Eastern District of California Document Filing Requirements

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Civil cases

Applies to

Notice of motion

Must include

certificate of conference ?

The notice of motion shall contain a certification by counsel filing the motion that meet and confer efforts have been exhausted, with a very brief summary of meet and confer efforts.

Summary: The notice of motion must include a certification that meet and confer efforts have been exhausted, with a very brief summary of those efforts.

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Civil cases

Applies to

Motion or stipulation ?

Must include

proposed order

The parties need not submit proposed orders for motions to dismiss or motions for summary judgment unless the court specifically orders otherwise. However, as to all other motions and stipulations, the parties SHALL submit proposed consent decrees and/or proposed findings of fact, where such documents are relevant.

Summary: Proposed orders are not required for motions to dismiss or summary judgment unless ordered otherwise, but must be submitted (as proposed consent decrees and/or proposed findings of fact, where relevant) for all other motions and stipulations.

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Civil cases

Applies to

Ex parte application ?

The application must indicate whether an opposition will be filed.

Summary: Ex parte applications must indicate whether an opposition will be filed.

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Civil cases

Applies to

Ex parte application ?

The filer shall include an affidavit indicating a satisfactory explanation for the following: (1) the need for the issuance of such an order, (2) the inability of the filer to obtain a stipulation for the issuance of such an order from other counsel or parties in the action, and (3) why such request cannot be noticed on the court’s motion calendar as provided by Local Rule 230.

Summary: Ex parte applications must include an affidavit satisfactorily explaining the need for the order, the inability to obtain a stipulation from other counsel or parties, and why the request cannot be noticed on the motion calendar under Local Rule 230.

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Civil cases

Applies to

Motion for emergency relief ?

The moving party SHALL demonstrate in the moving papers that the emergency relief is timely. Local Rule 231(b).

Summary: Moving papers for emergency or provisional relief must demonstrate that the emergency relief is timely, per Local Rule 231(b).

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Civil cases

Applies to

Joint pretrial statement

The parties are required to submit a joint pretrial statement.

Summary: The parties must submit a joint pretrial statement.

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Applies to

Exhibits ?

Counsel are cautioned that if a document has any conceivable basis for admission, that document/item must be pre-marked and listed prior to trial.

Summary: Documents with any conceivable basis for admission must be pre-marked and listed before trial.

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Applies to

Exhibits

Court time may not be used for marking exhibits. Please do this in advance of the court session.

Summary: Exhibits must be marked in advance of the court session because court time may not be used for marking exhibits.

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Applies to

Exhibits

All documents/items referenced during the course of the trial must be identified and marked with an exhibit sticker, regardless of whether they are intended to be admitted at trial or not. This includes all documents/items used to impeach and/or refresh a witness’s recollection. Documents/items not intended to be admitted need not be pre-marked prior to trial, but once referred to during the course of the trial, must be identified and marked using the next exhibit number/letter in that party’s sequential order.

Summary: Every document referenced at trial must be marked with an exhibit sticker using the party's next sequential number, including documents used for impeachment or to refresh recollection, even if not intended for admission.

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Applies to

Notice of motion

Must include

certificate of conference ?

In the notice of motion, counsel for the moving party shall certify that meet and confer efforts have been exhausted and include a summary of meet and confer efforts.

Summary: The notice of motion must certify that meet and confer efforts have been exhausted and include a summary of those efforts.

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Applies to

Brief

Any brief exceeding 15 pages shall include a table of contents and a table of authorities.

Summary: Briefs exceeding 15 pages must include a table of contents and a table of authorities.

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Applies to

Settlement conference statement

Confidential Settlement Conference Statements are MANDATORY from each party, and must comply with the Court's Order re Settlement Conference.

Summary: Each party must submit a confidential settlement conference statement that complies with the Court's Order re Settlement Conference.

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Applies to

Proposed order ?

Pursuant to Local Rule 131(c), the documents should include the attorneys= electronic signatures (i.e. /s/First/Last Name), as well as the date the document was signed.

Summary: Proposed orders and stipulations submitted to chambers must include the attorney's electronic signature in the form /s/First/Last Name along with the date signed.

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Applies to

Protective order

Parties are instructed to use the Court's Model Protective Orders available on Judge Guy Castillo's website.

Summary: Parties must use the Court's Model Protective Orders available on Judge Guy Castillo's website.

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Applies to

Protective order

If the parties intend to deviate from the Model Protective Orders, the parties are instructed to provide the Court with a redlined version of proposed changes against the Model Protective Order.

Summary: Parties deviating from the Model Protective Orders must provide the Court with a redlined version of the proposed changes against the Model Protective Order.

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Applies to

Corporate disclosure statement

All parties in a civil action shall adhere to Judge Shubb's order setting the Initial Scheduling Conference, which REQUIRES that a nongovernmental corporate party has the obligation to file a corporate disclosure statement WITH ANY FIRST APPEARANCE, pleading, petition, motion, response or other requests addressed to the court, pursuant to Federal Rule of Civil Procedure 7.1. Failure to comply with this requirement may result in sanctions being ordered against any nongovernmental corporate party that did not submit its corporate disclosures.

Summary: Nongovernmental corporate parties must file a corporate disclosure statement with any first appearance, pleading, petition, motion, response, or other request, and failure to comply may result in sanctions.

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Applies to

Motion to withdraw as counsel ?

Motions for Leave to Withdraw as Counsel of Record: Counsel shall refer to Local Rule 182(d). The client is required to be present at the hearing, and counsel shall also file a declaration stating the efforts made to notify the client of the motion to withdraw, and their required attendance.

Summary: Motions to withdraw as counsel must follow Local Rule 182(d), require the client's presence at the hearing, and include a declaration describing efforts to notify the client of the motion and the required attendance.

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Applies to

Powerpoint request ?

Must include

proposed order

PowerPoint Presentations (During Oral Argument): Counsel are required to submit a written request and proposed order seeking leave to present a PowerPoint presentation during oral argument well in advance of the scheduled motion hearing, along with copies of the presentation slides. Once the court grants this request, counsel will then be allowed to bring in the electronic equipment and presentation.

Summary: Counsel must submit a written request and proposed order, along with copies of the presentation slides, well in advance of the hearing to obtain leave to present a PowerPoint during oral argument.

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Applies to

Large quantity documents not efiled ?

Any large quantity documents (i.e. exhibits, audio/video clips, deposition transcripts, etc.) not e-filed through CM/ECF require the separate e-filing of a "Notice of Lodging With the Court" indicating the manner in which they were submitted (i.e. "Box" app, flashdrive, CD, DVD, hard copy).

Summary: Large quantity documents not e-filed through CM/ECF require a separately e-filed Notice of Lodging With the Court stating the submission method.

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Applies to

Large quantity documents

In addition, the parties shall e-file a "Notice of Lodging" (as a separate docket entry) of the Administrative Record, any other large quantity document, audios or videos indicating what has been lodged with the court, a description of its contents (i.e. files, deposition transcripts, folders, etc.), along with an index.

Summary: Parties must e-file a Notice of Lodging as a separate docket entry describing what was lodged and its contents, along with an index.

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Applies to

Request for early settlement conference ?

Must include

proposed order

If counsel desire to request a date for the settlement conference to be held prior to the date of the pretrial conference, counsel are required to first contact the courtroom deputy for further instruction. Thereafter, Judge Shubb will require the parties to submit a stipulation and proposed order for any requests for an early settlement conference.

Summary: Requests for an early settlement conference require counsel to first contact the courtroom deputy for instruction and then submit a stipulation and proposed order.

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Applies to

Joint status report

pursuant to Judge Shubb's revised Standing Order, the parties shall include a statement in their Joint Status Report advising whether they prefer to appear at a scheduling conference or are satisfied to have the court issue a Status (Pretrial Scheduling) Order based on their Joint Status Report.

Summary: The Joint Status Report must include a statement of whether the parties prefer to appear at a scheduling conference or are satisfied to have the court issue a Status (Pretrial Scheduling) Order based on the report.

