with chambers, counsel can expect to be instructed to file an ex parte or Joint Motion, as appropriate, which will be granted only upon good cause shown.

Motion to amend scheduling order must include declaration detailing compliance efforts and reasons for deadline issues.

Source text: The motion shall include a declaration by counsel detailing the steps taken to comply with the dates and deadlines set in the order, and the specific reasons why deadlines cannot be met.

Joint Motion must include meet-and-confer declaration and 5-page points and authorities per side.

Source text: The joint motion shall be accompanied by: (1) a declaration of compliance with the meet and confer requirement; and, (2) points and authorities (not to exceed five (5) pages per side).

Proposed orders for joint motions must be emailed in Word, not filed on CM/ECF

Source text: Proposed orders must be submitted simultaneously with the filing of all joint motions. The proposed order should be emailed to efile_battaglia@casd.uscourts.gov in Word. Proposed orders must not be submitted or filed on CM/ECF. See CASD ECF Policies & Procedures § 2(h).

Proposed orders for ex parte motions must be emailed in Word, not filed on CM/ECF

Source text: Proposed orders must be submitted simultaneously with the filing of all ex parte motions. The proposed order should be emailed to efile_battaglia@casd.uscourts.gov in Word. Proposed orders must not be submitted or filed on CM/ECF. See CASD ECF Policies & Procedures § 2(h).

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

Source text: Any ex parte motion filed with the Court must be served on opposing counsel via facsimile, electronic mail with return receipt requested, or overnight mail.

Errata and notices of errata are not permitted.

Source text: Errata and notices of errata are not permitted.

Proposed jury instructions and verdict forms must be filed with joint pretrial conference order and emailed in Word format.

Source text: The parties must file proposed jury instructions and verdict forms with their joint pretrial conference order, unless otherwise ordered by the Court and email a copy in Word to efile_battaglia@casd.uscourts.gov.

Witness and exhibit lists must be filed 7 days before trial.

Source text: The parties must file witness and exhibit lists 7 days prior to the date of the trial, unless otherwise ordered by the Court.

Counsel may use well for opening/closing but must examine witnesses from podium.

Source text: Counsel may freely use the well for opening statement or closing argument. Witness examination must be done from the podium.

Table of contents required for exhibits on thumb drive.

Source text: A table of contents of the exhibits on the thumb drive must be submitted by counsel as well.

Joint responsibility to create thumb drive of exhibits marked but not received in evidence.

Source text: Counsel are also jointly responsible for creating a thumb drive of all exhibits marked for identification but not received in evidence, along with illustrative only exhibits.

Exhibits may not be passed among the jury during trial.

Source text: Exhibits may not be passed among the jury during trial.

Jury notes must be dated and signed by foreperson.

Source text: Please remember that the notes must be dated and signed by the foreperson.

Discovery is stayed until Rule 26(f) conference occurs.

Source text: Discovery is Stayed Until a Rule 26(f) conference Occurs.

Discovery cut-off dates apply.

Source text: Discovery Cut-off Dates.

Timing requirements for joint discovery plan.

Source text: Timing for Submission.

Scope requirements for joint discovery plan.

Source text: Scope of the Plan.

Scheduling considerations for joint discovery plan.

Source text: Scheduling Considerations

Initial disclosure requirements.

Source text: Initial Disclosures [Rule 26(a)(1)(A-D)].

Timing and format requirements for disclosures.

Source text: Timing and Format of Disclosures.

Supplement timing requirements.

Source text: When Are Supplements Required?

Duty extension requirements.

Source text: To Whom Does the Duty Extend?

Timing requirements for supplementation.

Source text: Required Timing of Supplementation.

Requirements for satisfying duty to supplement.

Source text: Satisfying the Duty to Supplement.

Ex parte applications must include affidavit/declaration regarding notice and reasons to dispense with notice under Civ. L.R. 83.3.h.2.

Source text: In the Southern District of California, ex parte applications and orders are covered under Civ. L.R. 83.3.h.2. The application must include an affidavit or declaration with regard to notice, the reasons to dispense with notice, or attempts to provide notice without success. Additional chambers requirements may also be applicable given the assigned judge.

All attorneys of record and unrepresented parties must participate in Rule 26(f) conference.

Source text: The attorneys of record and all unrepresented parties must participate in the Rule 26(f) conference.

Rule 26(f) conference must discuss timing, form, and requirements for Rule 26(a) initial disclosures.

Source text: The timing, the form, or the requirements for the Rule 26(a) initial disclosures.

Rule 26(f) conference must discuss discovery needs, timing, and order.

Source text: Subjects on which discovery may be needed, when discovery should be complete, and in what order discovery should proceed, as well as any other related issues:

Patent cases require discussion of claims, products, devices, and methods in dispute during Rule 26(f) conference.

Source text: In patent cases, discussion should include the identity of the claims, products, devices, methods, etc. in dispute to promote the quality and thoroughness of the required disclosures and help with the planning for discovery.

Joint discovery plan must be submitted within 14 days of Rule 26(f) conference.

Source text: A joint discovery plan must be prepared and submitted to the court within 14 days following the Rule 26(f) conference. Fed. R. Civ. P. 26(f)(2).

Discovery plans are lodged (not filed) with the assigned magistrate judge.

Source text: The discovery plans are not filed, but are lodged in the case, and should be lodged directly with the judge managing the case. In the Southern District of California, that is the assigned magistrate judge.

Discovery plan must address scope of discovery and completion timeline.

Source text: The discovery plan needs to address the discovery that will be sought by each party and the time by which it will be completed.

Parties must discuss and report deadlines for amending pleadings, adding parties, filing dispositive motions, and timing for final pretrial conference and trial.

Source text: The parties should also discuss and report their positions regarding the deadlines for amending the pleadings or adding parties, the last date for filing dispositive motions and their estimates of timing for setting the final pretrial conference and trial.

In patent cases, timing for claim construction hearings and dispositive motions must be included in joint discovery plan.

Source text: In patent cases, the likely timing contemplated for claim construction hearings [See Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996)]; and dispositive motions (i.e., summary judgment) should be included in the joint discovery plan. The other issues required under any local rule (e.g., the Patent Local Rules for the Southern District of California) must also be discussed.

In class action cases, timing for class certification motion and related discovery must be discussed.

Source text: In class action cases, the timing for the contemplated class certification motion should be discussed as well as any necessary discovery on that issue.

In cases with computer-based discovery, protocols and procedures must be addressed in the discovery plan.

