Court Rules

Southern District of California Filing Timing and Cure Windows

107 rules from official source documents

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Cutoffs and deemed-filed rules

CRITICALCivil cases

Deadline
1 business days

Opposing counsel ordinarily has until 5:00 p.m. on the next business day after service of an ex parte motion to respond, or may contact the assigned law clerk to request additional time.

After service of the ex parte motion, opposing counsel will ordinarily be given until 5:00 p.m. on the next business day to respond or contact the assigned law clerk to request additional time.

Judge James E. Simmons, Jr.

CRITICALCriminal cases

Motions in limine are due three weeks before the hearing, and oppositions are due two weeks before the hearing.

Motions in limine are due three (3) weeks before the hearing, with any opposition due two (2) weeks before the hearing.

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

Motions in limine are due three weeks before the hearing, and oppositions are due two weeks before the hearing.

Motions in limine are due three (3) weeks before the hearing, with any opposition due two (2) weeks before the hearing.

Judge Ruth Bermudez Montenegro

CRITICALCriminal cases

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

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

Judge Todd W. Robinson

CRITICALCriminal cases

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

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

Judge Todd W. Robinson

CRITICALCriminal cases

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

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

Judge Todd W. Robinson

CRITICALCriminal cases

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

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

Judge Todd W. Robinson

CRITICAL

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

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.

Magistrate Judge Guillermo Cabrera

CRITICAL

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

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.

Magistrate Judge Janet A. Cabral

CRITICALCivil cases

A petition to appoint a guardian ad litem must be filed at the same time as the underlying complaint.

Petitions for appointment of a guardian ad litem must be filed at the same time as the underlying complaint is filed.

Senior Judge Anthony J. Battaglia

CRITICALCivil cases

A petition to appoint a guardian ad litem must be filed at the same time as the underlying complaint.

Petitions for appointment of a guardian ad litem must be filed at the same time as the underlying complaint is filed.

Senior Judge Anthony J. Battaglia

WARNINGCriminal cases

The listed filing and disclosure deadlines apply to all trials unless the court orders otherwise.

Unless otherwise ordered, the following deadlines apply for all trials.

Judge Andrew G. Schopler

WARNINGCivil cases

Existing case dates and deadlines remain in effect, and discovery and other proceedings continue unless the Court orders otherwise.

All dates and deadlines in the case will remain as set and discovery and other proceedings will go forward until otherwise ordered by the Court.

Judge Benjamin J. Cheeks

INFOCriminal cases

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

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

Judge Todd W. Robinson

INFOCriminal cases

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

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

Judge Todd W. Robinson

INFOCriminal cases

As a senior District Judge, Judge Battaglia will not be available on Fridays. All matters submitted on Friday will be considered the following Monday after the calendar matters for the day are addressed.

As a senior District Judge, Judge Battaglia will not be available on Fridays. All matters submitted on Friday will be considered the following Monday after the calendar matters for the day are addressed.

Senior Judge Anthony J. Battaglia

Filing deadlines

CRITICALCivil cases

The proposed order seeking leave to use courtroom equipment must be lodged at least seven days before the relevant court appearance.

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.

Judge Andrew G. Schopler

CRITICALCriminal cases

Trial briefs, proposed verdict forms, proposed jury instructions, and proposed voir dire questions are due 4 days before the motions in limine hearing, unless otherwise ordered.

4 days before MIL hearing Trial brief Verdict forms (proposed) Jury instructions (proposed) Voir dire questions (proposed)

Judge Andrew G. Schopler

CRITICALCriminal cases

Notices and evidence disclosures (including FRE 404(b)/609(b) notices, expert reports, and FRCrP 12.1 alibi-defense demands) are due 35 days before the motions in limine hearing, unless otherwise ordered.

35 days before MIL hearing Notices* Evidence disclosures* * Notices and evidence disclosures include notice under Federal Rules of Evidence 404(b) and 609(b), expert reports, Federal Rule of Criminal Procedure 12.1 alibi-defense demands, and the like.

Judge Andrew G. Schopler

CRITICALCriminal cases

Motions in limine are due 21 days before the motions in limine hearing, unless otherwise ordered.

21 days before MIL hearing Motions in limine

Judge Andrew G. Schopler

CRITICALCriminal cases

Responses to motions in limine are due 7 days before the motions in limine hearing, unless otherwise ordered.

