Southern District of California Document Filing Requirements

Applies to

Motion

Must include

proposed order

Proposed orders must be submitted with motions.

Proposed orders should be submitted simultaneously with the motion.

Applies to

Jury instructions

Must include

legal argument, table of contents

Jury instructions due one week before trial.

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

Applies to

Jury instructions

Must include

joint submission

Parties must jointly submit agreed-upon jury instructions.

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

Applies to

Jury instructions

Must include

supplemental instructions

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

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.

Applies to

Jury instructions

Must include

objections

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

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.

Applies to

Jury instructions

Two copies of each jury instruction required.

Two copies of each instruction should be provided.

Applies to

Jury instructions

Jury instructions must be short, concise, and neutral.

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

Applies to

Jury instructions

Modifications to standard instructions must be identified with authority.

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

Applies to

Voir dire questions

Must include

due one week before trial

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

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

Applies to

Motion

Must include

proposed order

Proposed orders must be submitted simultaneously with motions.

Proposed orders should be submitted simultaneously with the motion.

Applies to

Motion in limine

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

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

Applies to

Proposed jury instructions

Proposed jury instructions due on first day of trial.

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

Applies to

Jury instructions

Modifications to instructions must cite specific authority.

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.

Applies to

Jury instructions

Must include

review and suggest modifications

Parties must review and suggest modifications to jury instructions.

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

Applies to

Exhibit list

Must include

judge name, case number

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

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.

Applies to

Transcript

Must include

certificate of service

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

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.

Applies to

Foreign language testimony

Must include

interpreter arranged

Presenting party must arrange for foreign-language interpreters.

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

Applies to

Foreign language exhibit

Must include

translation

Foreign-language exhibits must be accompanied by translation.

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

Applies to

Electronic equipment request

Must include

proposed order

7-day notice required for electronic equipment in court.

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.

Applies to

Electronic equipment request

Must include

proposed order

Proposed order must list all equipment and dates.

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

Applies to

Electronic equipment request

Must include

signed order

Signed order must be presented to security for approved equipment.

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

Applies to

Settlement notification

Must include

immediate notification

Immediate notification required when case settles.

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

Applies to

Settlement

Must include

jurisdiction retention, consent to jurisdiction

Jurisdiction retention allowed with specific consent and language.

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.'

Applies to

Peremptory strikes

Must include

judge name, case number

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

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

Applies to

Objections

Speaking objections are prohibited; limit objections to legal basis.

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

Applies to

Motion to exclude time

Must include

specific facts justifying exclusion

Speedy Trial Act exclusions require specific factual justification.

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).

Applies to

Peremptory strikes

Must include

judge name, case number

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

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

Applies to

Motion to seal

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

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.

Applies to

Request to use electronic or audio visual equipment

Must include

proposed order

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.

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.

Applies to

Pretrial filings subject to meet and confer

Must include

certificate of conference

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

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

Applies to

Proposed jury instructions verdict forms voir dire questions

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

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.

Applies to

Motion

Must include

certificate of conference

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

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

Applies to

Motion to seal

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

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

Applies to

Motion to seal

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

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.

Applies to

Final pretrial order

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

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.

Applies to

Final pretrial order

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

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

Applies to

Motion to exclude time

A party seeking to exclude time under the Speedy Trial Act on 'ends of justice' grounds must file a motion setting forth specific facts justifying the exclusion based on the required statutory factors (18 U.S.C. § 3161(h)(7)(B)).

Speedy Trial Act/“Ends of Justice”: 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).

Applies to

Pretrial filing

Must include

certificate of conference

The filing party must include a certification or declaration documenting that the meet-and-confer requirement was satisfied, including the date of the meeting.

Certificate of Compliance: The filing party must include a certification or declaration documenting that this rule has been satisfied. That certification must include the date of

Applies to

Jury instructions

All parties must submit proposed jury instructions, verdict forms, and voir dire questions; the government must identify jointly proposed items, and the defense need not file if it requests nothing beyond the joint submissions.

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.

Applies to

Witness examination

Witness examination must be done from the podium.

Witness examination must be done from the podium.

Applies to

Motion

Must include

caption

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

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.

Applies to

Proposed order

Must include

proposed order

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

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.

Applies to

Trial procedure

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

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

Applies to

Proposed order

Must include

proposed order

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

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.

Applies to

Sur reply

Sur-replies prohibited unless court grants leave.

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

Applies to

Motion for reconsideration

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

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;

Applies to

Witness examination

All witness examination must be conducted from the podium.

Conduct all examination of witnesses from the podium.

Applies to

Daubert motion

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

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.

Applies to

Summary judgment motion

Must include

separate statement of undisputed material facts

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

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

Applies to

Summary judgment motion

Must include

separate statement of undisputed material facts

Failure to include required statement results in discrepancy order.

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.

Applies to

Summary judgment opposition

Must include

response to separate statement

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

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

Applies to

Summary judgment opposition

Must include

evidentiary and procedural objections

Evidentiary/procedural objections must be filed with opposition brief.

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

Applies to

Summary judgment reply

Must include

evidentiary and procedural objections

Moving party must file objections to opposition with reply brief.