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Applies to

Ex parte application ?

In addition, the document(s) must indicate whether or not an opposition will be filed.

Summary: Ex parte application documents must state whether or not an opposition will be filed.

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Applies to

Ex parte application ?

The filer shall include an affidavit indicating a satisfactory explanation for the following: 1) the need for the issuance of such an order; 2) the failure of the filer to obtain a stipulation for the issuance of such an order from other counsel or parties in the action, 3) why such request cannot be noticed on the court's motion calendar pursuant to Local Rule 230, and 4) If a TRO, the filer shall notify the court of any attempts made to notify the opposing party of such filing.

Summary: Ex parte applications must include an affidavit explaining the need for the order, the failure to obtain a stipulation, why the request cannot be noticed under Local Rule 230, and (for TROs) any attempts to notify the opposing party.

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Applies to

Notice of settlement

Counsel are required to notify the courtroom deputy once an action has settled, and thereafter, immediately file a Notice of Settlement pursuant to Local Rule 160, which shall include a timeframe for when the disposition documents (stipulated dismissal) will be filed.

Summary: Upon settlement, counsel must notify the courtroom deputy and immediately file a Notice of Settlement under Local Rule 160 that includes a timeframe for filing the disposition documents.

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Applies to

Notice of settlement

If any motions are pending at the time of the filing of the notice of settlement, counsel shall include language in the notice of settlement withdrawing the motion(s).

Summary: The Notice of Settlement must include language withdrawing any motions pending at the time of filing.

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Applies to

Waiver of defendants presence request ?

Must include

proposed order

Effective immediately, Judge Shubb now requires that this request be submitted with a proposed order for his approval. Counsel shall e-file the document and proposed order as a request, to include the defendant and the attorney's signature.

Summary: Requests to waive the defendant's presence at a hearing must be submitted with a proposed order for Judge Shubb's approval and must include both the defendant's and the attorney's signatures.

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Applies to

Criminal trial subpoena request ?

Must include

proposed order

Counsel shall refer to Federal Rule 17 regarding the requests for issuance of criminal trial subpoenas. Such requests and proposed order shall be submitted in Microsoft Word to the attention of Senior Judge William B. Shubb at his email as follows: WBSorders@caed.uscourts.gov.

Summary: Criminal trial subpoena requests governed by Federal Rule 17 must be accompanied by a proposed order and submitted to Judge Shubb's chambers email.

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Applies to

Open plea memorandum ?

As required by Judge Shubb, the government or defendant is to file a memorandum that discusses what the defendant intends to plea to, the factual basis, the maximum sentence, any fines and penalties, the sentencing guidelines, elements of the offense (items that are usually included in a plea agreement).

Summary: For open pleas without a plea agreement, the government or defendant must file a memorandum covering the charge to which the defendant will plead, the factual basis, maximum sentence, fines and penalties, sentencing guidelines, and elements of the offense.

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Applies to

Exhibits

All exhibits must be brought to court for use during trial, and for Court Findings or jury deliberations.

Summary: All exhibits must be brought to court for use during trial, for Court Findings, or for jury deliberations.

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Applies to

Deposition transcript

Deposition Transcripts (Civil Cases): Counsel shall lodge any certified transcripts with the courtroom deputy on the first day of trial.

Summary: In civil cases, certified deposition transcripts must be lodged with the courtroom deputy on the first day of trial.

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Applies to

Exhibits

Any exhibit not previously marked for identification should first be handed to the Courtroom Clerk to be marked before it is tendered to a witness for examination or placed on a viewing screen.

Summary: Unmarked exhibits must first be given to the Courtroom Clerk for marking before being tendered to a witness or displayed on a viewing screen.

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Applies to

Exhibits ?

If you intend to question a witness about a group of documents, please place all the documents in the group before the witness (in the witness trial binder) prior to commencing the examination.

Summary: All documents in a group intended for witness examination must be placed in the witness trial binder before the examination begins.

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Applies to

Deposition transcript excerpts ?

Please offer only relevant, redacted portions of a deposition transcript in accordance with Rule 32 of the Federal Rules of Civil Procedure.

Summary: Only relevant, redacted portions of deposition transcripts may be offered at trial, in accordance with FRCP 32.

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Applies to

Joint scheduling conference report ?

Parties are directed to use the template of the joint scheduling report, which is available on Judge Guy Castillo's website under the heading "Case Management."

Summary: Parties must use the joint scheduling report template available on Judge Guy Castillo's website under the 'Case Management' heading.

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Applies to

Proposed order ?

Pursuant to Local Rule 131(c), the document should include the attorneys' electronic signature(s) (i.e. /s/ First/Last name), as well as the date the document was signed.

Summary: Proposed orders must include the attorneys' electronic signatures (/s/ First/Last name) and the date the document was signed per Local Rule 131(c).

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Applies to

Exhibit list

See sample of requested exhibit list format below: EXH DESCRIPTION IDENTIFIED ADMITTED

Summary: Exhibit lists must follow the requested sample format with columns for exhibit number, description, identified, and admitted.

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Applies to

Stipulation

Must include

proposed order

Please note that the Court would prefer the submission of stipulations and proposed orders on any matters that can be handled without an in-court hearing (i.e. request for the setting of further status conferences, requests for continuances of pending matters, or the setting of trial confirmation hearings and trial dates).

Summary: The Court prefers that parties submit stipulations with proposed orders for matters that can be resolved without an in-court hearing, such as setting status conferences, continuances, and trial confirmation dates.

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Applies to

Trial scheduling ?

Trial Hours: Counsel are advised that the court will discuss trial hours, morning and afternoon breaks, trial days and timeframes with counsel on the first day of trial or at the pretrial conference (civil cases) or trial confirmation hearing (criminal cases).

Summary: Trial hours, breaks, trial days, and timeframes will be set with counsel at the first day of trial, pretrial conference (civil), or trial confirmation hearing (criminal).

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Civil cases

Applies to

Supplemental brief

Must include

leave of court

Finally, no supplemental briefs shall be filed without prior leave of court.

Summary: Supplemental briefs require prior leave of court.

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Civil cases

Applies to

Notice of motion

Must include

certificate of meet and confer ?

A notice of motion shall contain a certification by counsel filing the motion that meet and confer efforts have been exhausted, with a very brief summary of meet and confer efforts.

Summary: Motion notice must include certification of exhausted meet and confer efforts with brief summary.

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Civil cases

Applies to

Ex parte application ?

Must include

certificate section ?

The filer shall include an affidavit indicating a satisfactory explanation for the following: (1) the need for the issuance of such an order, (2) the inability of the filer to obtain a stipulation for the issuance of such an order from other counsel provided by Local Rule 230.

Summary: Ex parte applications require affidavit explaining need and inability to obtain stipulation.

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Civil cases

Applies to

Administrative relief motion ?

Must include

proposed order

The parties are required to comply with Local Rule 233 when filing miscellaneous administrative matters. As stated in that rule, such matters may include 'motions to exceed applicable page limitations; requests to shorten time on a motion; requests to extend a response deadline; requests to alter a briefing schedule; or requests to alter a discovery schedule that does not affect dispositive motion filing dates, trial dates, or the final pre-trial conference.' See L.R. 233. Parties shall comply will all procedural requirements set forth in Local Rule 233, including that a motion for administrative relief be accompanied by a proposed order. L.R. 233(a).

Summary: Administrative relief motions require compliance with L.R. 233 and proposed order.

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Civil cases

Applies to

Joint pretrial statement

Must include

notice of electronic filing ?

The parties’ Joint Pretrial Statement must be filed seven days before the date set for the Final Pretrial Conference and must also be e-mailed as a Word document to: dadorders@caed.uscourts.gov.

Summary: Joint Pretrial Statement must be filed 7 days before Final Pretrial Conference and emailed as Word doc.

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Civil cases

Applies to

Standing order ?

Must include

certificate of service ?

