Judge Kandis A. Westmore
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- 1 copy • Hand Delivery • Within 3 Days
Brief, Declaration, Request For Judicial Notice
- 1 copy • Email • Upon Filing
Courtesy copies
- 1 copy • Email • Upon Filing
Discovery Dispute
- Hand Delivery • Upon Filing
Adjournments
- Written request for telephonic conference required if unable to meet and confer, with declaration limited to 7 pages.
Request must include
Communication
Chambers
Letter via ECF
Clerk
Letter via ECF
Chambers
Video
Chambers
Phone
Chambers
Page & Word Limits6 rules
Machine summary. Not checked yet.Mandatory?
The Settlement Conference Statement shall be served on opposing counsel. It may not exceed 10 pages of text and 20 pages of exhibits, which must be tabbed.
Summary: Settlement Conference Statement limited to 10 pages text and 20 pages exhibits.
Settlement Conference Statement
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The parties must submit the additional information listed below either in the exchanged statement or in a separate, optional Confidential Letter that is not served on the other parties, and which may not exceed 5 pages of text and 15 pages of exhibits.
Summary: Confidential Letter limited to 5 pages text and 15 pages exhibits.
Confidential Letter
5 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The joint letter shall not exceed five (5) pages, excluding the cover page, without leave of Court, and may not be accompanied by exhibits or affidavits other than exact copies of interrogatories, requests for production of documents and/or responses, privilege logs, and relevant deposition testimony.
Summary: Joint letter limited to 5 pages (excluding cover) with specific exhibit restrictions.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
The parties may only attach 12 pages of exhibit(s), which must be clearly marked and tabbed.
Summary: Joint letter exhibits limited to 12 pages, must be clearly marked and tabbed.
Exhibit
12 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The parties must submit the additional information listed below either in the exchanged statement or in a separate, optional Confidential Letter that is not served on the other parties, and which may not exceed 5 pages of text.
Summary: Confidential Letter may not exceed 5 pages of text.
Confidential Letter
5 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
The Settlement Conference Statement shall be served on opposing counsel. It may not exceed 10 pages of text and 20 pages of exhibits, which must be tabbed.
Summary: Settlement Conference Statement limited to 10 pages text + 20 pages exhibits (tabbed)
Settlement Conference Statement
10 pages
Applies to: Attorney
Document Format Requirements12 rules
Machine summary. Not checked yet.Mandatory?
The Settlement Conference Statement and Confidential Settlement Letter shall be in separate .pdf files, and each file shall include its respective exhibits, if any, which must be bookmarked.
Summary: Settlement Conference Statement and Confidential Letter must be separate PDF files with bookmarked exhibits.
Machine summary. Not checked yet.Mandatory?
All ECF filings shall comply with the following requirements. (a) All citations to legal authority or exhibits must include pincites.
Summary: ECF filings must include pincites for all legal authority and exhibits.
Machine summary. Not checked yet.Mandatory?
(e) E-filed documents must be cited in all other documents as follows: Dkt. No.__ at ___.
Summary: E-filed documents must be cited as “Dkt. No.__ at ___” in all other documents.
Machine summary. Not checked yet.Mandatory?
(d) All exhibits must be clearly marked and individually tabbed.
Summary: All exhibits must be clearly marked and individually tabbed.
Machine summary. Not checked yet.Mandatory?
(b) All chambers copies of e-filed documents shall bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of each page.
Summary: Chambers copies must include ECF filing stamp with case number, docket number, date, and page number.
Machine summary. Not checked yet.Mandatory?
All chambers’ copies of e-filed documents shall bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of the page.
Summary: Chambers copies must include ECF filing stamp with case number, docket number, date, and page number.
Machine summary. Not checked yet.Mandatory?
E-filed documents must be cited in all other documents as follows: Dkt. No.__ at ___.
Summary: E-filed documents must be cited as Dkt. No.__ at ___.
Machine summary. Not checked yet.Mandatory?
For filings that are no more than 100 pages, chambers copies must be stapled or attached with brads; binder clips, paperclips, or similar fastenings are not adequate. If the filing is more than 100 pages, the chambers copies must be three-hole punched along the left side of the page and placed in a 3-ring binder.
