Judge Dana M. Sabraw
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Pleading
- 1 copy • As Soon As Practicable
Communication
Phone
Chambers
Fax
Chambers
Letter via ECF
Chambers
Letter via fax
Chambers
Document Format Requirements3 rules
Machine summary. Not checked yet.Mandatory?
The first copy should indicate the number of the proposed instruction, the instruction, and the authority supporting the instruction.
Summary: First copy must include instruction number, text, and authority.
Machine summary. Not checked yet.Mandatory?
The second copy should contain only the proposed instructions on plain paper, that is, not on pleading paper. No other marks or writings should be present.
Summary: Second copy must be plain paper with only instructions, no marks.
Machine summary. Not checked yet.Mandatory?
This copy also should be presented electronically in WordPerfect format (any version).
Summary: Electronic copy must be in WordPerfect format.
Word Perfect
Document Filing Requirements30 rules
Machine summary. Not checked yet.Mandatory?
Proposed orders should be submitted simultaneously with the motion.
Summary: Proposed orders must be submitted simultaneously with motions.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Any proposed modification of an instruction from statutory authority or the Ninth Circuit Models must state specifically the modification and the authority supporting the modification.
Summary: Modifications to instructions must cite specific authority.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
The parties should each submit proposed jury instructions to the Court on the first day of trial, unless otherwise ordered by the Court.
Summary: Proposed jury instructions due on first day of trial.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Motions in limine are due two weeks before the hearing, with any opposition due one week before the hearing.
Summary: Motions in limine due 2 weeks before hearing; opposition due 1 week before.
Document Type
Motion In Limine
Machine summary. Not checked yet.Mandatory?
It is each party’s responsibility to carefully review the instructions and make suggestions to the Court if modifications appear necessary.
Summary: Parties must review and suggest modifications to jury instructions.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
Government counsel must provide a list of exhibits and give it to the Courtroom Deputy Clerk on the first day of trial. All exhibits must be pre-marked on the first day of trial.
Summary: Government must provide exhibit list and pre-mark all exhibits on first trial day
Document Type
Exhibit List
Machine summary. Not checked yet.Mandatory?
Proposed orders should be submitted simultaneously with the motion.
Summary: Proposed orders must be submitted with motions.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Jury instructions shall be submitted to the Court one week before trial in the following format:
Summary: Jury instructions due one week before trial.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
Two copies of each instruction should be provided.
Summary: Two copies of each jury instruction required.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
All instructions should be short, concise, and neutral statements of law.
Summary: Jury instructions must be short, concise, and neutral.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
Any modification to a standard instruction must be identified by specifying the modification to the original instruction and the authority supporting the modification.
Summary: Modifications to standard instructions must be identified with authority.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
The parties are required jointly to submit one set of agreed upon instructions.
Summary: Parties must jointly submit agreed-upon jury instructions.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
All objections to supplemental instructions shall be in writing, set forth the challenged jury instruction in its entirety, identify the objectionable language, and contain citation to authority explaining why the instruction is improper.
Summary: Objections to supplemental instructions must be in writing with full citation.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
If the parties cannot agree upon one complete set of instructions, they are required to submit one set of instructions to which they have agreed, and two sets (one for each party) of supplemental instructions to which they have not agreed.
Summary: If parties disagree on instructions, submit agreed set plus two supplemental sets.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
The parties shall submit proposed voir dire questions and verdict forms one week before trial.
Summary: Voir dire questions and verdict forms due one week before trial.
Document Type
Voir Dire Questions
Machine summary. Not checked yet.Note?
Rule 11 guilty pleas may be taken by the magistrate judges on a report and recommendation.
Summary: Magistrate judges may accept Rule 11 pleas on report and recommendation.
Document Type
Guilty Plea
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Counsel may serve and file proposed voir dire questions and forms of verdict on the day set for motions in limine.
Summary: Proposed voir dire questions and verdict forms due on motions in limine day
Document Type
Voir Dire Questions
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The Courtroom Deputy Clerk will provide counsel with a numerical list of the jury panel at the start of voir dire, along with a seating chart. Jurors assigned seat numbers one through thirty-two will be questioned.
Summary: Courtroom Deputy Clerk provides jury panel list and seating chart at voir dire start
Document Type
Jury Panel List
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The Court prefers to use the Ninth Circuit Criminal Jury Instructions whenever possible.
Summary: Court prefers Ninth Circuit Criminal Jury Instructions.
Document Type
Jury Instructions
Machine summary. Not checked yet.Note?
If counsel requests the model Ninth Circuit jury instructions, counsel may list the number of the instruction and edition without citing the text.