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

Applies to

Ex parte motion

Must include

declaration documenting meet and confer

Ex parte motions require declaration documenting meet and confer efforts.

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.

Applies to

Motion to seal

Must include

document description, legal standard analysis, supporting affidavits or declarations

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

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.

Applies to

Motion

Must include

briefing

All motions for temporary restraining orders must be briefed.

All motions for temporary restraining orders must be briefed.

Applies to

Joint motion

Must include

court signature

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

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.

Applies to

Joint motion to dismiss

Must include

filing deadline, settlement notification

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

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.

Applies to

Joint proposed pretrial order

Must include

filing deadline, email submission

Joint proposed pretrial order required 14 days before pretrial conference.

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.

Applies to

Joint pretrial conference order

Must include

verdict forms, proposed jury instructions

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

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.

Applies to

Witness and exhibit lists

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

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

Applies to

Proposed voir dire questions

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

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.

Applies to

Witness examination

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

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.

Applies to

Objections

Objections must state only the legal ground.

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

Applies to

Proposed order

Must include

notice of electronic filing

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

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.

Applies to

Jury instructions

Joint jury instructions required with separate objections.

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.

Applies to

Criminal case

Must include

certificate of conference

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

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

Applies to

Discovery timetable

Must include

certificate of service

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

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.

Applies to

Motion

Must include

certificate of service

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

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.

Applies to

Witness exhibit lists

Witness and exhibit lists due 7 days before trial.

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

Applies to

Local rule 16 1 report

Must include

certificate of service

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

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.

Applies to

Criminal motion

Must include

certificate of service

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

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

Applies to

Motion to seal

Must include

next scheduled hearing date

Motions to seal must include next scheduled hearing date.

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

Applies to

Witness availability

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

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

Applies to

Video audio exhibits

Must include

stipulated transcript

Stipulated transcript required for all video/audio exhibits.

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

Applies to

Audio video exhibits

Must include

discs prohibited, thumb drive required

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

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.

Applies to

Audio video exhibits

Must include

jury review, record preservation, two thumb drives required

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

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.

Applies to

Audio video exhibits

Must include

mutual agreement, table of contents

Table of contents and mutual agreement required for thumb drives.

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

Applies to

Motion to modify terminate supervised release

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

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.

Applies to

Discovery timetable

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

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.

Applies to

Motion

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

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.

Applies to

Motion

Criminal motions requiring factual findings must include supporting declarations.

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.

Applies to

Motion

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

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.

Applies to

Motion

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

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.

Applies to

Motion

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

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.

Applies to

Motion

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

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

Applies to

Ex parte motion

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

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.

Applies to

Ex parte motion

Must include

certificate of service

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

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.

Applies to

Motion

All motions for temporary restraining orders must be briefed.

All motions for temporary restraining orders must be briefed.

Applies to

Joint motion to dismiss

Must include

proposed order

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).

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.

Applies to

Proposed order

Must include

proposed order

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

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.

Applies to

Ex parte motion

Must include

certificate of service

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

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.

Applies to

Sentencing summary chart

Must include

certificate of service

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

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.

Applies to

Jury instructions

Must include

proposed order

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

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.

Applies to

Motion

Must include

declarations

Motions requiring factual findings must be supported by declarations.

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.

Applies to

Proposed order

Must include

proposed order

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

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.

Applies to

Voir dire

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

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

Applies to

Trial brief

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

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.

Applies to

Trial procedures

Must include

witness availability

Witnesses must be present at trial start or readily available.

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.

Applies to

Trial procedures

Must include

witness instructions

Counsel must instruct witnesses not to discuss case with jurors.

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.

Applies to

Trial procedures

Must include

courtroom procedures

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

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.

Applies to

Trial procedures

Must include

interpreter arrangements

Counsel must arrange interpreters through Interpreter Services Department.

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.

Applies to

Trial procedures

Must include

evidence transcripts

Parties must provide stipulated transcript for video/audio evidence.

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

Applies to

Trial procedures

Must include

objection procedures

Objections must state only legal grounds, no speaking objections.

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.

Applies to

Trial procedures

Must include

single lawyer examination

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

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.

Applies to

Trial procedures

Must include

pre marking, exhibit lists

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

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.

Applies to

Notice of motion

Must include

certificate of conference

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

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]."

Applies to

Motion

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

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.”

Applies to

Proposed order

Must include

proposed order

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

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.

Applies to

Proposed order

Must include

proposed order

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

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

Applies to

Joint statement of undisputed material facts

Must include

joint statement, email submission

Joint statement of undisputed facts required 10 days before hearing.

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.

Applies to

Opposition brief

Must include

objections to motion evidence

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

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.

Applies to

Ex parte application

Must include

declaration

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

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.

Applies to

Stipulation

Must include

joint motion

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

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.

Applies to

Settlement

Must include

proposed order, notice of settlement, joint motion to dismiss

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

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.

Applies to

Pretrial order

Must include

email submission, joint proposed pretrial order

Joint proposed pretrial order required 14 days before pretrial conference.