Counsel for plaintiff shall immediately serve this order on all parties, including any new parties added to the action in the future, unless this case came to the court by noticed removal, in which case defendant shall serve this order on all other parties.

Summary: Plaintiff must serve this order on all parties unless case came by removal, then defendant serves.

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Civil cases

Applies to

Notice of motion

Must include

certificate of conference ?

A notice of motion shall contain a certification by counsel filing the motion that meet and confer efforts have been exhausted, with a very brief summary of meet and confer efforts.

Summary: Notice of motion must include a certification that meet and confer efforts are exhausted, plus a brief summary of those efforts.

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Civil cases

Applies to

Motion

The parties are not required to submit proposed orders with civil motions set for hearing before Judge Drozd, with the exception that proposed orders shall be submitted with motions for a temporary restraining order and motions for a preliminary injunction.

Summary: Proposed orders are not required for most civil motions, but are mandatory for TRO and preliminary injunction motions.

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Civil cases

Applies to

Motion

Must include

proposed order

with the exception that proposed orders shall be submitted with motions for a temporary restraining order and motions for a preliminary injunction.

Summary: Proposed orders must be submitted with motions for temporary restraining orders and preliminary injunctions.

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Civil cases

Applies to

Ex parte application ?

In addition, the document(s) must indicate whether or not an opposition will be filed. The filer shall include an affidavit indicating a satisfactory explanation for the following: (1) the need for the issuance of such an order, (2) the inability of the filer to obtain a stipulation for the issuance of such an order from other counsel or parties in the action, and (3) why such request cannot be noticed on the court's motion calendar as provided by Local Rule 230.

Summary: Ex parte applications must indicate if an opposition will be filed and include an affidavit explaining the need for the order, inability to obtain a stipulation, and why the request was not noticed on the motion calendar per Local Rule 230.

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Civil cases

Applies to

Motion for administrative relief

Must include

proposed order

including that a motion for administrative relief be accompanied by a proposed order. L.R. 233(a).

Summary: Motions for administrative relief must be accompanied by a proposed order as required by Local Rule 233(a).

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Civil cases

Applies to

Joint pretrial statement

In those cases in which Judge Drozd is conducting the Final Pretrial Conference, the parties are required to submit a Joint Pretrial Statement pursuant to Local Rule 281. The parties’ Joint Pretrial Statement must be filed seven days before the date set for the Final Pretrial Conference and must also be e-mailed as a Word document to: dadorders@caed.uscourts.gov. Separate pretrial statements are not permitted unless a party is not represented by counsel. The Joint Pretrial statement must cover all topics detailed in Local Rule 281 with the following clarifications: i. the parties must include a neutral joint statement of case; ii. all duplicative or overlapping exhibits between parties must be listed as joint exhibits on a separate joint exhibit list, identified as JX−1, JX−2, etc.; iii. plaintiff’s exhibits shall be listed numerically, and defendant’s exhibits shall be listed alphabetically; iv. all exhibits must be identified with a reasonable amount of detail (e.g., date, Bates-stamp number, description, estimated page length) so that there is no confusion as to what exhibit is identified; v. all remaining issues (e.g., claims, affirmative defenses, forms of relief) asserted in the action must be stated under the points of law section or identified as an abandoned issue; and vi. motions in limine listed should be limited to those which the parties reasonably anticipate filing.

Summary: Joint Pretrial Statements (per Local Rule 281) must be filed 7 days before Final Pretrial Conference, include required content clarifications, and prohibit separate statements unless party is pro se.

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Civil cases

Applies to

Order

Must include

certificate of service ?

Counsel for plaintiff shall immediately serve this order on all parties, including any new parties added to the action in the future, unless this case came to the court by noticed removal, in which case defendant shall serve this order on all other parties.

Summary: Plaintiff's counsel must immediately serve this order on all parties (or defendant if case is noticed removal), including newly added parties.

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Civil cases

Applies to

Notice of motion

Must include

certificate of conference ?

A notice of motion shall contain a certification by counsel filing the motion that meet and confer efforts have been exhausted, with a very brief summary of meet and confer efforts.

Summary: Motion notice must include certification that meet and confer efforts were exhausted with brief summary.

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Civil cases

Applies to

Bench trial

Must include

proposed order

In addition, parties shall provide proposed consent decrees where applicable, and proposed findings of fact and conclusions of law following a bench trial. Any such required proposed order shall be submitted in compliance with Local Rule 137(b) and e-mailed in Microsoft Word format to DJCorders@caed.uscourts.gov.

Summary: Proposed consent decrees and findings/conclusions required after bench trial, emailed in Word format.

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Civil cases

Applies to

Joint pretrial statement

Must include

local rule certificate ?

The parties are required to submit a Joint Pretrial Statement pursuant to Local Rule 281. The parties’ Joint Pretrial Statement must be filed seven (7) days before the date set for the Final Pretrial Conference and must also be emailed as a Word document to: DJCorders@caed.uscourts.gov. Separate pretrial statements are not permitted unless a party is not represented by counsel.

Summary: Joint Pretrial Statement required 7 days before final pretrial conference, emailed as Word doc.

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Civil cases

Applies to

Joint pretrial statement

The Joint Pretrial Statement must cover all topics detailed in Local Rule 281 with the following clarifications: (1) the parties must include a neutral joint statement of case; (2) all duplicative or overlapping exhibits between parties must be listed as joint exhibits on a separate joint exhibit list, identified as JX−1, JX−2, etc.; (3) plaintiff’s exhibits shall be listed numerically, and defendant’s exhibits shall be listed alphabetically; (4) all exhibits must be identified with a reasonable amount of detail (e.g., date, Bates-stamp number, description, estimated page length) so that there is no confusion as to what exhibit is identified; (5) all remaining issues (e.g., claims, affirmative defenses, forms of relief) asserted in the action must be stated under the points of law section or identified as an abandoned issue; (6) motions in limine listed should be limited to those which the parties reasonably anticipate filing; and (7) the anticipated length of trial.

Summary: Joint Pretrial Statement must include neutral case statement, joint exhibits, detailed exhibit descriptions, and trial length.

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Civil cases

Applies to

Motion in limine

Must include

local rule certificate ?

The parties shall not file motions in limine prior to the pretrial conference.

Summary: Motions in limine prohibited before pretrial conference.

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Civil cases

Applies to

Civil case order

Must include

certificate of service ?

Concurrently with the service of process, or as soon thereafter as possible, plaintiff(s) shall serve upon each of the parties named herein, and upon all parties subsequently joined, a copy of all new civil case orders issued, and shall file with the Clerk a certificate reflecting such service.

Summary: Plaintiff must serve copies of new civil case orders and file certificate of service.

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Civil cases

Applies to

Civil case order

Must include

certificate of service ?

In the event this action was originally filed in a state court and was thereafter removed to this court, the removing party or parties shall, immediately following such removal, serve upon each of the other parties named herein, and upon all parties subsequently joined, a copy of all new civil case orders issued, and shall file with the Clerk a certificate reflecting such service.

Summary: Removing party must serve new civil case orders and file certificate after removal.

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Civil cases

Applies to

Corporate disclosure statement

Must include

motion, petition, pleading +3 more ?

All non-governmental corporate parties or intervenors must file a corporate disclosure statement on initial appearance, pleading, petition, motion, response, or other request addressed to the court, as required by Fed. R. Civ. P. 7.1(a)(1).

Summary: Corporate parties must file disclosure statement on initial appearance or filing.

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Civil cases

Applies to

Disclosure statement

Must include

motion, petition, pleading +3 more ?

In actions where jurisdiction is based under 28 U.S.C. § 1332(a), all parties and intervenors must file a disclosure statement on initial appearance, pleading, petition, motion, response, or other request addressed to the court, as required by Fed. R. Civ. P. 7.1(a)(2).

Summary: Diversity jurisdiction parties must file disclosure statement on initial appearance or filing.

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Criminal cases

Applies to

Motion ?

Finally, no supplemental briefs or sur-replies shall be filed and will not be considered without prior leave of court.