Summary: Chambers copies: ≤100 pages stapled/brads; >100 pages three-hole punched in 3-ring binder.
Machine summary. Not checked yet.Mandatory?
All exhibits must be clearly marked and individually tabbed.
Machine summary. Not checked yet.Important?
The parties are encouraged to provide the Court with deposition testimony, video footage, and other evidence referred to in the statements that are subject to dispute or believed to be dispositive. In the interest of judicial economy, the parties shall provide citations to the deposition testimony in their statements, and attach only the relevant pages of the transcript. Video must be available for streaming on the cloud without registration or download, and the submitting party shall provide time stamps for the portions they wish the Court to view, along with a short explanation of what the video (or video clip) shows.
Summary: Exhibits limited to relevant pages and streaming video with timestamps.
Machine summary. Not checked yet.Important?
Please 2-hole punch the documents at the top.
Summary: Settlement Conference documents must be 2-hole punched at top
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Settlement conferences routinely last 3 or more hours, and the parties and their representatives should be prepared to work until 4:00 p.m. if necessary.
Summary: Settlement conferences typically last 3+ hours, may extend to 4:00 PM.
Document Filing Requirements24 rules
Machine summary. Not checked yet.Mandatory?
Each party shall also email their Settlement Conference Statement and Confidential Settlement Letter, if applicable, in .pdf format to KAWsettlement@cand.uscourts.gov.
Summary: Settlement Conference Statement and Confidential Letter must be emailed in PDF format.
Document Type
Settlement Conference Statement
Machine summary. Not checked yet.Mandatory?
Failure to timely lodge a settlement conference statement may result in your settlement conference being vacated.
Summary: Failure to lodge Settlement Conference Statement may result in conference being vacated.
Document Type
Settlement Conference Statement
Machine summary. Not checked yet.Mandatory?
Each party shall prepare a Settlement Conference Statement and may prepare an optional, Confidential Settlement Letter, which must be LODGED via mail or hand delivery with the undersigned’s chambers (NOT electronically filed), and must be received no later than 14 calendar days prior to the conference.
Summary: Settlement Conference Statement and Confidential Letter must be lodged via mail/hand delivery 14 days before conference.
Document Type
Settlement Conference Statement
Machine summary. Not checked yet.Mandatory?
There must be a current demand and response made before the settlement conference, and those must be included in the settlement conference statements.
Summary: Current demand and response required before settlement conference.
Document Type
Settlement Conference Statement
Machine summary. Not checked yet.Mandatory?
Unless explicitly relieved of this requirement, the parties shall lodge updated settlement conferences statements 14 days prior to the further settlement conference to inform the Court of the status of the action and any developments that have occurred since the last settlement conference, including updated settlement positions. The updated statement shall not repeat information previously provided in the original submissions.
Summary: Updated settlement statements due 14 days before further conferences.
Document Type
Updated Settlement Conference Statement
Machine summary. Not checked yet.Mandatory?
If the case settles prior to the settlement conference, the parties shall immediately file a notice of settlement, and notify chambers by e-mailing both KAWcrd@cand.uscourts.gov and KAWsettlement@cand.uscourts.gov that the case has settled.
Summary: Immediate notice of settlement required if case settles before conference.
Document Type
Notice Of Settlement
Machine summary. Not checked yet.Mandatory?
In civil cases randomly assigned to Judge Westmore for all purposes, the parties should file their written consent to the assignment of a United States Magistrate Judge for all purposes or their written declination of consent as soon as possible, and in no event later than the deadlines specified in Civil L.R. 73-1(a).
Summary: Consent/declination to magistrate judge assignment required promptly, no later than L.R. 73-1(a) deadlines.
Document Type
Consent To Magistrate
Machine summary. Not checked yet.Mandatory?
(e) If a party files a motion for leave to amend a pleading, it must file as an attachment a redline comparison of the proposed amended pleading against the last pleading.
Summary: Motions to amend pleading require redline comparison attachment showing changes.
Document Type
Motion To Amend
Machine summary. Not checked yet.Mandatory?
The failure of the opposing party to file a memorandum of points and authorities in opposition to any motion shall constitute consent to the granting of the motion.
