Court Rules

Southern District of California Document Filing Requirements

875 rules from official source documents

115 of 875 checked against the court's document. Each rule says how far it was checked. A value with a question mark is not in the court's wording on its card.

Required elements, certificates, and structural requirements for court documents. This page is scoped to Southern District of California; use the court rules overview to switch categories without leaving this court.

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Proposed order
Must include
proposed order

A party wishing to use electronic or audio/visual equipment in court must lodge a proposed order seeking leave at least seven days before the appearance.

At least seven days before the relevant court appearance, a party who wishes to use any electronic or audio/visual equipment in court must lodge a proposed order seeking leave to do so.

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Proposed order

The proposed order must list all equipment and the proposed dates it will be used in court.

The proposed order must itemize all equipment along with the proposed dates for use in court.

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Certificate of conference

The certification must state the conference date and meeting type.

That certification must include the date of the meet-and-confer conference as well as the type of meeting (in person, videoconference, or other court-approved type).

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Joint statement of undisputed facts

The parties must meet and confer on and file a joint statement of undisputed facts by the reply-brief deadline.

The parties must meet and confer on a joint statement of undisputed facts. By the deadline for the reply brief, the parties must file that joint statement.

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Motion
Must include
specific facts justifying exclusion

A party seeking an ends-of-justice exclusion under the Speedy Trial Act must file a motion stating the specific facts justifying exclusion under the required factors.

Any party seeking to exclude time under the Speedy Trial Act based on the “ends of justice” must file a motion setting forth the specific facts justifying that exclusion based on the required factors.

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Proposed order
Must include
proposed order

A party wishing to use electronic or audio/visual equipment in court must lodge a proposed order seeking leave at least seven days before the appearance.

At least seven days before the relevant court appearance, a party who wishes to use any electronic or audio/visual equipment in court must lodge a proposed order seeking leave to do so.

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Proposed order

The proposed order must list all equipment and the proposed dates for its use in court.

The proposed order must itemize all equipment along with the proposed dates for use in court.

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Jury instructions

All parties must submit proposed jury instructions, verdict forms, and voir dire questions; the government must identify any jointly proposed items.

All parties must submit proposed jury instructions, verdict forms, and voir dire questions, and the government must specify which, if any, instructions, forms, and questions are jointly proposed.

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to
Motion

A sealing motion must explain in a table the grounds for sealing each redaction.

The parties must explain in a table format the grounds on which they seek to seal each redaction.

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to
Motion

A sealing motion must provide a particularized explanation for each piece of information sought to be sealed; merely reciting a general privilege category is insufficient.

Motions that merely recite a general privilege category, or that do not provide a particularized explanation for every piece of information sought to be sealed, will be summarily denied.

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to
Proposed order
Must include
proposed order

A party wishing to use electronic or audio/visual equipment in court must lodge a proposed order seeking leave at least seven days before the appearance.

At least seven days before the relevant court appearance, a party who wishes to use any electronic or audio/visual equipment in court must lodge a proposed order seeking leave to do so.

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to
Proposed order

The proposed order for courtroom equipment must itemize all equipment and state the proposed dates of use.

The proposed order must itemize all equipment along with the proposed dates for use in court.

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to
Motion
Must include
proposed order

The Court may grant a joint dismissal motion retaining jurisdiction if it includes the fully executed magistrate-judge consent and the required language in both the motion and proposed order.

But the Court may grant a joint motion to dismiss that contains a jurisdiction-retaining provision if: (i) it is accompanied by a fully executed Consent to Exercise of Jurisdiction by a United States Magistrate Judge covering all disputes arising out of the settlement agreement; and (ii) the joint motion and proposed order include this language: “The Magistrate Judge shall retain jurisdiction over all disputes between and among the parties arising out of the settlement agreement, including but not limited to the interpretation and enforcement of that agreement’s terms.”

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to
Final pretrial order

The final pretrial order must include proposed verdict forms and voir dire questions.

In addition to any other requirements, see CivLR 16.1(f)(6), the final pretrial order must include proposed verdict forms and voir dire questions.

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to
Final pretrial order

The parties must identify any portions of the final pretrial order that are not unanimously proposed.

The parties must specify which portions of the final pretrial order, if any, are not unanimously proposed.

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Motion

An objection to a magistrate judge’s discovery ruling must be filed as a motion under Civil Local Rule 7.1.

Any objection to a discovery ruling of the magistrate judge must be filed as a motion pursuant to Civil Local Rule 7.1.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Motion

The filing party should omit a hearing time and must put “NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT” in the motion caption.

Consequently, the filing party should not specify a hearing time on its motion and must include the following language in the caption of the motion: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.

Judge Benjamin J. Cheeks

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Proposed order

A continuance or extension request must be accompanied by a detailed declaration, and the proposed order must be emailed in Word format with the scheduled and proposed dates and without watermarks or firm insignia.

on the docket with a detailed declaration explaining the reasons for the requested continuance or extension of time. The parties must also e- mail a proposed order in Word format to efile_cheeks@casd.uscourts.gov. The proposed order must set forth the current date scheduled, and the new date proposed. Additionally, do not include any watermarks or firm insignia on proposed orders.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Motion
Must include
proposed order

Proposed orders must be submitted with joint and ex parte motions, except motions requiring legal analysis; the orders should be emailed in Word format without watermarks or firm insignia.

Proposed orders must be submitted simultaneously with the filing of all joint motions or ex parte motions. As stated above, do not include any watermarks or firm insignia on proposed orders. The proposed order should be emailed to efile_cheeks@casd.uscourts.gov in Word format. Counsel are not required to submit proposed orders on motions requiring legal analysis (i.e., motions for summary judgment, 12(b) motions, etc.).

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Motion

A motion for reconsideration must be filed as a noticed motion.

Movant must file the motion for reconsideration as a noticed motion;

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Motion

A reconsideration motion must address the applicable federal standard and Civil Local Rule 7.1(i)(1), and may not reallege arguments already considered and ruled upon.

The motion for reconsideration will specifically address federal standard applicable to motions for reconsideration and the requirements outlined in Civil Local Rule 7.1(i)(1), and will not reallege arguments previously considered and ruled upon by the Court;

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Summary judgment motion

Every summary judgment motion must include a separate statement of undisputed material facts.

All motions for summary judgment must be accompanied by a separate statement of undisputed material facts.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Summary judgment motion

Failure to submit the separate statement with the moving papers will result in a discrepancy order rejecting the motion as discrepant and may require a new hearing date.

If the moving party fails to submit a separate statement of undisputed material facts with the moving papers, the Court will issue a discrepancy order rejecting the motion for summary judgment to discrepant for failing to comply with this Chambers requirement. This may require the moving party to obtain a new hearing date.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Summary judgment opposition

An opposition to a summary judgment motion must respond to the moving party’s separate statement of undisputed material facts.

Any opposition to a summary judgment motion must include a response to the moving party’s separate statement of undisputed material facts.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Summary judgment opposition

Evidentiary and procedural objections to a summary judgment motion must be filed with the opposition brief.

Any evidentiary and procedural objections to the motion for summary judgment must be filed contemporaneously with the opposition brief.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Ex parte motion

Every ex parte motion must include counsel’s declaration describing contact efforts, meet-and-confer efforts, and opposing counsel’s position.

All ex parte motions will be accompanied by a declaration from counsel documenting; (1) efforts to contact opposing counsel; (2) counsel’s meet and confer efforts; and (3) opposing counsel’s position regarding the ex parte motion.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Motion to seal

A motion to seal must identify the documents or portions sought to be sealed, explain the applicable legal standard and its satisfaction, and include supporting affidavits or declarations.

Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); and (3) affidavits or declarations in support of the motion.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Stipulation

All stipulations must be filed as joint motions.

Pursuant to Section 2(f)(4) of the ECF Manual, all stipulations must be filed as joint motions.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Joint motion

A joint motion has legal effect only if signed by the Court.

Joint motions must be signed by the Court to have legal effect.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Pretrial order

The parties must email chambers a joint proposed pretrial order at least 14 days before the pretrial conference.

Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email to chambers (efile_cheeks@casd.uscourts.gov) a joint proposed pretrial order at least fourteen (14) days before the pretrial conference.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Pretrial order

The proposed pretrial order must strictly comply with Civil Local Rule 16.1(f)(6)(c).

The proposed pretrial order must strictly comply with the requirements set forth in Civil Local Rule 16.1(f)(6)(c).

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Joint pretrial conference order
Must include
proposed order

The parties must file proposed jury instructions and verdict forms with their joint pretrial conference order and email a Word-format copy, unless the Court orders otherwise.

The parties must file proposed jury instructions and verdict forms with their joint pretrial conference order, unless otherwise ordered by the Court and email a copy in Word format to efile_cheeks@casd.uscourts.gov.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Jury instructions

Counsel must meet and confer and submit one joint set of agreed jury instructions, plus a separate set of proposed instructions to which there is an objection.

Counsel must meet and confer and submit a joint set of agreed jury instructions. Counsel must also submit a separate set of any instructions they propose to which there is an objection.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Reply brief

A party must obtain leave of court to file a reply brief or other supplemental document concerning a pending motion.

If a party wishes to file a reply brief or other supplemental documents in support of, or in opposition to, a pending motion, the party must seek leave of court to do so.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Motion

The motion or application and its accompanying declaration must be non-conclusory and explain the specific reasons for the request in detail.

The motion/application and accompanying declaration must be non-conclusory and must plainly set forth (in detail) the specific reasons for the request.

Judge Benjamin J. Cheeks

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Application to shorten time

Applications to shorten time are disfavored and must include a non-conclusory affidavit signed by counsel stating facts establishing specific good cause.

Applications for an order shortening time are disfavored, however, must be supported by a non- conclusory affidavit signed by counsel setting forth facts establishing specific good cause.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Motion

A criminal motion requiring a predicate factual finding must be supported by one or more declarations.

Criminal motions requiring a predicate factual finding must be supported by declaration(s). See CrimLR 47.1.g.1.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Application for court order

Counsel seeking probation-office documents must first confer with the probation officer and, if there is no objection, apply for a court order authorizing release.

Where counsel wish to access documents in the possession of the United States Probation Office in connection with sentencing, they must confer with the probation officer to determine what documents are in fact available and whether the probation officer has any objection to their disclosure. Where no objection exists, counsel must then file an application for a court order authorizing the probation officer to release the documents.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Sentencing letters

A party may not submit more than ten sentencing letters without leave of Court.

No party shall submit more than ten sentencing letters without leave of Court.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Sentencing memorandum

When the parties waive a presentence report, Government counsel must file a sentencing memorandum addressing the offenses and supervised-release recommendations, except in illegal-entry cases.

Where the parties waive a presentence report, except those where the charge is illegal entry, Government counsel must file a sentencing memorandum detailing: (1) the circumstances of the offense(s), and (2) any recommendations for supervised release.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Motion to seal

A motion to seal must identify the material sought to be sealed, explain the applicable legal standard and its application, include supporting affidavits or declarations and the documents to be sealed, and state the next scheduled hearing date.

Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); (3) affidavits or declarations in support of the motion; and (4) the documents to be sealed. The motion must state the date of the next scheduled hearing in the case.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Jury instructions

Counsel must meet and confer, submit one joint set of agreed jury instructions, and separately submit proposed instructions that are objected to.

Counsel must meet and confer and submit a joint set of agreed jury instructions. Counsel must also submit a separate set of any instructions they propose to which there is an objection.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Motion

Motions and joint motions to modify or terminate supervised release must state the positions of the U.S. Attorney’s Office and the supervising U.S. Probation Officer.

Motions and Joint Motions to Modify or Terminate supervised release conditions or the term, must include a statement regarding the positions of the United States Attorney’s Office and the United States Probation Officer supervising the defendant.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Jury instructions

Proposed jury instructions must be filed 14 days before trial unless the Court orders otherwise, and a Word copy must be emailed to the specified address.

The parties must file proposed jury instructions fourteen (14) days prior to the date of trial, unless otherwise ordered by the Court and email a copy in Word to efile_Montenegro@casd.uscourts.gov.

Judge Ruth Bermudez Montenegro

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Jury instructions

Counsel must meet and confer, submit agreed instructions jointly, and submit separately instructions to which there is an objection.

Counsel must meet and confer and submit a joint set of agreed instructions. Counsel must also submit a separate set of any instructions they propose to which there is an objection.

Judge Ruth Bermudez Montenegro

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Jury instructions

The joint packet must include the full text of form preliminary, general, and concluding instructions with citations to the Ninth Circuit Criminal Model Jury Instructions.

With respect to form preliminary instructions, general instructions, or concluding instructions, counsel shall include in their joint packet the full text of these instructions with citation to the Ninth Circuit Manual of Model Jury Instructions (Criminal).

Judge Ruth Bermudez Montenegro

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Jury instructions

Disputed instructions must use the specified designation with blanks and brackets completed, and all versions of the same instruction must share a number.

Each disputed instruction shall be identified as “Disputed Instruction No. ____ Re ____________ Offered by _________________,” with the blanks and brackets filled in as appropriate. All disputed versions of the same instruction shall bear the same number.

Judge Ruth Bermudez Montenegro

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Jury instructions

A proposed modification to a statutory or Ninth Circuit model instruction must specifically state the modification and supporting authority.

The Court will accept other proposed jury instructions, but 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.

Judge Ruth Bermudez Montenegro

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Jury instructions

A party seeking an instruction the Court omitted must affirmatively re-request it on the record or in writing.

If a party wishes to request an instruction that the Court has chosen to omit, it must affirmatively re-request it either on the record or in writing in order to give the Court a fair opportunity to correct any error.

Judge Ruth Bermudez Montenegro

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Verdict forms

Proposed verdict forms must be filed 14 days before trial unless the Court orders otherwise, and a Word copy must be emailed to the specified address.

The parties must file proposed verdict forms fourteen (14) days prior to the date of trial, unless otherwise ordered by the Court and email a copy in Word to efile_Montenegro@casd.uscourts.gov.

Judge Ruth Bermudez Montenegro

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Verdict forms

The parties must email the verdict form in Word format to the Court’s specified email address.

The parties shall also email the verdict form in Word format to the Court’s email address at efile_montenegro@casd.uscourts.gov.

Judge Ruth Bermudez Montenegro

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Exhibit index

Counsel must submit a thumb-drive index of admitted exhibits, with each exhibit’s number and a brief, nonargumentative description.

Counsel must also prepare and submit on a thumb drive an index of all exhibits admitted into evidence. Such index should include the exhibit number and a brief, nonargumentative description of each exhibit (e.g., January 2, 2024 Cell Phone Video).

Judge Ruth Bermudez Montenegro

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Exhibit

Before publishing an exhibit to the jury, counsel must move for its admission or allow the Court to ask whether the opposing side objects to publication.

Before publishing an exhibit to the jury, counsel must either move for admission of the exhibit or allow the Court to inquire whether the opposing side has any objection to publication.

Judge Ruth Bermudez Montenegro

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to
Joint mediation plan

For a continuance sought to pursue private mediation, the parties must lodge a Joint Mediation Plan by email on the day they file the joint motion, stating the mediation date, mediator, agreed informal discovery, and exchange deadline.

Should the parties request a continuance based on the plan to pursue private mediation, in addition to the joint motion outlined above, the parties shall also lodge (not file) a Joint Mediation Plan via email at efile_goddard@casd.uscourts.gov on the same date they filed the joint motion. The joint plan must state: A. The firm date of mediation; B. The identity of the mediator; C. A complete list of informal discovery the parties agree to exchange before mediation; and D. A firm deadline by which the parties will exchange the informal discovery.

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to
Protective order

A protective order submitted for signature must require a court order before sealing, service of any sealing application on opposing counsel and any different custodian, and notice to the judge’s chambers if an opposition will be filed.

Any protective order submitted for the Court’s signature must contain the following two provisions: 1. No document shall be filed under seal unless counsel secures a court order allowing the filing of a document, or portion thereof, under seal. An application to file a document under seal shall be served on opposing counsel, and on the person or entity that has custody and control of the document, if different from opposing counsel. If opposing counsel, or the person or entity who has custody and control of the document, wishes to oppose the application, they must contact the chambers of the judge who will rule on the application to notify the Court that an opposition to the application will be filed.

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Settlement offer response

Before the Meet and Confer discussion, the defendant must provide the plaintiff a written response stating a specific offer amount.

The defendant must respond to the plaintiff in writing with a specific offer amount prior to the Meet and Confer discussion.

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Settlement conference statement

The Settlement Conference Statement must address the suit’s facts, claims and defenses, procedural history and motions, undisputed facts, disputed facts and relevant evidence, and discrete issues that could facilitate resolution.

The Settlement Conference Statement shall include the following: A. Substance of the Suit 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, their 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.

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Joint case management statement

The Joint Case Management Statement must address jurisdiction and service, facts, disputed legal issues, motions, anticipated pleading amendments, Rule 26(f) checklist review and disputes, and initial disclosure compliance.

The parties must file a Joint Case Management Statement no later than ten calendar days before the initial Case Management Conference scheduled pursuant to CivLR 16.1.d that includes the following information: 1. Jurisdiction and Service: The basis for this Court’s subject matter jurisdiction over plaintiff’s claims and defendant’s counterclaims; whether any parties remain to be served; and a proposed deadline for service if any parties remain to be served. 2. Facts: A brief chronology of the facts and a statement of the principal factual issues in dispute. 3. Legal Issues: A brief statement, without extended legal argument, of the disputed points of law, including citations to specific statutes and relevant cases. 4. Motions: All past and pending motions relating to this case, their current status, and any anticipated future motions. 5. Amendment of Pleadings: The extent to which current parties, claims, or defenses are expected to be modified (i.e., added or dismissed), and a proposed deadline for amending the pleadings. 6. Checklist for Rule 26(f) Conference: A certification that the parties have reviewed the Court’s Checklist for Rule 26(f) Conference, which can be found at https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Rule%2026(f)% 20Conference%20Checklist.pdf, and a summary of any actual or anticipated disputes regarding items on the Checklist. 7. Disclosures: Whether there has been full and timely compliance with the initial disclosure requirements of Fed. R. Civ. P. 26(a)(1).

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Joint case management statement

The Joint Case Management Statement must address discovery, related cases, requested relief and damages, settlement discussions, proposed scheduling dates, trial mode and length, applicable interested-entity disclosures, attorney professional conduct, patent-case issues, and other matters that may facilitate disposition.

8. Discovery: Discovery served to date, if any, and any proposed limitations or modifications of the discovery rules 9. Related Cases: Any related cases or proceedings pending before another judge of this Court, or before another court or administrative body. 10: Relief: All relief sought through complaint or counterclaim, including the amount of any damages sought and a description of the bases on which damages should be calculated. Additionally, any party from whom damages are sought must describe the bases upon which it contends damages should be calculated if liability is established. 11. Settlement: Summary of any formal or informal settlement discussions, including dates, participants, and outcomes. 12. Scheduling: Proposed dates for expert disclosures, discovery and motion cutoffs, pretrial conference, and trial. 13. Trial: Whether the case will be tried to a jury or to the Court, and the expected length of the trial. 14. Disclosure of Non-Party Interested Entities or Persons: If applicable, whether each party has filed a Notice of Party with Financial Interest required by CivLR 40.2. 15. Professional Conduct: Confirmation that all attorneys who will be listed in the pleadings or motions for any party have reviewed CivLR 2.1 and agree to abide by the Court’s Code of Conduct. 16. Patent Cases: Proposed modifications to the deadlines provided in the Patent Local Rules; the need for, and specific limits on, discovery relating to claim construction; and whether there is a need to phase damage discovery. 17. Other Matters: Any other matters that may facilitate the just, speedy, and inexpensive disposition of this matter.

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Rule 11 plea form
Must include
signature block

Counsel must have the client sign the written consent to the Rule 11 plea form before the scheduled hearing.

Counsel shall have the written consent to Rule 11 Plea form signed by their client prior to the scheduled hearing.

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Waiver of indictment
Must include
signature block

Counsel must have the client sign the written Waiver of Indictment before the hearing and provide it to the Courtroom Deputy before the calendar begins.

Counsel shall have the written Waiver of Indictment signed by their client prior to the scheduled hearing and shall provide it to the Courtroom Deputy prior to the commencement of the calendar.

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Joint motion
Must include
signature block

Written stipulations for modifying bail conditions are accepted when submitted as a joint motion signed by all counsel, the defendant, the bond sureties, and the supervising Pretrial Services Officer.

The Court will accept written stipulations for modification of bail conditions if they are in the form of a “joint motion”signed by all counsel, the defendant, the bond sureties, and the Pretrial Services Officer supervising the defendant.

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Joint motion
Must include
proposed order

The joint motion must include a copy of the Order of Conditions of Release, and the filing party must submit a separate proposed order for the judge’s signature.

A copy of the Order of Conditions of Release must be attached to the joint motion and the filing party must submit a separate proposed order for the judge to sign.

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Bond documents

Counsel must present all bond documents in the Court-approved form to Judge Goddard’s CRD for review before bringing them to chambers.

Counsel must present all bond documents in the form approved by the Court to Judge Goddard's CRD for review before bringing them to chambers.

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Bond documents

Bond documents must include the applicable Order of Conditions of Release.

The bond documents must include a copy of the Court’s Order of Conditions of Release applicable to the defendant.

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026CRITICAL

Criminal cases

Applies to
Material witness bond

Material witness bonds must be presented to Judge Goddard’s CRD for review.

Material witness bonds must also be presented to Judge Goddard’s CRD for review.

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to
Proposed esi order

Any proposed ESI order must recognize the Court’s authority to modify its terms for good cause later in the litigation.

The parties must include language in any proposed ESI order that recognizes the Court’s authority to modify the terms of the order for good cause at later stages of the litigation.

Magistrate Judge Barbara L. Major

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Guardianship or conservatorship letters

A certified copy of the guardianship or conservatorship letters must be filed in federal court before settlement funds are distributed.

LR 17.1(b)(2) requires that a certified copy of the guardianship or conservatorship “letters” be filed in federal court before the settlement funds are distributed.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Trust

A copy of the trust must be filed with the federal court before settlement proceeds are distributed.

A copy of the trust must be filed with the federal court before settlement proceeds are distributed.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Proposed order

The petitioner’s attorney must submit a proposed order that complies with the rule and California Probate Code § 3600 et seq. and includes the specified bond, accounting, and—if applicable—Special Needs Trust provisions.