Summary: Supplemental briefs and sur-replies prohibited without prior leave of court.

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Criminal cases

Applies to

Pretrial motion

Pretrial motions must be filed in writing not less than 14 days before the date the motion is noticed for hearing.

Summary: Pretrial motions must be filed at least 14 days before hearing date.

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Criminal cases

Applies to

Opposition

Any opposition to a noticed motion shall be served and filed within seven days after the motion is filed.

Summary: Opposition to motions must be filed within 7 days after motion filing.

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Criminal cases

Applies to

Statement of non opposition

Must include

statement of non opposition

If a party does not oppose a noticed motion, a party must file a statement of non-opposition to that effect.

Summary: Non-opposition to motions requires filing a statement of non-opposition.

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Criminal cases

Applies to

Reply

Any reply shall be served and filed not more than four days after the opposition is due.

Summary: Replies must be filed within 4 days after opposition deadline.

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Criminal cases

Applies to

Opposition

Must include

timely filing required for oral argument ?

No party will be entitled to be heard in opposition to a motion at oral argument if that party has not timely filed an opposition to the motion.

Summary: Parties must file timely opposition to be heard at oral argument.

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Criminal cases

Applies to

Motion

All motions for early termination of supervised release shall state the positions of Probation, the Defendant, and the United States.

Summary: Motions for early termination of supervised release must include positions of all parties.

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Criminal cases

Applies to

Proposed order

If the Court grants a motion for early termination of supervised release filed by the Defendant, the Defendant shall, within five days, file a proposed order that has been approved by Probation as to form.

Summary: If early termination motion is granted, defendant must file Probation-approved proposed order within 5 days.

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Civil cases

Applies to

Statement of undisputed facts

Upon filing a motion for summary judgment, the parties shall carefully read Local Rule 260. The moving party shall include a Statement of Undisputed Facts with their motion.

Summary: Moving parties must include a Statement of Undisputed Facts with their motion for summary judgment.

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Civil cases

Applies to

Statement of disputed facts

The non-moving party shall reproduce and respond to the moving party’s Statement of Undisputed Facts. The non-moving party may also file a concise Statement of Disputed Facts.

Summary: Non-moving parties must reproduce and respond to the moving party's Statement of Undisputed Facts and may file a concise Statement of Disputed Facts.

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Civil cases

Applies to

Notice of motion

Must include

certificate of conference ?

A notice of motion shall contain a certification by counsel filing the motion that meet and confer efforts have been exhausted, with a very brief summary of meet and confer

Summary: Notice of motion must include a certification that meet and confer efforts are exhausted, with a brief summary.

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Civil cases

Applies to

Pretrial statement

Separate pretrial statements are not permitted unless a party is not represented by counsel.

Summary: Separate pretrial statements prohibited unless party is pro se; must submit Joint Pretrial Statement.

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Civil cases

Applies to

Response to statement of disputed facts ?

The moving party shall reproduce and respond to the non-moving party’s Statement of Disputed Facts, but the moving party may not file a reply to the non-moving party’s response to the Statement of Undisputed Facts.

Summary: Moving parties must reproduce and respond to the non-moving party's Statement of Disputed Facts and may not reply to the non-moving party's response to the Statement of Undisputed Facts.

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Civil cases

Applies to

Motion

The parties are not required to submit proposed orders with civil motions set for hearing before Judge Calabretta, with the exception that proposed orders shall be submitted with motions for a temporary restraining order and motions for a preliminary injunction. In addition, parties shall provide proposed consent decrees where applicable, and proposed findings of fact and conclusions of law following a bench trial.

Summary: Proposed orders are required for TRO and preliminary injunction motions before Judge Calabretta, optional for other civil motions; proposed consent decrees and post-bench trial findings are also required where applicable.

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Civil cases

Applies to

Ex parte application ?

In addition, the document(s) must indicate whether an opposition will be filed.

Summary: Ex parte applications must indicate whether an opposition will be filed.

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Civil cases

Applies to

Ex parte application ?

The filer shall include an affidavit indicating a satisfactory explanation for the following: (1) the need for the issuance of such an order, (2) the inability of the filer to obtain a stipulation for the issuance of such an order from other counsel or parties in the action, and (3) why such request cannot be noticed on the Court’s civil law and motion calendar as provided by Local Rule 230.

Summary: Ex parte applications must include an affidavit explaining the need for the order, inability to obtain stipulation, and why the request cannot be noticed per Local Rule 230.

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Criminal cases

Applies to

Motion

Must include

proposed order

The parties may submit proposed orders with criminal motions set for hearing before Judge Coggins. If a proposed order is required under relevant authority (such as orders granting early termination of supervised release, see Section IV), it shall be submitted in compliance with Local Rule 137(b) and emailed in Microsoft Word format to DCorders@caed.uscourts.gov.

Summary: Proposed orders required for certain motions; email in Word format to DCorders@caed.uscourts.gov.

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Criminal cases

Applies to

Supplemental brief

Must include

prior leave of court

The court will not consider supplemental briefs or sur-replies absent prior leave of court.

Summary: Supplemental briefs and sur-replies require prior leave of court.

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Criminal cases

Applies to

Motion for early termination of supervised release

Must include

positions of defendant, positions of probation, positions of government ?

All motions for early termination of supervised release shall state the positions of Probation, the Defendant, and the Government. If the court grants a motion for early termination of supervised release filed by the Defendant, the Defendant shall, within five (5) days, file a proposed order that has been approved by Probation as to form for the court’s review.

Summary: Motions for early termination of supervised release must state positions of all parties; defendant must file approved proposed order within 5 days if granted.

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Criminal cases

Applies to

Sentencing memorandum

Must include

government intent to seek immediate remand ?

If the Government intends to seek the immediate remand of a Defendant who is out-of-custody at the time of sentencing, the Government must state as such in their sentencing memorandum.

Summary: Government must state intent to seek immediate remand in sentencing memorandum if defendant is out-of-custody.

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Civil cases

Applies to

Notice of motion

Must include

certificate of conference ?

A notice of motion shall contain a certification by counsel filing the motion that meet and confer efforts have been exhausted, with a brief summary of the parties’ meet and confer efforts.

Summary: Motion notices must include meet-and-confer certification with summary of efforts.

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Civil cases

Applies to

Administrative motion ?

Must include

local rule certificate ?

A party filing a motion relating to administrative matters that require a court order, such as requests to exceed applicable page limitations, requests to shorten time on a motion, requests to extend a response deadline, requests to alter a briefing schedule, or requests to alter a discovery schedule that does not affect dispositive motion filing dates, trial dates, or the final pretrial conference, shall comply with Local Rule 233.

Summary: Administrative motions must comply with Local Rule 233.

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Civil cases

Applies to

Motion

Must include

proposed order

Proposed orders are not necessary for most substantive motions, such as motions for summary judgment or motions to dismiss. The parties should submit proposed orders only in connection with administrative motions, ex parte applications, and rulings that call upon the court to make factual findings (such as a motion to approve a class settlement or a motion for attorneys' fees). Parties are required to submit proposed orders with motions for temporary restraining order and motions for a preliminary injunction.

Summary: Proposed orders required for administrative motions, ex parte applications, TROs, preliminary injunctions, and certain rulings.

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Civil cases

Applies to

Amended pleading

Must include

redlined version ?

If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Summary: Redlined or highlighted version required with amended pleadings.

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Civil cases

Applies to

Expert designation ?

Must include

expert name, expert report, expert address +1 more ?

All counsel must designate in writing and serve upon all other parties the name, address, and area of expertise of each expert they propose to tender at trial, according to the schedule set forth in the Scheduling Order. A written report prepared and signed by the witness shall accompany the designation. The report shall comply with Federal Rule of Civil Procedure

Summary: Expert designation and report required according to scheduling order.

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Civil cases

Applies to

Joint pretrial statement

Must include

witness and exhibit lists

The joint pretrial statement and witness and exhibit lists must also be emailed as a Microsoft Word document to: DCorders@caed.uscourts.gov.

