Southern District of California Document Format Requirements

All formatting requirements in Civil Local Rule 5.1 must be followed.

Source text: The parties must comply with all of the formatting requirements in Civil Local Rule 5.1 unless otherwise ordered by the Court.

Documents must be scanned with OCR if filing electronically.

Source text: In addition, the parties must scan any documents, including exhibits, to be filed on the docket using Optical Character Recognition ("OCR"). The OCR requirement only applies to parties with electronic-case-filing privileges.

Civil trials must use numbers only for exhibit identification, not letters.

Source text: In preparing trial exhibits, the parties are directed to contact the Clerk’s Office for exhibit stickers. Parties may create their own exhibit stickers as long as the stickers include the exhibit number and case number. Civil trials must only use numbers for identifying exhibits and not letters, unless otherwise ordered by the Court.

Separate statement must be in table format with enumerated facts and citations.

Source text: The separate statement should be prepared in a table format, with each undisputed material fact individually enumerated and supported by citations to evidence in the record.

Proposed orders and documents must be submitted in Microsoft Word format; Word Perfect is rejected.

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

Proposed jury instructions and verdict forms must be emailed in Word format to chambers.

Source text: email a copy in Word format to efile_cheeks@casd.uscourts.gov

Exhibits must be excerpted, labeled, dated, tabbed, indexed; do not include documents already on docket.

Source text: All exhibits submitted in support of motions should be excerpted to include only relevant material. All exhibits must be clearly labeled, dated, tabbed, and indexed. Copies of documents already contained on the electronic docket will not be included as exhibits. Such documents should be cited in the text of the motion as [Doc. No. ___ at ___] referencing the docket number of the document cited and using the ECF generated page number for pinpoint cites.

First copy must include instruction number, text, and authority.

Source text: The first copy should indicate the number of the proposed instruction, the instruction, and the authority supporting the instruction.

Second copy must be plain paper with only instructions, no marks.

Source text: The second copy should contain only the proposed instructions on plain paper, that is, not on pleading paper. No other marks or writings should be present.

Electronic copy must be in WordPerfect format.

Source text: This copy also should be presented electronically in WordPerfect format (any version).

Courtesy copies must include CM/ECF header on each page.

Source text: The courtesy copy shall contain the CM/ECF document header on the top of each page.

Exhibits over 3 must be tabbed with table of exhibits.

Source text: If a filing has more than three (3) exhibits, the exhibits must be tabbed and listed in a table of exhibits.

Proposed orders must not include filer's name or 'proposed' in caption.

Source text: 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.

Trial exhibits must follow specific numbering system (Plaintiff numeric, Defendant alphabetic).

Source text: In preparing trial exhibits, the parties are directed to contact the Clerk’s Office for exhibit stickers. Parties may create their own exhibit stickers as long as the stickers include the exhibit number and case number. Pursuant to Civil Local Rule 16.1.f.2.c., Plaintiff’s exhibits must be identified numerically, starting with “1,” and Defendant’s alphabetically, starting with A to Z, then AA to AZ, then BA to BZ, etc., unless otherwise ordered by the Court.

Proposed orders cannot contain filer's name/law firm or word 'proposed' in caption.

Source text: In accordance with Section 2(h) of the ECF Manual, proposed orders must not contain the name and law firm information of the filing party, and must not contain the word 'proposed' in the caption.

Proposed orders must be emailed in Word format.

Source text: Counsel must email proposed orders in Word format to

Exhibits must be attached to documents and filed as separate CM/ECF attachments.

Source text: Unless the physical nature of the exhibit renders it impracticable, exhibits must be attached to the documents to which they belong. Each exhibit should be submitted in CM/ECF as a separate attachment. (For example, if a party is filing five exhibits to Document Number 10, the exhibits should be filed as Doc. 10-1, 10-2, 10-3, 10-4, and 10-5.)

Complete bracketed language in form instructions and use bold font.

Source text: If the form instructions contain bracketed language or blanks, the parties should provide the Court with the appropriate language from the brackets, and all blanks should be completed. This new language shall be written in bold font.

Exhibits must be excerpted, clearly labeled, dated, tabbed, and indexed.

Source text: All exhibits submitted in support of motions should be excerpted to include only relevant material. All exhibits must also be clearly labeled, dated, tabbed, and indexed.

Jury instructions must be submitted in Word format to judge's email.

Source text: The proposed preliminary and final jury instructions must be filed and submitted to the Court in Word format directly to the Judge’s official email address, which is efile_Robinson@casd.uscourts.gov.

Proposed orders must be lodged in Word format.

Source text: Proposed orders must be lodged in Word format.

Legal citations must follow latest Bluebook guidelines.

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

All exhibits must be digitized and submitted on thumb drive; CDs/DVDs not accepted.

Source text: All exhibits, including audio and video exhibits, are to be digitized wherever possible. The digitized exhibits must be submitted on a thumb drive. CDs and DVDs are no longer be accepted.

Proposed orders must be emailed in Word or PDF format; Word Perfect will be rejected.

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

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

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

Only examiner, examinee, and staff may attend psychiatric exams.