Source text: In cases involving discovery of computer-based information or data, counsel should address the protocols or procedures for this discovery as part of the discovery plan.

Daubert issues that are known and will require resolution must be addressed.

Source text: The extent to which issues under Daubert are known and will require resolution.

Need for protective orders regarding proprietary information must be indicated.

Source text: The need for and any issues associated with protective orders with regard to proprietary information should be indicated.

Handling of electronically stored information and attorney-client privilege protection must be addressed.

Source text: The handling of electronically stored information and the method for protection of the attorney client privilege in circumstances of inadvertent disclosure. (See Section X.G., infra).

Disagreements over discovery plan or timing must be noted in joint discovery plan for court resolution.

Source text: Disagreements concerning the plan or differing estimates over timing should be noted in the joint discovery plan for later resolution by the court at the Rule 16(b) Case Management Conference.

All discovery must be completed before motion filing cutoff dates.

Source text: As a general consideration, all discovery should be completed in advance of the motion filing cutoff dates.

In patent cases, Markman issues must be resolved before dispositive motions.

Source text: In patent cases, Markman issues usually need to be resolved in advance of dispositive motions, since claims interpretation must be done before many dispositive motions can be decided.

In Southern District of California, Daubert motions must be heard by dispositive motion cut-off deadline.

Source text: In a 2013 amendment of the Patent Local Rules, the Southern District of California has directed that motions with regard to all Daubert issues, in all patent cases, be heard by the dispositive motion cut-off deadline. Patent L.R. 2.1.a.4.

Depositions must comply with FRCP and FRE.

Source text: Depositions shall otherwise be conducted in compliance with the FRCP and the FRE.

Final Pretrial Conference is set 60-90 days after motion filing cutoff.

Source text: The Rule 16(d) Final Pretrial Conference is set 60 to 90 days after the motion filing cutoff.

Initial disclosures must include witnesses, documents, damages computations, and insurance agreements

Source text: A party must provide the other parties with the names of witnesses and copies of the documents it may use to support its claims or defenses (unless solely for impeachment 7), a computation for and supporting documentation for damages, and applicable insurance agreements:

Initial disclosures must include only information reasonably available at the time

Source text: A party must disclose information “reasonably available” at the time.

Parties need not disclose witnesses or documents they do not intend to use

Source text: A party is not obligated to disclose witnesses or documents, whether favorable or unfavorable, that it does not intend to use

Disclosure obligation triggered by intended use in pretrial, motion, trial, or discovery

Source text: The Committee Note provides, “[the term] ‘use’ includes any use at a pretrial conference, to support a motion, or at trial. The disclosure obligation is also triggered by intended use in discovery, apart from use to respond to a discovery request; use of a document to question a witness during a deposition is a common example.”

Disclosure obligation narrowed from "relevant to" to "supportive of" claims and defenses

Source text: The former rule provided for the disclosure of information that was “relevant to disputed facts alleged with particularity in the pleadings.” (Emphasis added.) This language has been abandoned, thus narrowing the disclosure obligation from subject matter (i.e., relevant to) to supportive of claims and defenses;

Expert information not included in initial disclosures; separate process under Rule 26(a)(2)

Source text: Although no authority or express direction is set forth in the Rule, expert information would not typically be within the scope of initial disclosure. A separate process for expert disclosure exists under Rule 26(a)(2), contemplated to be at a time when discovery is underway, and there is a more complete basis for experts to form their opinions.

Disclosures must be in writing, signed, and served

Source text: The disclosure must be in writing, signed and served, unless otherwise ordered by the court.

Disclosures must be signed by attorney or unrepresented party

Source text: Disclosures must be signed by an attorney of record or an unrepresented party.

Incomplete investigation does not excuse initial disclosure obligations.

Source text: The fact that an investigation is not complete does not excuse a party’s obligation to disclose. See Rule 26(a)(1)(E).

Challenging another party's disclosure does not excuse one's own disclosure obligations.

Source text: The fact that a party challenges the other party’s disclosure does not excuse a party’s obligation to disclose. Id.

Duty to supplement disclosures only when ordered by court or party learns disclosure is incomplete/incorrect

Source text: The duty to supplement disclosures does not require a party to supplement disclosures automatically. The duty is imposed only where a party makes a disclosure under Rule 26(a) and when the party is ordered by the court or, “if the party learns that in some material respect the disclosure or response is incomplete or incorrect[.]”

Duty to supplement satisfied by written disclosure or formal supplementation, not just oral discovery

Source text: The duty to supplement is satisfied when the additional or corrective information has been otherwise made known during the discovery process or in writing. Rule 26(e)(1). A careful practitioner should make sure a writing or formal supplementation or correction is made rather than rely on the argument that the additional or corrective information has been otherwise made available

Failure to supplement can result in exclusion of undisclosed material

Source text: Sanctions are severe and can include exclusion of the material or information that a party has failed to disclose under this Rule. See Chapter XX, infra, regarding sanctions.

Expert disclosure required under Rule 26(a)(2), no opt-out allowed except case-by-case by court

Source text: The Rule mandates disclosure of the expert materials, and does not allow for an “opt out” by local rule or general order. The court, may, on a case-by-case basis, alter these requirements in the interest of justice.

Rule 26(a)(2) compliance is required before using expert testimony at trial.

Source text: Compliance with Rule 26(a)(2) is a condition precedent to the use of expert testimony at trial.

Expert witnesses must be available for deposition after disclosure.

Source text: The party advocating the expert testimony is obligated to make the identified experts available to testify at a deposition [Fed. R. Civ. P. 26(b)(4)].

Written reports required for retained/specially employed expert witnesses.

Source text: The production of written reports is required of expert witnesses who were 'retained or specially employed to provide expert testimony in the case or one whose duties as the party's employee regularly involve giving expert testimony.'

Rebuttal reports must be limited to same subject matter as opposing party's expert disclosure.

Source text: Rebuttal reports are intended solely to contradict or rebut evidence on the same subject matter identified by another party under Rule 26(a)(2)(B) or (C). They are more limited than the “affirmative” expert reports required by the Rule. A rebuttal report that exceeds the scope of the Rule is subject to exclusion.

Same subject matter must be read narrowly for rebuttal reports.

Source text: The phrase “same subject matter” should be read narrowly because a broad reading that “encompass[es] any possible topic that relates to the subject matter at issue [ ] will blur the distinction between ‘affirmative expert’ and ‘rebuttal expert.’

Rebuttal reports cannot introduce new opinions or experts.