Summary: Joint pretrial statement and witness/exhibit lists must be emailed as Word documents to DCorders@caed.uscourts.gov.

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Civil cases

Applies to

Joint pretrial statement

The joint pretrial statement must address all issues detailed in Local Rule 281 with the following clarifications:

Summary: Joint pretrial statement must address all issues in Local Rule 281 with specific clarifications.

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Civil cases

Applies to

Joint pretrial statement ?

(1) the parties must include a neutral joint statement of case;

Summary: Joint pretrial statement must include a neutral joint statement of case.

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Civil cases

Applies to

Joint pretrial statement ?

(2) all duplicative or overlapping exhibits between parties must be listed as joint

Summary: Duplicative or overlapping exhibits between parties must be listed as joint exhibits.

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Civil cases

Applies to

Pretrial conference

Must include

attorney appearance ?

Counsel are required to personally appear at the final pretrial conference. Counsel are also reminded that pursuant to Federal Rule of Civil Procedure 16(e), at least one attorney who will conduct the trial for each party must appear at the final pretrial conference.

Summary: Counsel must personally appear at the final pretrial conference.

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Civil cases

Applies to

Motion

The parties are not required to submit proposed orders with civil motions set for hearing before Judge Sherriff, with the exception that proposed orders shall be submitted with motions for a temporary restraining order and motions for a preliminary injunction. In addition, parties seeking a consent decree shall provide a proposed consent decree, and parties shall submit proposed findings of fact and conclusions of law following a bench trial. Any such required proposed order shall be submitted in compliance with Local Rule 137(b) and emailed in Microsoft Word format to kesorders@caed.uscourts.gov.

Summary: Proposed orders required only for TROs, preliminary injunctions, consent decrees, and bench trial findings.

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Civil cases

Applies to

Ex parte application

Must include

affidavit

Ex parte applications are typically taken under submission by the Court without oral argument, unless otherwise notified. The filer is required to contact the courtroom deputy and the opposing party prior to the filing of the ex parte application to advise that such an application is being made. In addition, the document(s) must indicate whether an opposition will be filed. The filer shall include an affidavit indicating a satisfactory explanation for the following: (1) the need for the issuance of such an order, (2) the inability of the filer to obtain a stipulation for the issuance of such an order from other counsel or parties in the action, and (3) why such request cannot be noticed on the Court’s civil law and motion calendar as provided by Local Rule 230.

Summary: Ex parte applications require affidavit explaining need, inability to obtain stipulation, and why not on regular calendar.

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Civil cases

Applies to

Administrative relief motion ?

Must include

proposed order

The parties are required to comply with Local Rule 233 when filing miscellaneous administrative matters. As stated in the rule, such matters may include motions to exceed applicable page limitations, requests to shorten time on a motion, requests to extend a response deadline, and requests to alter a briefing schedule. See L.R. 233. Parties shall comply with all procedural requirements set forth in Local Rule 233, including that a motion for administrative relief be accompanied by a proposed order. L.R. 233(a).

Summary: Administrative relief motions require compliance with Local Rule 233 and proposed order.

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Applies to

Joint statement

Must include

judge name, case number ?

Judge Claire strictly enforces the deadline for filing Joint Statements. Any motion will be removed from calendar if the Joint Statement is not filed at least fourteen (14) days before the scheduled hearing date.

Summary: Joint Statements must be filed at least 14 days before hearing or motion will be removed from calendar.

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Applies to

Joint statement

As required by Local Rule 251(c), the Joint Statement must include in a single document all argument and briefing related to the respective positions of the parties, and must reproduce in full each discovery request objected to and each objection. Any exhibits, including declarations, should be electronically filed as attachments to the Joint Statement, not as separate docket entries.

Summary: Joint Statement must include all arguments, objections, and exhibits as attachments.

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Applies to

Joint statement

Judge Claire strictly enforces meet and confer requirements. Written correspondence between the parties, including email, is insufficient to satisfy the parties' meet and confer obligations under Local Rule 251(b). Prior to the filing of a Joint Statement, the parties must confer in person or via telephone or video conferencing in an attempt to resolve the dispute.

Summary: Meet and confer must be in person, by phone, or video - email is insufficient.

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Applies to

Settlement conference statement

Must include

certificate of service ?

Confidential Settlement Conference Statements are mandatory from each party and must be submitted to Judge Claire’s chambers at least seven (7) calendar days prior to the Settlement Conference. Electronic submission may be made to acorders@caed.uscourts.gov. If Statements are not timely filed, the settlement conference will be vacated.

Summary: Settlement conference statements required 7 days before conference; late filings result in cancellation.

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Applies to

Waiver of appearance

Must include

judge name, case number ?

WAIVERS OF APPEARANCE BY DEFENDANTS: Judge Claire will not accept routine waivers of appearance that extend by their terms to trial, judgment and/or sentencing.

Summary: Judge Claire will not accept routine waivers extending to trial, judgment, or sentencing.

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Applies to

Proposed order

Must include

date signed, electronic signature ?

PROPOSED ORDERS: As required by the Local Rules, counsel shall submit via email to acorders@caed.uscourts.gov, the proposed order accompanying any application, request, stipulation or motion, in Microsoft Word format. Pursuant to Local Rule 131 (c), the document must include the attorneys' electronic signature(s) (i.e. /s/ First/Last name), as well as the date the document was signed.

Summary: Proposed orders must be emailed in Word format with electronic signatures.

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Applies to

Joint letter brief ?

Must include

meet and confer explanation ?

At least 24 hours before the telephonic conference, unless a different deadline is set in the minute order, the parties shall file a joint letter briefly explaining what meet and confer efforts they have undertaken and providing a synopsis of the discovery dispute.

Summary: Joint letter must be filed at least 24 hours before telephonic conference.

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Applies to

Availability notice ?

The prospective moving party, after having conferred with the opposing party and secured agreement to pursue informal resolution, shall advise the court of the dates and times in the next 3-14 days when all concerned parties are available for a telephonic conference.

Summary: Parties must provide availability for telephonic conference within 3-14 days.

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Applies to

Contact information ?

Must include

landline numbers

The parties shall promptly provide the courtroom deputy with landline numbers where they can be reached at the time of the telephonic conference.

Summary: Parties must provide landline numbers for telephonic conference.

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Civil cases

Applies to

Brief ?

Any briefing exceeding 10 pages shall include a table of contents and a table of authorities.

Summary: Briefs over 10 pages require table of contents and table of authorities.

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Applies to

Proposed order

Must include

date signed, electronic signature ?

Format

WORD_PERFECT

Proposed Orders: As required by the local rules, counsel shall submit via email, to ckdorders@caed.uscourts.gov, the proposed order accompanying any application, request, stipulation or motion in either Word Perfect or Microsoft Word format. Pursuant to Local Rule 131 (c), the document should include the attorneys' electronic signature(s) (i.e. /s/ First/Last name), as well as the date the document was signed.

Summary: Proposed orders must be emailed in Word Perfect or Word format with electronic signatures.

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Applies to

Notice of submission

Must include

notice of electronic filing ?

Additionally, each party shall file a Notice of Submission of Confidential Settlement Conference Statement on the public docket (See L.R. 270 (d)).

Summary: Each party must file a Notice of Submission of Confidential Settlement Conference Statement on the public docket.

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Applies to

Settlement conference

The attorneys who will try the case and parties with full and complete settlement authority are required to personally attend the settlement conference.

Summary: Trial counsel and parties with full settlement authority must personally attend the settlement conference.

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Applies to

Settlement conference ?

An insured party shall appear by a representative of the insurer who is authorized to negotiate, and who has authority to settle the matter up to the limits of the opposing parties' existing settlement demand.

Summary: Insured parties must appear by an insurer representative with authority to negotiate and settle up to the opposing party's demand.

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Applies to

Settlement conference ?