Source text: Generally, no other person apart from the examiner and the examinee (and possibly the examiner’s staff) may be present at a psychiatric examination, as it would contaminate the examination.

Attorney generally not permitted at medical exams.

Source text: Generally, the examinee’s attorney may not be present.

Pretrial order must follow CivLR 16.1.f.6.c format.

Source text: The proposed pretrial order shall be in the format prescribed by CivLR 16.1.f.6.c.

Filings with more than 3 exhibits must have tabbed exhibits.

Source text: If a filing has more than three (3) exhibits, the exhibits must be tabbed.

Separate statements must use two-column format with specific content requirements.

Source text: The separate statement must be in a two-column format with the moving party providing in numerical sequence the undisputed material facts in the first column followed by the evidence citation that establishes those undisputed facts. In opposition, the opposing party shall indicate in the second column whether the fact is 'disputed' or 'undisputed.' If disputed, the opposing party must state in the second column, directly opposite the fact in dispute, the reasons for the dispute and cite the evidence that supports the position that the fact is controverted.

Courtesy copies must include CM/ECF document header on each page.

Source text: The courtesy copy shall contain the CM/ECF document header on the top of each page.

Proposed orders must be in Word Perfect or Word format.

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

Courtesy copies must be bound at the top.

Source text: The pages of each pleading must be firmly bound at the top. In no event shall a courtesy copy of a pleading be delivered unbound.

Exhibits must be tabbed if more than 3.

Source text: If a pleading has more than 3 (three) exhibits, the exhibits must be tabbed.

Proposed orders must include '[PROPOSED]' in brackets and remove all extraneous information from headers, footers, and margins.

Source text: The word 'proposed' in brackets (e.g., '[PROPOSED] ORDER GRANTING EX PARTE APPLICATION TO. . .') must appear on the document. This Chambers Rule, mandating the addition of '[PROPOSED],' supersedes Section 2(h) of the ECF Manual. Additionally, all extraneous information shall be removed from the headers, footers, and margins (e.g., contact information and any attorney or firm information, including firm logos).

Place exhibits in three-ring binders separated by tabs.

Source text: Exhibits are to be placed in three-ring binders separated by tabs.

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

Source text: Proposed orders must be submitted in Word format simultaneously with all motions that are not fully noticed and set for hearing twenty-eight (28) days or more after the date of filing. In accordance with Section 2(h) of the Electronic Case Filing Administrative Policies and Procedures 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.

Courtesy copies must include CM/ECF document header on each page.

Source text: The courtesy copy must contain the CM/ECF document header on the top of each page.

Courtesy copies must be bound on top left corner only, no steel prong fasteners.

Source text: Please bind courtesy copies on the top left corner only. Please do not use steel prong fasteners at the top.

Filings with more than 3 exhibits must have tabbed exhibits with table of exhibits.

Source text: If a filing has more than three (3) exhibits, the exhibits must be tabbed and listed in a table of exhibits.

Proposed orders cannot include attorney or law firm captions.

Source text: Proposed orders must not include an attorney or law firm caption on the title page or side margin.

Exhibits must be non-duplicative, relevant, and properly labeled.

Source text: The parties must avoid duplication of exhibits as much as possible. All exhibits submitted in support of motions should be excerpted to include only relevant material. All exhibits must be clearly labeled, dated, and indexed.

The digital version submitted to chambers must be in Microsoft Word or a similar digital format.

Source text: In addition to filing these documents, the parties must email chambers (efile_schopler@casd.uscourts.gov) a Microsoft Word or similar digital version of them.

Proposed orders must not include name and law firm information per ECF Manual.

Source text: However, in accordance with Section 2(h) of the ECF Manual, proposed orders shall not contain the name and law firm information of the filing party.

Counsel must stay at podium during witness examination except for brief, permitted approaches.

Source text: Counsel should not enter the well, except during voir dire, opening statements, and closing arguments. Counsel should conduct all examination of witnesses from the podium, seek permission from the Court before approaching a witness, and keep any visit to the witness stand brief, e.g., by quickly orienting the witness with an exhibit and returning to the podium. After first asking for permission to approach a witness, counsel does not need to seek permission again for the remainder of that witness’ examination.

Witness examinations must be conducted from podium; approaching witnesses requires court permission.

Source text: F. Presentation of Evidence. Please abide by the following rules: Do not enter the well, except during voir dire, opening statement and closing argument. Conduct all examinations of witnesses from the podium. Feel free to approach witnesses during examination, but first seek permission from the Court. Please keep your visit to the witness stand brief, e.g., by quickly orienting a witness with an exhibit and returning to the podium.

Exhibits over 3 must be tabbed and listed in table of exhibits.

Source text: If a filing has more than three exhibits, the exhibits must be tabbed and listed in a table of exhibits.

Exhibits must be excerpted, labeled, and not duplicate docket documents.

Source text: All exhibits submitted in support of motions should be excerpted to include only relevant material. All exhibits must be clearly labeled, dated, tabbed, and indexed. Copies of documents already contained on the electronic docket should not be included as exhibits. Such documents should be cited in the text of the motion as [Doc. No. ___ at ___] referencing the docket number of the document cited and using the ECF-generated page number for pinpoint cites.