Summary: Failure to file opposition memo constitutes consent to granting motion.
Document Type
Opposition Memorandum
Machine summary. Not checked yet.Mandatory?
The joint letter must be e-filed under the Civil Events category of "Motions and Related Filings>Motions--General>Discovery Letter Brief." Do not file under the "Letter" event, because the filing will not be designated as an open motion that requires court resolution.
Summary: Joint letter must be e-filed under specific Civil Events category, not under "Letter" event.
Document Type
Joint Letter
Machine summary. Not checked yet.Mandatory?
Proposed orders filed by an e-filing party shall be submitted in Word format (.doc or .docx) via e-mail to kawpo@cand.uscourts.gov on the same day the document is e-filed. This requirement also applies to stipulations that require court approval, which must include a proposed order on the face of the stipulation. This e-mail address should only be used for this stated purpose unless otherwise directed by the Court.
Summary: Proposed orders and approved stipulations must be emailed in Word format to kawpo@cand.uscourts.gov on filing day.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
In addition to lodging hardcopies, the parties shall email their updated statements and confidential letters, if applicable, in .pdf format to KAWsettlement@cand.uscourts.gov.
Summary: Updated statements and confidential letters must be emailed in .pdf format to KAWsettlement@cand.uscourts.gov.
Document Type
Updated Settlement Statement
Machine summary. Not checked yet.Mandatory?
The parties are encouraged to provide the Court with deposition testimony, video footage, and other evidence referred to in the statements that are subject to dispute or believed to be dispositive. In the interest of judicial economy, the parties shall provide citations to the deposition testimony in their statements, and attach only the relevant pages of the transcript. Video must be available for streaming on the cloud without registration or download, and the submitting party shall provide time stamps for the portions they wish the Court to view, along with a short explanation of what the video (or video clip) shows.
Summary: Exhibits must include deposition citations and relevant transcript pages; video must be streamable without registration.
Document Type
Settlement Statement
Machine summary. Not checked yet.Mandatory?
Unless explicitly relieved of this requirement, the parties shall lodge updated settlement conferences statements 10 days prior to the further settlement conference, in accordance with Sections 6 and 7, to inform the Court of the status of the action and any developments that have occurred since the last settlement conference.
Summary: Updated settlement statements must be lodged 10 days prior to further settlement conferences.
Document Type
Updated Settlement Statement
Machine summary. Not checked yet.Mandatory?
If the case settles prior to the settlement conference, the parties shall immediately file a notice of settlement, and notify Judge Westmore’s Courtroom Deputy at (510) 637-3525 that the case has settled.
Summary: If case settles before conference, file notice of settlement and notify Judge Westmore’s Courtroom Deputy at (510) 637-3525.
Document Type
Notice Of Settlement
Machine summary. Not checked yet.Mandatory?
The Settlement Conference Statement shall include the following: a. Substance of the Suit. Describe briefly the substance of the suit, including the following: i. A brief statement of the facts of the case. ii. The claims and defenses, including the statutory or other grounds upon which the claims are founded. iii. A summary of the proceedings to date, including a list of the motions previously made, the dispositions, and any pending motions. iv. A statement of facts not reasonably in dispute. v. A list of the key facts in dispute and the specific evidence relevant to a determination of those facts. vi. Any discrete issue that, if resolved, would facilitate the resolution of the case. vii. A brief statement of issues of law with respect to liability and damages. The statement must include citations to statutes and cases, but extended legal argument is not necessary. b. Relief Sought. A statement of the relief sought, including an itemization of damages and any non-monetary relief sought.
Summary: Settlement Conference Statement must include specific sections on substance of suit and relief sought
Document Type
Settlement Conference Statement
Machine summary. Not checked yet.Mandatory?
Personal attendance of a party is mandatory and will rarely be excused by the Court, and then only upon a written request that is timely under the circumstances and that demonstrates extraordinary hardship. Personal attendance may be excused only upon written authorization from the Court.
Summary: Personal attendance at settlement conference is mandatory, excused only for extraordinary hardship with written authorization
Document Type
Settlement Conference
Machine summary. Not checked yet.Mandatory?