An uninsured corporate party shall appear by a representative authorized to negotiate, and who has authority to settle the matter up to the amount of the opposing parties' existing settlement demand or offer.

Summary: Uninsured corporate parties must appear by a representative with authority to negotiate and settle up to the opposing party's demand or offer.

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Civil cases

Applies to

Jury selection request ?

Must include

written request ?

The jury will consist of 9 jurors with no alternate jurors. Any request to deviate from this practice must be made in writing.

Summary: Jury will consist of 9 jurors with no alternates; written request required to deviate.

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Civil cases

Applies to

Peremptory challenges

Must include

peremptory challenges sheet required ?

Each side will be given 3 peremptory challenges, which will be made in writing on a peremptory challenges sheet. Peremptory challenges may be used as to any of the 15 potential jurors in the box. If there are two consecutive passes (e.g., pass by Plaintiffs and pass by Defendants), the jury will be empaneled.

Summary: Each side gets 3 peremptory challenges; jury empaneled after two consecutive passes.

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Civil cases

Applies to

Proposed jury instructions

Must include

joint filing, single document, objections included +4 more ?

Proposed jury instructions must be filed jointly in a single document and arranged in the order the parties propose the Court give the instructions. The document shall include a table of contents with page numbers at the beginning of the document. Where a party objects to an instruction, that instruction should be included in the proposed jury instructions with the opposing party’s objection noted. Along with the contested proposed instruction, the opposing party may provide a brief statement of the legal basis for its objection with citation to legal authority and propose an alternate jury instruction, as appropriate. At the time of filing, the parties shall also e-mail a copy of the proposed jury instructions as a Word document to cskorders@caed.uscourts.gov.

Summary: Joint filing of proposed jury instructions with TOC, objections noted, and Word copy emailed.

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Civil cases

Applies to

Illustrative aids

Must include

exhibit label, provided to court ?

Pursuant to Federal Rule of Evidence 107, illustrative aids a party may seek to use during trial must be marked with an exhibit label and provided to the Court. Illustrative aids that the Court allows a party to use during trial will be entered into the record.

Summary: Illustrative aids must be marked as exhibits and provided to Court; allowed aids entered into record.

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Civil cases

Applies to

Exhibits list

Must include

ai disclosure ?

Artificial Intelligence (AI) Generated Exhibits and Illustrative Aids: Parties must provide written pre-trial notice of AI generated exhibits and illustrative aids, and such exhibits must also be identified on the exhibit lists submitted by the parties as AI Generated.

Summary: AI-generated exhibits/illustrative aids require written pre-trial notice and must be identified as AI Generated on exhibit lists.

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Civil cases

Applies to

Trial procedures ?

Must include

availability requirement ?

For jury trials, during jury deliberations, trial counsel and pro se parties must be within 30 minutes of the courthouse to ensure that they can promptly return to the courthouse.

Summary: Trial counsel and pro se parties must be within 30 minutes of courthouse during jury deliberations.

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Civil cases

Applies to

Filing

Must include

exhibit

If a party makes reference to or cites a deposition in a filing or a settlement conference statement, the party must simultaneously attach as an exhibit only the excerpts of the relevant portion of the deposition transcript referenced or cited. Entire deposition transcripts should not be filed through CM/ECF. Under Local Rule 133(j), parties are required to submit a courtesy copy of the entire deposition transcript either as a hard copy to the Clerk of Court or as an electronic copy by email to chambers.

Summary: When citing depositions, only attach relevant excerpts as exhibits. Entire transcripts must be submitted as courtesy copies to clerk (hard copy) or chambers (email).

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Civil cases

Applies to

Deposition transcript

Must include

notice of electronic filing ?

this requirement by submitting the deposition transcript as an electronic copy only by email to CSKorders@caed.uscourts.gov. The email subject line must contain the case number, the words “deposition transcript,” and the last name of the deponent.

Summary: Deposition transcripts must be submitted electronically via email with specific subject line format.

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Criminal cases

Applies to

Release on own recognizance ?

Must include

certificate of service ?

A defendant released on his or her own recognizance pursuant to this standing order SHALL be required to agree to abide by the following six standard conditions:

Summary: Defendants released on own recognizance must agree to six standard conditions.

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Criminal cases

Applies to

Release on own recognizance ?

Must include

written agreement, certificate of service ?

The United States SHALL inform the defendant of, and obtain the defendant's written agreement to, these standard conditions at the time of release.

Summary: US must inform defendants of conditions and obtain written agreement at release.

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Civil cases

Applies to

Brief

Any brief exceeding 15 pages shall include a table of contents and a table of authorities.

Summary: Briefs exceeding 15 pages must include a table of contents and table of authorities.

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Civil cases

Applies to

Settlement conference statement

Must include

confidential

Confidential Settlement Conference Statements are MANDATORY from each party, and must comply with the Court's Order re Settlement Conference.

Summary: Settlement Conference Statements must be confidential and comply with the Court's Order re Settlement Conference.

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Civil cases

Applies to

Proposed order, stipulation ?

Pursuant to Local Rule 131(c), the documents should include the attorneys’ electronic signatures (i.e. /s/First/Last Name), as well as the date the document was signed.

Summary: Proposed orders and stipulations must include attorney electronic signatures (/s/First/Last Name) and the date of signing.

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Civil cases

Applies to

Scheduling conference report

A JOINT Scheduling Conference Report, carefully prepared and executed by all counsel, shall be electronically filed in full compliance with the requirements set forth in the Order setting Mandatory Scheduling Conference, one (1) full week prior to the Scheduling Conference, and a copy shall be e-mailed, in Microsoft Word format, to fjsorders@caed.uscourts.gov.

Summary: Joint Scheduling Conference Report must be electronically filed 1 week prior to the conference, with a Word-format email copy sent to fjsorders@caed.uscourts.gov.

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Civil cases

Applies to

Settlement conference statement

Confidential Settlement Conference Statements are mandatory for each party and must be submitted to Judge Singer’s chambers at least seven (7) calendar days prior to the Settlement Conference.

Summary: Confidential Settlement Conference Statements must be submitted to chambers 7 calendar days before the settlement conference.

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Civil cases

Applies to

Joint statement discovery disagreement ?

The discovery hearing may be dropped from the calendar without prejudice if the Joint Statement of Discovery Disagreement or an affidavit as required by Local Rule 251 is not filed at least fourteen (14) days before the scheduled hearing date.

Summary: Joint Statement of Discovery Disagreement or LR 251 affidavit must be filed 14 days prior to discovery hearing to avoid cancellation.

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Civil cases

Applies to

Proposed order ?

Pursuant to Local Rule 131(c), the documents should include the attorneys’ electronic signatures (i.e. /s/First/Last name), as well as the date the document was signed. Do not submit unsigned documents.

Summary: Proposed orders and stipulations must include attorney electronic signature (/s/First/Last name) and signing date; unsigned documents are rejected.

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Civil cases

Applies to

Brief ?

Any briefing exceeding 10 pages shall include a table of contents and a table of authorities.

Summary: Briefs exceeding 10 pages must include a table of contents and table of authorities.

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Civil cases

Applies to

Discovery motion ?

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.

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Civil cases

Applies to

Proposed order

Must include

date signed, electronic signature ?

In keeping with the Local Rules of the Eastern District, counsel must email to jdporders@caed.uscourts.gov all proposed orders, applications, requests, stipulations, etc., in Microsoft Word format. Per Local Rule 131(a)(c), the emailed document must include the attorney(s)' electronic signature(s) (i.e., "/s/ [Name]"), as well as the date signed. Include the case name and case number in the subject line of all emails.

Summary: Proposed orders, applications, requests, stipulations must be emailed in Word format with electronic signature and date.

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Applies to

Brief

Must include

page count ?

Pages that exceed the page limits, supplemental briefs, or sur-replies filed without prior leave of court will not be considered.

Summary: Documents exceeding page limits without leave will not be considered.

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Civil cases

Applies to

Brief

Any brief exceeding 15 pages shall include a table of contents and a table of authorities.