7 days before MIL hearing Responses to motions in limine

Judge Andrew G. Schopler

CRITICALCriminal cases

Trial briefs, proposed verdict forms, proposed jury instructions, and proposed voir dire questions are due 4 days before the motions in limine hearing, unless otherwise ordered.

4 days before MIL hearing Trial brief Verdict forms (proposed) Jury instructions (proposed) Voir dire questions (proposed)

Judge Andrew G. Schopler

CRITICALCriminal cases

Notices and evidence disclosures (including FRE 404(b)/609(b) notices, expert reports, and FRCrP 12.1 alibi-defense demands) are due 35 days before the motions in limine hearing, unless otherwise ordered.

35 days before MIL hearing Notices* Evidence disclosures* * Notices and evidence disclosures include notice under Federal Rules of Evidence 404(b) and 609(b), expert reports, Federal Rule of Criminal Procedure 12.1 alibi-defense demands, and the like.

Judge Andrew G. Schopler

CRITICALCriminal cases

Motions in limine are due 21 days before the motions in limine hearing, unless otherwise ordered.

21 days before MIL hearing Motions in limine

Judge Andrew G. Schopler

CRITICALCivil cases

The proposed order seeking leave to use courtroom equipment must be lodged at least seven days before the relevant court appearance.

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.

Judge Andrew G. Schopler

CRITICALCriminal cases

Responses to motions in limine are due 7 days before the motions in limine hearing, unless otherwise ordered.

7 days before MIL hearing Responses to motions in limine

Judge Andrew G. Schopler

CRITICALCriminal cases

Responses to motions in limine are due seven days before the motions-in-limine hearing.

7 days before MIL hearing Responses to motions in limine

Judge Andrew G. Schopler

CRITICALCriminal cases

Notices and evidence disclosures are due 35 days before the motions-in-limine hearing.

35 days before MIL hearing Notices* See note (*) below Evidence disclosures*

Judge Andrew G. Schopler

CRITICALCriminal cases

Motions in limine are due 21 days before the motions-in-limine hearing.

21 days before MIL hearing Motions in limine CrimCR 6 & 7

Judge Andrew G. Schopler

CRITICALCriminal cases

Trial briefs and proposed verdict forms, jury instructions, and voir dire questions are due four days before the motions-in-limine hearing.

4 days before MIL hearing Trial brief CrimCR 6, 8 & 9 Verdict forms (proposed) Jury instructions (proposed) Voir dire questions (proposed)

Judge Andrew G. Schopler

CRITICALCivil cases

A noticed motion’s hearing date must be set 35 days after the motion is filed.

Parties filing a noticed motion must set the hearing date to be thirty-five (35) days from the motion’s filing date.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Motions challenging a proposed expert’s qualifications or testimony must be brought by the dispositive-motion hearing cutoff.

Motions addressing the qualifications or testimony of a proposed expert must be brought by the dispositive motion hearing cut-off.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Unless the parties file a Rule 41(a)(1) notice of dismissal, they must file a joint motion to dismiss and email a proposed order to the Court 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 a proposed order to this Court within twenty-eight days of settlement.

Judge Benjamin J. Cheeks

CRITICALCivil cases

Parties must file witness and exhibit lists seven days before trial, unless the Court orders otherwise.

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

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Leave to file supplemental documents requires good cause, and supplemental filings will not be accepted less than seven days before the scheduled motion hearing.

Leave will not be granted absent good cause, and no supplemental filings will be accepted less than seven (7) days prior to the scheduled motion hearing.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Supporting documents must be filed 7 days before the scheduled sentencing hearing.

6. Supporting documents: 7 days prior

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Proposed jury instructions and verdict forms must be filed seven days before trial unless the Court orders otherwise.

The parties must file proposed jury instructions and verdict forms seven (7) days prior to the date of trial, unless otherwise ordered by the Court

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Motions for 5k1.1 departures must be filed 7 days before the scheduled sentencing hearing.

3. Motions for 5k1.1 departures: 7 days prior

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Motions must be filed at least fourteen days before the noticed date unless the Court shortens the time by order for good cause.

All parties shall adhere strictly to Criminal Local Rule 47.1, which provides that all motions must be filed no later than fourteen (14) days prior to the date for which the motion is noticed unless the Court, by order and for good cause, shortens that time.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

For a Monday hearing, a continuance motion must be filed by 5:00 p.m. the preceding Wednesday.

By way of example, a motion to continue a hearing set for Monday must be filed by 5:00 p.m. on the preceding Wednesday.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Deadline
7 calendar days

At least seven calendar days before the first motion hearing, the parties must inform the Court in writing of the agreed discovery-production timetable, proposed expert-disclosure timing, and any disagreements.