A Proposed Order must be submitted by the attorney for the petitioner and must comply with the requirements of this rule and California Probate Code § 3600, et seq., and include the following: i. An order for the appropriate bond; ii. An order that the first accounting, if required, be filed within one year of the establishment of the trust with the San Diego Superior Court. If the recipient of the money or property is not a California resident, the accounting must be made to the appropriate court in the jurisdiction where the minor or incompetent resides; iii. If the order is for the approval of the terms of a Special Needs Trust, it should contain: (A) A statement that the petitioner will provide proof that all liens have been satisfied prior to the 13

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Proposed order

The order must approve the trust terms and set them out in full within the order rather than in an attachment; the parties are directed to proceed with settlement approval hearings or entry of judgment as appropriate.

iv. The order must provide that the terms of the trust are approved, and those terms will be fully set forth within said Order, not as an attachment. The parties are further directed to proceed with settlement approval hearings or the entry of judgment as appropriate. See Appendix E for a sample order.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Order approving trust

The order approving the trust must require the first accounting to be filed within one year of trust establishment in the appropriate state court.

LR 17.1(b)(4)(B)(iii) requires that the order approving the trust include a provision that the first accounting be filed within one year of the establishment of the trust with the San Diego Superior Court for California residents, or other appropriate court for non-residents.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Special Needs Trust matters require specialized language and 15 days’ notice to the appropriate government agencies to protect public benefits.

Specialized language and fifteen (15) days’ notice to the appropriate government agencies are essential to ensure that public benefits (Medi-Cal, Medicaid or SSI), otherwise payable, are not lost.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

The Court must make the specific findings required by Probate Code § 3604(b).

The Court must make specific findings pursuant to Probate Code § 3604(b).

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Petition for approval and proposed order

The Petition for Approval and any proposed order must comply with L.R. 17.1.

The Petition for Approval and any proposed order must comply specifically with L.R. 17.1. See, Section C.1., supra. in this regard.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Order approving trust
Must include
proposed order

The trust-approval order must require the first accounting to be filed within one year of establishing the SNT in the appropriate state court.

LR 17.1(b)(4)(B)(iii) requires that the order approving the trust include a provision that the first accounting be filed within one year of the establishment of the SNT with the San Diego Superior Court for California residents, or other appropriate court for non-residents.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Petition

Each successive settlement requires a new LR 17.1 petition and renewed notice to the public agency.

In each settlement, however, a new petition pursuant to LR 17.1 must be filed and notice must be again provided to the public agency.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Petition

Each subsequent settlement requires a new LR 17.1 petition and notice to the public agency.

For any subsequent settlement, however, a new petition pursuant to LR 17.1 must be filed and notice must be provided to the public agency.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Settlement or termination
Must include
proposed order

An action involving a minor or incompetent cannot be settled, discontinued, dismissed, or terminated without a court order or judgment.

No action by or on behalf of a minor or incompetent will be settled, compromised, voluntarily discontinued, dismissed or terminated without court order or judgment.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
State court certificate

The state court certificate must verify that the guardian filed a surety bond in an amount determined by the court.

The certificate will verify that the guardian has filed a surety bond in an amount to be determined by the court.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Ex parte petition
Must include
proposed order

If a minor's or incompetent's money or property will be held in trust, the proposed trust instrument must be submitted to a magistrate judge by ex parte petition for review and approval before settlement approval or entry of judgment.

Should money or property be held in a trust for a minor or an incompetent, the proposed trust instrument must be submitted to a magistrate judge on an ex parte petition for review and approval before the settlement is approved or the judgment is entered.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Settlement order

When a Special Needs Trust is involved, a copy must be attached and the order must state that the trust terms and provisions are approved.

Where a Special Needs Trust is involved, attach a copy of the trust, and have a statement in the order as to the approval of the Trust terms and provisions;

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Settlement order

The order must state that the Special Needs Trust is subject to California Probate Code Sections 3604 and 3605 and 42 U.S.C. 1396(d)(4)(A).

A statement the Special Needs Trust will be subject to the provisions and requirements of California Probate Code Sections 3604 and 3605 as well as 42 U.S.C. 1396(d)(4)(A).

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Proposed order
Must include
proposed order

The petitioner’s attorney must submit a compliant proposed order containing the specified bond, accounting, and trust-approval provisions, including special provisions for Special Needs Trusts.

A Proposed Order must be submitted by the attorney for the petitioner and must comply with the requirements of this rule and California Probate Code §3600, et seq. and include the following: 1. An order for the appropriate bond; 2. An order that the first accounting, if required, be filed within one year of the establishment of the trust with the San Diego Superior Court. If the recipient of the money or property is not a California resident, the 45 ===== PAGE 46 ===== accounting must be made to the appropriate court in the jurisdiction where the minor or incompetent resides; 3. If the order is for the approval of the terms of a Special Needs Trust, it should contain: a. A statement that the petitioner will provide proof that all liens have been satisfied prior to the establishment of the trust by the court; and, b. A statement that the “court makes no specific finding or order with respect to whether the Special Needs Trust for the Benefit of satisfies or complies with applicable federal laws or regulations” 4. The order will provide that the terms of the trust are approved, and those terms will be fully set forth within said order, not as an attachment. The parties are further directed to proceed with settlement approval hearings or the entry of judgment as appropriate.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Trust document filing

Before any distribution to the trust, the approved executed trust document and certification that any court-ordered surety bond is in force must be filed with the court.

A copy of the executed trust document, as approved pursuant to this rule, along with a certification by the that any court ordered surety bond is in force, must be filed with the court prior to any distribution to the trust.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to
Guardian ad litem application

A guardian ad litem application must include form CIV-383 stating whether each of the listed circumstances applies.

Guardian Ad Litem applications must include San Diego Superior Court form CIV-383 stating whether: a) the minor is subject of a juvenile dependency proceeding; b)the minor is the subject of probate guardianship; c) the proposed guardian is also asserting individual claims or defenses in the proceeding; and d) all of the minor’s parents have been given notice of this proceeding.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to
Signed order

A party bringing approved equipment into the courthouse must present the signed order to security personnel.

When approved equipment is brought into the courthouse, the signed order must be presented to security personnel.

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to
Joint motion to dismiss
Must include
proposed order

The Court typically will not retain jurisdiction after settlement, but may do so on a joint motion accompanied by the specified executed consent and containing the required language in both the motion and proposed order.

Typically, the Court will not retain jurisdiction of a settled case. But the Court may grant a joint motion to dismiss that contains a jurisdiction-retaining provision if: (i) it is accompanied by a fully executed Consent to Exercise of Jurisdiction by a United States Magistrate Judge covering all disputes arising out of the settlement agreement; and (ii) the joint motion and proposed order include this language: “The Magistrate Judge shall retain jurisdiction over all disputes between and among the parties arising out of the settlement agreement, including but not limited to the interpretation and enforcement of that agreement’s terms.”

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to
Separate statement of undisputed material facts

The separate statement should use a table, individually enumerate each fact, and cite supporting evidence in the record.

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

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to
Pretrial order

All parties must cooperate in completing the proposed pretrial order.

All parties are required to cooperate in completing the proposed pretrial order.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to
Motion

Motions in limine are limited to evidentiary issues and may not seek judgment on the pleadings, summary judgment or adjudication, Daubert relief, leave to amend, or bifurcation.

Motions in limine must be limited in scope to evidentiary issues. Motions for judgment on the pleadings, summary judgment or summary adjudication, Daubert, and leave to amend or for bifurcation are not proper in limine motions.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026WARNING

Criminal cases

Applies to
Reply brief

Local Rule 47.1 provides no reply briefs and does not provide for supplemental filings before a scheduled motion hearing.

There is no provision for reply briefs in Local Rule 47.1, and the briefing schedule set forth by the rule does not accommodate the filing of any supplemental documents prior to a scheduled motion hearing.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026WARNING

Criminal cases

Applies to
Motion

The Court need not grant an evidentiary hearing if either party fails to properly support its motion or opposition.

The Court need not grant an evidentiary hearing where either party fails to properly support its motion or opposition.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026WARNING

Criminal cases

Applies to
Mandatory and standard conditions of supervised release

In felony matters, defense counsel is expected to read and explain the supervised-release conditions to the client and provide the client a copy before sentencing.

The Court expects defense counsel, in any felony matter, to read, explain, and provide their client with a copy of the Mandatory and Standard Conditions of Supervised Release prior to sentencing.

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026WARNING

Criminal cases

Applies to
Jury instructions

Each stipulated instruction should include a citation to the Ninth Circuit Manual of Model Jury Instructions or other authority.

Even if the parties stipulate to the instruction, each instruction should be accompanied by a citation to the Ninth Circuit Manual of Model Jury Instructions and/or other authority.

Judge Ruth Bermudez Montenegro

Checked against the court's document on Oct 4, 2026WARNING

Criminal cases

Applies to
Jury instructions

A party without a counter-instruction that contends no version should be given should state that position on a separate page in logical sequence instead of submitting an alternate version.

If one party offers an instruction and the opposing party does not have a counter version to that instruction (and simply contends that no such instruction in any version should be given), that party should so state on a separate page inserted in logical sequence in lieu of an alternate version.

Judge Ruth Bermudez Montenegro

Checked against the court's document on Oct 4, 2026WARNING

Applies to
Joint motion

A joint motion should state that the other parties do not oppose if only one party is requesting relief.

If only one party is making the request and the other party or parties do not oppose, they should indicate that in the joint motion.

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026WARNING

Applies to
Joint motion

Opposing parties should state their position in the joint motion.

If the other party or parties oppose the request, they should set forth their position in the joint motion.

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to
Settlement conference statement

The parties should not file or copy the Court on settlement-proposal exchanges; instead, they must include their written proposals in their Settlement Conference Statements.

The parties should not file or otherwise copy the Court on these exchanges. Rather, the parties must include their written settlement proposals in their respective Settlement Conference Statements to the Court.

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026WARNING

Applies to
Joint case management statement

The Joint Case Management Statement should summarize actual or anticipated disputes in each Checklist area.

The Court expects the parties to summarize any actual or anticipated disputes in each area of the Checklist in their Joint Case Management Statement.

Magistrate Judge Barbara L. Major

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to
Ex parte petition for approval of terms of trust

The Ex Parte Petition for Approval of Terms of Trust should generally include the petitioner’s identity, settlement and trust amounts and terms, relevant circumstances and needs, a suggested bond amount, and any other required information.

a. The Ex Parte Petition For Approval of Terms of Trust should generally contain the following information: i. Identity of the petitioner; ii. The terms and total amount of the settlement and the amount to go into the trust; iii. The circumstances giving rise to the settlement or judgment, and a general description of the plaintiff’s injuries and needs; iv. Suggested amount of bond; v. Any other information that may be required.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to
Proposed order

A proposed order approving a Special Needs Trust should include the specified statement that the court makes no finding or order about the trust’s compliance with applicable federal laws or regulations.

(B) A statement that the “court makes no specific finding or order with respect to whether the Special needs trust for the Benefit of satisfies or complies with applicable federal laws or regulations.”

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to
Proof of payment

If the plaintiff’s attorney pays a lien, the court may require proof of payment to be filed within a prescribed period.

Where payment is made by the plaintiff’s attorney, the court could require the filing of proof of payment with the court, within a prescribed period, to protect the interests of the plaintiff.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to
Petition to approve minor compromise

When reimbursement is requested, the petition should include a detailed listing of the attorney’s or guardian ad litem’s costs.

The petition to approve the minor’s compromise should provide a detailed listing of the costs of the attorney or guardian ad litem when reimbursement is requested.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to
Petition to approve minor compromise

The petition should include a detailed listing of third-party liens.

The petition to approve the minor’s compromise should provide a detailed listing of the third-party liens.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to
Settlement approval

A settlement involving creation of an SNT must follow the procedures for trust approval.

Where a litigant seeks approval of a settlement and the creation of an SNT, the same procedures for approval of the trust must be followed.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to
Settlement order

The order must state that the court makes no specific finding or order about whether the Special Needs Trust complies with applicable federal laws or regulations.

A statement that the “court makes no specific finding or order with respect to whether the Special Needs Trust for the Benefit of satisfies or complies with applicable federal laws or regulations”

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to
Ex parte petition for approval of terms of trust

The petition should generally include the petitioner’s identity, settlement details, circumstances and plaintiff needs, a suggested bond amount, applicable Special Needs Trust allegations, and any other required information.

The Ex Parte Petition for Approval of Terms of Trust should generally contain the following information: 1. Identity of the petitioner; 2. The terms and total amount of the settlement and the amount to go into the trust; 3. The circumstances giving rise to the settlement or judgment, and a general description of the plaintiff’s injuries and needs; 4. Suggested amount of bond; 5. If for a Special Needs Trust, the petition should make the allegations to support the determinations required under California Probate Code §3604(b) for the establishment of the trust; and, 6. Any other information that may be required.

Senior Judge Anthony J. Battaglia

Checked against the court's document on Oct 4, 2026INFO

Criminal cases

Applies to
Notice and evidence disclosure

Notices and evidence disclosures include specified Rule 404(b) and 609(b) notices, expert reports, Rule 12.1 alibi-defense demands, and similar items.

* Notices and evidence disclosures include notice under Federal Rules of Evidence 404(b) and 609(b), expert reports, Federal Rule of Criminal Procedure 12.1 alibi-defense demands, and the like.

Judge Andrew G. Schopler

Checked against the court's document on Oct 4, 2026INFO

Civil cases

Applies to
Motion

Counsel need not submit proposed orders for motions requiring legal analysis, including summary judgment and Rule 12(b) motions.

Counsel are not required to submit proposed orders on motions requiring legal analysis (i.e., motions for summary judgment, 12(b) motions, etc.).

Judge Benjamin J. Cheeks

Checked against the court's document on Oct 4, 2026INFO

Criminal cases

Applies to
Verdict forms

Parties intending to use a special verdict form should meet and confer to try to submit a joint proposal.

If the parties intend to use a special verdict form, they should meet and confer in an effort to submit a joint proposed special verdict form.

Judge Ruth Bermudez Montenegro

Checked against the court's document on Oct 4, 2026INFO

Criminal cases

Applies to
Verdict forms

If the parties cannot agree on a proposed special verdict form, they may submit separate proposals.

If the parties cannot agree on a proposed special verdict form, they may submit separate proposals.

Judge Ruth Bermudez Montenegro

Checked against the court's document on Oct 4, 2026INFO

Applies to
Protective order

The Court may modify a protective order on its own initiative in the interests of justice or for public policy reasons.

The Court may modify the protective order sua sponte in the interests of justice or for public policy reasons.

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026INFO

Civil cases

Applies to
Confidential settlement letter

Parties are permitted, but not required, to lodge updated Confidential Settlement Letters in accordance with Section 7.

The parties may also lodge updated Confidential Settlement Letters in accordance with Section 7.

Magistrate Judge Allison H. Goddard

Checked against the court's document on Oct 4, 2026INFO

Civil cases

Applies to
Initial disclosures

The Court recommends producing documents with Initial Disclosures instead of merely identifying them.

The Court recommends that parties produce documents with their Initial Disclosures, rather than just identify documents.

Magistrate Judge Allison H. Goddard

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to
Motion to exclude time ?

Speedy Trial Act/“Ends of Justice”: Any party seeking to exclude time under the Speedy Trial Act based on the “ends of justice” must file a motion setting forth the specific facts justifying that exclusion based on the required factors. See 18 U.S.C. § 3161(h)(7)(B).

Summary: A party seeking to exclude time under the Speedy Trial Act on 'ends of justice' grounds must file a motion setting forth specific facts justifying the exclusion based on the required statutory factors (18 U.S.C. § 3161(h)(7)(B)).

Judge Andrew G. Schopler

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to
Pretrial filing ?
Must include
certificate of conference ?

Certificate of Compliance: The filing party must include a certification or declaration documenting that this rule has been satisfied. That certification must include the date of

Summary: The filing party must include a certification or declaration documenting that the meet-and-confer requirement was satisfied, including the date of the meeting.

Judge Andrew G. Schopler

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to
Jury instructions

All parties must submit proposed jury instructions, verdict forms, and voir dire questions, and the government must specify which, if any, instructions, forms, and questions are jointly proposed. If the defense requests nothing beyond the joint submissions, the defense need not file anything.

Summary: All parties must submit proposed jury instructions, verdict forms, and voir dire questions; the government must identify jointly proposed items, and the defense need not file if it requests nothing beyond the joint submissions.

Judge Andrew G. Schopler

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to
Discovery dispute conference request email ?

The e-mail must include: (1) at least three proposed times mutually agreed upon by the parties for the telephonic conference; (2) a neutral statement of the dispute; and (3) one sentence describing (not arguing) each parties' position.

Summary: The discovery dispute conference request e-mail must include at least three mutually agreed proposed telephonic conference times, a neutral statement of the dispute, and a one-sentence (non-argumentative) description of each party's position.

Judge James E. Simmons, Jr.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to
Joint discovery motion
Must include
certificate of conference ?

The Joint Discovery Motion must include the following: 1. The exact wording of the discovery request or deposition question in dispute, and the exact response to the request or question; 2. An explanation as to why the response is inadequate, what relief the moving party seeks, and legal authority supporting the motion; 3. A statement by the responding party as to the basis for all objections and/or claims of privilege; and 4. A declaration from counsel of record establishing compliance with the meet and confer requirement.

Summary: Joint Discovery Motions must include the exact disputed request and response, an explanation of inadequacy with requested relief and legal authority, the responding party's basis for objections/privilege, and a declaration of meet-and-confer compliance.

Judge James E. Simmons, Jr.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to
Stipulated protective order joint motion ?

All stipulated protective orders submitted for the Court's approval must be filed as a joint motion.

Summary: Stipulated protective orders must be submitted for approval as a joint motion.

Judge James E. Simmons, Jr.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to
Stipulated protective order joint motion ?

The joint motion must contain a statement as to whether the parties adopted the Model Protective Order.

Summary: The joint motion for a stipulated protective order must state whether the parties adopted the Model Protective Order.

Judge James E. Simmons, Jr.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to
Stipulated protective order joint motion ?

If the parties' proposed language differs from the Model Protective Order, the joint motion must explain the basis for the proposed changes and contain an attachment with a redlined copy of the proposed protective order highlighting the changes.

Summary: If the proposed protective order deviates from the Model Protective Order, the joint motion must explain the basis for the changes and attach a redlined copy highlighting them.

Judge James E. Simmons, Jr.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to
Proposed stipulated protective order
Must include
judge name ?

The parties must also lodge a Word version of the proposed stipulated protective order containing the language of the stipulated protective order, the parties' electronic signatures, and a signature line for Judge Rodriguez.

Summary: Parties must lodge a Word version of the proposed stipulated protective order containing its language, the parties' electronic signatures, and a signature line for Judge Rodriguez.

Judge James E. Simmons, Jr.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to
Stipulated protective order

Additionally, all stipulated protective orders submitted for the Court's approval must include the following provisions: A. Modification of the Protective Order by the Court. The Court may modify the Protective Order in the interests of justice or for public policy reasons.

Summary: All stipulated protective orders must include a provision stating the Court may modify the protective order in the interests of justice or for public policy reasons.

Judge James E. Simmons, Jr.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to
Declaration in support of ex parte motion ?

Further, declaration(s) in support of the ex parte motion must describe meet and confer efforts made to resolve the dispute without the Court's intervention.

Summary: Declarations submitted in support of an ex parte motion must describe the meet and confer efforts made to resolve the dispute without court intervention.

Judge James E. Simmons, Jr.

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to
Stipulated protective order ?

Any protective order submitted for the Court's signature must contain the following two provisions: 1. No document shall be filed under seal unless counsel secures a court order allowing the filing of a document, or portion thereof, under seal. An application to file a document under seal shall be served on opposing counsel, and on the person or entity that has custody and control of the document, if different from opposing counsel. If opposing counsel, or the person or entity who has custody and control of the document, wishes to oppose the application, they must contact the chambers of the judge who will rule on the application to notify the Court that an opposition to the application will be filed. 2. The Court may modify the protective order sua sponte in the interests of justice or for public policy reasons.

Summary: A stipulated protective order submitted for signature must contain the two required sealing and marginal save clauses.

Magistrate Judge Allison H. Goddard

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to
Notice of settlement

If the parties reach a settlement, counsel must promptly file a Notice of Settlement or an appropriate Motion to Dismiss.

Summary: Counsel must promptly file a Notice of Settlement, or alternatively a Motion to Dismiss, once a settlement is reached.

Magistrate Judge Allison H. Goddard

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to
Motion to modify bail

Any Motion to Modify Bail must include the consent or position of the U.S. Attorneys Office, the sureties and the assigned Pretrial Services Officer.

Summary: A motion to modify bail must include the consent or position of the USAO, sureties, and the assigned Pretrial Services Officer.

Senior Judge Anthony J. Battaglia

The quote is in the court's document. The summary is not checked yet.WARNING?

Criminal cases

Applies to
Proposed order

The proposed order must itemize all equipment along with the proposed dates for use in court. When approved equipment is brought into the courthouse, the signed order must be presented to security personnel.

Summary: The proposed order for A/V equipment must itemize all equipment and proposed court-use dates, and the signed order must be shown to security personnel when equipment is brought into the courthouse.

Judge Andrew G. Schopler

The quote is in the court's document. The summary is not checked yet.WARNING?

Criminal cases

Applies to
Sentencing letter ?

The parties are welcome to submit letters in support of their sentencing recommendations, but each party is limited to no more than five such letters. Additional letters may be submitted to the Probation Office, so that they may be summarized in the presentence report. Or the parties may summarize such additional letters in their sentencing memoranda.

Summary: Each party may submit no more than five sentencing letters; additional letters may go to the Probation Office for summarization or be summarized in sentencing memoranda.

Judge Andrew G. Schopler

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Applies to
Joint mediation plan

Should the parties request a continuance based on the plan to pursue private mediation, in addition to the joint motion outlined above, the parties shall also lodge (not file) a Joint Mediation Plan via email at efile_goddard@casd.uscourts.gov on the same date they filed the joint motion. The joint plan must state: A. The firm date of mediation; B. The identity of the mediator; C. A complete list of informal discovery the parties agree to exchange before mediation; and D. A firm deadline by which the parties will exchange the informal discovery.

Summary: A continuance based on private mediation requires lodging, not filing, a Joint Mediation Plan by email the same day as the joint motion, with the mediation date, mediator, informal discovery list, and exchange deadline.

Magistrate Judge Allison H. Goddard

The quote is in the court's document. The summary is not checked yet.INFO?

Civil cases

Applies to
Stipulated protective order

The Court is willing to retain jurisdiction to enforce the terms of the stipulated protective order for one year. If the parties want the Court to retain jurisdiction, the stipulated protective order should include the following language: "Continuing Jurisdiction. The Court shall retain jurisdiction for a period of one (1) year after the conclusion of this action to enforce the terms of the Protective Order."

Summary: If the parties want the Court to retain jurisdiction to enforce the stipulated protective order for one year, the order should include the specified Continuing Jurisdiction language.

Judge James E. Simmons, Jr.

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to
Motion to seal ?

The parties must explain in a table format the grounds on which they seek to seal each redaction.