Source text: The rebuttal report is not an invitation to bring in new opinions or other experts to present the same opinions provided previously by a parties’ initial experts.

Principal expert disclosures due 90 days before trial or as directed by magistrate.

Source text: Unless otherwise directed by the court, principal information must be disclosed at least 90 days before trial. Fed. R. Civ. P. 26(a)(2)(C). In the Southern District of California, the magistrate judges will impose a schedule relating the disclosure to the pretrial conference, rather than trial.

Rebuttal expert disclosures due 30 days after principal disclosures.

Source text: Unless otherwise directed by the court, contradictory/rebuttal information must be disclosed 30 days after a principal disclosure. Rule 26(a)(2)(D)(ii).

Pretrial disclosures must be made 30 days before trial under Rule 26(a)(3), superseding former 7-day meeting requirement.

Source text: Former Local Civil Rule 16.1.f.10.c required a pretrial meeting of counsel, seven calendar days before trial. This rule was superseded by the 30-day period specified in Rule 26(a)(3). Because the proposed amendments prevent a local rule or general order from altering the deadlines and schedule of the provisions of Rule 26, the new 30-day rule will apply unless otherwise directed by the court.

Pretrial disclosures must be in writing, signed, and served on opposing counsel.

Source text: The disclosures must be made in writing, signed and served upon opposing counsel. Fed. R. Civ. P. 26(a)(4).

Pretrial disclosures must be made at least 30 days before trial.

Source text: These disclosures must be made at least 30 days before trial, unless otherwise directed by the court.

Discovery plan must address ESI production format, search terms/methods, and privilege protection agreements.

Source text: The parties must also develop a discovery plan that form or forms in which it should be produced, search terms or search methods, and whether the parties have agreed to or require the court to enter an order protecting their right to assert privilege after inadvertent production of privileged information.

Protocol for computer data searches including search terms/methods and handling of deleted information in unallocated space must be addressed.

Source text: One issue that needs particular attention is the protocol for computer data searches, including search terms or search methods. This is true in a general sense, but also as it relates to any deleted information which might be occupying 'unallocated space' waiting to be overwritten.

Objections must specify whether responsive materials are being withheld.

Source text: The 2015 Committee Note points out that this will alleviate confusion when objections are stated but documents are otherwise produced, leaving the requesting party uncertain whether responsive information has been withheld on the basis of the objections.

Partial objections must specify the objected portion and allow inspection of the remainder.

Source text: An objection to part of a request must specify the part and permit inspection of the rest.

Privilege-based document withholdings require a privilege log.

Source text: Of course, documents withheld on the basis of privilege will still require a privilege log.

Duty to preserve evidence applies to relevant evidence known or reasonably should be known to be relevant, including before litigation.

Source text: Case law clearly provides litigants have a duty to preserve evidence which is known, or reasonably should be known, to be relevant to the action. Baliotis v. McNeil, 870 F. Supp. 1285 (M.D. Pa. 1994). In fact, the duty to preserve extends to that period before litigation when “a party reasonably should know the evidence may be relevant to anticipated litigation.” E*Trade Sec. LLC v. Deutsche Bank AG, 230 F.R.D. 582, 588 (D. Minn. 2005).

Duty to preserve requires retention of relevant documents within scope of Rule 26(b)(1), including information likely to be requested.

Source text: "A party or anticipated party must retain all relevant documents (but not multiple identical copies) in existence at the time the duty to preserve attaches, and any relevant documents created thereafter.” Zubulake v. UBS Warburg, Inc., 220 F.R.D. 212, 218 (S.D.N.Y. 2003) (“Zubulake IV”)35. This duty does not extend to keeping every document possessed by a party, but rather any document within the classic definition of Fed. R. Civ. P. 26(b)(1) relative to the scope of discovery in federal cases. That is, what a party knows, or reasonably should know, is relevant to any claim or defense in the action, or is reasonably calculated to lead to the discovery of admissible evidence. To that, case law adds information that is reasonably likely to be requested during discovery, or is the subject of a pending discovery request.

Parties must implement litigation hold when litigation is reasonably anticipated.

Source text: Once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a “litigation hold” to ensure the preservation of relevant documents.

Counsel must provide written preservation instructions to clients.

Source text: make sure to provide written instructions to clients regarding the requirement to preserve, including a direction to place a litigation hold to prevent deletion, and communicate the potential consequences for failure to do so.

Witness must ask deposing counsel for clarifications during depositions

Source text: At the beginning of the deposition, deposing counsel shall instruct the witness to ask deposing counsel, rather than the witness’ own counsel, for clarifications, definitions, or explanations of any words, questions, or documents presented during the deposition. The witness shall abide by these instructions;

Most objections must be preserved but not made during depositions

Source text: All objections, except those which would be waived if not made at the deposition under Rule 32(d)(3)(B), and those necessary to assert a privilege, to enforce a limitation on evidence directed by the court, or to present a motion pursuant to Rule 30(d), shall be preserved. Therefore, those objections need not and shall not be made during depositions;

Counsel cannot instruct witnesses not to answer questions except for privilege or court limitations

Source text: Counsel shall not direct or request that a witness not answer a question, unless that counsel has objected to the question claiming the answer is protected by a privilege or a limitation on evidence directed by the court;

Objections must be brief and cannot suggest answers to witnesses

Source text: Counsel shall not make objections or statements which might suggest an answer to a witness. Counsels’ statements when making objections should be succinct and verbally economical, stating the basis of the objection and nothing more;

Private off-the-record conferences between counsel and witnesses are prohibited during depositions

Source text: Counsel and their witness-clients shall not engage in private, off-the-record conferences during depositions;

Deposing counsel must provide copies of all documents shown to witness during deposition, either before or contemporaneously with showing.

Source text: Deposing counsel shall provide to the witness' counsel a copy of all documents shown to the witness during the deposition. The copies shall be provided either before the deposition begins or contemporaneously with the showing of each document to the witness. The witness and witness' counsel do not have the right to discuss documents privately before the witness answers questions about them;

Conferences during deposition must be noted on record with purpose and outcome.

Source text: Any conferences which occur pursuant to, or in violation of, guideline e. shall be noted on the record by the counsel who participated in the conference. The purpose and outcome of the conference shall also be noted on the record;

Deposition examination must proceed as at trial; objections are noted but testimony continues.

Source text: Rule 30(c) provides that the examination 'of a deponent proceed[s] as they would at trial under the Federal Rules of Evidence[.]' This means that counsel should refrain from interjecting comments and statements. That would be inappropriate. Rule 30(c) also provides that if objections are made, testimony is taken subject to the objection.

