Court Rules
Judge Helena M. Barch-Kuchta
Magistrate Judge

Judge Helena M. Barch-Kuchta

Individual Rules, Standing Orders & Policies

Rules last changed:
Eastern District of California

Limits & Logistics

Document Limits

Brief
25 pgs
Cases:
Filters:AllMandatoryMemorandaExhibitsConferencesDiscoveryEvidence/Witnesses

Page & Word Limits1 rule

Page LimitsCivil cases

Machine summary. Not checked yet.Mandatory?

Unless granted prior approval of the Court, parties are advised that all moving and opposition briefs and/or legal memoranda filed in civil cases shall not exceed twenty-five (25) pages. Reply briefs shall not exceed ten (10) pages. These pages do not include exhibits. Parties may seek leave for additional pages through a telephonic conference with all parties, or by brief motion.

Summary: Civil case briefs limited to 25 pages (moving/opposition) and 10 pages (reply).

Brief

25 pages

Applies to: Attorney

Reply Brief

10 pages

Applies to: Attorney

Document Filing Requirements1 rule

Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

v. Formal discovery hearings shall comply with Local Rule 251. Any such motion should (1) quote in full each interrogatory, deposition question, request for admission, or request for production that is in dispute, and (2) state the response or objection and grounds therefor articulated by the opposing party. Unless otherwise ordered, deposition transcripts or discovery papers are not to be filed with the Court.

Summary: Discovery motions must quote disputed discovery requests and responses, and cannot file transcripts unless ordered.

Document Type

Discovery Motion

Specific requirements detailed in rule text.

Filing & Service rules

Pre-Motion Conference Requirements

Informal Discovery Dispute Letter Brief limited to 3 pages, filed 24 hours before conference, no attachments.

The letter brief is limited to three (3) pages in length and shall be filed no later than twenty-four hours before the scheduled conference. Attachments are prohibited.

Machine summary. Not checked yet. · Civil cases

Discovery motions require prior approval before filing.

Judge Barch-Kuchta will not consider any discovery motions without prior approval in accordance with the following procedures:

Machine summary. Not checked yet. · Civil cases

Adjournment & Extension Requirements

Defense counsel may serve a continuance petition for Review Hearing between 1 month and 2 weeks prior to the hearing, including all facts supporting the request.

No earlier than one month prior to the date set for the Review Hearing nor later than two weeks before the date set for the Review Hearing, counsel for Defendant may serve upon counsel for the government, or said counsel’s designee, a copy of a Petition seeking to have the scheduled Review Hearing vacated or continued, stating all facts supporting the relief sought.

Machine summary. Not checked yet. · Criminal cases

Page 2 | POLICY REGARDING PROBATION COMPLIANCE REVIEW

Chambers Communication Rules

Settlement conferences require contacting Courtroom Deputy Patricia Apodaca and may require pre-conference calls.

a. Parties may contact Courtroom Deputy Patricia Apodaca to request that a magistrate judge serve as mediator in a settlement conference. Judge Barch-Kuchta will issue a pre-conference order establishing procedures and expectations for the settlement conference. This order may require a pre-conference call from each party and pre-conference telephone call with the lead attorneys.

Machine summary. Not checked yet. · Civil cases

Page 3 | Settlement Conferences

About United States Magistrate Judge Helena M. Barch-Kuchta

**United States Magistrate Judge Helena M. Barch-Kuchta** was appointed as the United States Magistrate Judge for the Yosemite Division of the Eastern District of California on November 1, 2020. She sits in the U.S. District Court in Yosemite Valley and also hears cases in Fresno. She presides over criminal matters arising on federal lands and civil matters arising in the Fresno Division, and conducts settlement conferences in all types of cases. Judge Barch-Kuchta has practiced litigation in the private, public, and international sectors. She began her legal career as a litigator with K&L Gates, LLP, then joined the U.S. District Court, Middle District of Florida as a staff attorney. She later joined the U.S. Department of Justice as a trial attorney in its Civil Division, Office of Foreign Litigation, European Office in the United Kingdom, representing the United States in affirmative and defensive litigation throughout Europe and Turkey. She also earned an Executive Certificate in International Human Rights Law & Practice from the London School of Economics and Political Science. **Education** - Duquesne University School of Law, J.D., 1990 - Pennsylvania State University, B.A., 1983 (with honors) **Career** - 2018–2020: Staff Attorney, U.S. District Court – Middle District of Florida - 2013–2017: Attorney, U.S. Department of Justice, Civil Division, London, United Kingdom - 2003–2013: Staff Attorney, U.S. District Court – Middle District of Florida - 1990–1997: Senior Associate, K&L Gates, LLP, Washington, D.C. & Pittsburgh, Pennsylvania

**Division:** Yosemite **Courthouse:** Yosemite Federal Courthouse, PO Box 575, Yosemite, CA 95389 **Chambers:** Courtroom 2, 8th Floor **Phone:** (209) 372-0320 **Chambers Staff** - Courtroom Deputy: Patricia Apodaca, papodaca@caed.uscourts.gov, (209) 372-8917 - Law Clerks: Corynn Roche (Administrative), Emily Hurt

Common questions about Judge Helena M. Barch-Kuchta's rules

Does Judge Helena M. Barch-Kuchta require a pre-motion conference or letter before filing a motion?

Yes. A pre-motion letter is required for discovery. Discovery motions require prior approval before filing.

What page or word limits apply to brief before Judge Helena M. Barch-Kuchta?

Judge Helena M. Barch-Kuchta's rule states these limits: attorney: 25 pages; attorney: 10 pages. Civil case briefs limited to 25 pages (moving/opposition) and 10 pages (reply).

What must be included with discovery motion filings before Judge Helena M. Barch-Kuchta?

The rule identifies required filing content or certificates. Discovery motions must quote disputed discovery requests and responses, and cannot file transcripts unless ordered.

View ruleSource: page 3, section Discovery Motions

How may parties contact Judge Helena M. Barch-Kuchta's chambers?

Settlement conferences require contacting Courtroom Deputy Patricia Apodaca and may require pre-conference calls.

View ruleSource: page 3, section Settlement Conferences

How do I request an adjournment or extension before Judge Helena M. Barch-Kuchta?

Advance notice is not fully stated in the structured details. The request must include reason for request. Defense counsel may serve a continuance petition for Review Hearing between 1 month and 2 weeks prior to the hearing, including all facts supporting the request.

View ruleSource: page 2, section POLICY REGARDING PROBATION COMPLIANCE REVIEW
Complete rules summary for Judge Helena M. Barch-Kuchta

Defense counsel may serve a continuance petition for Review Hearing between 1 month and 2 weeks prior to the hearing, including all facts supporting the request.

Civil case briefs limited to 25 pages (moving/opposition) and 10 pages (reply).

Discovery motions require prior approval before filing.

Discovery motions must quote disputed discovery requests and responses, and cannot file transcripts unless ordered.

Informal Discovery Dispute Letter Brief limited to 3 pages, filed 24 hours before conference, no attachments.

Settlement conferences require contacting Courtroom Deputy Patricia Apodaca and may require pre-conference calls.

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