Each party shall prepare a Settlement Conference Statement and may prepare an optional, Confidential Settlement Letter, which must be LODGED via mail or hand delivery with the undersigned's chambers (NOT electronically filed), and must be received no later than 10 calendar days prior to the conference (or 14 days prior if there are four or more separately represented parties).
Summary: Settlement Conference Statement and Confidential Letter must be lodged via mail/hand delivery (not ECF) 10 days before conference (14 days if 4+ parties)
Document Type
Settlement Conference Statement
Machine summary. Not checked yet.Mandatory?
Proposed orders shall be sent to Judge Westmore’s Courtroom Deputy at kawcrd@cand.uscourts.gov. Counsel shall not send proposed orders in criminal matters to the proposed orders e-mail address, which is reserved for civil matters.
Summary: Proposed orders in criminal cases must be sent to Courtroom Deputy, not civil proposed orders email.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Important?
All references to exhibits should cite to specific page numbers.
Summary: Exhibits must be cited to specific page numbers.
Document Type
Settlement Conference Statement
Machine summary. Not checked yet.Important?
(c) Parties shall not include entire deposition transcripts as exhibits to their filings unless necessary. Parties shall instead provide only the relevant excerpts and a copy of the reporter’s certification.
Summary: Do not include entire deposition transcripts as exhibits; provide only relevant excerpts with reporter’s certification.
Document Type
Motion
Machine summary. Not checked yet.Note?
(f) For motions for preliminary approval of a class action settlement, the parties should consult the Northern District’s Procedural Guidance for Class Action Settlements and must file Post-Distribution Accounting Reports in accordance with the Guidance.
Summary: Class action settlement motions require consultation of Procedural Guidance and Post-Distribution Accounting Reports.
Document Type
Class Action Settlement Motion
Machine summary. Not checked yet.Note?
Parties and attorneys may advise the Court of their pronouns by filing a letter or by adding their pronouns in the name block on the first page of the pleadings.
Summary: Parties may advise Court of pronouns via letter or name block on first page.
Document Type
Pleading
Machine summary. Not checked yet.Note?
Settlement conferences routinely last 3 or more hours, and the parties and their representatives should be prepared to work until 4:00 p.m. if necessary.
Summary: Settlement conferences routinely last 3+ hours, parties should be prepared to work until 4:00 p.m.
Document Type
Settlement Conference
Filing & Service rules
Courtesy Copy Requirements
Chambers copies must be marked “Chambers Copy” and submitted in envelope marked for Magistrate Judge Kandis Westmore with case number.
(c) Chambers copies shall be marked “Chambers Copy” and submitted to the Oakland Clerk’s Office in an envelope clearly marked “Magistrate Judge Kandis Westmore” with the case number on the envelope.
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Page 2 | CHAMBERS COPIES AND PROPOSED ORDERS
Chambers hard copies required for formal motions, joint discovery letters, and motions to seal.
Chambers hard copies are required for all formal motions, joint discovery letters, and motions to seal. The Court may request chambers copies of other filings as needed.
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Page 2 | CHAMBERS COPIES AND PROPOSED ORDERS
Chambers copies must be received within 3 days of filing or Court request.
(a) Chambers copies must be received within 3 days of filing or the Court’s request.
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Page 2 | CHAMBERS COPIES AND PROPOSED ORDERS
For briefings with >10 exhibits or >100 pages of exhibits, email single searchable PDF with bookmarks to kawpo@cand.uscourts.gov.
(h) For any briefings that rely on more than ten exhibits or 100 pages of exhibits, the party shall e-mail an electronic copy to kawpo@cand.uscourts.gov. The supporting document (e.g., a declaration or request for judicial notice) and exhibits thereto shall be in a single PDF, which shall be legible and word-searchable and have each exhibit bookmarked so that a user can easily navigate through each exhibit. Each PDF should only include one supporting document and its attached exhibits.
Machine summary. Not checked yet. · Civil cases
Chambers copy required for discovery disputes before Court review.
(f) The parties shall lodge a chambers copy of all discovery disputes as required by ¶ 5. The Court will not review the dispute until a courtesy copy is provided.