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.

Applies to

Electronic equipment

Must include

court order required

Order required to bring electronic equipment into courthouse.

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

Applies to

Final exhibit and witness list

Must include

exchange required, email to chambers required

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

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.

Applies to

Proposed findings conclusions

Must include

proposed order

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

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.

Applies to

Proposed order

Must include

proposed order

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

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.

Applies to

Summary judgment motion

Summary judgment motions require separate statement of undisputed material facts.

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.

Applies to

Summary judgment opposition

Summary judgment opposition must respond to separate statement.

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.

Applies to

Proposed pretrial order

Must include

word format

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

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.

Applies to

Proposed pretrial order

Must include

cooperation required

All parties must cooperate in completing proposed pretrial order.

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

Applies to

Trial notebook

Must include

trial briefs, exhibit lists, voir dire questions +3 more

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

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.

Applies to

Proposed jury instructions

Must include

word format

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

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

Applies to

Post distribution accounting

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

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

Applies to

Ai generated evidence

Must include

ai procedures required

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

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:

Applies to

Ai generated evidence

Must include

specificity requirement, notice to opposing party required

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

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.

Applies to

Ai generated evidence

Must include

notice required for consideration

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

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

Applies to

Exhibits

Must include

no ai hallucinations allowed

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

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.

Applies to

Ai generated evidence

Must include

sanctions possible, verification required

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

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

Applies to

Proposed findings conclusions

Must include

hard copy, electronic copy

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

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.

Applies to

Settlement

Must include

notice of settlement, joint motion to dismiss

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

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.

Applies to

Proposed order

Must include

affidavit, memorandum

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

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

Applies to

Post distribution accounting

Must include

certificate of service

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

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:

Applies to

Post distribution accounting

Post-distribution accounting must include detailed settlement fund information.

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.

Applies to

Post distribution accounting

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

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.

Applies to

General

Must include

ai disclosure

AI-generated content must be personally verified for accuracy

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.

Applies to

General

Must include

ai disclosure

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

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.

Applies to

Trial brief

Must include

judge name, case number

Trial briefs due 5 court days before trial.

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.

Applies to

Jury instructions

Must include

judge name, case number

Format

WORD

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

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.

Applies to

Sentencing summary chart

Must include

certificate of service

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

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.

Applies to

Motion

Must include

proposed order

Proposed orders required with all motions.

Proposed orders must be submitted simultaneously with all motions.

Applies to

Proposed order

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

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

Applies to

Proposed order

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

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.

Applies to

Proposed order

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

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

Applies to

Sentencing

Must include

sentencing summary chart

Sentencing summary chart required at least 7 days before sentencing.

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

Applies to

Sentencing letter

Must include

leave of court

Maximum of five sentencing letters allowed without court permission.

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

Applies to

Discovery

Must include

completion deadline

Discovery must be completed three weeks before trial.

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

Applies to

Expert disclosure

Must include

exchange deadlines

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

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.

Applies to

Jury instructions

Must include

joint submission, disputed instructions

Jury instructions due two weeks before trial.

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

Applies to

Trial brief

Must include

judge name, case number, certificate of service

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

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.

Applies to

Voir dire questions

Must include

judge name, case number, certificate of service

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

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.

Applies to

Exhibit list

Must include

judge name, case number

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

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

Applies to

Exhibit

Must include

exhibit number

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

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

Applies to

Exhibit

Must include

motion for admission

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

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.

Applies to

Motion

Must include

certificate of conference

Motions must include a declaration detailing meet and confer date, good faith efforts, and opposing counsel's positions.

counsel for the moving party must include in the motion papers a declaration detailing (1) the date of the meet and confer; (2) counsel’s good faith efforts, in person or by telephone, to meet and confer to resolve differences with opposing counsel; and (3) the positions taken by opposing counsel such that resolution was not possible.

Applies to

Proposed order

Must include

caption

Proposed orders must be submitted with motions, include “[PROPOSED]” in caption, emailed in Word format to specified address, not filed on docket.

B. Proposed Orders. Proposed orders must be submitted simultaneously with all motions. Proposed orders should contain “[PROPOSED]” in brackets in the caption. This Chambers Rule mandating the addition of “[PROPOSED]” supersedes Section 2(h) of the ECF Manual. 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. Proposed orders or other documents requiring the Judge’s signature must not be filed on the docket.

Applies to

Motion

Do not include as exhibits documents already on any U.S. district court electronic docket; cite them in the motion text instead.

Copies of documents already contained on the electronic docket in any United States district court should not be included as exhibits. Such documents should be cited in the text of the motion with the case name, docket number, filing date, and any other information (e.g., pages or paragraph numbers) that aids the Court (e.g., Doe v. Does, No. 22cv306 (N.D. Cal. Jan. 13, 2022), Dkt. __ at __).

Applies to

Motion

Unpublished cases should be cited via Westlaw/Lexis if available; copies of cases not on Westlaw/Lexis must be attached as exhibits.

For cases not assigned to a reporter for publication, Westlaw or Lexis citations should be given, if available. Citations to cases not available in Westlaw or Lexis should be accompanied by copies of the cases cited attached as exhibits.