Rule 30(d)(1) prohibits argumentative/suggestive objections and limits instructions not to answer.

Source text: Rule 30(d)(1) prohibits 'argumentative' or 'suggestive' objections and also limits instructions not to answer.

Witnesses for deposition testimony must be designated in pretrial disclosures at least 30 days before trial.

Source text: A party must designate the witnesses whose testimonies will be presented by deposition, unless it is presented solely for impeachment under Rule 26(a)(3)(A). This is part of the pretrial disclosures required in every federal case. The pretrial designation date will be set as part of the case scheduling order. If no such date has been set, then the designation must be made at least 30 days before trial. A failure to disclose this information could result in exclusion of the evidence. Fed. R. Civ. P. 37(c)(1).

Final Pretrial Order must include list of deposition transcripts by page/line or videotape sections.

Source text: Many judges require parties to submit '[a] list of all deposition transcripts by page and line, or videotape depositions by section that will be offered at trial', as part of the Final Pretrial Order in a case. Civ. L.R. 16.1.f.6. A failure to list this information can result in exclusion of the evidence as a violation of the court's order.

Interrogatories cannot be served before Rule 26(d) timing.

Source text: Interrogatories may not be served before the time specified in Rule 26(d);

Interrogatory responses must be signed by attorney or unrepresented party.

Source text: Like all disclosures and discovery requests, interrogatories' responses and objections must be signed by an attorney of record or by an unrepresented party. Fed. R. Civ. P. 26(g)(1).

Rule 34 requests, responses, and objections must be signed.

Source text: Each request, response or objection must be signed by an attorney of record or by an unrepresented party.

Signed Rule 34 documents must certify compliance with FRCP and good faith.

Source text: The signing certifies, to the best of the signor's knowledge, information, and belief formed after a reasonable inquiry, that the request, response or objection is: Consistent with the FRCP and warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law; Not interposed for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; and, Neither unreasonable, nor unduly burdensome or expensive, considering the needs of the case, prior discovery in the case, the amount in controversy, and the importance of the issues at stake in the action.

Unsigned Rule 34 documents must be struck by court.

Source text: There is no duty for other parties to act on any unsigned disclosure, request, response, or objection, and the court must strike these following notice to the proponent.

Certificate of meet and confer compliance required with discovery motions.

Source text: A certificate of compliance regarding the meet and confer must be filed by the moving party concerning the dispute. Local Civil Rule 26.1.b.

Ex parte motions require declaration documenting contact efforts

Source text: Ex parte motions will be accompanied by a declaration from counsel documenting: (1) efforts to contact opposing counsel; (2) counsel’s meet and confer efforts; and (3) opposing counsel’s position regarding the ex parte motion.

Must complete meet and confer under Rule 26 before motion to compel

Source text: The key in succeeding on a motion to compel is, of course, completing the meet and confer obligation under Rule 26 first.

Discovery motions (Rules 26-37) require a meet and confer certificate of compliance; in-person or telephone conference required, written correspondence prohibited.

Source text: The Court will entertain no motion pursuant to Rules 26 through 37, Fed. R. Civ. P., unless counsel will have previously met and conferred concerning all disputed issues." Id. "If counsel have offices in the same county, they are to meet in person. If counsel have offices in different counties, they are to confer by telephone. Under no circumstances may the parties satisfy the meet and confer requirement by exchanging written correspondence." Id. (emphasis added). A certificate of compliance regarding the meet and confer must be filed by the moving party concerning the dispute. Local Civil Rule 26.1.b.

Ex parte motions must include a declaration documenting meet and confer efforts and be served via fax, email with return receipt, or overnight mail.

Source text: before filing an ex parte motion, counsel must contact the opposing party motions will be accompanied by a declaration from counsel documenting: (1) efforts to contact opposing counsel; (2) counsel's meet and confer efforts; and (3) opposing counsel's position regarding the ex parte motion. Any ex parte motion filed with the Court must be served on opposing counsel via facsimile, electronic mail with return receipt requested, or overnight mail.

Proposed voir dire questions due 7 days before trial

Source text: Counsel may file proposed voir dire questions no later than 7 days before the date of trial.

Motion to Modify Bail requires consent from USAO, sureties, and Pretrial Services.

Source text: Any Motion to Modify Bail must include the consent or position of the U.S. Attorneys Office, the sureties and the assigned Pretrial Services Officer.

LR 16.1 requires parties to confer within 14 days of arraignment on discovery timetable.

Source text: Not later than fourteen calendar days after the arraignment on an Indictment or Information, the attorney for the defendant(s) and the attorney for the government must confer and attempt to agree on a timetable and procedures for the pretrial disclosure of materials set forth in Federal Rule of Criminal Procedure 16.

Parties must inform court in writing 7 days before first motion hearing of discovery timetable and expert witness disclosure.

Source text: Not later than seven calendar days prior to the first motion hearing, the parties must inform the Court in writing of the agreed upon timetable for the production of discovery, including the Alien Registration File, body-port-or remote cam video, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement.

Local Rule 16.1 report required with continuance requests

Source text: In addition, a Local Rule 16.1 report of counsel, the agreed upon timetable for the production of discovery, including the Alien Registration File, body-port-or remote cam video, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement. must be on file.

Criminal motions requiring factual findings must be supported by declarations

Source text: Criminal motions requiring a predicate factual finding must be supported by declaration(s). See CrimLR. 47.1.g.1. The Court need not grant an evidentiary hearing where either party fails to properly support its motion or opposition.

Must confer with probation officer before seeking court order for probation documents

Source text: Where counsel wish access to documents in the possession of the United States Probation Office in connection with sentencing, they must confer with the probation officer to determine what documents are in fact available and whether the probation officer has any objection to their disclosure. Where no objection exists, counsel must then file an application for a court order authorizing the probation officer to release the documents.

Defense counsel must provide supervised release conditions to clients before sentencing

Source text: The Court expects defense counsel, in any felony matter, to read, explain, and provide their client with a copy of the Mandatory and Standard Conditions of Supervised Release prior to sentencing.

Motion to seal must include date of next scheduled hearing

Source text: The motion must state the date of the next scheduled hearing in the case.

Trial briefs due same day as motions in limine

Source text: Trial Briefs: Trial briefs are due the same date as Motions in Limine are to be filed. The parties should consult CrimLR 23.1 regarding proper form and content.