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.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Deadline
14 calendar days

Except for motions in limine and motions pertaining to sentencing, motions must be filed at least fourteen calendar days before the hearing.

All motions, except motions in limine and those pertaining to sentencing matters, must be filed at least fourteen (14) calendar days before the hearing date.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Deadline
7 calendar days

Opposition briefs must be filed at least seven calendar days before the hearing.

Opposition briefs must be filed at least seven (7) calendar days before the hearing date.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Motions for departures other than 5k1.1 must be filed 14 days before the scheduled sentencing hearing.

2. Motions for departures, other than 5k1.1: 14 days prior

Judge Benjamin J. Cheeks

CRITICALCriminal cases

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

4. Sentencing summary charts: 7 days prior

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Objections to the PSR must be filed 14 days before the scheduled sentencing hearing.

1. Objections to the PSR: 14 days prior

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Addenda addressing objections must be filed 7 days before the scheduled sentencing hearing.

5. Addenda addressing objections: 7 days prior

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Motions in limine are heard 14 days before trial unless the Court sets another date; motions are due 14 days before the hearing, oppositions 7 days before, and replies are not filed, unless otherwise set by the Court.

B. Motions in Limine: These Motions will be heard fourteen (14) days before the trial date unless otherwise set by the Court. Motions are due fourteen (14) days before the hearing, with any opposition due 7 days before the hearing, unless otherwise set by the Court. No reply memorandum are to be filed.

Judge Benjamin J. Cheeks

CRITICALCriminal cases

Witness and exhibit lists must be filed seven days before trial unless the Court orders otherwise.

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

Judge Benjamin J. Cheeks

CRITICALCivil cases

Counsel must promptly file a Notice of Settlement whenever the parties reach a settlement.

If the parties reach a settlement, counsel must promptly file a Notice of Settlement.

Judge James E. Simmons, Jr.

CRITICALCivil cases

Parties must contact the Court to request an informal discovery conference within 45 days of the event giving rise to the written discovery dispute (the response service date, or the date the response was due if none was provided), not the date of meet-and-confer impasse.

For written discovery, the event giving rise to the discovery dispute is the date of service of the response, not the date on which counsel reach an impasse in meet and confer efforts. If a party fails to provide a discovery response, the event giving rise to the discovery dispute is the date response was due. The parties must contact the Court to request an informal discovery conference within forty-five (45) days of the event giving rise to the discovery dispute.

Judge James E. Simmons, Jr.

CRITICAL

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.

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.

Judge Jinsook Ohta

CRITICAL

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

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.

Judge Jinsook Ohta

CRITICAL

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

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

Judge Jinsook Ohta

CRITICAL

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

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.

Judge Jinsook Ohta

CRITICAL

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.

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.

Judge Jinsook Ohta

CRITICAL

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

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.

Judge Jinsook Ohta

CRITICAL

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

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

Judge Jinsook Ohta

CRITICAL

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

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.

Judge Jinsook Ohta

CRITICALCriminal cases

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

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.

Judge Todd W. Robinson

CRITICALCriminal cases

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.

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.

Judge Todd W. Robinson

CRITICALCriminal cases

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

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.

Judge Todd W. Robinson

CRITICALCriminal cases

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.

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.

Judge Todd W. Robinson

CRITICALCivil cases

parties have 45 days past the disputed discovery response or the disputed deposition transcript portion to raise a discovery dispute; failure bars the motion, and extensions require a Court-approved joint motion showing good cause.

The parties must bring any discovery dispute to the Court's attention (either by email or filing a motion as outlined above) no later than 45 days after either (1) the date of service of the written discovery response that is in dispute; or (2) the date that the portion of the deposition transcript in dispute is completed. Failure to meet this deadline will bar a party from filing a corresponding discovery motion. The parties must file a joint motion demonstrating good cause if they seek to extend this deadline. The parties cannot extend this deadline by any agreement that is not approved by the Court.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

parties have 45 days past the disputed discovery response or the disputed deposition transcript portion to raise a discovery dispute; failure bars the motion, and extensions require a Court-approved joint motion showing good cause.

The parties must bring any discovery dispute to the Court's attention (either by email or filing a motion as outlined above) no later than 45 days after either (1) the date of service of the written discovery response that is in dispute; or (2) the date that the portion of the deposition transcript in dispute is completed. Failure to meet this deadline will bar a party from filing a corresponding discovery motion. The parties must file a joint motion demonstrating good cause if they seek to extend this deadline. The parties cannot extend this deadline by any agreement that is not approved by the Court.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Deadline
10 calendar days

The Statement and Letter must be received at least 10 calendar days before the conference.