Summary: A motion seeking to seal redactions must explain the grounds for each redaction in a table.

Judge Andrew G. Schopler

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to
Motion ?
Must include
certificate of conference ?

The moving party must include a certification or declaration documenting that this rule has been satisfied.

Summary: The moving party must include a certification or declaration documenting compliance with the meet-and-confer rule.

Judge Andrew G. Schopler

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to
Final pretrial order

In addition to any other requirements, see CivLR 16.1(f)(6), the final pretrial order must include proposed verdict forms and voir dire questions. The parties must specify which portions of the final pretrial order, if any, are not unanimously proposed.

Summary: The final pretrial order must include proposed verdict forms and voir dire questions and identify any portions that are not unanimously proposed.

Judge Andrew G. Schopler

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to
Motion to exclude time ?
Must include
specific facts justifying exclusion ?

Any party seeking to exclude time under the Speedy Trial Act based on the “ends of justice” must file a motion setting forth the specific facts justifying that exclusion based on the required factors. See 18 U.S.C. § 3161(h)(7)(B).

Summary: Speedy Trial Act exclusions require specific factual justification.

Judge Andrew G. Schopler

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Criminal cases

Applies to
Peremptory strikes
Must include
judge name, case number ?

The parties must submit their peremptory strikes simultaneously in writing, in double-blind fashion.

Summary: Peremptory strikes must be submitted simultaneously in writing, double-blind.

Judge Andrew G. Schopler

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Criminal cases

Applies to
Motion to seal ?

The parties must explain in a table format the grounds on which they seek to seal each redaction. Motions that merely recite a general privilege category, or that do not provide a particularized explanation for every piece of information sought to be sealed, will be summarily denied.

Summary: A sealing motion must provide table-form, particularized grounds for each redaction and cannot rely on generalized privilege assertions.

Judge Andrew G. Schopler

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Criminal cases

Applies to
Request to use electronic or audio visual equipment ?
Must include
proposed order

At least seven days before the relevant court appearance, a party who wishes to use any electronic or audio/visual equipment in court must lodge a proposed order seeking leave to do so. The proposed order must itemize all equipment along with the proposed dates for use in court.

Summary: A party must submit a proposed order at least seven days before the appearance to use courtroom electronic or audio/visual equipment, and the order must itemize equipment and use dates.

Judge Andrew G. Schopler

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Criminal cases

Applies to
Pretrial filings subject to meet and confer ?
Must include
certificate of conference ?

The filing party must include a certification or declaration documenting that this rule has been satisfied.

Summary: Filings subject to the meet-and-confer rule must include a certification or declaration confirming compliance.

Judge Andrew G. Schopler

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Criminal cases

Applies to
Proposed jury instructions verdict forms voir dire questions ?

All parties must submit proposed jury instructions, verdict forms, and voir dire questions, and the government must specify which, if any, instructions, forms, and questions are jointly proposed. If the defense requests nothing beyond the joint submissions, the defense need not file anything.

Summary: Parties must submit proposed jury instructions, verdict forms, and voir dire questions, with a limited defense exception when only joint submissions are requested.

Judge Andrew G. Schopler

Not confirmed. Read the court's wording below.CRITICAL?

Criminal cases

Applies to
Filing
Must include
certificate of conference ?

The filing party must include a certification or declaration documenting that this rule has been satisfied.

Summary: The filing party must include a certification or declaration documenting compliance with the meet-and-confer rule.

Judge Andrew G. Schopler

Not confirmed. Read the court's wording below.CRITICAL?

Criminal cases

Applies to
Motion to seal ?

The parties must explain in a table format the grounds on which they seek to seal each redaction.

Summary: The parties must provide a table explaining the grounds for each redaction they seek to seal.

Judge Andrew G. Schopler

Not confirmed. Read the court's wording below.CRITICAL?

Criminal cases

Applies to
Proposed order ?

When approved equipment is brought into the courthouse, the signed order must be presented to security personnel.

Summary: The signed order must be presented to security personnel when approved equipment is brought into the courthouse.

Judge Andrew G. Schopler

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Motion ?
Must include
certificate of conference ?

The moving party must include a certification or declaration documenting that this rule has been satisfied.

Summary: The moving party must include a certification or declaration documenting compliance with the meet-and-confer rule.

Judge Andrew G. Schopler

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Any foreign-language exhibits must be accompanied by a translation and either: (a) a stipulation that the parties agree to the translation; or (b) a declaration that the exhibit was translated by a court-approved translator.

Machine summary

Foreign-language exhibits must include a translation and either a stipulation agreeing to it or a declaration that a court-approved translator translated it.

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Motion ?

That certification must include the date of the meet-and-confer conference as well as the type of meeting (in person, videoconference, or other court-approved type).

Summary: The compliance certification must state the conference date and meeting type.

Judge Andrew G. Schopler

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Civil cases

Applies to
Transcript
Must include
certificate of service ?

A party relying on a transcript or an audio/visual exhibit for court must provide the transcript or exhibit to the other side sufficiently before the relevant court appearance to allow the parties to meet and confer on any possible redactions or portions to be shown or heard.

Summary: Transcripts/exhibits must be provided to opposing party before court appearance.

Judge Andrew G. Schopler

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Civil cases

Applies to
Foreign language testimony
Must include
interpreter arranged ?

It is the sole responsibility of the party presenting foreign-language testimony to arrange for an interpreter.

Summary: Presenting party must arrange for foreign-language interpreters.

Judge Andrew G. Schopler

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Civil cases

Applies to
Foreign language exhibit
Must include
translation

Any foreign-language exhibits must be accompanied by a translation.

Summary: Foreign-language exhibits must be accompanied by translation.

Judge Andrew G. Schopler

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Civil cases

Applies to
Electronic equipment request ?
Must include
proposed order

At least seven days before the relevant court appearance, a party who wishes to use any electronic or audio/visual equipment in court must lodge a proposed order seeking leave to do so.

Summary: 7-day notice required for electronic equipment in court.

Judge Andrew G. Schopler

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Civil cases

Applies to
Electronic equipment request ?
Must include
proposed order

The proposed order must itemize all equipment along with the proposed dates for use in court.

Summary: Proposed order must list all equipment and dates.

Judge Andrew G. Schopler

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Electronic equipment request ?
Must include
signed order

When approved equipment is brought into the courthouse, the signed order must be presented to security personnel.

Summary: Signed order must be presented to security for approved equipment.

Judge Andrew G. Schopler

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Civil cases

Applies to
Settlement notification ?
Must include
immediate notification ?

If a case settles, the parties must immediately notify this Court and the assigned Magistrate Judge.

Summary: Immediate notification required when case settles.

Judge Andrew G. Schopler

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Civil cases

Applies to
Settlement
Must include
jurisdiction retention, consent to jurisdiction ?

But the Court may grant a joint motion to dismiss that contains a jurisdiction-retaining provision if: (i) it is accompanied by a fully executed Consent to Exercise of Jurisdiction by a United States Magistrate Judge covering all disputes arising out of the settlement agreement; and (ii) the joint motion and proposed order include this language: 'The Magistrate Judge shall retain jurisdiction over all disputes between and among the parties arising out of the settlement agreement, including but not limited to the interpretation and enforcement of that agreement's terms.'

Summary: Jurisdiction retention allowed with specific consent and language.

Judge Andrew G. Schopler

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Civil cases

Applies to
Peremptory strikes
Must include
judge name, case number ?

The parties must submit their peremptory strikes simultaneously in writing, in double-blind fashion.

Summary: Peremptory strikes must be submitted simultaneously in double-blind fashion.

Judge Andrew G. Schopler

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Civil cases

Applies to
Objections

Speaking objections are prohibited. Unless the Court invites further explanation, counsel will limit all objections to their legal basis, such as, 'Objection, hearsay.'

Summary: Speaking objections are prohibited; limit objections to legal basis.

Judge Andrew G. Schopler

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Civil cases

Applies to
Motion ?
Must include
certificate of conference ?

The moving party must include a certification or declaration documenting that this rule has been satisfied.

Summary: A motion must include a certification/declaration confirming meet-and-confer compliance.

Judge Andrew G. Schopler

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Motion to seal ?

The parties must explain in a table format the grounds on which they seek to seal each redaction.

Summary: Sealing motions must include a table explaining the basis for each requested redaction.

Judge Andrew G. Schopler

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Motion to seal ?

Motions that merely recite a general privilege category, or that do not provide a particularized explanation for every piece of information sought to be sealed, will be summarily denied.

Summary: Sealing motions must provide a particularized justification for each item to be sealed.

Judge Andrew G. Schopler

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Final pretrial order

In addition to any other requirements, see CivLR 16.1(f)(6), the final pretrial order must include proposed verdict forms and voir dire questions.

Summary: The final pretrial order must include proposed verdict forms and voir dire questions.

Judge Andrew G. Schopler

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Final pretrial order

The parties must specify which portions of the final pretrial order, if any, are not unanimously proposed.

Summary: Parties must identify any non-unanimously proposed portions of the final pretrial order.

Judge Andrew G. Schopler

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Criminal cases

Applies to
Proposed order
Must include
notice of electronic filing ?

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

Summary: Proposed orders must be emailed in Microsoft Word format; Word Perfect documents will be rejected.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Jury instructions

Counsel must meet and confer and submit a joint set of agreed jury instructions. Counsel must also submit a separate set of any instructions they propose to which there is an objection.

Summary: Joint jury instructions required with separate objections.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Criminal case ?
Must include
certificate of conference ?

Not later than fourteen (14) calendar days after the arraignment on an Indictment or Information, the attorney for the defendant(s) and the attorney for the government must confer and attempt to agree on a timetable and

Summary: Attorneys must confer within 14 days after arraignment to agree on timetable.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Discovery timetable ?
Must include
certificate of service ?

Not later than seven (7) calendar days prior to the first motion hearing, the parties must inform the Court in writing of the agreed upon timetable for the production of discovery, including the Alien Registration File, video footage, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement.

Summary: Discovery timetable and Rule 16 expert disclosure must be submitted 7 days before first motion hearing.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Motion
Must include
certificate of service ?

Counsel shall submit an accompanying declaration on ALL motions and ex parte applications, including request for extraordinary relief. The motion/application and accompanying declaration must be non-conclusory and must plainly set forth (in detail) the specific reasons for the request.

Summary: All motions and ex parte applications require a non-conclusory declaration with specific reasons.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Witness exhibit lists ?

The parties must file witness and exhibit lists seven (7) days prior to the date of the trial, unless otherwise ordered by the Court.

Summary: Witness and exhibit lists due 7 days before trial.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Local rule 16 1 report ?
Must include
certificate of service ?

A Local Rule 16.1 report of counsel, the agreed upon timetable for the production of discovery, including the Alien Registration File, video footage, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement must be on file.

Summary: Local Rule 16.1 report of counsel must be on file with discovery timetable and Rule 16 expert disclosure.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Criminal motion
Must include
certificate of service ?

Criminal motions requiring a predicate factual finding must be supported by declaration(s). See CrimLR 47.1.g.1.

Summary: Criminal motions requiring factual findings must be supported by declaration(s).

Judge Benjamin J. Cheeks

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to
Motion to seal ?
Must include
next scheduled hearing date ?

The motion must state the date of the next scheduled hearing in the case.

Summary: Motions to seal must include next scheduled hearing date.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Witness availability ?

All witnesses must be present at the start of trial or readily available to take the stand.

Summary: All witnesses must be present or readily available at trial start.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Video audio exhibits ?
Must include
stipulated transcript

The Court Reporter will not transcriber any videos or audio tapes. Consequently, the parties must provide a stipulated transcript of videos or audio tapes.

Summary: Stipulated transcript required for all video/audio exhibits.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Audio video exhibits ?
Must include
discs prohibited, thumb drive required ?

All audio and video exhibits to be entered into evidence will be submitted to the jury on a thumb drive. Discs will no longer be accepted.

Summary: Thumb drives required for audio/video exhibits; discs prohibited.

Judge Benjamin J. Cheeks

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to
Audio video exhibits ?
Must include
jury review, record preservation, two thumb drives required ?

Counsel will need to create two thumb drives; one of which will include all marked and admitted exhibits that will be preserved for the record and the second will be a thumb drive containing only admitted exhibits which will be given to the jury for their review.

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

Judge Benjamin J. Cheeks

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to
Audio video exhibits ?
Must include
mutual agreement, table of contents ?

Counsel must create a table of contents and mutually agree upon the contents of each thumb drive.

Summary: Table of contents and mutual agreement required for thumb drives.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Motion to modify terminate supervised release ?

Motions and Joint Motions to Modify or Terminate supervised release conditions or the term, must include a statement regarding the positions of the United States Attorney’s Office and the United States Probation Officer supervising the defendant.

Summary: Motions to modify/terminate supervised release must include positions of USAO and Probation Officer.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Discovery timetable ?

Not later than seven (7) calendar days prior to the first motion hearing, the parties must inform the Court in writing of the agreed upon timetable for the production of discovery, including the Alien Registration File, video footage, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement.

Summary: Parties must submit written discovery timetable 7 days before first motion hearing.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Motion

Counsel shall submit an accompanying declaration on ALL motions and ex parte applications, including request for extraordinary relief. The motion/application and accompanying declaration must be non-conclusory and must plainly set forth (in detail) the specific reasons for the request.

Summary: ALL motions and ex parte applications must include a non-conclusory declaration detailing specific reasons.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Motion

Criminal motions requiring a predicate factual finding must be supported by declaration(s). See CrimLR 47.1.g.1. The Court need not grant an evidentiary hearing where either party fails to properly support its motion or opposition.

Summary: Criminal motions requiring factual findings must include supporting declarations.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Motion

Motions and Joint Motions to Modify or Terminate supervised release conditions or the term, must include a statement regarding the positions of the United States Attorney's Office and the United States Probation Officer supervising the defendant.

Summary: Motions to modify or terminate supervised release must include statements of positions from the U.S. Attorney's Office and U.S. Probation Officer.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Motion

Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); (3) affidavits or declarations in support of the motion; and (4) the documents to be sealed. The motion must state the date of the next scheduled hearing in the case.

Summary: Motions to seal must include description of documents, legal standard analysis, supporting affidavits, the documents themselves, and the next hearing date.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Witness examination

Witness examination must be done from the podium.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Motion
Must include
caption

Parties filing a noticed motion must set the hearing date to be thirty-five (35) days from the motion’s filing date.1 Parties should not contact chambers for a motion hearing date. Opposition and reply briefs are due based on the noticed date.2 The hearing date on a motion does not indicate a date when appearances are necessary; rather, it sets the briefing schedule for the motion pursuant to the applicable local rules. Consequently, the filing party should not specify a hearing time on its motion and must include the following language in the caption of the motion: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.

Summary: Motions must set hearing date 35 days from filing; include 'NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT' in caption.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Proposed order
Must include
proposed order

The parties must also e-mail a proposed order in Word format to efile_cheeks@casd.uscourts.gov. The proposed order must set forth the current date scheduled, and the new date proposed. Additionally, do not include any watermarks or firm insignia on proposed orders.

Summary: Proposed orders for continuances must be emailed in Word format with specific content and no watermarks.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Trial procedure ?

Do not enter the well, except during voir dire, opening statement and closing argument.

Summary: Do not enter the well except during voir dire, opening, and closing.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Proposed order
Must include
proposed order

Proposed orders must be submitted simultaneously with the filing of all joint motions or ex parte motions. As stated above, do not include any watermarks or firm insignia on proposed orders.

Summary: Proposed orders required with all joint/ex parte motions, no watermarks or firm insignia.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Sur reply ?

Sur-replies are not allowed unless leave of Court has been granted.

Summary: Sur-replies prohibited unless court grants leave.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Motion for reconsideration

The motion for reconsideration will specifically address federal standard applicable to motions for reconsideration and the requirements outlined in Civil Local Rule 7.1(i)(1), and will not reallege arguments previously considered and ruled upon by the Court;

Summary: Reconsideration motions must address federal standard and not relitigate previously ruled arguments.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Witness examination ?

Conduct all examination of witnesses from the podium.

Summary: All witness examination must be conducted from the podium.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Daubert motion ?

Motions addressing the qualifications or testimony of a proposed expert must be brought by the dispositive motion hearing cut-off. They will not be entertained as motions in limine.

Summary: Daubert motions must be filed by dispositive motion deadline, not as motions in limine.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Summary judgment motion ?
Must include
separate statement of undisputed material facts

All motions for summary judgment must be accompanied by a separate statement of undisputed material facts.

Summary: Summary judgment motions require a separate statement of undisputed material facts.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Summary judgment motion ?
Must include
separate statement of undisputed material facts

If the moving party fails to submit a separate statement of undisputed material facts with the moving papers, the Court will issue a discrepancy order rejecting the motion for summary judgment to discrepant for failing to comply with this Chambers requirement.

Summary: Failure to include required statement results in discrepancy order.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Summary judgment opposition ?
Must include
response to separate statement ?

Any opposition to a summary judgment motion must include a response to the moving party's separate statement of undisputed material facts.

Summary: Opposition briefs must respond to the moving party's separate statement.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Summary judgment opposition ?
Must include
evidentiary and procedural objections

Any evidentiary and procedural objections to the motion for summary judgment must be filed contemporaneously with the opposition brief.

Summary: Evidentiary/procedural objections must be filed with opposition brief.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Summary judgment reply ?
Must include
evidentiary and procedural objections

Similarly, the moving party must file any evidentiary and procedural objections to the opposition brief contemporaneously with its reply brief.

Summary: Moving party must file objections to opposition with reply brief.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Ex parte motion
Must include
declaration documenting meet and confer ?

All ex parte motions will be accompanied by a declaration from counsel documenting; (1) efforts to contact opposing counsel; (2) counsel's meet and confer efforts; and (3) opposing counsel's position regarding the ex parte motion.

Summary: Ex parte motions require declaration documenting meet and confer efforts.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Motion to seal
Must include
document description, legal standard analysis, supporting affidavits or declarations ?

Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); and (3) affidavits or declarations in support of the motion.

Summary: Seal motions must include document description, legal analysis, and supporting affidavits.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Motion
Must include
briefing ?

All motions for temporary restraining orders must be briefed.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Joint motion
Must include
court signature ?

Pursuant to Section 2(f)(4) of the ECF Manual, all stipulations must be filed as joint motions. Joint motions must be signed by the Court to have legal effect.

Summary: All stipulations must be filed as joint motions and signed by the Court.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Joint motion to dismiss
Must include
filing deadline, settlement notification ?

If the parties settle a case, counsel must immediately notify this Court and the magistrate judge of the settlement. Unless a 'Notice of Dismissal' is filed under Federal Rule of Civil Procedure 41(a)(1), for which a court order is not required, the parties must file a 'Joint Motion to Dismiss' and email a proposed order to this Court within twenty-eight days of settlement.

Summary: Settlement requires immediate notice and joint motion to dismiss within 28 days.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Joint proposed pretrial order
Must include
filing deadline, email submission ?

Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email to chambers (efile_cheeks@casd.uscourts.gov) a joint proposed pretrial order at least fourteen (14) days before the pretrial conference. The proposed pretrial order must strictly comply with the requirements set forth in Civil Local Rule 16.1(f)(6)(c). All parties are required to cooperate in completing the proposed pretrial order.

Summary: Joint proposed pretrial order required 14 days before pretrial conference.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Joint pretrial conference order
Must include
verdict forms, proposed jury instructions ?

The parties must file proposed jury instructions and verdict forms with their joint pretrial conference order, unless otherwise ordered by the Court and email a copy in Word format to efile_cheeks@casd.uscourts.gov.

Summary: Proposed jury instructions and verdict forms must be filed with joint pretrial conference order.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Witness and exhibit lists

Parties must file witness and exhibit lists seven (7) days prior to trial date, unless otherwise ordered by the Court.

Summary: Witness and exhibit lists must be filed 7 days before trial.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Proposed voir dire questions

If counsel wish to expand the scope of the judge’s initial voir dire, they may file proposed voir dire questions no later than seven (7) days before the date of trial, unless otherwise ordered by the Court.

Summary: Proposed voir dire questions must be filed 7 days before trial.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Witness examination ?

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.

Summary: Only one lawyer per party may examine a witness and make objections.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Objections

When objecting, state only the legal ground for the objection, e.g., 'Objection, hearsay.'

Summary: Objections must state only the legal ground.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Motion

The filing party should not specify a hearing time on its motion and must include the following language in the caption of the motion: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.

Summary: Motions must include 'NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT' in caption.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Motion

All motions for summary judgment must be accompanied by a separate statement of undisputed material facts.

Summary: Summary judgment motions must include a separate statement of undisputed material facts in table format.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Ex parte motion

Before filing any ex parte motion, counsel must contact the opposing party to meet and confer regarding the subject of the ex parte motion. All ex parte motions will be accompanied by a declaration from counsel documenting; (1) efforts to contact opposing counsel; (2) counsel's meet and confer efforts; and (3) opposing counsel's position regarding the ex parte motion.

Summary: Ex parte motions require meet and confer with opposing party and declaration documenting contact efforts, meet and confer, and opposing position.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Ex parte motion
Must include
certificate of service ?

Any ex parte motion filed with the Court must be served on opposing counsel via facsimile, electronic mail with return receipt requested, or overnight mail.

Summary: Ex parte motions must be served on opposing counsel via fax, email with return receipt, or overnight mail.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Motion

All motions for temporary restraining orders must be briefed.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Joint motion to dismiss
Must include
proposed order

Unless a "Notice of Dismissal" is filed under Federal Rule of Civil Procedure 41(a)(1), for which a court order is not required, the parties must file a "Joint Motion to Dismiss" and email a proposed order to this Court within twenty-eight days of settlement.

Summary: Parties must file Joint Motion to Dismiss and email proposed order within 28 days of settlement unless filing Notice of Dismissal under FRCP 41(a)(1).

Judge Benjamin J. Cheeks

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to
Motion ?
Must include
legal argument ?

Counsel must meet and confer on this issue and advise the Court of their request for oral argument no less than seven (7) days before the hearing by written pleading.

Summary: Counsel must meet and confer and notify the Court of an oral-argument request by written pleading at least seven days before the hearing.

Judge Benjamin J. Cheeks

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to
Summary judgment reply ?

Similarly, the moving party must file any evidentiary and procedural objections to the opposition brief contemporaneously with its reply brief.

Summary: The moving party must file objections to the opposition brief with its reply brief.

Judge Benjamin J. Cheeks

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to
Appearance

Until the Court grants permission for telephonic appearance, the party needing to appear telephonically must arrange to have a colleague appear on his or her behalf.

Summary: Until the Court approves a telephonic appearance, the party must arrange for a colleague to appear on their behalf.

Judge Benjamin J. Cheeks

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to
Motion
Must include
certificate of conference ?