Applies to

Ex parte motion

Must include

certificate of conference

Ex parte motions must include a declaration documenting contact efforts, meet and confer efforts, and opposing counsel’s position.

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.

Applies to

Joint motion

Must include

certificate of conference

Agreed continuances require a joint motion with a declaration explaining the request reasons.

If the parties reach an agreement, they must file a joint motion with a declaration explaining the reasons for the requested continuance or extension of time.

Applies to

Proposed pretrial order

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

The proposed pretrial order must comply with the requirements of Civil Local Rule 16.1(f)(6)(c).

Applies to

Motion in limine

Must include

certificate of conference

Motions in limine must include a declaration confirming good faith meet and confer with specified content.

Counsel must confirm their good faith attempt to resolve the issues in a declaration that includes (1) the date of the meet and confer; (2) counsel’s good faith efforts, in person or by telephone, to resolve differences with opposing counsel; and (3) the positions taken by opposing counsel such that resolution was not possible.

Applies to

Proposed jury instructions

Parties must jointly submit one set of proposed jury instructions including preliminary, during trial, and final instructions.

The parties are required to jointly submit one set of agreed upon instructions. To submit to the Court one complete set of proposed instructions consisting of 1) preliminary jury instructions; 2) during trial jury instructions; and 3) final jury instructions.

Applies to

Proposed jury instructions

Jury instruction headings must identify if jointly proposed or party-proposed if disputed.

All instruction headings must identify whether the instruction is jointly proposed or, if disputed, the party proposing the instruction.

Applies to

Proposed jury instructions

Parties must provide factual/legal basis for each party's position on disputed jury instructions.

For each disputed instruction, the parties must provide to the Court the factual or legal basis for each party’s position.

Applies to

Exhibit

Must include

pre marked

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

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

Applies to

Opposition brief

Must include

objections to evidence

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

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.

Applies to

Motion

Must include

proposed order

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

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

Applies to

Proposed order

Must include

not filed on docket

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

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

Applies to

Ex parte motion

Must include

declaration

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

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.

Deadline

28 days

Applies to

Joint motion to dismiss

Must include

joint motion, proposed order

Joint motion to dismiss and proposed order required within 28 days of 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 the Court within twenty-eight (28) days of the settlement.

Deadline

7 days

Applies to

Proposed pretrial order

Must include

proposed order

Proposed pretrial order required 7 days before pretrial conference.

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.

Applies to

Trial exhibits

Must include

electronic media format

Trial exhibits must be submitted electronically 3 days before trial.

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.

Applies to

Final exhibit and witness lists

Must include

email to chambers, exchange with adversary

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

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.

Applies to

Motion

Must include

proposed order

Proposed orders required with all motions in Word format.

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.

Applies to

Proposed order

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

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

Applies to

Jury instructions

Must include

proposed order

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

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.

Applies to

Trial brief

Must include

proposed order

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

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.

Applies to

Voir dire questions

Must include

proposed order

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

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

Applies to

Trial brief

Must include

certificate of service

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

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.

Applies to

Proposed voir dire questions

Must include

certificate of service

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

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.

Applies to

Exhibit list

Must include

certificate of service

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

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.

Applies to

Exhibit publication

Must include

motion for admission

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

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.

Applies to

Motion

Must include

proposed order

Proposed orders must be submitted with the motion.

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

Applies to

Proposed order

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

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.

Applies to

Notice of supplemental authority

Must include

order or opinion copy, case identifying information

Notice of supplemental authority must include order/opinion copy.

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.

Applies to

Joint motion

Must include

proposed order

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

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.

Applies to

Amended pleading

Must include

redline

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

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.

Applies to

Stipulation of dismissal

Must include

signature, all appearing parties

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

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).

Applies to

Joint motion for dismissal

Must include

signed by all parties and counsel, consent to magistrate judge jurisdiction

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

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.

Applies to

Proposed pretrial order

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

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

Applies to

Jury instructions

Must include

joint submission

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

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.

Applies to

Verdict form

Must include

joint submission

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

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

Applies to

Final exhibit witness list

Must include

email to chambers, exchange required

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

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.

Applies to

Proposed findings conclusions

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

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.

Applies to

Motion

Must include

proposed order

Proposed orders required with all motions.

Any proposed orders must be submitted simultaneously with all motions.

Applies to

Surreply

Must include

leave of court

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

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.

Applies to

Summary judgment motion

Must include

joint statement of undisputed facts

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

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.

Applies to

Amended pleading

Must include

redline

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

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.

Applies to

Stipulation

Must include

signed by court, filed as joint motion

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

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.

Applies to

Trial exhibits

Must include

electronic format

Trial exhibits must be submitted electronically 3 days before trial.

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.

Applies to

Final exhibit and witness lists

Must include

email to chambers, exchange with opposing counsel

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

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.

Applies to

Motion

Must include

proposed order

Proposed orders must be emailed to efile_huie@casd.uscourts.gov.

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.

Applies to

Motion

Must include

proposed order

Proposed orders must be submitted with motion and no later than 2 days before hearing.