Both the Statement and the Letter must be lodged in .pdf format via email to efile_goddard@casd.uscourts.gov (not filed), and must be received no later than 10 calendar days prior to the conference.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Unless excused, parties must lodge updated Settlement Conference Statements 10 days before a further Settlement Conference, addressing the action’s status and developments since the prior conference.

Unless explicitly relieved of this requirement, the parties shall lodge updated Settlement Conference Statements 10 days prior to the further Settlement Conference, in accordance with Sections 6 and 7, to inform the Court of the status of the action and any developments that have occurred since the last Settlement Conference.

Magistrate Judge Allison H. Goddard

CRITICAL

Parties must raise a discovery dispute within 45 days after service of the disputed written response or completion of the disputed deposition transcript portion; missing the deadline bars a corresponding motion.

The parties must bring any discovery dispute to the Court’s attention (either by email or filing a motion as outlined above) no later than 45 days after either (1) the date of service of the written discovery response that is in dispute; or (2) the date that the portion of the deposition transcript in dispute is completed. Failure to meet this deadline will bar a party from filing a corresponding discovery motion.

Magistrate Judge Allison H. Goddard

CRITICAL

After settlement, counsel must promptly file a Notice of Settlement or an appropriate Motion to Dismiss.

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

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Deadline
10 calendar days

The Settlement Conference Statement and any Confidential Settlement Letter must be received no later than 10 calendar days before the conference.

Both the Statement and the Letter must be lodged in .pdf format via email to efile_goddard@casd.uscourts.gov (not filed), and must be received no later than 10 calendar days prior to the conference.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Unless excused, parties must lodge updated Settlement Conference Statements 10 days before a further Settlement Conference, following Sections 6 and 7 and reporting case status and developments since the prior conference.

Unless explicitly relieved of this requirement, the parties shall lodge updated Settlement Conference Statements 10 days prior to the further Settlement Conference, in accordance with Sections 6 and 7, to inform the Court of the status of the action and any developments that have occurred since the last Settlement Conference.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

Deadline
10 calendar days

The 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:

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

If the case settles before the Settlement Conference, the parties must immediately file a notice of settlement and notify chambers by telephone.

If the case settles prior to the Settlement Conference, the parties shall immediately file a notice of settlement and notify Judge Goddard’s chambers at 619.557.6162.

Magistrate Judge Allison H. Goddard

CRITICALCriminal cases

Counsel must provide the signed Waiver of Indictment to the Courtroom Deputy before the calendar begins.

Counsel shall have the written Waiver of Indictment signed by their client prior to the scheduled hearing and shall provide it to the Courtroom Deputy prior to the commencement of the calendar.

Magistrate Judge Allison H. Goddard

CRITICALCriminal cases

The waiver deadline is two days before the preliminary hearing at the same time of day.

For example, if the preliminary hearing is set for 8/8/19 at 9:30 a.m., the waiver must be filed by 9:30 a.m. on 8/6/19.

Magistrate Judge Allison H. Goddard

CRITICALCriminal cases

Original plea agreements must be submitted to the 12th floor Clerk's Office two days before the hearing.

Original Plea agreements shall be submitted to the 12th floor Clerk's Office 2 days prior to the hearing.

Magistrate Judge Allison H. Goddard

CRITICALCriminal cases

Deadline
24 hours

Defense counsel must provide the Court’s CRD and the United States Attorney’s Office with the proposed bail package 24 hours before the hearing, including specified supporting documents for a property bond.

Defense counsel must provide the Court’s CRD and the United States Attorney’s Office with a copy of the proposed bail package, including in the case of a property bond, title documents, appraisals, bank loan statements and other relevant documents, 24 hours in advance of the hearing.

Magistrate Judge Allison H. Goddard

CRITICALCriminal cases

A Waiver of Preliminary Hearing must be filed two days before the preliminary hearing.

A Waiver of Preliminary Hearing must be filed 2 days prior to the preliminary hearing.

Magistrate Judge Allison H. Goddard

CRITICALCriminal cases

In Class A misdemeanor cases, counsel must file a sentencing summary chart and/or sentencing memorandum at least two days before sentencing or, when immediate sentencing is requested, the change-of-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 (if requesting immediate sentencing).