Counsel must confirm their good faith attempt to resolve the issues through the meet and confer process in their motion papers.

Summary: Motions in limine papers must confirm counsel's good-faith attempt to resolve the issues through meet and confer.

Judge Benjamin J. Cheeks

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Criminal cases

Any Motion to Modify Bail must include the consent or position of the U.S. Attorney’s Office, the sureties, and the assigned Pretrial Services Officer.

Machine summary

A motion to modify bail must include the consent or position of the U.S. Attorney’s Office, the sureties, and the assigned Pretrial Services Officer.

Not confirmed. Read the court's wording below.CRITICAL?

Criminal cases

Applies to
Motion

Counsel shall submit an accompanying declaration on ALL motions and ex parte applications, including request for extraordinary relief.

Summary: Counsel must submit an accompanying declaration with every motion and ex parte application, including requests for extraordinary relief.

Judge Benjamin J. Cheeks

Not confirmed. Read the court's wording below.CRITICAL?

Criminal cases

Applies to
Continuance request ?

In addition, a Local Rule 16.1 report of counsel, the agreed upon timetable for the production of discovery, including the Alien Registration File, video footage, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement must be on file.

Summary: For a continuance request, the Local Rule 16.1 report, specified discovery timetable, proposed expert-disclosure timing, and any disagreements must already be on file.

Judge Benjamin J. Cheeks

Not confirmed. Read the court's wording below.CRITICAL?

Criminal cases

Applies to
Exhibit ?

Consequently, the parties must provide a stipulated transcript of videos or audio tapes.

Summary: The parties must provide a stipulated transcript for videos or audio tapes because the Court Reporter will not transcribe them.

Judge Benjamin J. Cheeks

Not confirmed. Read the court's wording below.CRITICAL?

Criminal cases

Applies to
Exhibit ?

Counsel must create a table of contents and mutually agree upon the contents of each thumb drive.

Summary: Counsel must create a table of contents and mutually agree on the contents of each thumb drive.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Sentencing summary chart
Must include
certificate of service ?

All counsel shall adhere strictly to Criminal Local Rule 32.1(a)(9), which provides that completed sentencing summary charts must be filed no later than seven (7) days prior to a scheduled sentencing hearing.

Summary: Sentencing summary charts must be filed 7 days before sentencing hearing.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Jury instructions
Must include
proposed order ?

The parties should each submit proposed jury instructions to the Court five (5) court days before trial, unless otherwise ordered by the Court. Supplemental instructions must be filed and served as soon as the need for them becomes apparent.

Summary: Proposed jury instructions due 5 court days before trial; supplemental instructions filed immediately.

Judge Cathy Ann Bencivengo

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Civil cases

Applies to
Proposed order
Must include
proposed order

Proposed orders will only be submitted on non-dispositive, procedural motions in accordance with Section 2(h) of the ECF Manual. Counsel should email proposed orders in Word format directly to efile_bencivengo@casd.uscourts.gov.

Summary: Proposed orders only for non-dispositive procedural motions; email in Word format to specified address.

Judge Cathy Ann Bencivengo

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Civil cases

Applies to
Ex parte motion
Must include
certificate of service ?

Any ex parte motion filed with the Court will be served on opposing counsel via fax, electronic mail with return receipt requested, or overnight mail. Ex parte motions that are not opposed within two Court days will be considered unopposed and may be granted on that ground.

Summary: Ex parte motions must be served on opposing counsel and unopposed motions may be granted after 2 court days.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Motion
Must include
declarations

Criminal motions requiring a predicate factual finding shall be supported by declaration(s). See Crim. L.R. 47.1(g)(1). The Court need not grant an opposition.

Summary: Motions requiring factual findings must be supported by declarations.

Judge Cynthia A. Bashant

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Criminal cases

Applies to
Proposed order
Must include
proposed order

Parties should submit all proposed orders to the Court’s e-mail address in Word format to efile_bashant@casd.uscourts.gov. Joint motions to continue hearings are exempt and do not require proposed orders.

Summary: Proposed orders must be emailed in Word format to efile address, except joint continuance motions.

Judge Cynthia A. Bashant

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Criminal cases

Applies to
Voir dire

Counsel may file proposed voir dire questions and verdict forms no later than three court days before the date of trial.

Summary: Proposed voir dire questions and verdict forms due three court days before trial.

Judge Cynthia A. Bashant

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Criminal cases

Applies to
Trial brief

The parties may submit trial briefs no later than five court days before the date of trial concerning all significant disputed issues of law, including any and all foreseeable procedural and evidentiary issues with citation of relevant statutes, ordinances, rules, cases, and other authorities. See Crim. L.R. 23.1.

Summary: Trial briefs due five court days before trial on significant disputed legal issues.

Judge Cynthia A. Bashant

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Criminal cases

Applies to
Trial procedures ?
Must include
witness availability ?

All witnesses must be present at the start of trial or readily available to take the stand. It is not acceptable for a jury to wait while counsel attempts to locate a witness.

Summary: Witnesses must be present at trial start or readily available.

Judge Cynthia A. Bashant

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Criminal cases

Applies to
Trial procedures ?
Must include
witness instructions ?

It is also counsel’s responsibility to instruct witnesses and parties not to discuss their testimony or discuss the case outside of court in the presence of any jurors or in any location where jurors may overhear.

Summary: Counsel must instruct witnesses not to discuss case with jurors.

Judge Cynthia A. Bashant

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Criminal cases

Applies to
Trial procedures ?
Must include
courtroom procedures ?

Please do not enter the well, except during voir dire, opening statements and closing argument. When addressing the jury, do not come any closer than the edge of the Court Reporter’s desk. Conduct all examination of witnesses from the lectern and please seek permission from the Court before approaching any witness. Also, please keep your visit to the witness stand brief. For example, quickly orient the witness with an exhibit and return to the lectern.

Summary: Attorneys must stay in well except during specific proceedings and maintain distance from jury.

Judge Cynthia A. Bashant

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Criminal cases

Applies to
Trial procedures ?
Must include
interpreter arrangements ?

Notify the Court if an interpreter is needed. It is counsel’s responsibility to make arrangements with the Interpreter Services Department at (619) 557-5172.

Summary: Counsel must arrange interpreters through Interpreter Services Department.

Judge Cynthia A. Bashant

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Criminal cases

Applies to
Trial procedures ?
Must include
evidence transcripts ?

Consequently, the parties must provide a stipulated transcript of the video or audio tape.

Summary: Parties must provide stipulated transcript for video/audio evidence.

Judge Cynthia A. Bashant

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Criminal cases

Applies to
Trial procedures ?
Must include
objection procedures ?

When objecting, state only the legal ground for the objection, e.g., “objection, hearsay.” Speaking objections are not permitted, unless the Court requests further information from counsel.

Summary: Objections must state only legal grounds, no speaking objections.

Judge Cynthia A. Bashant

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Criminal cases

Applies to
Trial procedures ?
Must include
single lawyer examination ?

When 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.

Summary: Only one lawyer per party may examine a witness and make objections.

Judge Cynthia A. Bashant

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Criminal cases

Applies to
Trial procedures ?
Must include
pre marking, exhibit lists ?

Government counsel must provide a list of exhibits and witnesses, and give 3 copies to the courtroom deputy on the first day of trial. All exhibits must be pre-marked on the first day of trial. Exhibit stickers may be obtained from the Clerk of the Court in advance of trial, or exhibits may be marked electronically with the case number and exhibit numbers.

Summary: Government counsel must provide exhibit/witness lists and pre-mark exhibits on first trial day.

Judge Cynthia A. Bashant

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Civil cases

Applies to
Notice of motion
Must include
certificate of conference ?

If the parties are unable to reach a resolution that eliminates the need to file the anticipated motion, counsel for the moving party must include in the notice of motion a statement to the following effect: "This motion is made following the conference of counsel that took place on [date]."

Summary: Notice of motion must state conference date if motion is filed.

Judge Cynthia A. Bashant

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Civil cases

Applies to
Motion

Parties must also include the following language in the caption of their motions directly underneath the hearing date, unless notified otherwise by the Court: “NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.”

Summary: Include “NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT” in motion caption.

Judge Cynthia A. Bashant

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Civil cases

Applies to
Proposed order
Must include
proposed order

Any proposed orders must be submitted in Word format simultaneously with all motions. In accordance with Section 2(h) of the ECF Manual, proposed orders must not contain the name and law firm information of the filing party, and must not contain the word “proposed” in the caption.

Summary: Proposed orders must be in Word format, without filer info or “proposed” in caption.

Judge Cynthia A. Bashant

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Civil cases

Applies to
Proposed order
Must include
proposed order

Proposed orders or other documents requiring the judge’s signature must not be filed on the docket.

Summary: Do not file proposed orders or signature documents on the docket.

Judge Cynthia A. Bashant

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Civil cases

Applies to
Joint statement of undisputed material facts
Must include
joint statement, email submission ?

No later than ten days before the hearing date, the parties must meet and confer in person or by telephone to arrive at a joint statement of undisputed material facts, which must be filed no later than the reply brief. The parties must also email the joint statement in Word format to efile_bashant@casd.uscourts.gov.

Summary: Joint statement of undisputed facts required 10 days before hearing.

Judge Cynthia A. Bashant

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Civil cases

Applies to
Opposition brief
Must include
objections to motion evidence ?

Objections to evidence submitted in support of a motion must be contained within the opposition brief, and objections to evidence submitted in support of an opposition must be contained within the reply brief. No separate statements of objections will be allowed.

Summary: Objections must be in opposition or reply brief, no separate statements.

Judge Cynthia A. Bashant

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Civil cases

Applies to
Ex parte application
Must include
declaration

The declaration required by Civil Local Rule 83.3(g) must document the following: (1) efforts to contact opposing counsel, (2) counsel’s good faith, in person or by telephone meet-and-confer efforts to resolve differences with opposing counsel, and (3) opposing counsel’s general position regarding the ex parte application.

Summary: Ex parte declaration must document contact efforts, meet-and-confer, and opposing counsel's position

Judge Cynthia A. Bashant

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Civil cases

Applies to
Stipulation
Must include
joint motion

Pursuant to Section 2(f)(4) of the ECF Manual, all stipulations must be filed as joint motions. Joint motions must be signed by the Court to have legal effect.

Summary: Stipulations must be filed as joint motions and require court signature.

Judge Cynthia A. Bashant

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Civil cases

Applies to
Settlement
Must include
proposed order, notice of settlement, joint motion to dismiss ?

If the parties settle a case, counsel must immediately notify this Court and the magistrate judge of the settlement. Unless a “Notice of Dismissal” is filed under Federal Rule of Civil Procedure 41(a)(1), for which a court order is not required, the parties must file a “Joint Motion to Dismiss” and email a proposed order to this Court within twenty-eight days of the settlement.

Summary: Settlement requires immediate notice and joint motion to dismiss within 28 days.

Judge Cynthia A. Bashant

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Civil cases

Applies to
Pretrial order
Must include
email submission, joint proposed pretrial order ?

Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email to chambers a joint proposed pretrial order at least fourteen days before the pretrial conference. The proposed pretrial order must strictly comply with the requirements set forth in Civil Local Rule 16.1(f)(6)(c). All parties are required to cooperate in completing the proposed pretrial order.

Summary: Joint proposed pretrial order required 14 days before pretrial conference.

Judge Cynthia A. Bashant

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Civil cases

Applies to
Electronic equipment
Must include
court order required ?

Counsel will need an order to bring any laptops, tablets, or other electronic equipment into the courthouse. An order must be obtained

Summary: Order required to bring electronic equipment into courthouse.

Judge Cynthia A. Bashant

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Civil cases

Applies to
Final exhibit and witness list
Must include
exchange required, email to chambers required ?

The parties must also exchange their Final Exhibit and Witness Lists seven days before trial. They must also email a copy of their Final Exhibit and Witness Lists to chambers by the same date.

Summary: Final Exhibit and Witness Lists must be exchanged and emailed to chambers 7 days before trial.

Judge Cynthia A. Bashant

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Civil cases

Applies to
Proposed findings conclusions ?
Must include
proposed order ?

Fourteen days before trial, counsel must serve and file proposed Findings of Fact and Conclusions of Law. An electronic copy must also be emailed to efile_bashant@casd.uscourts.gov in Word format.

Summary: Proposed Findings of Fact and Conclusions of Law due 14 days before trial.

Judge Cynthia A. Bashant

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Criminal cases

Applies to
Motion
Must include
proposed order

Proposed orders should be submitted simultaneously with the motion.

Summary: Proposed orders must be submitted simultaneously with motions.

Judge Dana M. Sabraw

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Criminal cases

Applies to
Motion in limine

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.

Judge Dana M. Sabraw

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Criminal cases

Applies to
Proposed jury instructions

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.

Judge Dana M. Sabraw

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Criminal cases

Applies to
Jury instructions ?

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.

Judge Dana M. Sabraw

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Criminal cases

Applies to
Jury instructions ?
Must include
review and suggest modifications ?

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.

Judge Dana M. Sabraw

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Criminal cases

Applies to
Exhibit list ?
Must include
judge name, case number ?

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

Judge Dana M. Sabraw

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Civil cases

Applies to
Motion
Must include
proposed order

Proposed orders should be submitted simultaneously with the motion.

Summary: Proposed orders must be submitted with motions.

Judge Dana M. Sabraw

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Civil cases

Applies to
Jury instructions
Must include
legal argument, table of contents ?

Jury instructions shall be submitted to the Court one week before trial in the following format:

Summary: Jury instructions due one week before trial.

Judge Dana M. Sabraw

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Civil cases

Applies to
Jury instructions ?
Must include
joint submission ?

The parties are required jointly to submit one set of agreed upon instructions.

Summary: Parties must jointly submit agreed-upon jury instructions.

Judge Dana M. Sabraw

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Civil cases

Applies to
Jury instructions ?
Must include
supplemental instructions

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.

Judge Dana M. Sabraw

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Civil cases

Applies to
Jury instructions
Must include
objections

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.

Judge Dana M. Sabraw

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Civil cases

Applies to
Jury instructions ?

Two copies of each instruction should be provided.

Summary: Two copies of each jury instruction required.

Judge Dana M. Sabraw

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Civil cases

Applies to
Jury instructions ?

All instructions should be short, concise, and neutral statements of law.

Summary: Jury instructions must be short, concise, and neutral.

Judge Dana M. Sabraw

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Civil cases

Applies to
Jury instructions ?

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.

Judge Dana M. Sabraw

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Civil cases

Applies to
Voir dire questions
Must include
due one week before trial ?

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.

Judge Dana M. Sabraw

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Applies to
Proposed order
Must include
proposed order

Proposed orders shall be submitted in Word format simultaneously with all motions, except motions that are fully noticed and set for hearing at least 28 days beyond the date of filing. In accordance with Section 2(h) of the Electronic Case Filing Administrative Policies and Procedures Manual, proposed orders shall not contain the name and law firm information of the filing party and shall not contain the word “proposed” in the caption. Counsel shall email proposed orders to opposing counsel and to the following email address: efile_curiel@casd.uscourts.gov, and include the docket number and case name in the subject line of the email.

Summary: Proposed orders required in Word format with specific formatting and email submission requirements.

Judge Gonzalo P. Curiel

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Applies to
Summary judgment motion ?

All motions for summary judgment shall be accompanied by a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material fact shall be followed by a reference to the supporting evidence.

Summary: Summary judgment motions require separate statement of undisputed material facts.

Judge Gonzalo P. Curiel

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Applies to
Summary judgment opposition ?

Any opposition to a summary judgment motion shall include a response to the separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating if the opposing party agrees or disagrees that those facts are undisputed.

Summary: Summary judgment opposition must respond to separate statement.

Judge Gonzalo P. Curiel

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Applies to
Proposed pretrial order
Must include
word format

Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties email to Chambers a proposed pretrial order in Word format at least seven (7) days before the pretrial conference. The proposed pretrial order must include all elements set out in Civil Local Rule 16.1(f)(6)(c) and any other issues relevant to the trial.

Summary: Proposed pretrial order in Word format required 7 days before pretrial conference.

Judge Gonzalo P. Curiel

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Applies to
Proposed pretrial order
Must include
cooperation required ?

All parties are required to cooperate in completing the proposed pretrial order.

Summary: All parties must cooperate in completing proposed pretrial order.

Judge Gonzalo P. Curiel

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Applies to
Trial notebook
Must include
trial briefs, exhibit lists, voir dire questions +3 more ?

The joint proposed jury instructions, trial briefs, proposed verdict form, voir dire questions, statement of the case, and exhibit lists are to be placed in a trial notebook, and are due seven (7) days before the motion in limine hearing date unless the Court orders otherwise.

Summary: Trial notebook items due 7 days before motion in limine hearing.

Judge Gonzalo P. Curiel

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Applies to
Proposed jury instructions
Must include
word format

The proposed jury instructions, proposed verdict form, and statement of the case shall also be emailed to the Court in Word format.

Summary: Proposed jury instructions, verdict form, and statement of case must be emailed in Word format.

Judge Gonzalo P. Curiel

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Applies to
Post distribution accounting ?

Where injunctive and/or other non-monetary relief has been

Summary: Non-monetary relief information must be included in post-distribution accounting.

Judge Gonzalo P. Curiel

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Applies to
Ai generated evidence ?
Must include
ai procedures required ?

In terms of AI-generated documents or materials that may become exhibits or evidence in an action, a pro se party or counsel shall follow the below procedures:

Summary: AI-generated evidence procedures apply to pro se parties and counsel.

Judge Gonzalo P. Curiel

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Applies to
Ai generated evidence ?
Must include
specificity requirement, notice to opposing party required ?

Counsel shall serve a notice to the opposing party identifying AI-generated evidentiary material with sufficient specificity to locate it (i.e., via production number, attaching a copy to the notice, providing a copy on request). This notice should be served with the production or disclosure of any AI-generated evidentiary material.

Summary: Notice required for AI-generated evidentiary material with sufficient specificity.

Judge Gonzalo P. Curiel

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Applies to
Ai generated evidence ?
Must include
notice required for consideration ?

Any AI-generated material that does not have an accompanying notice shall not be considered by the Court.

Summary: AI-generated material without notice will not be considered by Court.

Judge Gonzalo P. Curiel

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Applies to
Exhibits
Must include
no ai hallucinations allowed ?

Parties and counsel shall not file, proffer, or present to the Court exhibits, demonstratives, or other evidentiary or factual material that contain AI-hallucinated assertions of fact.

Summary: AI-hallucinated assertions of fact prohibited in exhibits and evidence.

Judge Gonzalo P. Curiel

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Applies to
Ai generated evidence ?
Must include
sanctions possible, verification required ?

Failure to confirm the accuracy or basis for an assertion of fact or evidence created by an AI tool is grounds for potential sanctions.

Summary: Failure to verify AI-generated facts may result in sanctions.

Judge Gonzalo P. Curiel

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Applies to
Proposed findings conclusions ?
Must include
hard copy, electronic copy ?

Seven (7) days before trial, counsel will submit proposed Findings of Fact and Conclusions of Law by hard copy and an electronic copy of the proposed Findings of Fact and Conclusions of Law shall be emailed in Word format to efile_curiel@casd.uscourts.gov.

Summary: Proposed Findings of Fact and Conclusions of Law due 7 days before trial by hard copy and Word email.

Judge Gonzalo P. Curiel

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Applies to
Settlement
Must include
notice of settlement, joint motion to dismiss ?

If the parties settle a case, counsel shall file a “Notice of Settlement” and immediately inform the magistrate judge of the settlement. If the magistrate judge does not set a deadline for the filing of a “Joint Motion to Dismiss,” the parties shall file the “Joint Motion to Dismiss” and email a proposed order to this Court within twenty-eight (28) days of the settlement.

Summary: Notice of Settlement required immediately; Joint Motion to Dismiss due within 28 days if no deadline set.

Judge Gonzalo P. Curiel

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Applies to
Proposed order
Must include
affidavit, memorandum ?

Proposed orders for preliminary approval of class certification and/or preliminary settlement approval must be supported by an affidavit and memorandum

Summary: Proposed orders for class action preliminary approval require affidavit and memorandum.

Judge Gonzalo P. Curiel

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Applies to
Post distribution accounting
Must include
certificate of service ?

Within 21 days after the distribution of the settlement funds and payment of attorneys’ fees, the parties should file a Post-Distribution Accounting, which provides the following information:

Summary: Post-distribution accounting must be filed within 21 days of settlement fund distribution.

Judge Gonzalo P. Curiel

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Applies to
Post distribution accounting ?

The total settlement fund, the total number of class members, the total number of class members to whom notice was sent and not returned as undeliverable, the number and percentage of claim forms submitted, the number and percentage of opt-outs, the number and percentage of objections, the average and median recovery per claimant, the largest and smallest amounts paid to class members, the method(s) of notice and the method(s) of payment to class members, the number and value of checks not cashed, the amounts distributed to each cy pres recipient, the administrative costs, the attorneys’ fees and costs, the attorneys’ fees in terms of percentage of the settlement fund, and the multiplier, if any.

Summary: Post-distribution accounting must include detailed settlement fund information.

Judge Gonzalo P. Curiel

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Applies to
Post distribution accounting ?

In addition to the above information, where class members are entitled to non-monetary relief, such as discount coupons, debit cards, or similar instruments, the number of class members availing themselves of such relief and the aggregate value redeemed by the class members and/or by any assignees or transferees of the class members’ interests.

Summary: Non-monetary relief information must be included in post-distribution accounting.

Judge Gonzalo P. Curiel

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Applies to
General ?
Must include
ai disclosure ?

Despite the spread of generative AI tools, counsel and pro se parties are responsible for providing the Court with complete and accurate representations of any submission, including filings, demonstratives, evidence, or oral argument, consistent with Federal Rule of Civil Procedure 11, the California Rules of Professional Conduct, and any other applicable legal or ethical guidance. Use of generative AI tools is not prohibited, but counsel and pro se parties must, at all times, personally confirm for themselves the accuracy of any content generated by these tools.

Summary: AI-generated content must be personally verified for accuracy

Judge Gonzalo P. Curiel

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Applies to
General ?
Must include
ai disclosure ?

Additionally, any submission containing AI-generated content must include a certification that counsel or the pro se party has personally verified the content’s accuracy. Failure to include this certification or comply with this verification requirement will be grounds for sanctions.

Summary: AI-generated content must include verification certification; failure is grounds for sanctions

Judge Gonzalo P. Curiel

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Applies to
Trial brief ?
Must include
judge name, case number ?

Pursuant to Criminal Local Rule 23.1, the parties may, no later than five court days before the date of trial, serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues.

Summary: Trial briefs due 5 court days before trial.