Proposed jury instructions and verdict forms due 7 days before trial, email Word copy

Source text: The parties must file proposed jury instructions and verdict forms 7 days prior to the date of trial, unless otherwise ordered by the Court and email a copy in Word to efile_battaglia@casd.uscourts.gov.

Witness and exhibit lists due 7 days before trial

Source text: The parties must file witness and exhibit lists 7 days prior to the date of the trial, unless otherwise ordered by the Court.

Audio and video exhibits must be submitted

Source text: All audio and video exhibits to be entered into evidence will be submitted

Motions to modify supervised release must include USAO and PO positions.

Source text: Motions and Joint Motions to Modify or Terminate supervised release conditions or the term, must include a statement regarding the positions of the United States Attorney’s Office and the United States Probation Officer supervising the defendant.

Criminal motions requiring factual findings must include supporting declarations.

Source text: Criminal motions requiring a predicate factual finding must be supported by declaration(s). See CrimLR. 47.1.g.1.

Proposed jury instructions must be filed 7 days before trial with emailed Word copy, joint agreed set, and separate objections set.

Source text: Proposed Jury Instructions: The parties must file proposed jury instructions and verdict forms 7 days prior to the date of trial, unless otherwise ordered by the Court and email a copy in Word to efile_battaglia@casd.uscourts.gov. Counsel must meet and confer and submit a joint set of agreed jury instructions. Counsel must also submit a separate set of any instructions they propose to which there is an objection. The Court prefers to use the Model Jury Instructions for the Ninth Circuit whenever possible.

Witness and exhibit lists must be filed 7 days before trial.

Source text: Witness and Exhibit Lists: The parties must file witness and exhibit lists 7 days prior to the date of the trial, unless otherwise ordered by the Court.

Trial briefs are due on the same date as Motions in Limine.

Source text: Trial Briefs: Trial briefs are due the same date as Motions in Limine are to be filed.

Motion to seal must include grounds, legal standard analysis, affidavits, documents to be sealed, and next hearing date.

Source text: documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); (3) affidavits or declarations in support of the motion; and (4) the documents to be sealed. The motion must state the date of the next scheduled hearing in the case.

Motions to vary from the Presentence Report requirement must include sentencing guideline range information, criminal history category, and mental health/addiction history.

Source text: Any request to vary from this requirement must be made by written motion and include a statement as to the likely guideline range for sentencing. This information must include the adjusted guideline range after acceptance and any agreed upon departures and the Criminal History Category. Finally, a statement regarding whether defendant has any mental health or addiction history.

Motions to modify or terminate supervised release must include the positions of the USAO and Probation Officer.

Source text: Motions and Joint Motions to Modify or Terminate supervised release conditions or the term, must include a statement regarding the positions of the United States Attorney's Office and the United States Probation Officer supervising the defendant.

Joint motions to waive Presentence Report and/or Criminal History Report must include charges, sentencing type, CHR/RAP request, criminal history, guidelines, and recommendations.

Source text: If the parties wish to waive the PSR and/or CHR, the parties will need to file a joint motion with the following information: a) charges to which the defendant entered (or will enter) a guilty plea; b) type of sentencing agreed to in the plea agreement; c) whether the request is for a CHR or RAP sheet; d) defendant's criminal history score/category; e) sentencing guidelines; f) parties' recommendations for sentencing; any additional information the parties wish the Court to consider.

Government must file updated RAP sheet with detailed immigration history summary when applicable.

Source text: If applicable, the Government must concurrently file an updated RAP sheet with a DETAILED summary of defendant's immigration history, including deportation dates, voluntary returns, or other encounters with immigration authorities.

Maximum of 5 sentencing letters unless court authorizes more for good cause.

Source text: IT IS HEREBY ORDERED that no party in a criminal case shall submit more than five (5) letters regarding sentencing unless authorized by the court for good cause shown.

Sentencing letters must be filed 5 days before sentencing in 14-point font.

Source text: Any letters submitted to the court must be filed no later than five (5) days prior to sentencing and must be typed in at least 14-point font.

Sur-replies require leave of Court.

Source text: Sur-replies may not be filed unless leave of Court has been granted.

Motion caption must include “NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT” unless otherwise instructed.

Source text: Unless otherwise instructed by the Court, parties filing motions with the Court shall include the following language on the caption page of the notice of motion, directly under the hearing date: “PER CHAMBERS, NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT.”

Separate Statements of Fact require leave of Court.

Source text: Separate Statements of Fact must not be filed unless leave of Court has been granted.

Objections to evidence must be in opposition brief (for motion) or reply brief (for opposition).

Source text: Objections to evidence submitted in support of a motion must be contained within the opposition brief. Similarly, objections to evidence submitted in support of an opposition must be contained within the reply brief.

Proposed orders required for joint motions/stipulations in Word/WordPerfect format.

Source text: Proposed orders must be submitted in Word or WordPerfect format simultaneously with the filing of all joint motions/stipulations and applications/requests. Proposed orders are not required for noticed motions.

Joint proposed pretrial order due 7 days before pretrial conference.

Source text: At least seven days prior to the pretrial conference, the parties shall lodge a joint proposed pretrial order with chambers and email a copy of the proposed pretrial order to efile_Moskowitz@casd.uscourts.gov.

Witnesses, exhibits, and deposition transcripts must be listed for cross-examination evidence as well.

Source text: The requirements of CivLR 16.1.f.6.c regarding the listing of witnesses, exhibits, and deposition transcripts/videotape depositions extend to evidence that counsel anticipate may be used on cross-examination, including impeachment evidence.

Proposed orders required in Word format with specific formatting and email submission requirements.

Source text: Proposed orders shall be submitted in Word format simultaneously with all motions, except motions that are fully noticed and set for hearing at least 28 days beyond the date of filing. In accordance with Section 2(h) of the Electronic Case Filing Administrative Policies and Procedures Manual, proposed orders shall not contain the name and law firm information of the filing party and shall not contain the word “proposed” in the caption. Counsel shall email proposed orders to opposing counsel and to the following email address: efile_curiel@casd.uscourts.gov, and include the docket number and case name in the subject line of the email.

Summary judgment motions require separate statement of undisputed material facts.

Source text: All motions for summary judgment shall be accompanied by a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material fact shall be followed by a reference to the supporting evidence.

Summary judgment opposition must respond to separate statement.

Source text: Any opposition to a summary judgment motion shall include a response to the separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating if the opposing party agrees or disagrees that those facts are undisputed.