Exhibits over 3 must be tabbed and listed in table of exhibits.

Source text: If a filing has more than three exhibits, the exhibits must be tabbed and listed in a table of exhibits.

Exhibits over 3 must be tabbed and listed in table.

Source text: If a filing has more than three exhibits, the exhibits must be tabbed and listed in a table of exhibits.

More than 3 exhibits must be tabbed and listed in table.

Source text: If a filing has more than three exhibits, the exhibits must be tabbed and listed in a table of exhibits.

Zoom proceedings require appropriate dress and conduct as in-person court proceedings.

Source text: A proceeding conducted via Zoom is still a court proceeding and all attendees are expected to dress and conduct themselves in a manner that is appropriate for a court proceeding.

Participants should ensure devices are charged or have charging cable available.

Source text: Because Zoom may quickly deplete the battery of a participant’s device, each participant should ensure that their device is plugged in or that a charging cable is readily available during the video conference.

Citations must consistently use one legal research database per document.

Source text: Within a document, parties should consistently cite to one legal research database (e.g., Westlaw or LEXIS, but not both).

Unreported cases not in database require docket number citation.

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

Filings with more than 3 exhibits must be tabbed.

Source text: If a filing has more than three (3) exhibits the exhibits must be tabbed.

Counsel must bring own electronic equipment for courtroom use.

Source text: Counsel are required to bring their own computers, laptops, tablets, HDMI or VGA adapters and wireless cards, if necessary. Counsel should contact the CRD for details and instructions and with questions regarding the use of equipment not provided for by the Court.

Do not submit model instruction numbers or bracketed instructions.

Source text: Do not submit a list of model jury instruction numbers and do not submit model instructions with brackets.

Use WESTLAW citations when available; provide copies for cases not in WESTLAW/LEXIS.

Source text: For cases not assigned to a reporter for publication, WESTLAW citations should be given, if available. Citations to cases not available in WESTLAW or LEXIS should be accompanied by copies of the cases cited.

Trial schedule is 9 AM - 4 PM, Monday-Thursday, with breaks.

Source text: Trial generally proceeds from 9:00 a.m. to 4:00 p.m., Monday through Thursday, unless the Court schedules otherwise. There will be a one-hour break over the noon hour and two 15-minute breaks, one in the morning, one in the afternoon.

Court prefers double-sided printing for courtesy copies.

Source text: The Court prefers courtesy copies to be printed double-sided.

Counsel should refer to exhibits by exhibit number when possible.

Source text: When referring to an exhibit, counsel should refer to its exhibit number whenever possible to keep a complete record.

Counsel may relocate for better viewing of exhibits without court permission.

Source text: If an exhibit is being used and counsel's view is obstructed, counsel may relocate for better viewing without requesting permission from the Court.

Defendants must number exhibits starting at 500 instead of using alphabetic letters.

Source text: The Court modifies the manner of numbering trial exhibits set forth in Civil Local Rule 16.1(f)(2)(c) as follows: Rather than mark exhibits using alphabetic letters, defendant(s) must number their exhibits beginning at number 500 (or any other number agreed upon with opposing counsel).

ENE, MSC, and SC proceedings are primarily conducted via Zoom.

Source text: The Court conducts the majority of its ENEs, MSCs, and SCs via Zoom. The order setting the hearing will state whether the hearing is in person or via Zoom and will provide the logistics for accessing the Zoom proceeding.

Laptops/desktops preferred over mobile devices for Zoom conferences.

Source text: Participants are encouraged to use laptops or desktop computers for the video conference, if possible, as mobile devices often offer inferior performance.

Court provides AV equipment; counsel must contact CRD for details.

Source text: The Court has audio/visual equipment for counsels’ use. In brief, the podium and counsel tables are wired to connect with counsel’s computers, laptops and tablets. There is an Elmo in place and the jury box is equipped with digital monitors. Counsel should contact the CRD for details and instructions and with questions regarding the use of equipment not provided for by the Court.

Court may order in-person Rule 26(f) conference when beneficial.

Source text: A court may order that the conference take place in person where that would appear to be of significant benefit.

Premises liability and ADA Title III cases are ideal for in-person Rule 26(f) conferences at the site.

Source text: Premises liability cases or Americans with Disabilities Act Title III cases regarding public access barriers are ideal types of cases for in-person Rule 26(f) conferences between the parties and counsel at the site that is the subject of the action.

Motion hearings are generally scheduled on Fridays at 1:30 p.m.

Source text: Motion hearing dates are generally set on Fridays at 1:30 p.m.

Courtesy copies should be double-sided but single-sided accepted.

Source text: The Court prefers courtesy copies to be printed double-sided, but will accept single-sided.

Jury trials generally scheduled 9:00 a.m. to 4:00 p.m., Tuesday through Friday.

Source text: In general, jury trials are scheduled from 9:00 a.m. to 4:00 p.m., beginning on Tuesdays, including a lunch recess from approximately 15 minutes each.

Courtesy copies should be double-sided but single-sided is acceptable.

Source text: The Court prefers courtesy copies to be printed double-sided, but will accept single-sided.