Machine summary. Not checked yet. · Civil cases
Dispositive motions must be emailed in Word format to kawpo@cand.uscourts.gov in addition to chambers copy.
(a) Any party filing a dispositive motion shall also e-mail a copy of the motion in Word format (.doc or .docx) to kawpo@cand.uscourts.gov. This is in addition to the lodged, chambers copy.
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Chambers copies must be received within 3 days of filing.
Chambers copies must be received within 3 days of filing or the Court’s request.
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Page 1 | 5. Motions(b)i
Hard copies of briefs required when Court sets briefing schedule.
When the Court sets a briefing schedule on a motion, counsel shall lodge hard copies of the briefs.
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Page 1 | 5. Motions(b)
Sealing & Redaction Procedures
Sealing requires compliance with Local Rule 79-5 and declaration if based on confidentiality designation.
Any party seeking to file a document under seal must comply with Civil Local Rule 79-5. The motion shall include a statement by the moving party that it has reviewed and complied with that rule. If the sole basis for the motion is that the opposing party, or a non-party, has designated the document "confidential," the designating party shall file a declaration identifying the appropriate legal standard, i.e., the good cause standard or the compelling reasons standard, and demonstrating why the document at issue meets the applicable legal standard. The declaration shall be filed by the deadline specified in Civil Local Rule 79-5(e)(1).
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Court proceedings presumptively public; seal requests require narrowly tailored court order via L.R. 79-5 administrative motion.
(d) For motions to file under seal, the parties are reminded that court proceedings are presumptively public, and no document shall be filed under seal without request for a court order that is narrowly tailored to cover only the document, the particular portion of the document, or category of documents that is sealable under the governing legal standard. If a party wishes to file a document under seal, that party shall first file an administrative motion to seal in accordance with L.R. 79-5.
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Page 2 | ECF FILINGS
For motions to seal, provide unredacted chambers copy with highlighted redacted portions and 'UNREDACTED VERSION' notation.
(g) For motions to seal, the parties need only provide a courtesy copy of the unredacted version of the document sought to be filed under seal. The unredacted version must indicate, by highlighting or other clear method, the portions of the document that have been omitted from the redacted version, and prominently display the notation “UNREDACTED VERSION OF DOCUMENT(S) SOUGHT TO BE SEALED.” The unredacted copy must be presented in the same form as if no sealing order was being sought. In other words, if a party is seeking to file under seal one or more exhibits to a declaration, or portions thereof, the chambers copy should include the declaration with both exhibits that require no redaction and the exhibits that require redaction.
Machine summary. Not checked yet. · Civil cases
Filing Bundling Requirements
Separate joint letter required for each discovery device in dispute.
The parties shall file a separate joint letter for each discovery device in dispute (i.e., if the parties have disputes regarding specific interrogatories and requests for production, they must file two letters).
Machine summary. Not checked yet. · Civil cases
Pre-Motion Conference Requirements
Meet and confer in person or by video (or phone if impossible) required 10 business days before filing discovery motion.
Prior to filing any discovery-related motion, lead trial counsel for all parties shall meet and confer in person or by video conference, if an in-person conference is not feasible, regarding the discovery dispute(s) to resolve these matter(s). (Meet and confers may only occur by telephone if it is impossible to meet in person or by video.) After attempting other means to confer on the issue(s) (i.e., letter, phone call, e-mail), any party may demand such a meeting on ten (10) business days' notice.
Machine summary. Not checked yet. · Civil cases
Joint letter required within 5 business days after meet and confer for discovery disputes.
After meeting and conferring as set forth in ¶ 13 above, the parties shall draft and file a jointly signed letter within five (5) business days of the lead trial counsels' meet and confer session that contains the following:
Machine summary. Not checked yet. · Civil cases
Must comply with meet and confer requirements before filing sanctions motion.
19. No motion for sanctions may be filed until after the moving party has complied with the requirements of paragraphs 13-17 above. Motions for sanctions shall be filed separately, pursuant to Federal Rule 37 and Civil Local Rules 7 and 37-3.
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Adjournment & Extension Requirements
Written request for telephonic conference required if unable to meet and confer, with declaration limited to 7 pages.