Summary: Ninth Circuit instructions may be cited by number and edition only.
Document Type
Jury Instructions
Machine summary. Not checked yet.Note?
Exhibit stickers may be obtained from the Clerk of the Court or from the Courtroom Deputy Clerk, in advance of the trial.
Summary: Exhibit stickers available from Clerk or Courtroom Deputy Clerk before trial
Document Type
Exhibit Stickers
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When each side has exhausted its peremptory challenges, the first eight (or ten) persons constitute the jury.
Summary: First eight or ten persons constitute the jury after peremptory challenges.
Document Type
Jury Selection
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Jurors assigned seat numbers one through fourteen will be questioned.
Summary: Fourteen jurors will be questioned for voir dire.
Document Type
Jury Selection
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The Courtroom Deputy Clerk will provide counsel with a numerical list of the jury panel at the beginning of voir dire, along with a seating chart.
Summary: Clerk provides numerical jury list and seating chart at voir dire.
Document Type
Jury Selection Materials
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Also note that challenges may be made to any of the panelists regardless where that panelist appears in the array.
Summary: Challenges may be made to any panelist regardless of position.
Document Type
Jury Selection
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The number of jurors questioned (fourteen) is calculated as follows: the number of jurors to be selected (generally eight) plus the number of peremptory challenges (generally six or three per side).
Summary: Panel size = selected jurors + peremptory challenges.
Document Type
Jury Selection
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Note that a party may waive its right to challenge but may not reserve.
Summary: Parties may waive but not reserve peremptory challenges.
Document Type
Jury Selection
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If voir dire is permitted, fifteen minutes per side on non-complex cases generally will be allowed.
Summary: Fifteen minutes per side for voir dire on non-complex cases.
Document Type
Voir Dire
Machine summary. Not checked yet.Note?
After the Court and counsel have voir dired the panel, counsel may exercise challenges for cause.
Summary: Challenges for cause may be exercised after voir dire.
Document Type
Jury Selection
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The exercise of peremptory challenges will follow. Counsel will exercise alternating challenges – generally outside the presence of the prospective jurors – by calling out the jurors' numbers they wish to excuse.
Summary: Peremptory challenges exercised by alternating calls of juror numbers.
Document Type
Jury Selection
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies required for documents over 15 pages within 24 hours.
for any document which exceeds 15 pages, counsel shall deliver a courtesy copy directly to chambers within 24 hours after filing.
Machine summary. Not checked yet. · Criminal cases
Page 2 | Motions
Courtesy copies of pleadings must be submitted to chambers after filing.
Courtesy copies of pleadings, marked as such, shall be submitted to chambers, as soon as practicable after filing.
Machine summary. Not checked yet. · Civil cases
Page 4 | Motions
Expedited delivery required for sentencing documents filed within 5 court days of hearing.
expeditious delivery is particularly important when a party has filed a lengthy sentencing document less than 5 court days prior to the scheduled sentencing hearing.
Machine summary. Not checked yet. · Criminal cases
Page 2 | Motions
Pre-Motion Conference Requirements
Rule 12(b) motions require informal conference before filing, with statement due 2 days before.
Any party desiring to file a Rule 12(b) motion shall first attempt to resolve the matter informally. If no informal resolution is achieved, the moving party shall contact the Court’s Law Clerk to obtain a date for a telephonic in-chambers conference, and arrange for the opposing party to appear at that time. The moving party shall, no later than two days before the conference, e-mail to chambers and serve on the opposing party an informal statement explaining why such motion is warranted. No statement is required of the opposing party. The time prescribed by the Federal Rules of Civil Procedure for the moving party’s first responsive pleading shall be tolled until after the conference.
Machine summary. Not checked yet. · Civil cases
Page 3 | Motions
Motion must be filed when scheduling hearing date with Law Clerk.
A hearing date will not be reserved unless the motion is filed on the date on which the Law Clerk is contacted to schedule the hearing date.
Machine summary. Not checked yet. · Civil cases
Page 4 | Motions
Motions in limine must be filed 2 weeks before hearing, oppositions 1 week before, no reply briefs.
Such motions must be filed and served two weeks before the scheduled hearing date, with oppositions due one week before the hearing. No reply briefs are permitted.
Machine summary. Not checked yet. · Civil cases
Page 5 | Motions in Limine
Motion hearings scheduled 30-60 days after filing.
Motion hearing dates generally are set within 30 to 60 days from the date the motion is filed, depending upon the nature and complexity of the motion.