Summary: Briefs exceeding 15 pages must include a table of contents and table of authorities.

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Civil cases

Applies to

Proposed order, stipulation ?

Must include

signature block ?

Pursuant to Local Rule 131(c), the documents should include the attorneys’ electronic signatures (i.e. /s/First/Last Name), as well as the date the document was signed.

Summary: Proposed orders and stipulations must include attorney electronic signatures (/s/First/Last Name) and signing date.

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Applies to

Trial procedure ?

Objections are to be limited to stating "objection" and the basis for the objection ("Objection, leading") or the number of the Federal Rule of Evidence relied upon (e.g., "Objection, Rule 403"). Do not explain or argue the grounds for objections in the presence of the jury unless asked to do so by the Judge. "Speaking Objections" are not allowed and will be overruled.

Summary: Objections must be brief and limited to stating the objection and basis; no speaking objections allowed.

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Applies to

Trial procedure ?

Please address all remarks to the Judge, not opposing counsel, and refrain from making disparaging or acrimonious remarks toward opposing counsel or witnesses.

Summary: All remarks must be addressed to the Judge, not opposing counsel; no disparaging remarks allowed.

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Applies to

Trial procedure ?

Gum chewing and non-court related reading (such as newspapers or magazines) are prohibited while court is in session. Beepers, cellular telephones and other noise-making electronic equipment must also be placed on silent or turned off while Court is in session.

Summary: Gum chewing, non-court reading, and noise-making electronics prohibited during court sessions.

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Applies to

Trial procedure ?

Counsel shall not make motions (e.g., a motion for a mistrial) in the presence of the jury. Such matters may be raised at recess.

Summary: Motions (e.g., mistrial) must not be made in jury's presence; raise at recess instead.

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Applies to

Trial procedure ?

In opening statements and closing arguments to the jury, counsel shall not express counsel's own personal knowledge or personal opinion concerning any matter in dispute.

Summary: Counsel must not express personal knowledge or opinion in opening/closing arguments.

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Applies to

Trial procedure ?

Offers of, or requests for, a stipulation should be made privately, outside of the presence of the jury.

Summary: Stipulation offers/requests must be made privately, outside jury presence.

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Applies to

Trial procedure ?

Counsel shall not, in the jury's presence, refer to any matter, witness, exhibit, or testimony that has been excluded by an order granting a motion in limine, or to which an objection was sustained, and/or motion to strike has been granted.

Summary: Counsel must not refer to excluded evidence or testimony in jury's presence.

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Applies to

Trial procedure ?

Prior to the close of each business day, counsel shall provide opposing counsel with a list of witnesses counsel intends to call the next day.

Summary: Counsel must provide opposing counsel with next day's witness list before close of business.

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Applies to

Trial procedure ?

Professionalism and civility are mandatory in this courtroom.

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Civil cases

Applies to

Settlement conference statement

Must include

confidential

Confidential Settlement Conference Statements are MANDATORY from each party and must be submitted to Judge Boone's chambers at least seven (7) days prior to the Settlement Conference.

Summary: Confidential Settlement Conference Statements must be submitted 7 days before the Settlement Conference.

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Civil cases

Applies to

Joint statement re discovery disagreement ?

Any motion will be removed from calendar if the Joint Statement is not timely filed.

Summary: Failure to timely file Joint Statement results in removal of motion from calendar.

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Civil cases

Applies to

Letter brief

Failure to timely submit a letter brief will result in the informal conference being vacated and sanctions against any responsible parties.

Summary: Failure to timely submit letter brief results in vacated conference and sanctions.

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Civil cases

Applies to

Joint letter brief

Must include

certificate of conference ?

the Court will impose sanctions against any party who, after agreeing to participate in the informal discovery process, fails to meet and confer in good faith, fails to participate in drafting the joint letter brief in good faith, fails to timely file the letter brief, and/or fails to appear at the informal video-conference hearing.

Summary: Sanctions for failing to meet and confer in good faith, participate in joint letter brief, timely file, or appear at informal conference.

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Civil cases

Applies to

Request to seal

Must include

proposed order ?

The Request to Seal, a proposed sealing order (in word), and all documents covered by the request shall be emailed to saborders@caed.uscourts.gov.

Summary: Request to Seal must include a proposed sealing order in Word format.

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Civil cases

Applies to

Final trial witness list

Must include

judge name, case number ?

The parties may not call any witness that is not on their Final Trial Witness List unless (1) it is solely for impeachment or rebuttal purposes, (2) the parties stipulate, (3) additional witnesses are required in light of the Court’s ruling on a motion in limine, or (4) it is necessary to prevent “manifest injustice.”

Summary: Witnesses not on Final Trial Witness List may only be called for impeachment/rebuttal, stipulation, motion in limine ruling, or manifest injustice.

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Civil cases

Applies to

Exhibit list

Must include

judge name, case number ?

Four (4) weeks prior to trial, the parties shall exchange their proposed exhibits. No later than three (3) weeks before trial, the parties’ counsel shall meet and conduct an exhibit conference to pre-mark and examine trial exhibits and to prepare exhibit lists

Summary: Proposed exhibits must be exchanged 4 weeks before trial; exhibit conference must occur 3 weeks before trial.

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Civil cases

Applies to

Exhibit list

Must include

judge name, case number ?

One (1) week prior to trial, the parties must file their Exhibit List and submit their pre-marked exhibits in binders.

Summary: Exhibit List and pre-marked exhibits in binders must be filed 1 week before trial.

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Civil cases

Applies to

Trial brief

Must include

local rule certificate ?

One (1) week before trial, the parties shall file their trial briefs. The form and content of the trial brief must comply with Local Rule 285.

Summary: Trial briefs must be filed one week before trial and comply with Local Rule 285.

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Civil cases

Applies to

Jury instructions

Must include

joint proposed instructions ?

One (1) week prior to trial, the parties shall file their joint proposed jury instructions with the Court. However, prior to that filing, three (3) weeks before trial, the parties shall serve their proposed jury instructions on each another.

Summary: Joint proposed jury instructions must be filed one week before trial; individual instructions served three weeks before trial.

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Civil cases

Applies to

Jury instructions

Must include

disputed instructions limit ?

If any party proposes additional jury instructions that are not agreed upon by all parties, such proposed jury instructions shall be filed with the Court no later than one (1) week before trial. Each party may file up to ten (10) proposed jury instructions and identify such as jury instructions upon which all parties could not agree. Unless prior leave is granted, the Court will not consider additional proposed jury instructions beyond the first ten (10).

Summary: Each party may file up to 10 disputed jury instructions one week before trial.

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Civil cases

Applies to

Jury instructions

Proposed jury instructions shall (1) indicate the party submitting the instruction (i.e., joint/agreed-on, Plaintiff’s or Defendants’), (2) be numbered sequentially, (3) include a brief title for the instruction describing the subject matter, (4) include the text of the instruction, and (5) cite the legal authority supporting the instruction.

Summary: Proposed jury instructions must include party designation, sequential numbering, title, text, and legal authority citation.

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Civil cases

Applies to

Jury instructions

Must include

modified language highlight ?

If any party proposes a jury instruction that departs from the language used in the Ninth Circuit Model Jury Instructions, CACI, BAJI or other source of jury instructions, that party shall, by italics or underlining, highlight the differences in language and must cite the legal authority supporting the modification.

Summary: Modified jury instructions must highlight changes in italics/underlining and cite legal authority.

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Civil cases

Applies to

Jury instructions

Must include

objections to disputed instructions ?

No later than the Thursday before trial, the parties shall file and serve written objections to any disputed jury instructions proposed by another party.

Summary: Written objections to disputed jury instructions must be filed and served by Thursday before trial.

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Civil cases

Applies to

Voir dire

Must include

caption, judge name, case number ?

One (1) week before trial, the parties shall file their proposed voir dire questions, if any.

Summary: Proposed voir dire questions must be filed 1 week before trial.

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Applies to

Letter brief

Must include

ecf filing ?