Proposed pretrial order in Word format required 7 days before pretrial conference.

Source text: Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties email to Chambers a proposed pretrial order in Word format at least seven (7) days before the pretrial conference. The proposed pretrial order must include all elements set out in Civil Local Rule 16.1(f)(6)(c) and any other issues relevant to the trial.

All parties must cooperate in completing proposed pretrial order.

Source text: All parties are required to cooperate in completing the proposed pretrial order.

Trial notebook items due 7 days before motion in limine hearing.

Source text: The joint proposed jury instructions, trial briefs, proposed verdict form, voir dire questions, statement of the case, and exhibit lists are to be placed in a trial notebook, and are due seven (7) days before the motion in limine hearing date unless the Court orders otherwise.

Proposed jury instructions, verdict form, and statement of case must be emailed in Word format.

Source text: The proposed jury instructions, proposed verdict form, and statement of the case shall also be emailed to the Court in Word format.

Non-monetary relief information must be included in post-distribution accounting.

Source text: Where injunctive and/or other non-monetary relief has been

AI-generated evidence procedures apply to pro se parties and counsel.

Source text: In terms of AI-generated documents or materials that may become exhibits or evidence in an action, a pro se party or counsel shall follow the below procedures:

Notice required for AI-generated evidentiary material with sufficient specificity.

Source text: Counsel shall serve a notice to the opposing party identifying AI-generated evidentiary material with sufficient specificity to locate it (i.e., via production number, attaching a copy to the notice, providing a copy on request). This notice should be served with the production or disclosure of any AI-generated evidentiary material.

AI-generated material without notice will not be considered by Court.

Source text: Any AI-generated material that does not have an accompanying notice shall not be considered by the Court.

AI-hallucinated assertions of fact prohibited in exhibits and evidence.

Source text: Parties and counsel shall not file, proffer, or present to the Court exhibits, demonstratives, or other evidentiary or factual material that contain AI-hallucinated assertions of fact.

Failure to verify AI-generated facts may result in sanctions.

Source text: Failure to confirm the accuracy or basis for an assertion of fact or evidence created by an AI tool is grounds for potential sanctions.

Proposed Findings of Fact and Conclusions of Law due 7 days before trial by hard copy and Word email.

Source text: Seven (7) days before trial, counsel will submit proposed Findings of Fact and Conclusions of Law by hard copy and an electronic copy of the proposed Findings of Fact and Conclusions of Law shall be emailed in Word format to efile_curiel@casd.uscourts.gov.

Notice of Settlement required immediately; Joint Motion to Dismiss due within 28 days if no deadline set.

Source text: If the parties settle a case, counsel shall file a “Notice of Settlement” and immediately inform the magistrate judge of the settlement. If the magistrate judge does not set a deadline for the filing of a “Joint Motion to Dismiss,” the parties shall file the “Joint Motion to Dismiss” and email a proposed order to this Court within twenty-eight (28) days of the settlement.

Proposed orders for class action preliminary approval require affidavit and memorandum.

Source text: Proposed orders for preliminary approval of class certification and/or preliminary settlement approval must be supported by an affidavit and memorandum

Post-distribution accounting must be filed within 21 days of settlement fund distribution.

Source text: Within 21 days after the distribution of the settlement funds and payment of attorneys’ fees, the parties should file a Post-Distribution Accounting, which provides the following information:

Post-distribution accounting must include detailed settlement fund information.

Source text: The total settlement fund, the total number of class members, the total number of class members to whom notice was sent and not returned as undeliverable, the number and percentage of claim forms submitted, the number and percentage of opt-outs, the number and percentage of objections, the average and median recovery per claimant, the largest and smallest amounts paid to class members, the method(s) of notice and the method(s) of payment to class members, the number and value of checks not cashed, the amounts distributed to each cy pres recipient, the administrative costs, the attorneys’ fees and costs, the attorneys’ fees in terms of percentage of the settlement fund, and the multiplier, if any.

Non-monetary relief information must be included in post-distribution accounting.

Source text: In addition to the above information, where class members are entitled to non-monetary relief, such as discount coupons, debit cards, or similar instruments, the number of class members availing themselves of such relief and the aggregate value redeemed by the class members and/or by any assignees or transferees of the class members’ interests.

AI-generated content must be personally verified for accuracy

Source text: Despite the spread of generative AI tools, counsel and pro se parties are responsible for providing the Court with complete and accurate representations of any submission, including filings, demonstratives, evidence, or oral argument, consistent with Federal Rule of Civil Procedure 11, the California Rules of Professional Conduct, and any other applicable legal or ethical guidance. Use of generative AI tools is not prohibited, but counsel and pro se parties must, at all times, personally confirm for themselves the accuracy of any content generated by these tools.

AI-generated content must include verification certification; failure is grounds for sanctions

Source text: Additionally, any submission containing AI-generated content must include a certification that counsel or the pro se party has personally verified the content’s accuracy. Failure to include this certification or comply with this verification requirement will be grounds for sanctions.

Trial briefs due 5 court days before trial.

Source text: Pursuant to Criminal Local Rule 23.1, the parties may, no later than five court days before the date of trial, serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues.

Proposed jury instructions due first day of trial in Word and hardcopy.

Source text: The parties should each submit in Word format and hardcopy, proposed jury instructions to the Court on the first day of trial, unless otherwise ordered by the Court.

Sentencing summary charts must be filed 7 calendar days before sentencing.

Source text: Counsel shall file the completed sentencing summary charts required by Criminal Local Rule 32.1.a.8 in the record no later than seven calendar days before the sentencing hearing.

Motions must be filed 14 days before hearing; responses 7 days before.

Source text: Motions should be filed 14 days prior to the hearing and responses and oppositions should be filed 7 days prior to the hearing.

Sentencing memoranda and summary charts due 5 court days before hearing.

Source text: Sentencing Memoranda and Sentencing Summary Charts should be filed 5 court days (usually 7 calendar days) prior to the scheduled hearing.

Trial briefs due 5 calendar days before trial if significant disputed issues exist.

Source text: Trial briefs should be filed no later than 5 calendar days before trial is to commence in cases where there is any significant disputed issue of law, or if a party is requesting that specific questions be asked or specific topics be covered during the Court’s voir dire.

Proposed voir dire must be submitted 7 days before trial.

Source text: Proposed voir dire, whether to be asked by counsel or proposed for the Court to ask, must be submitted in written form no later than 7 days prior to commencement of trial.