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

Applies to

Motion

Must include

proposed order

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

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.

Applies to

Jury instructions

Format

DOCX

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

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.

Applies to

Jury selection

Peremptory challenges must be exercised using blind strike method with two rounds.

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.

Applies to

Witness examination

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

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.

Applies to

Objections

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

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.

Applies to

Exhibits

All exhibits must be pre-marked on 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.

Applies to

Exhibits

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

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.

Applies to

Notice of motion

Must include

certificate of conference

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

If the parties are unable to reach a resolution that eliminates the need to file the anticipated motion, counsel for the moving party must include in the notice of motion a statement to the following effect: 'This motion is made following the conference of counsel that took place on [date].'

Applies to

Notice of motion

Must include

caption

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

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.

Applies to

Exhibit

Must include

caption, judge name, case number

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

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 ___).

Applies to

Proposed order

Must include

caption, local rule certificate

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

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.

Applies to

Proposed order

Must include

proposed order

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

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.

Applies to

Proposed order

Must include

proposed order

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

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

Applies to

Motion to amend

Must include

proposed order

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

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.

Applies to

Ex parte application

Must include

service on opposing counsel

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

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

Applies to

Final pretrial conference order

Must include

proposed order

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

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.

Applies to

Final pretrial conference order

Must include

local rule certificate

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

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

Applies to

Joint exhibit list

Must include

no lettering, joint exhibit list, continuous numbering

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

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.

Applies to

Jury instructions

Must include

proposed order

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

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

Applies to

Jury instructions

Must include

email submission

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

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

Applies to

Jury instructions

Must include

citations

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

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”).

Applies to

Jury instructions

Must include

citations, stipulated instruction labeling

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

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.

Applies to

Joint motion to dismiss

Must include

proposed order

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

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.

Applies to

Motion

Must include

proposed order

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

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.

Applies to

Sentencing memorandum

Must include

sentencing summary chart

Sentencing Summary Chart and Sentencing Memorandum required in all cases.

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

Applies to

Sentencing memorandum

Must include

letter limit

Maximum of 5 letters allowed unless court authorizes more.

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

Applies to

Sentencing

Must include

supervised release conditions provided

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

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.

Applies to

Sentencing memorandum

Must include

guideline recommendations supported by record

Sentencing Guideline recommendations must be supported by the record.

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

Applies to

Sentencing

Must include

compliance with criminal local rule 32 1

Strict compliance required with Criminal Local Rule 32.1.

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

Applies to

Motion to modify terminate supervised release

Must include

positions of usao and probation officer

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

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.

Applies to

All

Must include

local rule certificate

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

“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.”

Applies to

Opposition

Must include

objections to motion evidence

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

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.

Applies to

All

Must include

local rule certificate

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

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.

Applies to

Joint motion to dismiss

Must include

consent to jurisdiction

Dismissal motions retaining jurisdiction require signed Magistrate Judge Consent Form.

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.

Applies to

Jury instructions

Proposed jury instructions due 2 weeks before PTC.

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.

Applies to

Jury instructions objections

Objections to supplemental jury instructions due 1 week before PTC.

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.

Applies to

Jury instructions

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

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.

Applies to

Jury questionnaire verdict form

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

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.

Applies to

Jury questionnaire verdict form objections

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

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.

Applies to

Jury questionnaire verdict form

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

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.

Applies to

Stipulations

Stipulations must be in writing and marked as exhibit.

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.

Applies to

Witness and exhibit list

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

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.

Applies to

Exhibits

Exhibits must have witness testimony to be admitted.

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.

Applies to

Demonstrative exhibit

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

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.

Applies to

Motion to seal

Motions to seal must include a description of documents to seal, applicable legal standard and analysis, supporting affidavits/declarations, and the documents to be sealed.

Any motion to seal must set forth: (1) a description of the particular document(s) 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.

Applies to

Sentencing guideline recommendation

Must include

local rule certificate

Parties must follow Criminal Local Rule 32.1 and ensure Sentencing Guideline recommendations are supported by the record.

The parties are expected to follow Criminal Local Rule 32.1. Additionally, the parties must ensure that their respective Sentencing Guideline recommendations are supported by the record before the Court.

Applies to

Standard conditions of supervised release

Defense counsel must read, explain, and provide client with Standard Conditions of Supervised Release prior to sentencing in felony cases.

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

Applies to

Jury instructions

Modified jury instructions must specify the modification and supporting authority.

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.

Applies to

Exhibit

Government counsel must submit an exhibit list to the Courtroom Deputy Clerk on the first day of trial, and all exhibits must be pre-marked that day.

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.

Applies to

Proposed order

Must include

proposed order

Proposed orders in Word format required with motions not set for hearing 28+ days after filing.

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.

Applies to

Oral argument

Must include

in person attendance

Oral argument must be attended in person unless otherwise ordered.

Unless otherwise ordered by the Court, all oral argument must be attended by counsel in person, and will be heard in open court.

Applies to

Motion in limine

Motions in limine due 2 weeks before motion in limine hearing date.