Judge Gonzalo P. Curiel

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Applies to
Jury instructions
Must include
judge name, case number ?
Format
WORD

The parties should each submit in Word format and hardcopy, proposed jury instructions to the Court on the first day of trial, unless otherwise ordered by the Court.

Summary: Proposed jury instructions due first day of trial in Word and hardcopy.

Judge Gonzalo P. Curiel

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Applies to
Sentencing summary chart
Must include
certificate of service ?

Counsel shall file the completed sentencing summary charts required by Criminal Local Rule 32.1.a.8 in the record no later than seven calendar days before the sentencing hearing.

Summary: Sentencing summary charts must be filed 7 calendar days before sentencing.

Judge Gonzalo P. Curiel

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Civil cases

Applies to
Opposition brief
Must include
objections to evidence

Objections to evidence submitted in support of a motion must be contained within the opposition brief, and objections to evidence submitted in support of an opposition must be contained within the reply brief. No separate statements of objections will be allowed.

Summary: Objections to evidence must be in opposition or reply brief; separate statements prohibited.

Judge James E. Simmons, Jr.

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Civil cases

Applies to
Motion
Must include
proposed order

Proposed orders must be submitted simultaneously with all motions. Proposed orders should contain "[PROPOSED]" in the caption.

Summary: Proposed orders required with all motions and must include "[PROPOSED]" in caption.

Judge James E. Simmons, Jr.

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Civil cases

Applies to
Proposed order
Must include
not filed on docket ?

Proposed orders or other documents requiring the Judge’s signature must not be filed on the docket.

Summary: Proposed orders and signature documents must not be filed on the docket.

Judge James E. Simmons, Jr.

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Civil cases

Applies to
Ex parte motion
Must include
declaration

All ex parte motions must be accompanied by a declaration from the movant documenting (1) efforts to contact opposing counsel, (2) counsel’s good faith efforts, in person or by telephone, to meet and confer to resolve differences with opposing counsel, and (3) opposing counsel’s position regarding the ex parte motion.

Summary: Ex parte motions require declaration documenting contact efforts and meet and confer attempts.

Judge James E. Simmons, Jr.

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Civil cases

Deadline
28 days
Applies to
Joint motion to dismiss
Must include
joint motion, proposed order ?

Unless a notice of dismissal is filed under Federal Rule of Civil Procedure 41(a)(1) for which a court order is not required, the parties must file a joint motion to dismiss and email the proposed order to the Court within twenty-eight (28) days of the settlement.

Summary: Joint motion to dismiss and proposed order required within 28 days of settlement.

Judge James E. Simmons, Jr.

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Civil cases

Deadline
7 days
Applies to
Proposed pretrial order
Must include
proposed order ?

Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email a proposed pretrial order in Word (.doc) format to efile_simmons@casd.uscourts.gov at least seven (7) days before the pretrial conference.

Summary: Proposed pretrial order required 7 days before pretrial conference.

Judge James E. Simmons, Jr.

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Civil cases

Applies to
Trial exhibits
Must include
electronic media format

The parties must also submit the trial exhibits in an electronic-media format (e.g., CD, DVD, or USB flash drive) at least three (3) days before trial.

Summary: Trial exhibits must be submitted electronically 3 days before trial.

Judge James E. Simmons, Jr.

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Civil cases

Applies to
Final exhibit and witness lists
Must include
email to chambers, exchange with adversary ?

The parties must also exchange their Final Exhibit and Witness Lists one (1) week before trial and email a copy of their Final Exhibit and Witness Lists to chambers one (1) week before trial.

Summary: Final Exhibit and Witness Lists must be exchanged and emailed to chambers 1 week before trial.

Judge James E. Simmons, Jr.

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Applies to
Exhibit
Must include
pre marked

All exhibits must be pre-marked on the first day of trial.

Judge James E. Simmons, Jr.

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Applies to
Motion
Must include
proposed order

Proposed orders must be submitted simultaneously with all motions. Proposed orders should include "[PROPOSED]" in the caption. Counsel must email proposed orders in Word (.doc) format to efile_simmons@casd.uscourts.gov and include the case number and case name in the subject line of the email.

Summary: Proposed orders required with all motions in Word format.

Judge James E. Simmons, Jr.

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Applies to
Proposed order

Proposed orders or other documents requiring the Judge's signature must not be filed on the docket.

Summary: Documents requiring Judge's signature must not be filed on docket.

Judge James E. Simmons, Jr.

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Applies to
Jury instructions
Must include
proposed order ?

The parties must file proposed jury instructions fourteen (14) days prior to the date of trial, unless otherwise ordered by the Court and email a copy in Word to efile_simmons@casd.uscourts.gov.

Summary: Proposed jury instructions due 14 days before trial, emailed in Word format.

Judge James E. Simmons, Jr.

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Applies to
Trial brief ?
Must include
proposed order ?

Pursuant to Criminal Local Rule 23.1, the parties may, no later than five (5) court days before the date of trial, serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues with citation of relevant statutes, ordinances, rules, cases and other authorities.

Summary: Trial briefs due 5 court days before trial on significant disputed legal issues.

Judge James E. Simmons, Jr.

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Applies to
Voir dire questions
Must include
proposed order ?

Counsel may serve and file proposed voir dire questions and verdict forms on the day set for motions in limine.

Summary: Proposed voir dire questions and verdict forms due on motions in limine hearing day.

Judge James E. Simmons, Jr.

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Applies to
Motion
Must include
certificate of conference ?

counsel for the moving party must include in the motion papers a declaration detailing (1) the date of the meet and confer; (2) counsel’s good faith efforts, in person or by telephone, to meet and confer to resolve differences with opposing counsel; and (3) the positions taken by opposing counsel such that resolution was not possible.

Summary: Motions must include a declaration detailing meet and confer date, good faith efforts, and opposing counsel's positions.

Judge Jinsook Ohta

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Applies to
Proposed order
Must include
caption

B. Proposed Orders. Proposed orders must be submitted simultaneously with all motions. Proposed orders should contain “[PROPOSED]” in brackets in the caption. This Chambers Rule mandating the addition of “[PROPOSED]” supersedes Section 2(h) of the ECF Manual. Counsel must email proposed orders in Word (.doc) format to efile_ohta@casd.uscourts.gov and include the case number and case name in the subject line of the email. Proposed orders or other documents requiring the Judge’s signature must not be filed on the docket.

Summary: Proposed orders must be submitted with motions, include “[PROPOSED]” in caption, emailed in Word format to specified address, not filed on docket.

Judge Jinsook Ohta

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Applies to
Motion

Copies of documents already contained on the electronic docket in any United States district court should not be included as exhibits. Such documents should be cited in the text of the motion with the case name, docket number, filing date, and any other information (e.g., pages or paragraph numbers) that aids the Court (e.g., Doe v. Does, No. 22cv306 (N.D. Cal. Jan. 13, 2022), Dkt. __ at __).

Summary: Do not include as exhibits documents already on any U.S. district court electronic docket; cite them in the motion text instead.

Judge Jinsook Ohta

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Applies to
Motion ?

For cases not assigned to a reporter for publication, Westlaw or Lexis citations should be given, if available. Citations to cases not available in Westlaw or Lexis should be accompanied by copies of the cases cited attached as exhibits.

Summary: Unpublished cases should be cited via Westlaw/Lexis if available; copies of cases not on Westlaw/Lexis must be attached as exhibits.

Judge Jinsook Ohta

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Applies to
Ex parte motion
Must include
certificate of conference ?

All ex parte motions must be accompanied by a declaration from the movant documenting (1) efforts to contact opposing counsel, (2) counsel’s good faith efforts, in person or by telephone, to meet and confer to resolve differences with opposing counsel, and (3) opposing counsel’s position regarding the ex parte motion.

Summary: Ex parte motions must include a declaration documenting contact efforts, meet and confer efforts, and opposing counsel’s position.

Judge Jinsook Ohta

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Applies to
Joint motion
Must include
certificate of conference ?

If the parties reach an agreement, they must file a joint motion with a declaration explaining the reasons for the requested continuance or extension of time.

Summary: Agreed continuances require a joint motion with a declaration explaining the request reasons.

Judge Jinsook Ohta

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Applies to
Proposed pretrial order

The proposed pretrial order must comply with the requirements of Civil Local Rule 16.1(f)(6)(c).

Summary: Proposed pretrial order must comply with Civil Local Rule 16.1(f)(6)(c).

Judge Jinsook Ohta

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Applies to
Motion in limine ?
Must include
certificate of conference ?

Counsel must confirm their good faith attempt to resolve the issues in a declaration that includes (1) the date of the meet and confer; (2) counsel’s good faith efforts, in person or by telephone, to resolve differences with opposing counsel; and (3) the positions taken by opposing counsel such that resolution was not possible.

Summary: Motions in limine must include a declaration confirming good faith meet and confer with specified content.

Judge Jinsook Ohta

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Applies to
Proposed jury instructions ?

The parties are required to jointly submit one set of agreed upon instructions. To submit to the Court one complete set of proposed instructions consisting of 1) preliminary jury instructions; 2) during trial jury instructions; and 3) final jury instructions.

Summary: Parties must jointly submit one set of proposed jury instructions including preliminary, during trial, and final instructions.

Judge Jinsook Ohta

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Applies to
Proposed jury instructions ?

All instruction headings must identify whether the instruction is jointly proposed or, if disputed, the party proposing the instruction.

Summary: Jury instruction headings must identify if jointly proposed or party-proposed if disputed.

Judge Jinsook Ohta

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Applies to
Proposed jury instructions ?

For each disputed instruction, the parties must provide to the Court the factual or legal basis for each party’s position.

Summary: Parties must provide factual/legal basis for each party's position on disputed jury instructions.

Judge Jinsook Ohta

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Criminal cases

Applies to
Motion
Must include
proposed order

Proposed orders must be submitted simultaneously with all motions.

Summary: Proposed orders required with all motions.

Judge Jinsook Ohta

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Criminal cases

Applies to
Proposed order

Proposed orders should contain the word "[PROPOSED]" in brackets in the caption.

Summary: Proposed orders must include "[PROPOSED]" in caption.

Judge Jinsook Ohta

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Criminal cases

Applies to
Proposed order

Counsel must email proposed orders in Word (.doc) format to efile_ohta@casd.uscourts.gov and include the case number and case name in the subject line of the email.

Summary: Proposed orders must be emailed in .doc format with case info in subject line.

Judge Jinsook Ohta

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Criminal cases

Applies to
Proposed order

Proposed orders or other documents requiring the Judge's signature must not be filed on the docket.

Summary: Documents requiring Judge's signature must not be filed on docket.

Judge Jinsook Ohta

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Criminal cases

Applies to
Sentencing
Must include
sentencing summary chart

Counsel shall file a sentencing summary chart at a minimum, and may also file a sentencing memorandum, no later than seven days before the

Summary: Sentencing summary chart required at least 7 days before sentencing.

Judge Jinsook Ohta

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Criminal cases

Applies to
Sentencing letter
Must include
leave of court

No party shall submit more than five sentencing letters without leave of Court.

Summary: Maximum of five sentencing letters allowed without court permission.

Judge Jinsook Ohta

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Criminal cases

Applies to
Discovery
Must include
completion deadline ?

all discovery, including reciprocal discovery and expert discovery, must be completed three weeks before trial.

Summary: Discovery must be completed three weeks before trial.

Judge Jinsook Ohta

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Criminal cases

Applies to
Expert disclosure
Must include
exchange deadlines ?

The first exchange of expert disclosure will take place five weeks before trial and any exchange of rebuttal experts will take place three weeks before trial.

Summary: Expert disclosures due five weeks before trial; rebuttal experts three weeks before.

Judge Jinsook Ohta

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Criminal cases

Applies to
Jury instructions
Must include
joint submission, disputed instructions ?

Jury instructions shall be submitted to the Court two weeks before trial in the following format:

Summary: Jury instructions due two weeks before trial.

Judge Jinsook Ohta

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Criminal cases

Applies to
Trial brief ?
Must include
judge name, case number, certificate of service ?

Pursuant to Criminal Local Rule 23.1, the parties may, no later than two weeks before the date of trial, serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues.

Summary: Trial briefs on significant disputed issues of law must be filed no later than two weeks before trial.

Judge Jinsook Ohta

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Criminal cases

Applies to
Voir dire questions
Must include
judge name, case number, certificate of service ?

Counsel must serve and file any proposed voir dire questions, proposed verdict forms, and the government’s list of witnesses no later than two weeks before the date of trial.

Summary: Proposed voir dire questions, verdict forms, and government witness list must be filed two weeks before trial.

Judge Jinsook Ohta

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Criminal cases

Applies to
Exhibit list ?
Must include
judge name, case number ?

Government counsel must provide a list of exhibits and give it to the courtroom deputy on the first day of trial.

Summary: Government must provide exhibit list to courtroom deputy on first day of trial.

Judge Jinsook Ohta

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Criminal cases

Applies to
Exhibit
Must include
exhibit number ?

All exhibits must be pre-marked on the first day of trial.

Summary: All exhibits must be pre-marked on first day of trial.

Judge Jinsook Ohta

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Criminal cases

Applies to
Exhibit
Must include
motion for admission ?

Before publishing an exhibit to the jury, counsel must either move for admission of the exhibit or allow the Court to inquire whether the opposing side has any objection to publication.

Summary: Must move for admission or allow Court to inquire about objections before publishing exhibits to jury.

Judge Jinsook Ohta

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Civil cases

Applies to
Motion
Must include
proposed order

A proposed order, if required, must be submitted simultaneously with the relevant motion.

Summary: Proposed orders must be submitted with the motion.

Judge Linda Lopez

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Civil cases

Applies to
Proposed order

Counsel must email proposed orders in Word format to efile_Lopez@casd.uscourts.gov, and include the case number and case name in the subject line of the email.

Summary: Proposed orders must be emailed in Word format to specific address.

Judge Linda Lopez

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Civil cases

Applies to
Notice of supplemental authority
Must include
order or opinion copy, case identifying information ?

Under these circumstances, parties may file a notice of supplemental authority that includes a copy of the order or opinion and any case-identifying information.

Summary: Notice of supplemental authority must include order/opinion copy.

Judge Linda Lopez

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Civil cases

Applies to
Joint motion
Must include
proposed order

At the time of the filing of a joint motion, a proposed order must be submitted to the Court pursuant to Section 3(C) above.

Summary: Joint motions require a proposed order at the time of filing.

Judge Linda Lopez

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Civil cases

Applies to
Amended pleading
Must include
redline

Any amended pleading—not just those accompanying a motion for leave to amend—must be accompanied by a redline showing how the amended pleading differs from the operative pleading. Pro se plaintiffs who are incarcerated are excused from this requirement.

Summary: Amended pleadings must include redline showing changes, except for incarcerated pro se plaintiffs.

Judge Linda Lopez

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Civil cases

Applies to
Stipulation of dismissal
Must include
signature, all appearing parties ?

If the magistrate judge does not set a deadline for the filing of a “Joint Motion to Dismiss,” the parties must file a stipulation of dismissal signed by all parties who have appeared pursuant to Federal Rule of Civil Procedure 41(a)(1)(A).

Summary: If no deadline set, parties must file stipulation of dismissal signed by all appearing parties under FRCP 41(a)(1)(A).

Judge Linda Lopez

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Civil cases

Applies to
Joint motion for dismissal
Must include
signed by all parties and counsel, consent to magistrate judge jurisdiction ?

Any joint motion for dismissal that includes a provision that the court retain jurisdiction will be rejected unless it is accompanied by a consent to Magistrate Judge jurisdiction over all disputes arising out of the settlement agreement, including interpretation and enforcement of the settlement agreement, signed by all parties and their counsel.

Summary: Joint dismissal motions retaining jurisdiction require consent to magistrate judge jurisdiction over settlement disputes, signed by all parties.

Judge Linda Lopez

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Civil cases

Applies to
Proposed pretrial order

The proposed pretrial order must strictly comply with the requirements set forth in Civil Local Rule 16.1(f)(6)(c).

Summary: Proposed pretrial order must strictly comply with Civil Local Rule 16.1(f)(6)(c) requirements.

Judge Linda Lopez

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Civil cases

Applies to
Jury instructions
Must include
joint submission ?

The parties should submit proposed joint jury instructions in Word format to the Court via email at efile_Lopez@casd.uscourts.gov on the day set for motions in limine. Joint proposed supplemental instructions must be submitted as the need for them becomes apparent.

Summary: Joint jury instructions must be submitted via email on motions in limine day.

Judge Linda Lopez

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Civil cases

Applies to
Final exhibit witness list ?
Must include
email to chambers, exchange required ?

The parties must also exchange their Final Exhibit and Witness Lists seven (7) days before trial. They must also email a copy of their Final Exhibit and Witness Lists to chambers.

Summary: Final Exhibit and Witness Lists must be exchanged and emailed to chambers 7 days before trial.

Judge Linda Lopez

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Civil cases

Applies to
Proposed findings conclusions ?

Fourteen (14) days before trial, counsel must serve and file proposed Findings of Fact and Conclusions of Law. An electronic copy of the proposed Findings of Fact and Conclusions of Law must be emailed to efile_Lopez@casd.uscourts.gov in Word format.

Summary: Proposed Findings of Fact and Conclusions of Law must be filed 14 days before trial and emailed in Word format.

Judge Linda Lopez

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Civil cases

Applies to
Verdict form
Must include
joint submission ?

The parties should also submit a joint proposed verdict form in Word format to the Court on the day set for motions in limine.

Summary: Joint verdict form must be submitted via email on motions in limine day.

Judge Linda Lopez

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Criminal cases

Applies to
Trial brief
Must include
certificate of service ?

C. Trial Briefs. Pursuant to Criminal Local Rule 23.1, the parties may, no later than five court days before the date of trial, serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues.

Summary: Trial briefs on significant disputed issues of law must be filed no later than five court days before trial.

Judge Linda Lopez

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Criminal cases

Applies to
Proposed voir dire questions
Must include
certificate of service ?

D. Proposed Voir Dire Questions and Verdict Forms. 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 must be filed on the day set for motions in limine.

Judge Linda Lopez

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Criminal cases

Applies to
Exhibit list ?
Must include
certificate of service ?

H. Exhibits. 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. Exhibit stickers may be obtained from the Clerk of the Court or from the Courtroom Deputy Clerk, in advance of trial.

Summary: Government counsel must provide exhibit list to Courtroom Deputy Clerk on first day of trial.

Judge Linda Lopez

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Criminal cases

Applies to
Exhibit publication ?
Must include
motion for admission ?

Before publishing an exhibit to the jury, counsel must either move for admission of the exhibit or allow the Court to inquire whether the opposing side has any objection to publication.

Summary: Counsel must move for admission or allow court inquiry before publishing exhibits to jury.

Judge Linda Lopez

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Applies to
Motion
Must include
proposed order

Any proposed orders must be submitted simultaneously with all motions.

Summary: Proposed orders required with all motions.

Judge Robert S. Huie

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Applies to
Surreply ?
Must include
leave of court

Surreplies and notices of supplemental authority may not be filed unless leave of court has been granted. The only exception to this requirement is if there is a change in binding intervening law that is directly on point issued after the filing. Under these circumstances, parties may file a notice of supplemental authority that includes the case citation and a copy of the order or opinion. Counsel may not include any argument in the notice.

Summary: Surreplies and supplemental authority notices require leave of court, except for binding intervening law.

Judge Robert S. Huie

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Applies to
Summary judgment motion ?
Must include
joint statement of undisputed facts ?

Separate Statements of Fact may not be filed unless leave of Court has been granted. Rather, the parties must meet and confer to arrive at a joint statement of undisputed material facts, which must be filed no later than the reply brief.

Summary: Separate Statements of Fact require leave of court; joint statement required instead.

Judge Robert S. Huie

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Applies to
Amended pleading
Must include
redline

Any amended pleading—not just those accompanying a motion for leave to amend—must be accompanied by a redline showing how the amended pleading differs from the operative pleading. Pro se plaintiffs who are incarcerated are excused from this requirement.

Summary: Amended pleadings require redline showing changes, except for incarcerated pro se plaintiffs.

Judge Robert S. Huie

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Applies to
Stipulation
Must include
signed by court, filed as joint motion ?

Pursuant to Section 2(f)(4) of the ECF Manual, all stipulations must be filed as joint motions. Joint motions must be signed by the Court to have legal effect.

Summary: Stipulations must be filed as joint motions and signed by Court.

Judge Robert S. Huie

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Applies to
Trial exhibits
Must include
electronic format ?

The parties must also submit the trial exhibits in an electronic-media format (e.g., CD, DVD, or USB flash drive) at least three (3) days before trial is set to begin.

Summary: Trial exhibits must be submitted electronically 3 days before trial.

Judge Robert S. Huie

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Applies to
Final exhibit and witness lists
Must include
email to chambers, exchange with opposing counsel ?

The parties must also exchange their Final Exhibit and Witness Lists seven (7) days before trial, and email a copy of their Final Exhibit and Witness Lists to chambers.

Summary: Final Exhibit and Witness Lists must be exchanged 7 days before trial and emailed to chambers.

Judge Robert S. Huie

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Applies to
Motion
Must include
proposed order

In accordance with Section 2(h) of the Electronic Case Filing Administrative Policies and Procedures Manual, counsel shall email proposed orders on motions directly to the Judge’s official email address, which is efile_huie@casd.uscourts.gov.

Summary: Proposed orders must be emailed to efile_huie@casd.uscourts.gov.

Judge Robert S. Huie

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Applies to
Motion
Must include
proposed order

Proposed orders should be submitted simultaneously with the motion, and no later than two (2) days prior to the scheduled hearing.

Summary: Proposed orders must be submitted with motion and no later than 2 days before hearing.

Judge Robert S. Huie

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Applies to
Motion
Must include
proposed order

The proposed order must also include a requirement that any defendant on pretrial release sign and file an acknowledgement of the new court date within 48 hours of the continuance motion being granted.

Summary: Proposed order must require defendant to acknowledge new date within 48 hours.

Judge Robert S. Huie

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Applies to
Jury instructions ?
Format
DOCX ?

Any non-model instructions must be submitted to the Court in Word format directly to the chambers email address, which is efile_huie@casd.uscourts.gov.

Summary: Non-model jury instructions must be submitted in Word format to efile_huie@casd.uscourts.gov.

Judge Robert S. Huie

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Applies to
Jury selection ?

Counsel will exercise their respective challenges using the “blind strike” method. That is, each side will exercise their peremptory challenges simultaneously and confidentially by marking those jurors they wish to excuse on the provided strike sheet. The Courtroom Deputy Clerk will collect the parties’ strike sheets and, after reconciling those sheets, will inform the parties of the first twelve (12) remaining (non-challenged) jurors. The parties will also be informed of the four (4) eligible alternate jurors. The strike sheets will be returned to the parties, who will then use the blind strike method to exercise their one additional peremptory challenge with respect to the four (4) eligible alternate jurors. The Courtroom Deputy Clerk will again collect the strike sheets and, after reconciling those sheets, announce to the parties who the two alternate jurors will be.