Machine summary. Not checked yet. · Civil cases
Page 4 | Motions
5-day notice if oral argument is canceled.
If the motion is to be decided without oral argument, counsel will be notified by order of the Court canceling oral argument at least five days before the scheduled hearing date.
Machine summary. Not checked yet. · Civil cases
Page 4 | Motions
Telephonic argument permitted with advance arrangements.
Telephonic argument is permitted in the Court’s discretion, provided arrangements are made in advance of the hearing.
Machine summary. Not checked yet. · Civil cases
Page 4 | Motions
Briefing schedules follow Local Rules unless Court sets specific schedule.
Briefing schedules are set forth in the Local Rules. There are no additional filing deadlines, unless the Court sets a specific briefing schedule in the case.
Machine summary. Not checked yet. · Civil cases
Page 4 | Motions
Oral arguments held Fridays at 1:30 PM.
Oral argument will occur on the Court’s Friday Calendar at 1:30 p.m.
Machine summary. Not checked yet. · Civil cases
Page 4 | Motions
Adjournment & Extension Requirements
Continuance requests must be made immediately to Courtroom Deputy Clerk.
All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk at the number above.
Machine summary. Not checked yet. · Criminal cases
Page 1 | Communications with Chambers
Immediate sentencing available for immigration cases upon request.
Upon request, the Court will proceed with immediate sentencing in certain immigration cases if it has sufficient information in the record to perform a meaningful exercise of sentencing authority.
Machine summary. Not checked yet. · Criminal cases
Page 2 | Dispositions and Sentencings
Chambers Communication Rules
Faxes to chambers are prohibited unless specifically requested by the Court.
Faxes to chambers are prohibited, unless specifically requested by the Court.
Machine summary. Not checked yet. · Criminal cases
Page 1 | Communications with Chambers
Letters to chambers are prohibited unless specifically requested by the Court.
Letters to chambers are prohibited, unless specifically requested by the Court.
Machine summary. Not checked yet. · Criminal cases
Page 1 | Communications with Chambers
Counsel must notify Court immediately if disposition will occur at scheduled motion date.
Any time a case is calendared for motions and counsel for either side knows that a disposition is to take place, counsel has a duty to call the Courtroom Deputy Clerk at the earliest available time to inform the Court of the disposition.
Machine summary. Not checked yet. · Criminal cases
Page 2 | Dispositions and Sentencings
Letters to chambers are prohibited unless specifically requested.
Letters to chambers are prohibited, unless specifically requested by the Court.
Machine summary. Not checked yet. · Civil cases
Page 1 | Communications with Chambers
Faxes to chambers are prohibited unless specifically requested.
Faxes to chambers are prohibited, unless specifically requested by the Court.
Machine summary. Not checked yet. · Civil cases
Page 1 | Communications with Chambers
Court personnel cannot give legal advice or discuss case merits.
Court personnel are prohibited from giving legal advice or discussing the merits of a case.
Machine summary. Not checked yet. · Civil cases
Page 1 | Communications with Chambers
Phone calls to chambers limited to docketing, scheduling, or calendaring.
Telephone calls to chambers are permitted only for matters such as docketing, scheduling or calendaring.
Machine summary. Not checked yet. · Civil cases
Page 1 | Communications with Chambers
Telephone calls to chambers are permitted for non-docketing matters; specific numbers provided.
Telephone calls to chambers are permitted. For matters other than docketing, scheduling or calendaring, call chambers at 619-557-6262, and address your inquiries to the Law Clerks. For docketing, scheduling and calendaring matters, call Courtroom Deputy Clerk Jamie Klosterman at 619-557-6399.
Machine summary. Not checked yet. · Criminal cases
Page 1 | Communications with Chambers
Court provides parties with intended jury instructions before submission.
Before the case is submitted to the jury, the Court will provide each party with the jury instructions the Court intends to use.
Machine summary. Not checked yet. · Criminal cases
Page 3 | Trial Procedures
Chambers phone number provided for permitted uses.
Call chambers at 619-557-6262, and address your inquiries to the Law Clerks.
Machine summary. Not checked yet. · Civil cases
Page 1 | Communications with Chambers
Chambers fax number provided for permitted uses.
The chambers fax number is 619-702-9942.
Machine summary. Not checked yet. · Civil cases
Page 1 | Communications with Chambers
Junior Lawyer Participation Incentives
Only one lawyer per party may examine a witness and make objections for that witness.
Where a party has more than one lawyer, only one lawyer may conduct the examination of a given witness and that lawyer alone may make objections concerning that witness.
Machine summary. Not checked yet. · Civil cases
Page 7 | Witness Examination