Magistrate Judge Allison H. Goddard

CRITICALCriminal cases

Deadline
24 hours

Documents to be proffered at a bond-modification hearing must be provided to the Court’s CRD 24 hours beforehand.

Any documents to be proffered at the hearing must be provided to the Court’s CRD 24 hours in advance of the hearing.

Magistrate Judge Allison H. Goddard

CRITICALCivil cases

If the case settles before the Settlement Conference, the parties must immediately file a notice of settlement and notify chambers by phone.

If the case settles prior to the Settlement Conference, the parties shall immediately file a notice of settlement and notify Judge Goddard’s chambers at 619.557.6162.

Magistrate Judge Allison H. Goddard

CRITICAL

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

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.

Magistrate Judge Guillermo Cabrera

CRITICAL

Deadline
5 business days

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

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

Magistrate Judge Guillermo Cabrera

CRITICAL

Deadline
5 business days

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.

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.

Magistrate Judge Guillermo Cabrera

CRITICAL

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

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.

Magistrate Judge Janet A. Cabral

CRITICAL

Deadline
4 business days

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.

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.

Magistrate Judge Janet A. Cabral

CRITICALCivil cases

The first accounting must be filed within one year of establishing the SNT with the appropriate state court.

LR 17.1(b)(4)(B)(iii) requires that the order approving the trust include a provision that the first accounting be filed within one year of the establishment of the SNT with the San Diego Superior Court for California residents, or other appropriate court for non-residents.

Senior Judge Anthony J. Battaglia

CRITICALCivil cases

If the recipient is not a California resident, any required accounting must be filed in the court of general jurisdiction where the minor or incompetent resides.

If the recipient of the money or property is not a California resident, the accounting must be in the court of general jurisdiction where the minor or incompetent resides;

Senior Judge Anthony J. Battaglia

CRITICALCivil cases

In a settlement involving a trust, guardianship, or conservatorship, a requirement that the first accounting, if required, be filed within one year of the establishment of the trust, guardianship or conservatorship, with the San Diego Superior Court.

In a settlement involving a trust, guardianship, or conservatorship, a requirement that the first accounting, if required, be filed within one year of the establishment of the trust, guardianship or conservatorship, with the San Diego Superior Court.

Senior Judge Anthony J. Battaglia

CRITICALCriminal cases

Deadline
7 calendar days
Applies to
Opposition

Opposition briefs to motions must be filed at least 7 calendar days before the hearing.

Opposition briefs must be filed at least seven (7) calendar days before the hearing date.

Senior Judge Anthony J. Battaglia

CRITICALCriminal cases

Deadline
14 calendar days

Pretrial motions (other than motions in limine and sentencing motions) must be filed at least 14 calendar days before the hearing.

All motions, except motions in limine and those pertaining to sentencing matters, must be filed at least fourteen (14) calendar days before the hearing date.

Senior Judge Anthony J. Battaglia

CRITICALCivil cases

If the recipient is not a California resident, any required accounting must be filed in the court of general jurisdiction where the minor or incompetent resides.

If the recipient of the money or property is not a California resident, the accounting must be in the court of general jurisdiction where the minor or incompetent resides;

Senior Judge Anthony J. Battaglia

CRITICALCivil cases

In a settlement involving a trust, guardianship, or conservatorship, a requirement that the first accounting, if required, be filed within one year of the establishment of the trust, guardianship or conservatorship, with the San Diego Superior Court.

In a settlement involving a trust, guardianship, or conservatorship, a requirement that the first accounting, if required, be filed within one year of the establishment of the trust, guardianship or conservatorship, with the San Diego Superior Court.

Senior Judge Anthony J. Battaglia

WARNINGCriminal cases

A party wishing to use electronic or A/V equipment in court must lodge a proposed order seeking leave at least seven days before the court appearance.

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.

Judge Andrew G. Schopler

WARNINGCriminal cases

A party wishing to use electronic or A/V equipment in court must lodge a proposed order seeking leave at least seven days before the court appearance.

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.

Judge Andrew G. Schopler

WARNINGCivil cases

Opposing counsel ordinarily has until 5:00 p.m. on the next business day after service to respond.

After service of the ex parte motion, opposing counsel will ordinarily be given until 5:00 p.m. on the next business day to respond.

Judge Benjamin J. Cheeks

WARNINGCivil cases

The parties may file trial briefs seven days before trial.

The parties may file trial briefs seven (7) days prior to the date of trial.