All motions in limine are due two weeks before the motion in limine hearing date.

Applies to

Motion in limine response

Responses to motions in limine due 7 days before hearing date.

All responses are due seven (7) days before the motion in limine hearing date.

Applies to

Joint proposed materials

Joint proposed jury instructions, verdict form, voir dire, statement of case, exhibit binders due 7 days before motion in limine hearing date.

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.

Applies to

Joint motion to dismiss

Must include

email proposed order

File Joint Motion to Dismiss and email proposed order within 28 days of settlement if no deadline set.

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.

Applies to

Exhibit list

Must include

exhibit list, pre marked exhibits

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

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.

Applies to

Joint case management statement

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

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:

Applies to

Joint case management statement

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

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.

Applies to

Joint case management statement

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

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

Applies to

Joint case management statement

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

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

Applies to

Joint case management statement

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

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

Applies to

Joint case management statement

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

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.

Applies to

Joint case management statement

Must include

local rule certificate

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

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.

Applies to

Joint case management statement

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

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

Applies to

Joint case management statement

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

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

Applies to

Joint case management statement

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.

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.

Applies to

Joint case management statement

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

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

Applies to

Joint case management statement

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

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

Applies to

Joint case management statement

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

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

Applies to

Joint case management statement

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

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.

Applies to

Joint case management statement

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.

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.

Applies to

Joint case management statement

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.

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.

Applies to

Joint case management statement

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

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

Applies to

Bond documents

Must include

certificate of service, local rule certificate

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

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.

Applies to

Sentencing summary chart

Must include

judge name, case number

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

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.

Applies to

Joint case management statement

Must include

certificate of service, local rule certificate

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

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:

Applies to

Litigation hold

Must include

certificate of service

Litigation holds required for preserving ESI.

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

Applies to

Discovery plan

Sources of relevant information and software applications must be disclosed.

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.

Applies to

Stipulated protective order

A stipulated protective order submitted for signature must contain the two required sealing and marginal save clauses.

Any protective order submitted for the Court's signature must contain the following two provisions: 1. No document shall be filed under seal unless counsel secures a court order allowing the filing of a document, or portion thereof, under seal. An application to file a document under seal shall be served on opposing counsel, and on the person or entity that has custody and control of the document, if different from opposing counsel. If opposing counsel, or the person or entity who has custody and control of the document, wishes to oppose the application, they must contact the chambers of the judge who will rule on the application to notify the Court that an opposition to the application will be filed. 2. The Court may modify the protective order sua sponte in the interests of justice or for public policy reasons.

Applies to

Notice of settlement

Counsel must promptly file a Notice of Settlement, or alternatively a Motion to Dismiss, once a settlement is reached.

If the parties reach a settlement, counsel must promptly file a Notice of Settlement or an appropriate Motion to Dismiss.

Applies to

Order

Must include

meet and confer, initial disclosures, joint discovery plan +2 more

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

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.

Applies to

Order

Must include

compliance with all requirements

Parties must comply with all requirements in orders.

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

Applies to

ENE MSC SC

Must include

attendance, preparation

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

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.

Applies to

ENE MSC SC

Must include

full settlement authority

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

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.

Applies to

Discovery motion

Must include

certificate of conference

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

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.

Applies to

Protective order

Must include

signature blocks

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

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.

Applies to

Protective order

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

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

Applies to

Ex parte application

Must include

relief sought, description of dispute, notice to opposing counsel +1 more

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

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.

Applies to

Early neutral evaluation

Must include

settlement authority

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

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.

Applies to

Early neutral evaluation

Must include

client representative

Client representatives needing consultation must attend entire ENE/MSC.

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.

Applies to

Confidential ene statement

Must include

certificate of service

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

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.

Applies to

Joint discovery plan

Must include

certificate of service

Joint Discovery Plan due 7 days before ENE/CMC.

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

Applies to

Confidential settlement statement

Must include

certificate of service

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

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.

Applies to

Discovery motion

Must include

verbatim request, verbatim response, privilege log items +1 more

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

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.

Applies to

Transcript order

Must include

notice of electronic filing

Transcript orders for Judge Butcher must be electronically filed.

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

Applies to

Proposed order

Must include

proposed order

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

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.

Deadline

28 calendar days before msc

Applies to

Settlement proposal

Must include

specific monetary demand, specific remediation demand

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

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).

Deadline

21 calendar days before msc

Applies to

Settlement response

Must include

specific offer amount

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

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

Applies to

Settlement proposal

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

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

Deadline

10 calendar days before msc

Applies to

Msc statement

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

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.

Applies to

Plea document

Must include

judge name, case number

Plea documents must be lodged by noon day before hearing

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.

Applies to

Letter

Emails to chambers requesting discovery dispute conferences must include 3 agreed dates, neutral dispute statement, and one sentence per party position.

After meet and confer attempts have been exhausted, the movant must e-mail chambers at efile_cabrera@casd.uscourts.gov seeking a conference to discuss the discovery dispute. The email must include: (1) at least three proposed dates and times mutually agreed upon by the parties for the conference; (2) a neutral statement of the dispute; and (3) one sentence describing (not arguing) each party’s position. The movant must copy all counsel on the email.