17. In the rare event that the parties are unable to meet and confer as directed above, or a moving party is unable to obtain the opposing party’s portion of a joint letter after the meet and confer session, the moving party shall file a written request for a telephonic conference on the docket for the purpose of enforcing the Court’s meet and confer requirement, or for the Court to fashion an alternative procedure. The written request shall include a declaration which states any attempt to meet and confer and/or obtain the joint letter, the reasons for the inability to comply with the standing order, and (if possible) three dates and times at which all parties are available for a telephonic conference. The moving party may attach exhibits to the declaration, but the declaration and exhibits combined may not exceed seven pages.
Machine summary. Not checked yet. · Civil cases
8:30 a.m. cut-off for morning add-ons to criminal calendar; after that only under limited circumstances.
(a) Add-ons: The Court has an 8:30 a.m. cut-off time for morning of add-ons to the criminal calendar. After 8:30 a.m., add-ons will only be permitted under limited circumstances.
Machine summary. Not checked yet. · Criminal cases
Page 1 | 2. Scheduling(a)
Detention motions must be filed by 3:00 p.m. the court day before hearing.
Motions for detention must be filed no later than 3:00 p.m. the court day before the hearing.
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Page 1 | 5. Motions(a)
Chambers Communication Rules
Updated statements and confidential letters must be emailed as PDF.
The parties shall email their updated statements and confidential letters, if applicable, in .pdf format to KAWsettlement@cand.uscourts.gov.
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Page 4 | 10. Further Settlement Conferences
All relief requests must be in writing; no phone/email relief; do not contact chambers for relief or legal advice.
The Court does not grant relief over the telephone or via e-mail. All requests for relief must be filed in accordance with the local rules. Do not contact the courtroom deputy or chambers to seek relief or legal advice, including information pertaining to the local rules.
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Page 1 | ALL REQUESTS MUST BE IN WRITING
No ex parte communication with Court except for scheduling with courtroom deputy.
21. Pursuant to Civil Local Rule 11-4(c), with the exception of communication with the courtroom deputy regarding scheduling, no party may contact the Court ex parte without prior notice to the opposing party. All communications or questions to the Court shall be presented in writing, properly filed, and include a certification that all parties were served a copy
Machine summary. Not checked yet. · Civil cases
Settlement Conference Statement and Confidential Letter must be emailed to KAWsettlement@cand.uscourts.gov
Each party shall also email their Settlement Conference Statement and Confidential Settlement Letter, if applicable, in .pdf format to KAWsettlement@cand.uscourts.gov.
Machine summary. Not checked yet. · Civil cases
Remote appearance requests must be filed 2 weeks in advance with good cause facts and proposed order.
Written request must be filed on the case docket at least two weeks in advance of the hearing. The facts establishing good cause must be set forth in the request, and the party must simultaneously file a proposed order granting the request.
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Page 1 | POLICY GOVERNING REMOTE APPEARANCES
In-person proceedings require physical attendance unless good cause for remote appearance is shown.
For all other in-person proceedings, a party representative (or a party if pro se) must appear in person. In the Court’s discretion, however, permission to attend by videoconference may be granted upon a finding that good cause exists to excuse personal attendance, and personal attendance is not necessary to have an effective hearing.
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Page 1 | POLICY GOVERNING REMOTE APPEARANCES
Criminal motions heard first/third Thursdays at 1:30 p.m. or during criminal duty. Must contact Courtroom Deputy for court date.
Criminal motions are heard on the first and third Thursdays of the month at 1:30 p.m., or during the regular criminal calendar when Judge Westmore is on criminal duty. Counsel must contact Judge Westmore’s Courtroom Deputy for a court date prior to setting any proceeding.
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Page 1 | 2. Scheduling
Must email brief to Courtroom Deputy same day when filing motion brief.
When filing a brief in connection to any motion, counsel must notify the Court by e-mailing the brief to Judge Westmore’s Courtroom Deputy at kawcrd@cand.uscourts.gov that same day.
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Page 1 | 5. Motions
Scheduling conflicts with other courts does not excuse failure to appear.