Summary: Peremptory challenges must be exercised using blind strike method with two rounds.

Judge Robert S. Huie

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Applies to
Witness examination ?

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.

Summary: Only one lawyer per party may examine a witness and make objections for that witness.

Judge Robert S. Huie

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Applies to
Objections

When objecting, state only the legal ground for the objection, e.g., “Objection, hearsay,” or “Objection, Rule 802.” Speaking objections are not permitted, unless the Court requests further information from counsel.

Summary: Objections must state only legal grounds; speaking objections are prohibited unless requested by Court.

Judge Robert S. Huie

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Applies to
Exhibits

All exhibits must be pre-marked on the first day of trial. Exhibit stickers may be obtained from the Clerk of the Court or from the Courtroom Deputy Clerk, in advance of trial.

Summary: All exhibits must be pre-marked on first day of trial.

Judge Robert S. Huie

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Applies to
Exhibits

Before publishing an exhibit to the jury, counsel must either move for admission of the exhibit or allow the Court to inquire whether the opposing side has any objection to publication.

Summary: Counsel must move for admission or allow Court to inquire about objections before publishing exhibits.

Judge Robert S. Huie

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Civil cases

Applies to
Notice of motion
Must include
certificate of conference ?

If the parties are unable to reach a resolution that eliminates the need to file the anticipated motion, counsel for the moving party must include in the notice of motion a statement to the following effect: 'This motion is made following the conference of counsel that took place on [date].'

Summary: Notice of motion must include statement about pre-motion conference.

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Notice of motion
Must include
caption

In the caption of its notice of motion and motion, the moving party shall include the selected hearing date and the following: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.

Summary: Notice of motion must include hearing date and 'NO ORAL ARGUMENT' statement.

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Exhibit
Must include
caption, judge name, case number ?

F. Exhibits. All exhibits submitted in support of motions should be excerpted to include only relevant material. All exhibits must be clearly labeled, dated, tabbed, and indexed. Copies of pleadings, motions, and/or Court orders already contained on the electronic docket should not be included as exhibits. Such documents should be clearly cited in the text of the motion referencing the docket number of the document cited and the ECF generated page number for pinpoint cites, enabling the Court to quickly locate the location of the cited material (e.g., Doc. No. ___ at ___).

Summary: Exhibits must be excerpted, labeled, dated, tabbed, indexed, and cited with docket numbers.

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Proposed order
Must include
caption, local rule certificate ?

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

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

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Proposed order
Must include
proposed order

Counsel must email proposed orders in Word format to efile_montenegro@casd.uscourts.gov and include the case number, case name, and identify the motion(s) to which the proposed order corresponds in the subject line of the email.

Summary: Proposed orders must be emailed in Word format to specific address with case details in subject line.

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Proposed order
Must include
proposed order

Proposed orders or other documents requiring the judge’s signature must not be filed on the docket.

Summary: Proposed orders and signature-required documents must not be filed on the docket.

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Motion to amend ?
Must include
proposed order ?

Counsel must attach as an exhibit a redline from the operative pleading to the new pleading or the Court may strike the motion and proposed amended pleading.

Summary: Redline exhibit required with motion to amend or motion may be struck.

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Ex parte application
Must include
service on opposing counsel ?

Any ex parte application filed with the Court must be served on opposing counsel via electronic mail with return receipt requested, or overnight mail.

Summary: Ex parte applications must be served on opposing counsel via email with return receipt or overnight mail.

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Final pretrial conference order
Must include
proposed order ?

Plaintiff(s) must lodge the proposed final pretrial conference order with the Court a week before the final pretrial conference, unless otherwise specified in the Court’s Scheduling Order or other orders.

Summary: Proposed final pretrial conference order due one week before final pretrial conference.

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Final pretrial conference order
Must include
local rule certificate ?

The final pretrial conference order must strictly comply with Civil Local Rule 16.1(f).

Summary: Final pretrial conference order must comply with Local Rule 16.1(f).

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Joint exhibit list
Must include
no lettering, joint exhibit list, continuous numbering ?

The Court will order counsel to prepare a joint exhibit list due on the same day as the proposed final pretrial conference order, such that all exhibits that may be used at trial appear on one list. All exhibits must be numbered continuously and not lettered. Counsel may agree to number ranges (e.g., Plaintiff has 1–100 and Defendant has 101–200) for their respective uses.

Summary: Joint exhibit list required, numbered continuously (not lettered), due with final pretrial order.

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Jury instructions
Must include
proposed order ?

Parties must file joint proposed jury instructions at the same time as the proposed final pretrial conference order unless otherwise ordered by the Court.

Summary: Joint proposed jury instructions must be filed with final pretrial conference order.

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Jury instructions ?
Must include
email submission ?

The parties shall also email the instructions in Word format to the Court’s email address at efile_montenegro@casd.uscourts.gov.

Summary: Email jury instructions in Word format to specified court email address.

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Jury instructions
Must include
citations

With respect to form preliminary instructions, general instructions, or concluding instructions, counsel shall include in their joint packet the full text of these instructions with citation to the Ninth Circuit Manual of Model Civil Jury Instructions and/or the Judicial Council of California Civil Jury Instructions (“CACIs”).

Summary: Form instructions must include citations to Ninth Circuit Manual and/or CACIs.

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Jury instructions
Must include
citations, stipulated instruction labeling ?

If the instruction is undisputed, the instruction shall be identified as “Stipulated Instruction No. _ re _____.” Even if the parties stipulate to the instruction, each instruction should be accompanied by a citation to the Model Civil Jury Instructions and/or other authority.

Summary: Undisputed instructions must be labeled as "Stipulated Instruction" with citations.

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Joint motion to dismiss
Must include
proposed order

If the parties settle a case, counsel must immediately notify this Court and the magistrate judge of the settlement. Unless a “Notice of Dismissal” is filed under Federal Rule of Civil Procedure 41(a)(1), for which a court order is not required, the parties must file a “Joint Motion to Dismiss” and email the proposed order to this Court within twenty-eight (28) days of the settlement.

Summary: Settlement requires immediate notice and joint motion to dismiss within 28 days.

Judge Ruth Bermudez Montenegro

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Criminal cases

Applies to
Motion
Must include
proposed order

In accordance with Section 2(h) of the Electronic Case Filing Administrative Policies and Procedures Manual, counsel shall email proposed orders on motions directly to the Judge’s official email address, which is efile_Montenegro@casd.uscourts.gov. Proposed orders should be submitted simultaneously with the motion, no later than two (2) Court days prior to the scheduled hearing.

Summary: Proposed orders must be emailed to judge's address with motion, 2 court days before hearing.

Judge Ruth Bermudez Montenegro

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Criminal cases

Applies to
Sentencing memorandum
Must include
sentencing summary chart

Both parties must file a Sentencing Summary Chart and Sentencing Memorandum in all cases.

Summary: Sentencing Summary Chart and Sentencing Memorandum required in all cases.

Judge Ruth Bermudez Montenegro

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Criminal cases

Applies to
Sentencing memorandum ?
Must include
letter limit ?

No party shall submit more than five (5) letters unless authorized by the court for good cause shown.

Summary: Maximum of 5 letters allowed unless court authorizes more.

Judge Ruth Bermudez Montenegro

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Criminal cases

Applies to
Sentencing
Must include
supervised release conditions provided ?

The Court expects defense counsel to read, explain, and provide their client with a copy of the Mandatory and Standard Conditions of Supervised Release prior to sentencing.

Summary: Defense counsel must provide client with Supervised Release conditions before sentencing.

Judge Ruth Bermudez Montenegro

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Criminal cases

Applies to
Sentencing memorandum ?
Must include
guideline recommendations supported by record ?

The parties must ensure that their respective Sentencing Guideline recommendations are supported by the record before the Court.

Summary: Sentencing Guideline recommendations must be supported by the record.

Judge Ruth Bermudez Montenegro

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Criminal cases

Applies to
Sentencing ?
Must include
compliance with criminal local rule 32 1 ?

The parties are expected to strictly comply with the requirements and deadlines in Criminal Local Rule 32.1.

Summary: Strict compliance required with Criminal Local Rule 32.1.

Judge Ruth Bermudez Montenegro

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Criminal cases

Applies to
Motion to modify terminate supervised release ?
Must include
positions of usao and probation officer ?

Motions and Joint Motions to Modify or Terminate supervised release conditions or the term, must include a statement regarding the positions of the United States Attorney’s Office and the United States Probation Officer supervising the defendant.

Summary: Motions to modify/terminate supervised release must include positions of USAO and Probation Officer.

Judge Ruth Bermudez Montenegro

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Criminal cases

Applies to
Motion to seal

Any motion to seal must set forth: (1) a description of the particular document(s) or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); (3) affidavits or declarations in support of the motion; and (4) the documents to be sealed.

Summary: Motions to seal must include a description of documents to seal, applicable legal standard and analysis, supporting affidavits/declarations, and the documents to be sealed.

Judge Todd W. Robinson

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Criminal cases

Applies to
Sentencing guideline recommendation
Must include
local rule certificate ?

The parties are expected to follow Criminal Local Rule 32.1. Additionally, the parties must ensure that their respective Sentencing Guideline recommendations are supported by the record before the Court.

Summary: Parties must follow Criminal Local Rule 32.1 and ensure Sentencing Guideline recommendations are supported by the record.

Judge Todd W. Robinson

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Criminal cases

Applies to
Standard conditions of supervised release

The Court expects defense counsel, in any felony matter, to read, explain, and provide their client with a copy of the Standard Conditions of Supervised Release prior to sentencing.

Summary: Defense counsel must read, explain, and provide client with Standard Conditions of Supervised Release prior to sentencing in felony cases.

Judge Todd W. Robinson

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Criminal cases

Applies to
Jury instructions ?

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: Modified jury instructions must specify the modification and supporting authority.

Judge Todd W. Robinson

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Criminal cases

Applies to
Exhibit

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 counsel must submit an exhibit list to the Courtroom Deputy Clerk on the first day of trial, and all exhibits must be pre-marked that day.

Judge Todd W. Robinson

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Civil cases

Applies to
All ?
Must include
local rule certificate ?

“Rule 11 imposes a duty on attorneys [and pro se litigants] to certify that they have conducted a reasonable inquiry and have determined that any papers filed with the court are well grounded in fact[ and] legally tenable.”

Summary: Rule 11 requires reasonable inquiry and certification of well-grounded filings.

Judge Todd W. Robinson

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Civil cases

Applies to
Opposition
Must include
objections to motion evidence ?

Objections to evidence submitted in support of a motion must be contained within the opposition brief, and objections to evidence submitted in support of an opposition must be contained within the reply brief. No separate statements of objections will be allowed or considered.

Summary: Objections to evidence must be in opposition or reply brief; no separate objection statements allowed.

Judge Todd W. Robinson

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Civil cases

Applies to
All ?
Must include
local rule certificate ?

Accordingly, failure to exercise due care in reviewing and filing work product created with the assistance of generative AI tools may violate Rule 11 and other applicable standards of practice and expose the filer to sanctions or other corrective or disciplinary action.

Summary: Failure to exercise due care with AI-generated work may result in Rule 11 violations and sanctions.

Judge Todd W. Robinson

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Civil cases

Applies to
Joint motion to dismiss ?
Must include
consent to jurisdiction

Any joint motion for dismissal or notice of dismissal that includes a provision that the Court retain jurisdiction will be rejected unless it is accompanied by a Consent to Jurisdiction by a United States Magistrate Judge form ("Consent Form") over all disputes arising out of the settlement agreement, including interpretation and enforcement of the settlement agreement, signed by all parties and their counsel.

Summary: Dismissal motions retaining jurisdiction require signed Magistrate Judge Consent Form.

Judge Todd W. Robinson

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Civil cases

Applies to
Jury instructions

Unless otherwise ordered by the Court, the parties shall serve their proposed preliminary and final jury instructions on each other with sufficient time to meet, confer, and jointly file a complete set of agreed-upon instructions no later than two (2) weeks before the PTC.

Summary: Proposed jury instructions due 2 weeks before PTC.

Judge Todd W. Robinson

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Civil cases

Applies to
Jury instructions objections ?

If the parties file supplemental sets of instructions not agreed upon, any objections shall be due no later than one (1) week before the PTC. Any objection shall contain a concise statement of argument concerning the objection, including citations to authority.

Summary: Objections to supplemental jury instructions due 1 week before PTC.

Judge Todd W. Robinson

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Civil cases

Applies to
Jury instructions

In addition to filing the proposed preliminary and final jury instructions on the docket, the parties shall email the agreed-upon instructions and any supplemental instructions not agreed upon in Word format to the E-file Email.

Summary: Email jury instructions in Word format to E-file Email.

Judge Todd W. Robinson

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Civil cases

Applies to
Jury questionnaire verdict form ?

Unless otherwise ordered by the Court, following meet-and-confer efforts, counsel shall serve, file, and lodge in Word format to the E-file Email a joint proposed jury questionnaire for use during voir dire and a joint proposed verdict form no later than two (2) weeks before the PTC.

Summary: Joint jury questionnaire and verdict form due 2 weeks before PTC.

Judge Todd W. Robinson

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Civil cases

Applies to
Jury questionnaire verdict form objections ?

Any written objections to the other party’s proposed jury questionnaire and/or verdict form must be filed no later than one (1) week before the PTC.

Summary: Objections to jury questionnaire/verdict form due 1 week before PTC.

Judge Todd W. Robinson

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Civil cases

Applies to
Jury questionnaire verdict form ?

In addition to filing the proposed jury questionnaire(s) and verdict form(s) on the docket, the parties shall email the proposed jury questionnaire(s) and verdict form(s) in Word format to the E-file Email.

Summary: Email jury questionnaire and verdict form in Word format to E-file Email.

Judge Todd W. Robinson

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Civil cases

Applies to
Stipulations

Stipulations and agreements must be reduced to writing and marked as an exhibit. All facts that are not contested must be listed in a form suitable to be read to the jury.

Summary: Stipulations must be in writing and marked as exhibit.

Judge Todd W. Robinson

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Civil cases

Applies to
Witness and exhibit list

On the first day of trial, each party shall provide Ms. Ortiz with two (2) copies of its witness and exhibit lists in the form specified in Civil Local Rules 16.1(f)(2)(c) and (d). All exhibits must be pre-marked on the first day of trial.

Summary: Witness and exhibit lists due to Ms. Ortiz on first day of trial, all exhibits must be pre-marked.

Judge Todd W. Robinson

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Civil cases

Applies to
Exhibits

Even if the parties stipulate to their admission, the Court will not receive into evidence any exhibits that have not been the subject of witness testimony.

Summary: Exhibits must have witness testimony to be admitted.

Judge Todd W. Robinson

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Civil cases

Applies to
Demonstrative exhibit

No later than seven (7) calendar days before the start of trial, the parties shall exchange any demonstrative exhibits that will be used during opening statements or during the testimony of any expert witness. Any objections to the demonstrative exhibits must be filed no later than three (3) court days before the first day of trial.

Summary: Demonstrative exhibits must be exchanged 7 days before trial, objections due 3 court days before trial.

Judge Todd W. Robinson

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Civil cases

Applies to
Proposed order
Must include
proposed order

Proposed orders must be submitted in Word format simultaneously with all motions that are not fully noticed and set for hearing twenty-eight (28) days or more after the date of filing.

Summary: Proposed orders in Word format required with motions not set for hearing 28+ days after filing.

Judge William Q. Hayes

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Civil cases

Applies to
Oral argument
Must include
in person attendance ?

Unless otherwise ordered by the Court, all oral argument must be attended by counsel in person, and will be heard in open court.

Summary: Oral argument must be attended in person unless otherwise ordered.

Judge William Q. Hayes

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Civil cases

Applies to
Motion in limine

All motions in limine are due two weeks before the motion in limine hearing date.

Summary: Motions in limine due 2 weeks before motion in limine hearing date.

Judge William Q. Hayes

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Civil cases

Applies to
Motion in limine response ?

All responses are due seven (7) days before the motion in limine hearing date.

Summary: Responses to motions in limine due 7 days before hearing date.

Judge William Q. Hayes

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Civil cases

Applies to
Joint proposed materials ?

Unless otherwise ordered by the Court, the joint proposed jury instructions, proposed verdict form, voir dire questions, statement of the case, exhibit binders and proposed verdict forms are also due seven (7) days before the motion in limine hearing date.

Summary: Joint proposed jury instructions, verdict form, voir dire, statement of case, exhibit binders due 7 days before motion in limine hearing date.

Judge William Q. Hayes

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Civil cases

Applies to
Joint motion to dismiss
Must include
email proposed order ?

If the magistrate judge does not set a deadline for the filing of a 'Joint Motion to Dismiss,' the parties must file the 'Joint Motion to Dismiss' and email a proposed order to this Court within twenty-eight (28) days of the settlement.

Summary: File Joint Motion to Dismiss and email proposed order within 28 days of settlement if no deadline set.

Judge William Q. Hayes

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Criminal cases

Applies to
Exhibit list ?
Must include
exhibit list, pre marked exhibits ?

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.

Judge William Q. Hayes

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Prior to the initial CMC, the parties must lodge a Joint CMC Statement with the Court at efile_goddard@casd.uscourts.gov that complies with the Court’s Requirements for Joint Case Management Statements (https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Joint%20Case%20Management%20Statement%20Rules.pdf).

Machine summary

Before the initial CMC, the parties must lodge a compliant Joint CMC Statement with the Court by email.

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Civil cases

Applies to
Joint case management statement

The parties must file a Joint Case Management Statement no later than ten calendar days before the initial Case Management Conference scheduled pursuant to CivLR 16.1.d that includes the following information:

Summary: Parties must file the joint case management statement at least ten calendar days before the initial case management conference.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Joint case management statement ?

1. Jurisdiction and Service: The basis for this Court’s subject matter jurisdiction over plaintiff’s claims and defendant’s counterclaims; whether any parties remain to be served; and a proposed deadline for service if any parties remain to be served.

Summary: The joint case management statement must include jurisdiction, service status, and any proposed service deadline.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Joint case management statement ?

2. Facts: A brief chronology of the facts and a statement of the principal factual issues in dispute.

Summary: The joint case management statement must provide a brief factual chronology and identify principal factual disputes.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Joint case management statement ?

3. Legal Issues: A brief statement, without extended legal argument, of the disputed points of law, including citations to specific statutes and relevant cases.

Summary: The joint case management statement must briefly identify disputed legal issues with statute and case citations, without extended argument.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Joint case management statement ?

4. Motions: All past and pending motions relating to this case, their current status, and any anticipated future motions.

Summary: The joint case management statement must list past and pending motions, their status, and anticipated future motions.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Joint case management statement ?

5. Amendment of Pleadings: The extent to which current parties, claims, or defenses are expected to be modified (i.e., added or dismissed), and a proposed deadline for amending the pleadings.

Summary: The joint case management statement must address expected pleading amendments and propose a deadline to amend pleadings.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Joint case management statement ?
Must include
local rule certificate ?

6. Checklist for Rule 26(f) Conference: A certification that the parties have reviewed the Court’s Checklist for Rule 26(f) Conference, which can be found at https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Rule%2026(f)%20Conference%20Checklist.pdf, and a summary of any actual or anticipated disputes regarding items on the Checklist.

Summary: The joint case management statement must include a Rule 26(f) checklist certification and a summary of any checklist disputes.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Joint case management statement ?

7. Disclosures: Whether there has been full and timely compliance with the initial disclosure requirements of Fed. R. Civ. P. 26(a)(1).

Summary: The joint case management statement must state whether parties fully and timely complied with initial disclosure obligations under Rule 26(a)(1).

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Joint case management statement ?

9. Related Cases: Any related cases or proceedings pending before another judge of this Court, or before another court or administrative body.

Summary: The joint case management statement must disclose related cases or proceedings in this court or other tribunals.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Joint case management statement ?

10: Relief: All relief sought through complaint or counterclaim, including the amount of any damages sought and a description of the bases on which damages should be calculated. Additionally, any party from whom damages are sought must describe the bases upon which it contends damages should be calculated if liability is established.

Summary: The joint case management statement must detail all requested relief and damages calculations, including the responding party’s damages-calculation basis if liability is found.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Joint case management statement ?

11. Settlement: Summary of any formal or informal settlement discussions, including dates, participants, and outcomes.

Summary: The joint case management statement must summarize settlement discussions with dates, participants, and outcomes.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Joint case management statement ?

12. Scheduling: Proposed dates for expert disclosures, discovery and motion cutoffs, pretrial conference, and trial.

Summary: The joint case management statement must propose dates for expert disclosures, discovery and motion cutoffs, pretrial conference, and trial.

Magistrate Judge Allison H. Goddard

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Joint case management statement ?

13. Trial: Whether the case will be tried to a jury or to the Court, and the expected length of the trial.

Summary: The joint case management statement must specify jury or bench trial and estimated trial length.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Joint case management statement ?

14. Disclosure of Non-Party Interested Entities or Persons: If applicable, whether each party has filed a Notice of Party with Financial Interest required by CivLR 40.2.

Summary: The joint case management statement must address whether each party filed any required notice of party with financial interest under CivLR 40.2.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Joint case management statement ?

15. Professional Conduct: Confirmation that all attorneys who will be listed in the pleadings or motions for any party have reviewed CivLR 2.1 and agree to abide by the Court’s Code of Conduct.

Summary: The joint case management statement must confirm that all listed attorneys reviewed CivLR 2.1 and agree to follow the court’s code of conduct.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Joint case management statement ?

16. Patent Cases: Proposed modifications to the deadlines provided in the Patent Local Rules; the need for, and specific limits on, discovery relating to claim construction; and whether there is a need to phase damage discovery.

Summary: In patent cases, the joint case management statement must address proposed patent-rule deadline changes, claim-construction discovery limits, and whether damage discovery should be phased.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Joint case management statement ?

17. Other Matters: Any other matters that may facilitate the just, speedy, and inexpensive disposition of this matter.

Summary: The joint case management statement must include other matters that may help resolve the case justly, quickly, and inexpensively.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Joint case management statement
Must include
certificate of service, local rule certificate ?

The parties must file a Joint Case Management Statement no later than ten calendar days before the initial Case Management Conference scheduled pursuant to CivLR 16.1.d that includes the following information:

Summary: Joint Case Management Statement due 10 calendar days before initial Case Management Conference

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Litigation hold
Must include
certificate of service ?

The parties should confirm that they are preserving relevant evidence, including electronically stored information (“ESI”), and that proper litigation holds are in place.

Summary: Litigation holds required for preserving ESI.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Discovery plan ?