Applies to

Protective order

Protective orders differing from the model must include an explanation of changes and a redlined copy highlighting changes.

If the parties jointly seek a protective order that differs from his model protective order, the joint motion must explain the basis for the proposed changes, and the parties must attach to the joint motion a redlined copy of the proposed protective order highlighting the changes.

Applies to

Notice of settlement

Counsel must file a Notice of Settlement upon case settlement.

If the parties reach a settlement outside the presence of the Court, counsel must promptly email chambers to advise of the settlement and file a Notice of Settlement.

Applies to

Joint discovery statement

Must include

certificate of service

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

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.

Applies to

Stipulated protective order

Must include

joint motion

Stipulated protective orders must be filed as joint motions.

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

Applies to

Litigation hold

Must include

certificate of service

Confirm ESI preservation and litigation holds are in place.

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.

Applies to

Settlement conference

Must include

in person appearance

All key parties must appear in person at settlement conferences.

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.

Applies to

Protective order motion

Must include

proposed order, signature blocks

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

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.

Applies to

Ex parte motion

Must include

certificate of conference

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

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.

Applies to

Discovery motion

Must include

local rule certificate, certificate of conference

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

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.

Applies to

Proposed order

Must include

proposed order

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

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.

Applies to

Rule 26f conference

Must include

certificate of conference

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

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).

Applies to

Protective order

Must include

certificate of conference

Parties must discuss protective order necessity before discovery exchange.

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.

Applies to

Litigation hold

Must include

certificate of conference

Parties must confirm preservation of relevant evidence and litigation holds.

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

Applies to

Litigation hold

Must include

certificate of conference

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

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;

Applies to

Esi exemptions

Must include

certificate of conference

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

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;

Applies to

Automatic destruction

Must include

certificate of conference

Parties must discuss whether to continue automatic destruction programs.

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

Applies to

Preservation disputes

Must include

certificate of conference

Parties must discuss any disputes regarding preservation scope or manner.

Any disputes related to the scope or manner of preservation;

Applies to

Data storage locations

Must include

certificate of conference

Parties must discuss locations of systems storing discoverable information.

Location of systems in which potentially discoverable information is stored.

Applies to

Information sources

Must include

certificate of conference

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

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.

Applies to

Search methodology

Must include

certificate of conference

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

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

Applies to

Settlement brief

Must include

case facts, settlement demand, prior negotiations

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

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.

Applies to

Joint discovery plan

Must include

lodged with chambers

Joint Discovery Plan due 5 days before ENE/CMC

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

Applies to

Settlement conference

Must include

in person appearance

All named parties and authorized representatives must appear in person

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.

Applies to

Excusal motion

Must include

good cause required, ex parte or joint motion

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

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.

Applies to

Motion to amend scheduling order

Must include

declaration

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

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.

Applies to

Joint motion

Must include

points and authorities, certificate of conference

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

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).

Applies to

Plea agreement

Must include

signature blocks

Counsel must obtain client signatures on essential documents before hearings.

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.

Applies to

Plea document

Must include

original fully executed

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

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).

Applies to

Sentencing document

Must include

filing deadline

Sentencing documents must be filed 24 hours before sentencing hearing.

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.

Applies to

Bail modification motion

Must include

supporting documents

Documents relied upon must be provided 24 hours before hearing.

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

Applies to

Joint bail modification motion

Must include

signature blocks, certificate of conference

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

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.

Applies to

Bail document

Must include

chambers review

Bail documents must be presented to Courtroom Deputy for review.

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

Applies to

Bail document

Must include

surety addendum, bail information sheet, receipt of cash deposit +2 more

Bail documents must include specific forms and receipts.

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.

Applies to

Material witness bond

Must include

arraignment date notation

Material witness bonds require arraignment date notation.

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.

Applies to

Joint motion

Must include

proposed order

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

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).

Applies to

Ex parte motion

Must include

proposed order

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

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).

Applies to

Ex parte motion

Must include

service on opposing counsel

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

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.

Applies to

Errata

Errata and notices of errata are not permitted.

Errata and notices of errata are not permitted.

Applies to

Jury instructions

Must include

proposed order

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

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.

Applies to

Witness list

Must include

judge name, case number

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

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

Applies to

Trial procedure

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

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

Applies to

Exhibit table of contents

Must include

table of contents

Table of contents required for exhibits on thumb drive.

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

Applies to

Exhibit thumb drive

Must include

illustrative exhibits, exhibits marked for identification

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

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.

Applies to

Exhibit handling

Exhibits may not be passed among the jury during trial.

Exhibits may not be passed among the jury during trial.

Applies to

Jury note

Must include

date, signature blocks

Jury notes must be dated and signed by foreperson.

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

Applies to

Discovery

Must include

certificate of conference

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

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

Applies to

Discovery

Discovery cut-off dates apply.

Discovery Cut-off Dates.

Applies to

Joint discovery plan

Timing requirements for joint discovery plan.

Timing for Submission.

Applies to

Joint discovery plan

Scope requirements for joint discovery plan.

