Southern District of California Filing Timing and Cure Windows

Ex parte motions not opposed within 2 court days are considered unopposed.

Source text: Ex parte motions that are not opposed within two (2) Court days will be considered unopposed and may be granted on that ground.

Unopposed continuance requests require an ex parte motion filed at least 2 court days before the event.

Source text: If the parties are unable to reach an agreement, the requesting party must file an ex parte motion demonstrating satisfaction of the applicable legal standard. Such a motion should be filed at least two (2) Court days prior to the event or deadline that the moving party seeks to continue.

Joint motion to dismiss and proposed order must be filed/emailed within 28 days of settlement, unless Rule 41(a)(1) dismissal applies.

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

Proposed pretrial order must be emailed to court at least 7 days before pretrial conference.

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

Proposed preliminary and final jury instructions due 1 week before in limine motion hearing unless otherwise ordered.

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

Supplemental jury instructions must be filed and served immediately upon need.

Source text: Supplemental instructions must be filed and served as soon as the need for them becomes apparent.

Briefs on significant disputed legal issues must be served and filed 5 court days before trial.

Source text: 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.

Proposed verdict forms must be submitted on the day set for motions in limine.

Source text: Proposed forms of verdict must be submitted by email in Word format on the day set for motions in limine.

Plea-related documents must be lodged by noon the day before change of plea hearing, or the hearing is rescheduled.

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

Discovery dispute procedures must be initiated within 30 days of the triggering event (deposition date or written discovery response date).

Source text: The parties must initiate the procedure described in section C above within 30 days of the event giving rise to the dispute. For disputes regarding depositions, the event giving rise to the dispute is the date of the deposition in which the dispute arose. For disputes regarding written discovery, the event giving rise to the dispute is the date the initial response was served, or, if a party fails to respond, the date the response was due.

Designating parties must file a joinder in motions to seal (with protectability showing) within 5 business days of service.

Source text: Where the party requesting sealing is not the designating party (i.e., the request to seal is made because another party has designated information “confidential”), the designating party must file a joinder in the motion to seal within five business days of service and must make the required showing that the information is protectable under the law.

Oppositions to motions to seal must be filed within 5 business days of service.

Source text: Any opposition to a motion to seal must also be filed within five business days of service.

Plea-related documents must be lodged by noon the day before the change of plea hearing, or the hearing is rescheduled.

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

Discovery dispute procedures must be initiated within 45 calendar days of the dispute event (deposition completion or written response service/due date).

Source text: The parties must initiate the procedure described in section C above within 45 days of the event giving rise to the dispute. For disputes regarding depositions, the event giving rise to the dispute is the completion of the deposition. For disputes regarding written discovery, the event giving rise to the dispute is the date the initial response was served, or, if a party fails to respond, the date the response was due.

Designating parties must join sealing motions within 4 business days of service; oppositions also due within 4 business days of service.

Source text: Where the party requesting sealing is not the designating party (i.e., the request to seal is made because another party has designated information “confidential”), the designating party must file a joinder in the motion to seal within 4 business days of service and must make the required showing that the information is protectable under the law. The fact that the information has been designated confidential pursuant to a stipulated protective order, standing alone, is not a sufficient basis for sealing. Any opposition to a motion to seal must also be filed within 4 business days of service.

Proposed voir dire questions may be served and filed on the day of motions in limine.

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