Judge Benjamin J. Cheeks

WARNINGCivil cases

Counsel wishing to expand the judge's initial voir dire may file proposed questions no later than seven days before trial, unless the Court orders otherwise.

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.

Judge Benjamin J. Cheeks

WARNINGCriminal cases

Missing the sentencing filing deadlines results in a continuance unless counsel is prepared to waive consideration of the late submissions.

Failure to meet these deadlines will result in a continuance of the sentencing hearing unless counsel is prepared to waive consideration of the late submissions.

Judge Benjamin J. Cheeks

WARNINGCriminal cases

Trial briefs are due on the same date as motions in limine.

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

Judge Benjamin J. Cheeks

WARNINGCriminal cases

A party intending to use demonstratives during opening statements must disclose that intention to the opposing party by the Thursday before trial.

D. Demonstratives: Any party who intends to use a demonstrative such as a PowerPoint presentation, poster boards, etc., during opening statements must disclose their intention to the opposing party on or before the Thursday prior to trial.

Judge Benjamin J. Cheeks

WARNINGCriminal cases

Counsel may file proposed voir dire questions no later than 7 days before trial.

E. Voir Dire: Counsel may file proposed voir dire questions no later than seven (7) days before the date of trial.

Judge Benjamin J. Cheeks

WARNINGCriminal cases

Deadline
5 court days

The parties may serve and file briefs on significant disputed matters no later than five Court days before trial.

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

Judge Ruth Bermudez Montenegro

WARNINGCriminal cases

Deadline
5 court days

The parties may serve and file briefs on significant disputed matters no later than five Court days before trial.

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

Judge Ruth Bermudez Montenegro

WARNINGCriminal cases

If the plea agreement is not timely submitted, the change of plea will be removed from calendar and rescheduled absent extraordinary circumstances.

If not timely submitted and absent extraordinary circumstances, the change of plea will be taken off calendar and rescheduled.

Magistrate Judge Allison H. Goddard

WARNINGCriminal cases

A late waiver does not remove the matter from calendar, and all parties must appear at the scheduled preliminary hearing.

If a waiver is filed after deadline, the matter will not be taken off calendar and all parties will be expected to appear at the scheduled preliminary hearing.

Magistrate Judge Allison H. Goddard

WARNINGCriminal cases

Deadline
7 calendar days
Applies to
Rule 16 timetable informing court

At least 7 calendar days before the first motion hearing, the parties must submit a written agreed-upon discovery and expert-witness timetable under Rule 16, including any disagreements.

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

Senior Judge Anthony J. Battaglia
Common questions about Southern District of California filing timing and cure windows rules

What filing deadlines does Southern District of California set?

Judge Andrew G. Schopler: The proposed order seeking leave to use courtroom equipment must be lodged at least seven days before the relevant court appearance.

View ruleOfficial source Source: page 2, section General Rules

Judge Jinsook Ohta: 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.

View ruleOfficial source Source: page 3, section V. Continuances

Magistrate Judge Allison H. Goddard: parties have 45 days past the disputed discovery response or the disputed deposition transcript portion to raise a discovery dispute; failure bars the motion, and extensions require a Court-approved joint motion showing good cause.

View ruleOfficial source Source: page 4, section Deadline to Raise Discovery Disputes With the Court

64 more rules answer this question.

What filing deadlines apply to jury instructions filings in Southern District of California?

Judge Todd W. Robinson: Proposed preliminary and final jury instructions due 1 week before in limine motion hearing unless otherwise ordered.

View ruleOfficial source Source: page 3, section VI.B. Jury Instructions

1 more rule answers this question.

What filing deadlines apply to brief filings in Southern District of California?

Judge Todd W. Robinson: 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.

View ruleOfficial source Source: page 4, section VI.C. [Disputed Issues Briefs]

1 more rule answers this question.

What filing deadlines apply to proposed pretrial order filings in Southern District of California?

Judge Jinsook Ohta: Proposed pretrial order must be emailed to court at least 7 days before pretrial conference.

View ruleOfficial source Source: page 4, section VIII. Pretrial Conference

1 more rule answers this question.

What filing deadlines apply to ex parte motion filings in Southern District of California?

Judge Jinsook Ohta: Ex parte motions not opposed within 2 court days are considered unopposed.

View ruleOfficial source Source: page 3, section III. Ex parte Motions

1 more rule answers this question.

What filing deadlines apply to joint motion to dismiss filings in Southern District of California?

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

View ruleOfficial source Source: page 4, section VII. Settlement

1 more rule answers this question.