Scope of the Plan.

Applies to

Joint discovery plan

Scheduling considerations for joint discovery plan.

Scheduling Considerations

Applies to

Initial disclosure

Initial disclosure requirements.

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

Applies to

Disclosure

Timing and format requirements for disclosures.

Timing and Format of Disclosures.

Applies to

Supplement

Supplement timing requirements.

When Are Supplements Required?

Applies to

Supplement

Duty extension requirements.

To Whom Does the Duty Extend?

Applies to

Supplement

Timing requirements for supplementation.

Required Timing of Supplementation.

Applies to

Supplement

Requirements for satisfying duty to supplement.

Satisfying the Duty to Supplement.

Applies to

Ex parte application

Must include

certificate of service, local rule certificate

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

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.

Applies to

Rule 26f conference

Must include

participation

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

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

Applies to

Rule 26f conference

Must include

rule 26a initial disclosures

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

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

Applies to

Rule 26f conference

Must include

discovery planning

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

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:

Applies to

Rule 26f conference

Must include

patent case dispute identification

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

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.

Applies to

Joint discovery plan

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

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).

Applies to

Joint discovery plan

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

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.

Applies to

Joint discovery plan

Discovery plan must address scope of discovery and completion timeline.

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

Applies to

Joint discovery plan

Must include

case management conference

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

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.

Applies to

Joint discovery plan

Must include

patent case timing

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

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.

Applies to

Joint discovery plan

Must include

class action timing

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

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

Applies to

Joint discovery plan

Must include

electronic discovery protocols

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

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.

Applies to

Joint discovery plan

Must include

daubert issues

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

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

Applies to

Joint discovery plan

Must include

protective orders

Need for protective orders regarding proprietary information must be indicated.

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

Applies to

Joint discovery plan

Must include

electronic discovery privilege

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

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).

Applies to

Joint discovery plan

Must include

disagreements noted

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

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.

Applies to

Joint discovery plan

Must include

discovery before motion filing

All discovery must be completed before motion filing cutoff dates.

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

Applies to

Joint discovery plan

Must include

markman before dispositive

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

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.

Applies to

Joint discovery plan

Must include

daubert by dispositive deadline

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

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.

Applies to

Deposition

Depositions must comply with FRCP and FRE.

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

Applies to

Joint discovery plan

Must include

final pretrial conference timing

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

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

Applies to

Initial disclosure

Must include

witness names, document copies, damages computation +1 more

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

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:

Applies to

Initial disclosure

Must include

reasonably available information

Initial disclosures must include only information reasonably available at the time

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

Applies to

Initial disclosure

Must include

only intended use

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

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

Applies to

Initial disclosure

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

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.”

Applies to

Initial disclosure

Must include

scope narrowed

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

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;

Applies to

Initial disclosure

Must include

expert information excluded

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

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.

Applies to

Initial disclosure

Must include

service, signature

Disclosures must be in writing, signed, and served

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

Applies to

Initial disclosure

Must include

signature

Disclosures must be signed by attorney or unrepresented party

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

Applies to

Initial disclosure

Incomplete investigation does not excuse initial disclosure obligations.

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

Applies to

Initial disclosure

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

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

Applies to

Initial disclosure

Must include

duty to supplement

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

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[.]”

Applies to

Supplemental disclosure

Must include

written supplementation

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

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

Applies to

Supplemental disclosure

Must include

sanctions for non compliance

Failure to supplement can result in exclusion of undisclosed material

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.

Applies to

Expert disclosure

Must include

mandatory expert disclosure

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

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.

Applies to

Expert disclosure

Must include

certificate of conference

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

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

Applies to

Expert disclosure

Must include

certificate of conference

Expert witnesses must be available for deposition after disclosure.

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)].

Applies to

Expert report

Must include

certificate of conference

Written reports required for retained/specially employed expert witnesses.

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.'

Applies to

Rebuttal report

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

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.

Applies to

Rebuttal report

Same subject matter must be read narrowly for rebuttal reports.

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.’

Applies to

Rebuttal report

Rebuttal reports cannot introduce new opinions or experts.

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.

Applies to

Expert disclosure

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

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.

Applies to

Rebuttal expert disclosure

Rebuttal expert disclosures due 30 days after principal disclosures.

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

Applies to

Pretrial disclosure

Must include

judge name, case number, certificate of service

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

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.

Applies to

Pretrial disclosure

Must include

signature, service on opposing counsel

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

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

Applies to

Pretrial disclosure

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

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

Applies to

Discovery plan

Must include

judge name, case number, certificate of service

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

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.

Applies to

Search protocol

Must include

certificate of service

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

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.

Applies to

Discovery response

Objections must specify whether responsive materials are being withheld.

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.

Applies to

Discovery response

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

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

Applies to

Discovery response

Privilege-based document withholdings require a privilege log.

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

Applies to

Discovery

Must include

certificate of service

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

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).

Applies to

Discovery

Must include

certificate of service

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

"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.

Applies to

Litigation hold

Must include

certificate of service

Parties must implement litigation hold when litigation is reasonably anticipated.

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.