The letter brief shall be both filed with the Court (in ECF under “Civil Events”; “Other Filings”; “Other Documents”; “Informal Discovery Dispute Letter Brief”) and emailed to saborders@caed.uscourts.gov before the applicable deadline.

Summary: Letter briefs must be filed in ECF and emailed to saborders@caed.uscourts.gov.

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Applies to

Letter brief

Must include

cc all parties ?

All parties must be cc’d on the e-mail with the letter brief attached.

Summary: All parties must be cc’d on email with letter brief attached.

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Applies to

Letter brief

Must include

timely filing ?

Failure to timely submit a letter brief will result in the informal video conference being vacated and sanctions against any responsible parties.

Summary: Failure to timely submit letter brief results in vacated conference and sanctions.

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Civil cases

Applies to

Supplemental brief

Must include

leave of court

The court will not consider supplemental briefs or sur-replies absent prior leave of court.

Summary: Supplemental briefs and sur-replies require prior leave of court.

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Applies to

Joint letter brief

The joint letter brief shall be no more than 2 pages in length, including any exhibits or attachments (which are discouraged), and shall be in at least 12-point type.

Summary: Exhibits and attachments to joint letter brief are discouraged.

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Applies to

Settlement conference ?

It is difficult for a party who is not present to appreciate the process and the reasons that may justify a change in one's perspective toward settlement. Accordingly, having a client with authority available by telephone is not an acceptable alternative, except under the most extenuating circumstances, and must be approved in advance by the judge.

Summary: Telephone appearance by a client with authority is not acceptable except in extenuating circumstances with advance judge approval.

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Applies to

Trial procedure ?

Counsel should try to anticipate problems that will arise during trial and take them up with the Court and opposing counsel out of the presence of the jury. Appropriate motions in limine in advance of trial are encouraged. If during trial it becomes necessary for an attorney to confer with the Court at the bench, the Court's permission should be obtained.

Summary: Anticipate trial problems and address them outside jury presence; motions in limine encouraged; bench conferences require permission.

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Civil cases

Applies to

Discovery motion ?

Must include

certificate of conference ?

the Court requires, in addition to any written correspondence the parties may engage in (letters and/or email), that the parties physically talk to each other before the hearing about the discovery dispute. This requirement can be accomplished in person, or through videoconferencing.

Summary: Parties must physically talk (in person or via video) before a discovery hearing.

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Civil cases

Applies to

Joint letter brief

Must include

certificate of conference ?

The joint letter brief shall describe the parties' "meet and confer efforts" and provide a synopsis (without exhibits or attachments) of the discovery dispute.

Summary: Joint letter brief must describe meet and confer efforts and provide a synopsis of the dispute.

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Civil cases

Applies to

Proposed order ?

Pursuant to Local Rule 131(c), the documents should include the attorneys' electronic signatures (i.e., /s/First/Last Name), as well as the date the document was signed.

Summary: Documents must include electronic signatures and date signed.

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Civil cases

Applies to

Motion

Must include

notice of motion ?

All motions shall be noticed for hearing. It is not necessary to clear a date prior to scheduling a civil law and motion matter for hearing.

Summary: All motions must be noticed for hearing; no date clearing required.

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Civil cases

Applies to

Motion ?

Judge Drozd does not issue tentative rulings.

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Civil cases

Applies to

Motion

The parties are not required to submit proposed orders with civil motions set for hearing before Judge Drozd, with the exception that proposed orders shall be submitted with motions for a temporary restraining order and motions for a preliminary injunction.

Summary: Proposed orders not required for civil motions except for TROs and preliminary injunctions.

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Civil cases

Applies to

Motion ?

Must include

proposed consent decree, proposed findings of fact and conclusions of law ?

In addition, parties shall provide proposed consent decrees where applicable, and proposed findings of fact and conclusions of law following

Summary: Proposed consent decrees and findings of fact/conclusions of law required where applicable.

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Civil cases

Applies to

Motion

The parties are not required to submit proposed orders with civil motions set for hearing before Judge Calabretta, with the exception that proposed orders shall be submitted with motions for a temporary restraining order and motions for a preliminary injunction.

Summary: Proposed orders not required for civil motions except TRO and preliminary injunction.

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Criminal cases

Applies to

Motion

The parties are generally not required to submit proposed orders with criminal motions set for hearing before Judge Calabretta. If a proposed order is ever required (such as for orders granting early termination of supervised release, see Section VII), it shall be submitted in compliance with Local Rule 137(b) and e-mailed in Microsoft Word format to DJCorders@caed.uscourts.gov.

Summary: Proposed orders generally not required for criminal motions, but required for early termination of supervised release.

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Applies to

Proposed jury instructions

The above listed jury instructions need not be included in the proposed jury instructions except where parties are requesting a modified version of an instruction be used instead.

Summary: The listed preliminary jury instructions need not be included in proposed jury instructions unless a modified version is requested.

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Civil cases

Applies to

Exhibit

Multi-page exhibits shall be internally paginated beginning with the number one; references to those exhibits shall refer to the exhibit designation and page number (i.e., Ex. 1 at 11.).

Summary: Multi-page exhibits must be internally paginated starting at page 1.

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Civil cases

Applies to

Standing order ?

Must include

service ?

Counsel for plaintiff shall immediately serve this order on all parties, including any new parties added to the action in the future, unless this case came to the court by noticed removal, in which case defendant shall serve this order on all other parties.

Summary: Plaintiff must serve this order on all parties unless by noticed removal, then defendant serves.

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Civil cases

Applies to

Motion ?

Judge Sherriff does not issue tentative rulings.

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Applies to

Joint statement ?

Judge Claire encourages early resolution of discovery disputes outside the formal Local Rule 251 procedures.

Summary: Early resolution of discovery disputes outside formal procedures is encouraged.

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Applies to

Settlement conference statement

Parties are strongly encouraged, but not required, to share all or part of their settlement conference statements with each other.

Summary: Parties encouraged but not required to share settlement conference statements.

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Applies to

Minute order

Must include

telephonic conference date, telephonic conference time ?

The court will then issue a minute order advising counsel of the time and date of the telephonic conference.

Summary: Court issues minute order with telephonic conference time and date.

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Civil cases

Applies to

Jury selection ?

The box will be filled with 15 potential jurors.

Summary: 15 potential jurors will be in the jury box.

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Civil cases

Applies to

Voir dire

At the Court’s discretion, each side will typically be given 20 minutes to conduct additional voir dire after the Court performs its voir dire.

Summary: Each side typically gets 20 minutes for additional voir dire.

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Civil cases

Applies to

Preliminary jury instructions ?

Must include

instruction 1 5, instruction 1 9, instruction 1 10 +6 more ?

The Court will give the following Ninth Circuit Model Civil Jury Instructions as preliminary instructions to the jury: 1.2 & 1.3 – Duty of Jury (modified, no written copies) 1.5 – Claims and Defenses 1.6 or 1.7 – Burden of Proof 1.9 – What is Evidence 1.10 – What is Not Evidence 1.12 – Direct and Circumstantial Evidence 1.13 – Ruling on Objections 1.14 – Credibility of Witnesses 1.15 – Conduct of the Jury

Summary: Court will give specific Ninth Circuit Model Civil Jury Instructions as preliminary instructions.

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Applies to

New arrest notification form

Must include

notice of electronic filing ?

To set the matter on the Court’s calendar, complete and e‐mail the New Arrest Notification Form to the BKNA e‐mail address as noted on the form. The e‐mail distribution list will notify the affected agencies (i.e., federal defender, pretrial services, probation, U.S. Marshals, etc.)

Summary: New Arrest Notification Form must be emailed to BKNA to set court calendar.

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Applies to

Trial procedure ?

Upon obtaining prior permission of the court, motions, the opening statement, or closing argument may be divided among counsel if a party has more than one trial counsel, if different subjects are addressed by counsel.

Summary: Opening/closing statements may be divided among multiple counsel with court permission.