Proposed jury instructions due 5 calendar days before trial.

Source text: Proposed jury instructions should be submitted by both sides no later than 5 calendar days prior to the commencement of trial.

Government counsel must provide exhibit list on first day of trial.

Source text: Government counsel shall provide a list of exhibits to the courtroom deputy on the first day of trial.

Proposed orders must be submitted in Word format.

Source text: Proposed Orders must be submitted in Word format.

Proposed orders required with all motions, emailed to efile_miller@casd.uscourts.gov in Word format with specific naming convention

Source text: Proposed orders must be submitted simultaneously with the filing of all joint motions or ex parte requests. The proposed order should be emailed to efile_miller@casd.uscourts.gov in Word format. All extraneous information (i.e., attorney and firm name, headers, footers, and watermarks) should be removed from the proposed order. If possible, the docket number of the corresponding motion should be included in the caption. The proposed order should be named as follows: case number_title_date (e.g., 00cv1234_order granting continuance_5 6 09)

Proposed orders must remove extraneous information.

Source text: All extraneous information (i.e., attorney and firm name, headers, footers and watermarks) must be removed from the proposed order.

Court prefers Ninth Circuit Model Instructions; other instructions require authority citation and specific modifications.

Source text: The Court prefers to use the Model Jury Instructions for the Ninth Circuit whenever possible. However, the Court will accept other proposed jury instruction(s) as the need arises, but counsel must cite the authority supporting the proposed instruction(s). Any proposed instruction from statutory authority or the Ninth Circuit Model Instructions must state specifically the modification and the authority supporting the modification.

Government must provide exhibit list and pre-mark all exhibits on first day of trial.

Source text: Government counsel must provide a list of exhibits and give it to the Courtroom Deputy Clerk on the first day of trial. 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.

Summary judgment motions require separate statement of undisputed facts in table format.

Source text: All motions for summary judgment must be accompanied by a separate statement of undisputed material facts. The separate statement should be prepared in a table format, with each undisputed material fact individually enumerated and supported by citations to evidence in the record. If the moving party fails to submit a separate statement of undisputed material facts with the moving papers, the Court will issue a discrepancy order rejecting the motion for summary judgment as discrepant for failing to comply with this Chambers requirement.

Opposition to summary judgment must respond to separate statement of undisputed facts.

Source text: Any opposition to a summary judgment motion must include a response to the moving party's separate statement of undisputed material facts.

Evidentiary/procedural objections must be filed with opposition/reply briefs, max 5 pages if separate.

Source text: Any evidentiary and procedural objections to the motion for summary judgment must be filed contemporaneously with the opposition brief. Similarly, the moving party must file any evidentiary and procedural objections to the opposition brief contemporaneously with its reply brief. If filed as a separate document, evidentiary and procedural objections may not exceed five (5) pages in length.

Proposed orders required for joint or ex parte motions.

Source text: Proposed orders are required for any motion filed jointly by the parties or filed ex parte by a single party, and should be submitted simultaneously with the motion.

Email proposed orders to efile_anello@casd.uscourts.gov.

Source text: In accordance with Section 2(h) of the Electronic Case Filing Administrative Policies and Procedures Manual, counsel should email proposed orders directly to Judge Anello's official e-file email address, which is efile_anello@casd.uscourts.gov.

Declaration required for unopposed ex parte motions.

Source text: If an ex parte motion is unopposed, the motion should be accompanied by a declaration of counsel indicating such.

Joint proposed final pretrial order due two Fridays before trial via email.

Source text: The parties shall submit a joint proposed final pretrial order via email to Judge Anello's official e-file email address, efile_anello@casd.uscourts.gov, two Fridays prior to the date of trial, unless otherwise ordered by the Court.

Proposed jury instructions and verdict forms due Thursday before trial by 5:00 p.m.

Source text: The parties shall file proposed jury instructions and verdict forms no later than 5:00 p.m. on the Thursday before trial, unless otherwise ordered by the Court. The parties should simultaneously email an electronic copy (Microsoft Word or Word Perfect format) to Judge Anello's e-file email address, efile_anello@casd.uscourts.gov.

Selected hearing date must appear in motion caption.

Source text: The notice of motion and motion shall state the selected hearing date in the caption. This is the date used by the Court and all parties for determining the briefing schedule.

Motion caption must include no oral argument header.

Source text: Below the selected hearing date in the caption, counsel or the filing party shall include the following header: NO ORAL ARGUMENT PER LOCAL RULE UNLESS FURTHER ORDERED BY THE COURT.

Moving party must include no oral argument statement in motion caption.

Source text: In the caption of its notice of motion and motion, the moving party shall include the following: NO ORAL ARGUMENT PER LOCAL RULE UNLESS FURTHER ORDERED BY THE COURT.

Proposed orders must be submitted simultaneously with joint motions or ex parte requests via email in Word format.

Source text: Proposed orders must be submitted to chambers simultaneously with the filing of all joint motions or ex parte requests. The proposed order should be submitted in Word format by email, with the case number and case name in the subject line of the email, to efile_whelan@casd.uscourts.gov.

Letter briefs must be served on opposing counsel and emailed to chambers in Word format.

Source text: The informal letter briefs shall also be served on opposing counsel. The informal letter briefs and Proposed Pretrial Order shall be submitted to chambers in Word format by emailing to efile_whelan@casd.uscourts.gov.

Proposed orders in Word format required with motions not set for hearing 28+ days after filing.

Source text: Proposed orders must be submitted in Word format simultaneously with all motions that are not fully noticed and set for hearing twenty-eight (28) days or more after the date of filing.

Oral argument must be attended in person unless otherwise ordered.

Source text: Unless otherwise ordered by the Court, all oral argument must be attended by counsel in person, and will be heard in open court.

Motions in limine due 2 weeks before motion in limine hearing date.

Source text: All motions in limine are due two weeks before the motion in limine hearing date.

Responses to motions in limine due 7 days before hearing date.

Source text: All responses are due seven (7) days before the motion in limine hearing date.

Joint proposed jury instructions, verdict form, voir dire, statement of case, exhibit binders due 7 days before motion in limine hearing date.

Source text: Unless otherwise ordered by the Court, the joint proposed jury instructions, proposed verdict form, voir dire questions, statement of the case, exhibit binders and proposed verdict forms are also due seven (7) days before the motion in limine hearing date.

File Joint Motion to Dismiss and email proposed order within 28 days of settlement if no deadline set.