The parties should discuss the sources of relevant information, including corporate and personal accounts, and disclose all software and applications that are used to generate, manage, and store that information.

Summary: Sources of relevant information and software applications must be disclosed.

Magistrate Judge Allison H. Goddard

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to
Settlement conference statement

Rather, the parties must include their written settlement proposals in their respective Settlement Conference Statements to the Court.

Summary: Each party must include its written settlement proposals in its Settlement Conference Statement to the Court.

Magistrate Judge Allison H. Goddard

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to
Settlement conference statement ?

Exhibits must be bookmarked within the .pdf file.

Summary: Exhibits must be bookmarked within the PDF file.

Magistrate Judge Allison H. Goddard

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to
Settlement conference statement or confidential settlement letter ?

The parties must submit the additional information below either in the Settlement Conference Statement or the Confidential Settlement Letter.

Summary: Parties must include the specified additional settlement information in either their Settlement Conference Statement or Confidential Settlement Letter.

Magistrate Judge Allison H. Goddard

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Criminal cases

Applies to
Bond documents
Must include
certificate of service, local rule certificate ?

Counsel must present all bond documents in the form approved by the Court to Judge Goddard's CRD for review before bringing them to chambers. See Crim.LR. 46.1 for more information. The bond documents must include a copy of the Court’s Order of Conditions of Release applicable to the defendant.

Summary: Bond documents must be presented to CRD for review before chambers; must include Court's Order of Conditions of Release.

Magistrate Judge Allison H. Goddard

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Criminal cases

Applies to
Sentencing summary chart
Must include
judge name, case number ?

In Class A Misdemeanor cases, counsel shall file a sentencing summary chart and/or sentencing memorandum no later than 2 days before the sentencing hearing or change of plea hearing.

Summary: Class A Misdemeanor cases require sentencing summary chart/memorandum filed 2 days before sentencing or plea hearing.

Magistrate Judge Allison H. Goddard

Not confirmed. Read the court's wording below.CRITICAL?

Criminal cases

Applies to
Material witness bond

Material Witness bonds must include a notation, in the upper right hand corner of the bond, of the arraignment date and the initials of counsel for the material witness.

Summary: A Material Witness bond must note the arraignment date and counsel’s initials in its upper right-hand corner.

Magistrate Judge Allison H. Goddard

Not confirmed. Read the court's wording below.CRITICAL?

Applies to
Checklist

To that end, the Court requires attorneys and pro se litigants to review this Checklist at the initial conference required under Fed. R. Civ. P. 26(f).

Summary: Attorneys and pro se litigants must review the Checklist at the Rule 26(f) initial conference.

Magistrate Judge Barbara L. Major

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Order
Must include
meet and confer, initial disclosures, joint discovery plan +2 more ?

Please read this order carefully. The order will require, among other things, the parties to meet and confer, file a joint discovery plan, serve initial disclosures, lodge ENE statements, and attend the ENE/CMC conference.

Summary: Order requires meet and confer, joint discovery plan, initial disclosures, ENE statements, and conference attendance.

Magistrate Judge Barbara L. Major

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Order
Must include
compliance with all requirements ?

Again, read the orders carefully as parties are required to comply with all of the requirements contained therein.

Summary: Parties must comply with all requirements in orders.

Magistrate Judge Barbara L. Major

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
ENE MSC SC ?
Must include
attendance, preparation ?

All named parties and party representatives, insurance adjusters for insured parties, and principal attorneys are required to participate in the settlement proceeding and must be legally and factually prepared to discuss settlement of the case.

Summary: All named parties, representatives, insurance adjusters, and principal attorneys must participate in settlement proceedings.

Magistrate Judge Barbara L. Major

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
ENE MSC SC ?
Must include
full settlement authority

The Court further requires that all attendees have 'full settlement authority' as defined in the Court's order. A limited or sum certain settlement authority is not acceptable as each party must be able to engage in meaningful face-to-face discussions with the unfettered ability to change the party's settlement position.

Summary: Full settlement authority required for all attendees; limited authority not acceptable.

Magistrate Judge Barbara L. Major

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Discovery motion
Must include
certificate of conference ?

The discovery motion must contain at a minimum 1) a declaration from lead trial counsel establishing compliance with the meet and confer efforts; 2) the exact wording of the discovery request and response, and 3) an explanation as to why the response is inadequate, precisely what additional information the moving party is seeking, and the legal authority supporting the motion.

Summary: Discovery motions must include declaration, discovery request/response, and explanation with legal authority.

Magistrate Judge Barbara L. Major

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Protective order
Must include
signature blocks ?

All stipulated protective orders must be filed as a joint motion. The joint motion must contain the language of the stipulated protective order sought and the parties’ electronic signatures.

Summary: Stipulated protective orders must be filed as joint motions with electronic signatures.

Magistrate Judge Barbara L. Major

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Protective order

The parties must also email a proposed order, in Word format, containing the text of the protective order to efile_major@casd.uscourts.gov.

Summary: Proposed protective order must be emailed in Word format to efile_major@casd.uscourts.gov.

Magistrate Judge Barbara L. Major

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Ex parte application
Must include
relief sought, description of dispute, notice to opposing counsel +1 more ?

Appropriate ex parte applications must be filed electronically on CM/ECF necessary. The application also must include a description of the dispute, the relief sought, and a declaration describing the efforts made to resolve the dispute without the Court’s intervention and establishing that reasonable and appropriate notice of the filing of the ex parte application was made to opposing counsel in accordance with Civil Local Rule 83.3.g.

Summary: Ex parte applications must be filed on CM/ECF with specific content

Magistrate Judge Barbara L. Major

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline
28 calendar days before msc ?
Applies to
Settlement proposal
Must include
specific monetary demand, specific remediation demand ?

No later than 28 calendar days before the Mandatory Settlement Conference (“MSC”), the Plaintiff must serve on the Defendant a written settlement proposal, which must include a specific monetary demand (and, if applicable, a demand for specific remediation or other action).

Summary: Plaintiff must serve written settlement proposal with specific monetary demand 28 days before MSC.

Magistrate Judge David D Leshner

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline
21 calendar days before msc ?
Applies to
Settlement response ?
Must include
specific offer amount

The Defendant must respond to the Plaintiff in writing with a specific offer amount no later than 21 calendar days before the MSC.

Summary: Defendant must respond with specific offer amount 21 days before MSC.

Magistrate Judge David D Leshner

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Settlement proposal ?

The parties shall not file or copy the Court on these exchanges.

Summary: Settlement proposals and responses must not be filed with or copied to the Court.

Magistrate Judge David D Leshner

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline
10 calendar days before msc ?
Applies to
Msc statement

No later than 10 calendar days prior to the MSC, each party shall submit a MSC Statement that will be exchanged with the other parties. Each party may also submit an optional Confidential Settlement Letter (not to exceed 5 pages) that will be for the Court’s review only.

Summary: MSC Statement required 10 days before MSC; optional 5-page Confidential Settlement Letter for Court only.

Magistrate Judge David D Leshner

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Applies to
Proposed order
Must include
proposed order

All proposed orders should be submitted by email (efile_leshner@casd.uscourts.gov) in Word format and should be free of any attorney names, firm names, document management numbers or insignia in the caption, margins or footer.

Summary: Proposed orders must be emailed in Word format without identifying information.

Magistrate Judge David D Leshner

Machine summary. Not checked yet.CRITICAL?

Applies to
Plea document ?
Must include
judge name, case number ?

The parties must lodge all plea-related documents no later than noon the day before any change of plea hearing. Where plea-related documents are not timely lodged, the change of plea will be taken off calendar and rescheduled for another day.

Summary: Plea documents must be lodged by noon day before hearing

Magistrate Judge Guillermo Cabrera

Machine summary. Not checked yet.CRITICAL?

Applies to
Letter ?

After meet and confer attempts have been exhausted, the movant must e-mail chambers at efile_cabrera@casd.uscourts.gov seeking a conference to discuss the discovery dispute. The email must include: (1) at least three proposed dates and times mutually agreed upon by the parties for the conference; (2) a neutral statement of the dispute; and (3) one sentence describing (not arguing) each party’s position. The movant must copy all counsel on the email.

Summary: Emails to chambers requesting discovery dispute conferences must include 3 agreed dates, neutral dispute statement, and one sentence per party position.

Magistrate Judge Guillermo Cabrera

Machine summary. Not checked yet.CRITICAL?

Applies to
Protective order

If the parties jointly seek a protective order that differs from his model protective order, the joint motion must explain the basis for the proposed changes, and the parties must attach to the joint motion a redlined copy of the proposed protective order highlighting the changes.

Summary: Protective orders differing from the model must include an explanation of changes and a redlined copy highlighting changes.

Magistrate Judge Guillermo Cabrera

Machine summary. Not checked yet.CRITICAL?

Applies to
Notice of settlement

If the parties reach a settlement outside the presence of the Court, counsel must promptly email chambers to advise of the settlement and file a Notice of Settlement.

Summary: Counsel must file a Notice of Settlement upon case settlement.

Magistrate Judge Janet A. Cabral

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Joint discovery statement
Must include
certificate of service ?

No later than 30 calendar days after the date upon which the event giving rise to the discovery dispute occurred (see § V.E), if the parties have been unable to resolve their dispute through the meet and confer process, the parties shall: Lodge a Joint Discovery Statement with the Court.

Summary: Joint Discovery Statement must be lodged within 30 days of dispute.

Magistrate Judge Jill L. Burkhardt

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Civil cases

Applies to
Stipulated protective order
Must include
joint motion

All stipulated protective orders submitted for the Court's approval must be filed as a joint motion pursuant to CivLR 7.2.

Summary: Stipulated protective orders must be filed as joint motions.

Magistrate Judge Jill L. Burkhardt

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Litigation hold
Must include
certificate of service ?

The parties should confirm that they are preserving relevant evidence, including electronically stored information (“ESI”), and that proper litigation holds are in place. The parties should be wary of applying too narrow a definition of what constitutes relevant ESI, since a miscalculation could lead to the permanent loss of relevant information.

Summary: Confirm ESI preservation and litigation holds are in place.

Magistrate Judge Karen S. Crawford

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Settlement conference
Must include
in person appearance ?

All named parties, party representatives, claims adjusters for insured defendants, and the principal attorney(s) responsible for the litigation, must be present in person and prepared to discuss and resolve the case at the ENE or any other settlement conference.

Summary: All key parties must appear in person at settlement conferences.

Magistrate Judge Michael S. Berg

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Protective order motion ?
Must include
proposed order, signature blocks ?

When filing a motion for entry of a stipulated protective order, the motion must include the language of the stipulated protective order and the signatures of counsel for all parties.

Summary: Stipulated protective order motions require order language and all counsel signatures.

Magistrate Judge Michael S. Berg

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Ex parte motion
Must include
certificate of conference ?

All ex parte motions must comply with Civ. LR 83.3(g). Further, declaration(s) in support of the ex parte motion must describe meet and confer efforts made to resolve the dispute without the Court's intervention.

Summary: Ex parte motions must comply with Civ. LR 83.3(g) and include meet-and-confer declarations.

Magistrate Judge Michael S. Berg

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Rule 26f conference ?
Must include
certificate of conference ?

Attorneys and pro se litigants should review the topics set forth in this Checklist at the initial conference required under Fed. R. Civ. P. 26(f).

Summary: Attorneys and pro se litigants must review this checklist at the Rule 26(f) conference.

Magistrate Judge Michelle M. Pettit

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Protective order
Must include
certificate of conference ?

The parties should discuss whether a protective order is necessary prior to exchanging information in discovery and the timing for submitting a proposed order to the Court.

Summary: Parties must discuss protective order necessity before discovery exchange.

Magistrate Judge Michelle M. Pettit

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Litigation hold
Must include
certificate of conference ?

The parties should confirm that they are preserving relevant evidence, including electronically stored information ("ESI"), and that proper litigation holds are in place.

Summary: Parties must confirm preservation of relevant evidence and litigation holds.

Magistrate Judge Michelle M. Pettit

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Litigation hold
Must include
certificate of conference ?

The parties should consider and discuss the following: The scope of any litigation hold, including, but not limited to, a description of information sources to be preserved, date ranges for any ESI to be preserved, and names, job titles, or descriptions of custodians for whom ESI will be preserved;

Summary: Parties must discuss litigation hold scope, date ranges, and custodians.

Magistrate Judge Michelle M. Pettit

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Esi exemptions ?
Must include
certificate of conference ?

Whether certain categories of ESI need not be reviewed, preserved or produced because they are inaccessible, burdensome, not proportional, or unlikely to yield relevant information;

Summary: Parties must discuss ESI categories that may be exempt from review/preservation.

Magistrate Judge Michelle M. Pettit

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Automatic destruction
Must include
certificate of conference ?

Whether to continue any automatic destruction program, such as ongoing erasures of e-mails, voicemails, videos, or other electronically stored material;

Summary: Parties must discuss whether to continue automatic destruction programs.

Magistrate Judge Michelle M. Pettit

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Preservation disputes ?
Must include
certificate of conference ?

Any disputes related to the scope or manner of preservation;

Summary: Parties must discuss any disputes regarding preservation scope or manner.

Magistrate Judge Michelle M. Pettit

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Data storage locations ?
Must include
certificate of conference ?

Location of systems in which potentially discoverable information is stored.

Summary: Parties must discuss locations of systems storing discoverable information.

Magistrate Judge Michelle M. Pettit

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Information sources ?
Must include
certificate of conference ?

The parties should discuss the sources of relevant information, including corporate and personal accounts, and disclose all software and applications that are used to generate, manage, and store that information.

Summary: Parties must discuss sources of relevant information and disclose software/applications.

Magistrate Judge Michelle M. Pettit

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Search methodology ?
Must include
certificate of conference ?

The parties should discuss what search methodologies will be used to identify responsive ESI, including the use of search terms, technology assisted review ("TAR"), or Generative Artificial Intelligence ("GenAI") tools, and how those

Summary: Parties must discuss search methodologies including TAR and GenAI for ESI.

Magistrate Judge Michelle M. Pettit

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Discovery motion
Must include
local rule certificate, certificate of conference ?

Any discovery motion must include: 1. A declaration from lead trial counsel establishing compliance with the in-person or videoconference meet and confer requirement; 2. The exact wording of the discovery request and response in dispute; and 3. An explanation as to why the response is inadequate, precisely what additional information the moving party is seeking including any offers to narrow the request, and the legal authority supporting the motion.

Summary: Discovery motions must include declaration of meet and confer, exact request/response, and explanation with legal authority.

Magistrate Judge Michelle M. Pettit

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Proposed order
Must include
proposed order

Proposed Orders: All proposed orders should be submitted by email (efile_Pettit@casd.uscourts.gov) in Word format and should be free of any attorney names, firm names, document management numbers, or insignia in the caption, margins, or footer.

Summary: Proposed orders must be emailed in Word format without identifying information.

Magistrate Judge Michelle M. Pettit

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to
Plea agreement
Must include
signature blocks ?

The Court requires counsel to obtain their client=s signature on all essential documents necessary for the hearing to proceed, including waivers of indictment, plea agreements and consent forms, in advance of the hearing.

Summary: Counsel must obtain client signatures on essential documents before hearings.

Magistrate Judge Mitchell D. Dembin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to
Plea document
Must include
original fully executed

In addition, all original, fully executed plea documents, including the Rule 11 consent form, must be delivered to the Courtroom Deputy (located on the 12th Floor of the Carter Keep Building) no later than 12:00 PM the day of the hearing (unless otherwise directed by the court).

Summary: Plea documents must be delivered to Courtroom Deputy by 12:00 PM on hearing day.

Magistrate Judge Mitchell D. Dembin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to
Sentencing document
Must include
filing deadline ?

In cases in which the defendant will be sentenced by Judge Dembin, the Court requests that all sentencing documents be filed 24 hours in advance of the sentencing hearing.

Summary: Sentencing documents must be filed 24 hours before sentencing hearing.

Magistrate Judge Mitchell D. Dembin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to
Bail modification motion ?
Must include
supporting documents ?

Parties must provide all documents being relied upon of the hearing, preferably 24 hours in advance.

Summary: Documents relied upon must be provided 24 hours before hearing.

Magistrate Judge Mitchell D. Dembin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to
Joint bail modification motion ?
Must include
signature blocks, certificate of conference ?

The Court will accept written joint motions for modification of bail conditions in all cases in which the defendant is released on bond. The Joint Motion must be signed by both defense and government counsel, the defendant, and must accurately reflect the position of the Pretrial Services Officer supervising the defendant.

Summary: Joint bail modification motions require signatures from both counsel, defendant, and must reflect Pretrial Services Officer's position.

Magistrate Judge Mitchell D. Dembin

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Criminal cases

Applies to
Bail document
Must include
chambers review ?

Bail documents, in the format approved by the Court, must be presented to Judge Dembin=s Courtroom Deputy for review.

Summary: Bail documents must be presented to Courtroom Deputy for review.

Magistrate Judge Mitchell D. Dembin

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Criminal cases

Applies to
Bail document
Must include
surety addendum, bail information sheet, receipt of cash deposit +2 more ?

The bail documents must include, at a minimum, a copy of the Order of Conditions of Release applicable to the defendant, the bail information sheet, the surety addendum(s) and the advice of penalties and sanctions form executed by the defendant, as well as a copy of the receipt of the cash deposit, if required.

Summary: Bail documents must include specific forms and receipts.

Magistrate Judge Mitchell D. Dembin

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Criminal cases

Applies to
Material witness bond
Must include
arraignment date notation ?

Material witness bonds must also be presented to the Courtroom Deputy and must include a notation, in the upper right-hand corner of the bond, of the arraignment date of the material witness.

Summary: Material witness bonds require arraignment date notation.

Magistrate Judge Mitchell D. Dembin

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Civil cases

Applies to
Settlement brief ?
Must include
case facts, settlement demand, prior negotiations ?

a. A brief description of the essential facts of the case and the elements of the claims or defenses asserted; b. A specific and current demand for settlement addressing all relief or remedies sought. If a specific demand for settlement cannot be made at the time the brief is submitted, the reasons must be stated along with a statement as to when the party will be in a position to state a demand; and, c. A brief description of any previous settlement negotiations or mediation efforts.

Summary: Briefs must include case facts, settlement demand, and prior negotiations

Magistrate Judge Mitchell D. Dembin

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Civil cases

Applies to
Joint discovery plan
Must include
lodged with chambers

The Joint Discovery Plan must be lodged with chambers no later than five (5) days prior to the ENE/CMC.

Summary: Joint Discovery Plan due 5 days before ENE/CMC

Magistrate Judge Mitchell D. Dembin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Settlement conference
Must include
in person appearance ?

The Court requires all named parties, lead counsel, and any other person(s) whose authority is required to negotiate and enter into settlement to appear in person at the ENE and other settlement conferences.

Summary: All named parties and authorized representatives must appear in person

Magistrate Judge Mitchell D. Dembin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Excusal motion ?
Must include
good cause required, ex parte or joint motion ?

Following telephonic contact with chambers, counsel can expect to be instructed to file an ex parte or Joint Motion, as appropriate, which will be granted only upon good cause shown.

Summary: After contacting chambers, file ex parte or joint motion for excusal

Magistrate Judge Mitchell D. Dembin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to
Motion to amend scheduling order ?
Must include
declaration

The motion shall include a declaration by counsel detailing the steps taken to comply with the dates and deadlines set in the order, and the specific reasons why deadlines cannot be met.

Summary: Motion to amend scheduling order must include declaration detailing compliance efforts and reasons for deadline issues.

Magistrate Judge Mitchell D. Dembin

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Civil cases

Applies to
Joint motion
Must include
points and authorities, certificate of conference ?

The joint motion shall be accompanied by: (1) a declaration of compliance with the meet and confer requirement; and, (2) points and authorities (not to exceed five (5) pages per side).

Summary: Joint Motion must include meet-and-confer declaration and 5-page points and authorities per side.

Magistrate Judge Mitchell D. Dembin

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Applies to
Joint motion
Must include
proposed order

Proposed orders must be submitted simultaneously with the filing of all joint motions. The proposed order should be emailed to efile_battaglia@casd.uscourts.gov in Word. Proposed orders must not be submitted or filed on CM/ECF. See CASD ECF Policies & Procedures § 2(h).

Summary: Proposed orders for joint motions must be emailed in Word, not filed on CM/ECF

Senior Judge Anthony J. Battaglia

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Applies to
Ex parte motion
Must include
proposed order

Proposed orders must be submitted simultaneously with the filing of all ex parte motions. The proposed order should be emailed to efile_battaglia@casd.uscourts.gov in Word. Proposed orders must not be submitted or filed on CM/ECF. See CASD ECF Policies & Procedures § 2(h).

Summary: Proposed orders for ex parte motions must be emailed in Word, not filed on CM/ECF

Senior Judge Anthony J. Battaglia

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Applies to
Ex parte motion
Must include
service on opposing counsel ?

Any ex parte motion filed with the Court must be served on opposing counsel via facsimile, electronic mail with return receipt requested, or overnight mail.

Summary: Ex parte motions must be served on opposing counsel via fax, email with return receipt, or overnight mail

Senior Judge Anthony J. Battaglia

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Applies to
Errata

Errata and notices of errata are not permitted.

Senior Judge Anthony J. Battaglia

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Applies to
Jury instructions
Must include
proposed order ?

The parties must file proposed jury instructions and verdict forms with their joint pretrial conference order, unless otherwise ordered by the Court and email a copy in Word to efile_battaglia@casd.uscourts.gov.

Summary: Proposed jury instructions and verdict forms must be filed with joint pretrial conference order and emailed in Word format.

Senior Judge Anthony J. Battaglia

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Applies to
Witness list ?
Must include
judge name, case number ?

The parties must file witness and exhibit lists 7 days prior to the date of the trial, unless otherwise ordered by the Court.

Summary: Witness and exhibit lists must be filed 7 days before trial.

Senior Judge Anthony J. Battaglia

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Applies to
Trial procedure ?

Counsel may freely use the well for opening statement or closing argument. Witness examination must be done from the podium.

Summary: Counsel may use well for opening/closing but must examine witnesses from podium.

Senior Judge Anthony J. Battaglia

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Applies to
Exhibit table of contents ?
Must include
table of contents

A table of contents of the exhibits on the thumb drive must be submitted by counsel as well.

Summary: Table of contents required for exhibits on thumb drive.

Senior Judge Anthony J. Battaglia

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Applies to
Exhibit thumb drive ?
Must include
illustrative exhibits, exhibits marked for identification ?

Counsel are also jointly responsible for creating a thumb drive of all exhibits marked for identification but not received in evidence, along with illustrative only exhibits.

Summary: Joint responsibility to create thumb drive of exhibits marked but not received in evidence.