Scheduling simultaneous remote appearances in multiple courts does not excuse a failure to appear.
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Page 1 | POLICY GOVERNING REMOTE APPEARANCES
Sanctions for non-compliance may include calendar removal, continuance, proceeding without participant, monetary penalty, or remote appearance prohibition.
Sanctions may include dropping a matter from calendar, continuing the hearing, proceeding in the absence of an unavailable participant, a monetary sanction, and/or a permanent prohibition against a person appearing remotely.
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Page 1 | POLICY GOVERNING REMOTE APPEARANCES
Parties assume risk for technical issues; hearings won't be rescheduled for connection problems.
At your risk: Individuals making use of the videoconference service do so at their own risk. Hearings will not generally be rescheduled due to missed connections or interruptions in service.
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Page 1 | POLICY GOVERNING REMOTE APPEARANCES
All video appearances must use Zoom with cameras on; no tech support provided.
Use of Zoom: All video appearances must be made through Zoom. The parties must have their video cameras turned on while their case is called. The Court does not provide technological support for the platform.
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Page 1 | POLICY GOVERNING REMOTE APPEARANCES
Failure to respond to video call may result in matter being passed or treated as failure to appear.
Failure to respond: If an individual schedules a video appearance and then fails to respond to the call of a matter on calendar, the Court may pass the matter or may treat the failure to respond as a failure to appear.
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Page 1 | POLICY GOVERNING REMOTE APPEARANCES
Non-compliance with remote appearance procedures may result in sanctions.
Remote appearances by multiple participants are only possible when there is compliance with these procedural requirements. Sanctions may be imposed when there is any deviation from the required procedures or the Court determines that a person's conduct makes remote appearances inappropriate.
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Page 1 | POLICY GOVERNING REMOTE APPEARANCES
Civil motions heard first/third Thursdays at 1:30 PM; case management/status Tuesdays at 1:30 PM; pretrial conferences Wednesdays at 2:00 PM.
Civil motions are also heard on the first and third Thursdays of the month at 1:30 p.m. Civil case management and status conferences are heard on Tuesdays at 1:30 p.m. Civil pretrial conferences are heard on Wednesdays at 2:00 p.m.
Machine summary. Not checked yet. · Civil cases
Page 1 | CALENDAR DATES AND SCHEDULING
Motions (except discovery) noticed under L.R. 7-2; no hearing date reservation needed; confirm availability online.
Parties should notice motions (other than discovery motions) pursuant to Civil Local Rule 7-2. Parties need not reserve a hearing date but should confirm the Court’s availability at https://cand.uscourts.gov/judges/kaw/westmore-kandis-a by consulting Judge Westmore’s scheduling notes. The Court may reset hearing dates as the Court’s calendar requires.
Machine summary. Not checked yet. · Civil cases
Page 1 | CALENDAR DATES AND SCHEDULING
Audio-only appearance allowed with written request for those lacking reliable internet.
Audio-only Appearances: In the event that a party does not have reliable computer or internet access, they may file a written request to appear by audio-only.
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Page 1 | POLICY GOVERNING REMOTE APPEARANCES
Case Management Conferences are held remotely by default.
Case Management Conferences will be held remotely unless otherwise ordered, so the parties need not request a remote appearance for those proceedings if they will be appearing by video.
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Page 1 | POLICY GOVERNING REMOTE APPEARANCES
Junior Lawyer Participation Incentives
Court will hear oral argument if junior lawyer (4 or fewer years) requests it.
The Court sometimes rules on the papers, issuing a written order and vacating the hearing. If a written request for oral argument is filed before a ruling, stating that a lawyer of four or fewer years out of law school will conduct the oral argument or at least the lion's share, then the Court will hear oral argument, believing that young lawyers need more opportunities for appearances than they usually receive.
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Junior lawyers (under 4 years) may increase likelihood of oral argument if requested 7+ days before hearing.
If a written request for oral argument is filed at least seven days before the hearing, stating that a lawyer of four or fewer years out of law school will conduct the oral argument (or at least the lion's share), then the Court will strongly consider hearing oral argument, believing that young lawyers need more opportunities for appearances than they usually receive.
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Page 9 | MOTION PRACTICE