Source text: If the magistrate judge does not set a deadline for the filing of a 'Joint Motion to Dismiss,' the parties must file the 'Joint Motion to Dismiss' and email a proposed order to this Court within twenty-eight (28) days of the settlement.

Government must provide exhibit list and pre-mark all exhibits on first trial day.

Source text: Government counsel must provide a list of exhibits and give it to the Courtroom Deputy Clerk on the first day of trial. All exhibits must be pre-marked on the first day of trial.

All parties and authorized representatives must attend ENE

Source text: Pursuant to Local Rule 16.1.c., all parties (including those indemnified by others), claims adjusters for insured defendants, the principal attorney(s) responsible for the litigation, and non-lawyer representatives with full and unlimited authority to negotiate and enter into a binding settlement must be present and legally and factually prepared to discuss and resolve the case at the ENE.

Authorized representatives must have full settlement authority

Source text: "Full and unlimited authority" means that the individuals attending the ENE must be authorized to fully explore settlement options and to agree at that time to any settlement terms acceptable to the parties.

Corporate entities must send authorized representative with settlement authority

Source text: In the case of a legal entity (e.g., a corporation, LLC, partnership, or trust), an authorized representative of the entity (who is not retained outside counsel must be present and must have discretionary authority to commit the company to pay an amount up to the amount of the plaintiff’s prayer, excluding punitive damage prayers).

No excuses for required party attendance except exceptional circumstances with opposing counsel conference

Source text: The Court will not grant requests to excuse a required party from personally appearing absent exceptional circumstances. If counsel believes there are exceptional circumstances to request that a required party be excused from personally appearing, they must confer with opposing counsel prior to making the request.

Joint Discovery Plan must be filed on CM/ECF 7 days before ENE/CMC.

Source text: Unless otherwise directed, the parties are required to file on CM/ECF a Joint Discovery Plan seven (7) days before the scheduled ENE/CMC.

Joint Statement required for unresolved discovery disputes with specific content requirements.

Source text: If the parties fail to resolve their dispute through the meet and confer process, then counsel for all three pages and shall include: 1. A statement as to whether the moving party has complied with the 30-day Rule; 2. Each discovery request in dispute; 3. A brief, non-argumentative statement, not exceeding 100 words of each party’s position on the dispute; 4. Three dates within the next 10 days on which counsel for all parties are available for a conference with the Court or the Court’s staff if the Court so orders; 5. A statement describing the parties in-person or telephonic meet-and-confer efforts; and 6. Attached exhibits of the discovery responses at issue that include the text of the request, the response, and any objections. Counsel should provide excerpts of only the discovery responses at issue, not the entire set of responses.

Parties withholding privileged documents must create detailed index with 12 required elements

Source text: Any party withholding documents based on a claimed protection or privilege must identify the withheld documents in a manner such that the requesting party can reasonably identify and challenge the withholding of the documents. A party withholding any documents on the basis the documents are privileged or otherwise protected from production, shall number each document to enable later reasonable identification, prepare an index of documents (without disclosing the substance of the document), and set forth any objection related to production of each withheld document. At a minimum, the index shall include the following information:

Proposed orders required only for stipulated protective orders and ESI protocols in civil cases.

Source text: Proposed orders in civil cases are only necessary for stipulated protective orders and stipulated ESI protocols. If the Court requires a proposed order on an ad hoc basis, the Court will contact counsel for the moving party via email.

Court may limit re-cross and re-direct examination.

Source text: The Court reserves the right to limit re-cross and / or re-direct.

Sidebars are disfavored by the Court.

Source text: The Court disfavors sidebars.

Declaration required if coordination efforts fail.

Source text: If the briefing is not coordinated or consolidated, counsel for each party must file a declaration concurrently with the briefing describing the efforts and explaining why they were not successful.

Failure to oppose may be construed as consent to motion.

Source text: An opposing party's failure to file an opposition to any motion may be construed as consent to the granting of the motion pursuant to Civil Local Rule 7.1(f)(3)(c).

Parties must lodge a proposed order at least seven days in advance to use electronic or audio/visual courtroom equipment.

Source text: At least seven days before the relevant court appearance, a party who wishes to use any electronic or audio/visual equipment in court must lodge a proposed order seeking leave to do so.

Reply briefs not permitted; supplemental documents require leave of court and must be filed at least 7 days before hearing.

Source text: There is no provision for reply briefs in Local Rule 47.1, and the briefing schedule set forth by the rule does not accommodate the filing of any supplemental documents prior to a scheduled motion hearing. If a party wishes to file a reply brief or other supplemental documents in support of, or in opposition to, a pending motion, the party must seek leave of court to do so. Leave will not be granted absent good cause, and no supplemental filings will be accepted less than seven (7) days prior to the scheduled motion hearing.

Failure to oppose a motion may be construed as consent to granting.

Source text: An opposing party’s failure to file an opposition to any motion may be construed as consent to the granting of the motion pursuant to Civil Local Rule 7.1(f)(3)(c).

Exhibits must be non-duplicative, excerpted, and clearly labeled/dated/indexed.

Source text: The parties must avoid duplication of exhibits as much as possible. All exhibits submitted in support of motions should be excerpted to include only relevant material. All exhibits must be clearly labeled, dated, and indexed.

Defense counsel must facilitate prisoner appearances and prepare habeas writs.

Source text: In cases involving pro se prisoners as litigants, the Court expects defense counsel and the government entity with which a defendant is associated to cooperate in facilitating the prisoner's telephonic appearances or personal appearances for any scheduled conference, hearing, or trial. This responsibility includes preparing any writs of habeas corpus as testificandum for the incarcerated pro se plaintiff and any of his or her incarcerated witnesses, as authorized by the Court.

No sidebar conferences during trial; issues discussed on recess.

Source text: The Court prefers no side bar conferences during the trial. If there is an issue to discuss outside the presence of the jury, whenever possible, it will be taken up on a recess.

Must seek Court's permission before approaching witnesses.

Source text: Feel free to approach witnesses during examination, but first seek permission from the Court.

Motions to seal must include description of documents, legal standard with analysis, and supporting affidavits or declarations.

Source text: Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); and (3) affidavits or declarations in support of the motion.

Separate Statements of Fact are not required for summary judgment motions.

Source text: Notwithstanding Civil Local Rule 7.1.f.1., Separate Statements of Fact will NOT be filed.

Attorneys must stay out of well except during voir dire, opening, and closing.

Source text: Do not enter the well, except during voir dire, opening statement, and closing argument. Conduct all examinations of witnesses from the podium.