Senior Judge Anthony J. Battaglia

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Applies to
Exhibit handling ?

Exhibits may not be passed among the jury during trial.

Senior Judge Anthony J. Battaglia

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Applies to
Jury note ?
Must include
date, signature blocks ?

Please remember that the notes must be dated and signed by the foreperson.

Summary: Jury notes must be dated and signed by foreperson.

Senior Judge Anthony J. Battaglia

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to
Settlement approval ?

The specific findings required by Probate Code § 3604(b)(1) must be met.

Summary: The specific findings required by Probate Code § 3604(b)(1) must be met when approving a settlement and creating an SNT.

Senior Judge Anthony J. Battaglia

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to
Petition
Must include
proposed order

Counsel must file a proposed order with their petition which must comply with CivLR 17.1. and California Probate Code § 3600, et. Seq. CivLR 17.1.b.4.b.

Summary: Counsel must file a proposed order with the petition for approval, complying with the cited local rule and Probate Code provisions.

Senior Judge Anthony J. Battaglia

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to
Guardianship distribution ?
Must include
certificate of service ?

Should a guardian be necessary a certified copy of guardianship letters and a state court certificate must be filed with the clerk prior to any distribution to the guardian unless otherwise ordered by the court.

Summary: When a guardian is necessary, certified guardianship letters and a state court certificate must be filed with the clerk before any distribution to the guardian, unless the court orders otherwise.

Senior Judge Anthony J. Battaglia

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to
Settlement order ?

A directive that the petitioner will provide proof that all liens have been satisfied prior to the establishment of the trust;

Summary: The order must direct the petitioner to provide proof that all liens have been satisfied before the trust is established.

Senior Judge Anthony J. Battaglia

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to
Guardian ad litem application ?

If a custody order is in effect, the most recent order must be attached.

Summary: If a custody order is in effect, the most recent order must be attached to the guardian ad litem application.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Discovery
Must include
certificate of conference ?

Discovery is Stayed Until a Rule 26(f) conference Occurs.

Summary: Discovery is stayed until Rule 26(f) conference occurs.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Discovery

Discovery Cut-off Dates.

Summary: Discovery cut-off dates apply.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?

Timing for Submission.

Summary: Timing requirements for joint discovery plan.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?

Scope of the Plan.

Summary: Scope requirements for joint discovery plan.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?

Scheduling Considerations

Summary: Scheduling considerations for joint discovery plan.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Initial disclosure

Initial Disclosures [Rule 26(a)(1)(A-D)].

Summary: Initial disclosure requirements.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Disclosure

Timing and Format of Disclosures.

Summary: Timing and format requirements for disclosures.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Supplement

When Are Supplements Required?

Summary: Supplement timing requirements.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Supplement ?

To Whom Does the Duty Extend?

Summary: Duty extension requirements.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Supplement ?

Required Timing of Supplementation.

Summary: Timing requirements for supplementation.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Supplement

Satisfying the Duty to Supplement.

Summary: Requirements for satisfying duty to supplement.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Ex parte application
Must include
certificate of service, local rule certificate ?

In the Southern District of California, ex parte applications and orders are covered under Civ. L.R. 83.3.h.2. The application must include an affidavit or declaration with regard to notice, the reasons to dispense with notice, or attempts to provide notice without success. Additional chambers requirements may also be applicable given the assigned judge.

Summary: Ex parte applications must include affidavit/declaration regarding notice and reasons to dispense with notice under Civ. L.R. 83.3.h.2.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rule 26f conference
Must include
participation ?

The attorneys of record and all unrepresented parties must participate in the Rule 26(f) conference.

Summary: All attorneys of record and unrepresented parties must participate in Rule 26(f) conference.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rule 26f conference ?
Must include
rule 26a initial disclosures

The timing, the form, or the requirements for the Rule 26(a) initial disclosures.

Summary: Rule 26(f) conference must discuss timing, form, and requirements for Rule 26(a) initial disclosures.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rule 26f conference ?
Must include
discovery planning ?

Subjects on which discovery may be needed, when discovery should be complete, and in what order discovery should proceed, as well as any other related issues:

Summary: Rule 26(f) conference must discuss discovery needs, timing, and order.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rule 26f conference ?
Must include
patent case dispute identification ?

In patent cases, discussion should include the identity of the claims, products, devices, methods, etc. in dispute to promote the quality and thoroughness of the required disclosures and help with the planning for discovery.

Summary: Patent cases require discussion of claims, products, devices, and methods in dispute during Rule 26(f) conference.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan

A joint discovery plan must be prepared and submitted to the court within 14 days following the Rule 26(f) conference. Fed. R. Civ. P. 26(f)(2).

Summary: Joint discovery plan must be submitted within 14 days of Rule 26(f) conference.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?

The discovery plans are not filed, but are lodged in the case, and should be lodged directly with the judge managing the case. In the Southern District of California, that is the assigned magistrate judge.

Summary: Discovery plans are lodged (not filed) with the assigned magistrate judge.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?

The discovery plan needs to address the discovery that will be sought by each party and the time by which it will be completed.

Summary: Discovery plan must address scope of discovery and completion timeline.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?
Must include
case management conference ?

The parties should also discuss and report their positions regarding the deadlines for amending the pleadings or adding parties, the last date for filing dispositive motions and their estimates of timing for setting the final pretrial conference and trial.

Summary: Parties must discuss and report deadlines for amending pleadings, adding parties, filing dispositive motions, and timing for final pretrial conference and trial.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan
Must include
patent case timing ?

In patent cases, the likely timing contemplated for claim construction hearings [See Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996)]; and dispositive motions (i.e., summary judgment) should be included in the joint discovery plan. The other issues required under any local rule (e.g., the Patent Local Rules for the Southern District of California) must also be discussed.

Summary: In patent cases, timing for claim construction hearings and dispositive motions must be included in joint discovery plan.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?
Must include
class action timing ?

In class action cases, the timing for the contemplated class certification motion should be discussed as well as any necessary discovery on that issue.

Summary: In class action cases, timing for class certification motion and related discovery must be discussed.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?
Must include
electronic discovery protocols ?

In cases involving discovery of computer-based information or data, counsel should address the protocols or procedures for this discovery as part of the discovery plan.

Summary: In cases with computer-based discovery, protocols and procedures must be addressed in the discovery plan.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?
Must include
daubert issues ?

The extent to which issues under Daubert are known and will require resolution.

Summary: Daubert issues that are known and will require resolution must be addressed.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?
Must include
protective orders

The need for and any issues associated with protective orders with regard to proprietary information should be indicated.

Summary: Need for protective orders regarding proprietary information must be indicated.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?
Must include
electronic discovery privilege ?

The handling of electronically stored information and the method for protection of the attorney client privilege in circumstances of inadvertent disclosure. (See Section X.G., infra).

Summary: Handling of electronically stored information and attorney-client privilege protection must be addressed.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan
Must include
disagreements noted ?

Disagreements concerning the plan or differing estimates over timing should be noted in the joint discovery plan for later resolution by the court at the Rule 16(b) Case Management Conference.

Summary: Disagreements over discovery plan or timing must be noted in joint discovery plan for court resolution.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?
Must include
discovery before motion filing ?

As a general consideration, all discovery should be completed in advance of the motion filing cutoff dates.

Summary: All discovery must be completed before motion filing cutoff dates.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?
Must include
markman before dispositive ?

In patent cases, Markman issues usually need to be resolved in advance of dispositive motions, since claims interpretation must be done before many dispositive motions can be decided.

Summary: In patent cases, Markman issues must be resolved before dispositive motions.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?
Must include
daubert by dispositive deadline ?

In a 2013 amendment of the Patent Local Rules, the Southern District of California has directed that motions with regard to all Daubert issues, in all patent cases, be heard by the dispositive motion cut-off deadline. Patent L.R. 2.1.a.4.

Summary: In Southern District of California, Daubert motions must be heard by dispositive motion cut-off deadline.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Deposition

Depositions shall otherwise be conducted in compliance with the FRCP and the FRE.

Summary: Depositions must comply with FRCP and FRE.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?
Must include
final pretrial conference timing ?

The Rule 16(d) Final Pretrial Conference is set 60 to 90 days after the motion filing cutoff.

Summary: Final Pretrial Conference is set 60-90 days after motion filing cutoff.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Initial disclosure ?
Must include
witness names, document copies, damages computation +1 more ?

A party must provide the other parties with the names of witnesses and copies of the documents it may use to support its claims or defenses (unless solely for impeachment 7), a computation for and supporting documentation for damages, and applicable insurance agreements:

Summary: Initial disclosures must include witnesses, documents, damages computations, and insurance agreements

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Initial disclosure ?
Must include
reasonably available information ?

A party must disclose information “reasonably available” at the time.

Summary: Initial disclosures must include only information reasonably available at the time

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Initial disclosure ?
Must include
only intended use ?

A party is not obligated to disclose witnesses or documents, whether favorable or unfavorable, that it does not intend to use

Summary: Parties need not disclose witnesses or documents they do not intend to use

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Initial disclosure ?

The Committee Note provides, “[the term] ‘use’ includes any use at a pretrial conference, to support a motion, or at trial. The disclosure obligation is also triggered by intended use in discovery, apart from use to respond to a discovery request; use of a document to question a witness during a deposition is a common example.”

Summary: Disclosure obligation triggered by intended use in pretrial, motion, trial, or discovery

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Initial disclosure ?
Must include
scope narrowed ?

The former rule provided for the disclosure of information that was “relevant to disputed facts alleged with particularity in the pleadings.” (Emphasis added.) This language has been abandoned, thus narrowing the disclosure obligation from subject matter (i.e., relevant to) to supportive of claims and defenses;

Summary: Disclosure obligation narrowed from "relevant to" to "supportive of" claims and defenses

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Initial disclosure
Must include
expert information excluded ?

Although no authority or express direction is set forth in the Rule, expert information would not typically be within the scope of initial disclosure. A separate process for expert disclosure exists under Rule 26(a)(2), contemplated to be at a time when discovery is underway, and there is a more complete basis for experts to form their opinions.

Summary: Expert information not included in initial disclosures; separate process under Rule 26(a)(2)

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Initial disclosure ?
Must include
service, signature ?

The disclosure must be in writing, signed and served, unless otherwise ordered by the court.

Summary: Disclosures must be in writing, signed, and served

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Initial disclosure ?
Must include
signature ?

Disclosures must be signed by an attorney of record or an unrepresented party.

Summary: Disclosures must be signed by attorney or unrepresented party

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Initial disclosure ?

The fact that an investigation is not complete does not excuse a party’s obligation to disclose. See Rule 26(a)(1)(E).

Summary: Incomplete investigation does not excuse initial disclosure obligations.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Initial disclosure ?

The fact that a party challenges the other party’s disclosure does not excuse a party’s obligation to disclose. Id.

Summary: Challenging another party's disclosure does not excuse one's own disclosure obligations.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Initial disclosure ?
Must include
duty to supplement

The duty to supplement disclosures does not require a party to supplement disclosures automatically. The duty is imposed only where a party makes a disclosure under Rule 26(a) and when the party is ordered by the court or, “if the party learns that in some material respect the disclosure or response is incomplete or incorrect[.]”

Summary: Duty to supplement disclosures only when ordered by court or party learns disclosure is incomplete/incorrect

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Supplemental disclosure ?
Must include
written supplementation ?

The duty to supplement is satisfied when the additional or corrective information has been otherwise made known during the discovery process or in writing. Rule 26(e)(1). A careful practitioner should make sure a writing or formal supplementation or correction is made rather than rely on the argument that the additional or corrective information has been otherwise made available

Summary: Duty to supplement satisfied by written disclosure or formal supplementation, not just oral discovery

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Supplemental disclosure ?
Must include
sanctions for non compliance ?

Sanctions are severe and can include exclusion of the material or information that a party has failed to disclose under this Rule. See Chapter XX, infra, regarding sanctions.

Summary: Failure to supplement can result in exclusion of undisclosed material

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Expert disclosure ?
Must include
mandatory expert disclosure ?

The Rule mandates disclosure of the expert materials, and does not allow for an “opt out” by local rule or general order. The court, may, on a case-by-case basis, alter these requirements in the interest of justice.

Summary: Expert disclosure required under Rule 26(a)(2), no opt-out allowed except case-by-case by court

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Expert disclosure ?
Must include
certificate of conference ?

Compliance with Rule 26(a)(2) is a condition precedent to the use of expert testimony at trial.

Summary: Rule 26(a)(2) compliance is required before using expert testimony at trial.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Expert disclosure ?
Must include
certificate of conference ?

The party advocating the expert testimony is obligated to make the identified experts available to testify at a deposition [Fed. R. Civ. P. 26(b)(4)].

Summary: Expert witnesses must be available for deposition after disclosure.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Expert report ?
Must include
certificate of conference ?

The production of written reports is required of expert witnesses who were 'retained or specially employed to provide expert testimony in the case or one whose duties as the party's employee regularly involve giving expert testimony.'

Summary: Written reports required for retained/specially employed expert witnesses.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rebuttal report

Rebuttal reports are intended solely to contradict or rebut evidence on the same subject matter identified by another party under Rule 26(a)(2)(B) or (C). They are more limited than the “affirmative” expert reports required by the Rule. A rebuttal report that exceeds the scope of the Rule is subject to exclusion.

Summary: Rebuttal reports must be limited to same subject matter as opposing party's expert disclosure.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rebuttal report ?

The phrase “same subject matter” should be read narrowly because a broad reading that “encompass[es] any possible topic that relates to the subject matter at issue [ ] will blur the distinction between ‘affirmative expert’ and ‘rebuttal expert.’

Summary: Same subject matter must be read narrowly for rebuttal reports.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rebuttal report

The rebuttal report is not an invitation to bring in new opinions or other experts to present the same opinions provided previously by a parties’ initial experts.

Summary: Rebuttal reports cannot introduce new opinions or experts.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Expert disclosure ?

Unless otherwise directed by the court, principal information must be disclosed at least 90 days before trial. Fed. R. Civ. P. 26(a)(2)(C). In the Southern District of California, the magistrate judges will impose a schedule relating the disclosure to the pretrial conference, rather than trial.

Summary: Principal expert disclosures due 90 days before trial or as directed by magistrate.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rebuttal expert disclosure ?

Unless otherwise directed by the court, contradictory/rebuttal information must be disclosed 30 days after a principal disclosure. Rule 26(a)(2)(D)(ii).

Summary: Rebuttal expert disclosures due 30 days after principal disclosures.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Pretrial disclosure ?
Must include
judge name, case number, certificate of service ?

Former Local Civil Rule 16.1.f.10.c required a pretrial meeting of counsel, seven calendar days before trial. This rule was superseded by the 30-day period specified in Rule 26(a)(3). Because the proposed amendments prevent a local rule or general order from altering the deadlines and schedule of the provisions of Rule 26, the new 30-day rule will apply unless otherwise directed by the court.

Summary: Pretrial disclosures must be made 30 days before trial under Rule 26(a)(3), superseding former 7-day meeting requirement.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Pretrial disclosure ?
Must include
signature, service on opposing counsel ?

The disclosures must be made in writing, signed and served upon opposing counsel. Fed. R. Civ. P. 26(a)(4).

Summary: Pretrial disclosures must be in writing, signed, and served on opposing counsel.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Pretrial disclosure ?

These disclosures must be made at least 30 days before trial, unless otherwise directed by the court.

Summary: Pretrial disclosures must be made at least 30 days before trial.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Discovery plan
Must include
judge name, case number, certificate of service ?

The parties must also develop a discovery plan that form or forms in which it should be produced, search terms or search methods, and whether the parties have agreed to or require the court to enter an order protecting their right to assert privilege after inadvertent production of privileged information.

Summary: Discovery plan must address ESI production format, search terms/methods, and privilege protection agreements.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Search protocol ?
Must include
certificate of service ?

One issue that needs particular attention is the protocol for computer data searches, including search terms or search methods. This is true in a general sense, but also as it relates to any deleted information which might be occupying 'unallocated space' waiting to be overwritten.

Summary: Protocol for computer data searches including search terms/methods and handling of deleted information in unallocated space must be addressed.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Discovery response ?

The 2015 Committee Note points out that this will alleviate confusion when objections are stated but documents are otherwise produced, leaving the requesting party uncertain whether responsive information has been withheld on the basis of the objections.

Summary: Objections must specify whether responsive materials are being withheld.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Discovery response ?

An objection to part of a request must specify the part and permit inspection of the rest.

Summary: Partial objections must specify the objected portion and allow inspection of the remainder.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Discovery response ?

Of course, documents withheld on the basis of privilege will still require a privilege log.

Summary: Privilege-based document withholdings require a privilege log.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Discovery ?
Must include
certificate of service ?

Case law clearly provides litigants have a duty to preserve evidence which is known, or reasonably should be known, to be relevant to the action. Baliotis v. McNeil, 870 F. Supp. 1285 (M.D. Pa. 1994). In fact, the duty to preserve extends to that period before litigation when “a party reasonably should know the evidence may be relevant to anticipated litigation.” E*Trade Sec. LLC v. Deutsche Bank AG, 230 F.R.D. 582, 588 (D. Minn. 2005).

Summary: Duty to preserve evidence applies to relevant evidence known or reasonably should be known to be relevant, including before litigation.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Discovery
Must include
certificate of service ?

"A party or anticipated party must retain all relevant documents (but not multiple identical copies) in existence at the time the duty to preserve attaches, and any relevant documents created thereafter.” Zubulake v. UBS Warburg, Inc., 220 F.R.D. 212, 218 (S.D.N.Y. 2003) (“Zubulake IV”)35. This duty does not extend to keeping every document possessed by a party, but rather any document within the classic definition of Fed. R. Civ. P. 26(b)(1) relative to the scope of discovery in federal cases. That is, what a party knows, or reasonably should know, is relevant to any claim or defense in the action, or is reasonably calculated to lead to the discovery of admissible evidence. To that, case law adds information that is reasonably likely to be requested during discovery, or is the subject of a pending discovery request.

Summary: Duty to preserve requires retention of relevant documents within scope of Rule 26(b)(1), including information likely to be requested.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Litigation hold
Must include
certificate of service ?

Once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a “litigation hold” to ensure the preservation of relevant documents.

Summary: Parties must implement litigation hold when litigation is reasonably anticipated.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Client instructions ?
Must include
certificate of service ?

make sure to provide written instructions to clients regarding the requirement to preserve, including a direction to place a litigation hold to prevent deletion, and communicate the potential consequences for failure to do so.

Summary: Counsel must provide written preservation instructions to clients.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Deposition

At the beginning of the deposition, deposing counsel shall instruct the witness to ask deposing counsel, rather than the witness’ own counsel, for clarifications, definitions, or explanations of any words, questions, or documents presented during the deposition. The witness shall abide by these instructions;

Summary: Witness must ask deposing counsel for clarifications during depositions

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Deposition

All objections, except those which would be waived if not made at the deposition under Rule 32(d)(3)(B), and those necessary to assert a privilege, to enforce a limitation on evidence directed by the court, or to present a motion pursuant to Rule 30(d), shall be preserved. Therefore, those objections need not and shall not be made during depositions;

Summary: Most objections must be preserved but not made during depositions

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Deposition ?

Counsel shall not direct or request that a witness not answer a question, unless that counsel has objected to the question claiming the answer is protected by a privilege or a limitation on evidence directed by the court;

Summary: Counsel cannot instruct witnesses not to answer questions except for privilege or court limitations

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Deposition ?

Counsel shall not make objections or statements which might suggest an answer to a witness. Counsels’ statements when making objections should be succinct and verbally economical, stating the basis of the objection and nothing more;

Summary: Objections must be brief and cannot suggest answers to witnesses

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Deposition

Counsel and their witness-clients shall not engage in private, off-the-record conferences during depositions;

Summary: Private off-the-record conferences between counsel and witnesses are prohibited during depositions

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Deposition
Must include
document copies ?

Deposing counsel shall provide to the witness' counsel a copy of all documents shown to the witness during the deposition. The copies shall be provided either before the deposition begins or contemporaneously with the showing of each document to the witness. The witness and witness' counsel do not have the right to discuss documents privately before the witness answers questions about them;

Summary: Deposing counsel must provide copies of all documents shown to witness during deposition, either before or contemporaneously with showing.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Deposition ?

Any conferences which occur pursuant to, or in violation of, guideline e. shall be noted on the record by the counsel who participated in the conference. The purpose and outcome of the conference shall also be noted on the record;

Summary: Conferences during deposition must be noted on record with purpose and outcome.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Deposition ?

Rule 30(c) provides that the examination 'of a deponent proceed[s] as they would at trial under the Federal Rules of Evidence[.]' This means that counsel should refrain from interjecting comments and statements. That would be inappropriate. Rule 30(c) also provides that if objections are made, testimony is taken subject to the objection.

Summary: Deposition examination must proceed as at trial; objections are noted but testimony continues.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Deposition ?

Rule 30(d)(1) prohibits 'argumentative' or 'suggestive' objections and also limits instructions not to answer.

Summary: Rule 30(d)(1) prohibits argumentative/suggestive objections and limits instructions not to answer.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Pretrial disclosure
Must include
witness designation ?

A party must designate the witnesses whose testimonies will be presented by deposition, unless it is presented solely for impeachment under Rule 26(a)(3)(A). This is part of the pretrial disclosures required in every federal case. The pretrial designation date will be set as part of the case scheduling order. If no such date has been set, then the designation must be made at least 30 days before trial. A failure to disclose this information could result in exclusion of the evidence. Fed. R. Civ. P. 37(c)(1).

Summary: Witnesses for deposition testimony must be designated in pretrial disclosures at least 30 days before trial.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Final pretrial order
Must include
deposition list ?

Many judges require parties to submit '[a] list of all deposition transcripts by page and line, or videotape depositions by section that will be offered at trial', as part of the Final Pretrial Order in a case. Civ. L.R. 16.1.f.6. A failure to list this information can result in exclusion of the evidence as a violation of the court's order.

Summary: Final Pretrial Order must include list of deposition transcripts by page/line or videotape sections.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Interrogatories

Interrogatories may not be served before the time specified in Rule 26(d);

Summary: Interrogatories cannot be served before Rule 26(d) timing.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Interrogatory response ?
Must include
signature ?

Like all disclosures and discovery requests, interrogatories' responses and objections must be signed by an attorney of record or by an unrepresented party. Fed. R. Civ. P. 26(g)(1).

Summary: Interrogatory responses must be signed by attorney or unrepresented party.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rule 34 request response objection ?
Must include
signature required ?

Each request, response or objection must be signed by an attorney of record or by an unrepresented party.

Summary: Rule 34 requests, responses, and objections must be signed.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rule 34 request response objection ?
Must include
certification required ?

The signing certifies, to the best of the signor's knowledge, information, and belief formed after a reasonable inquiry, that the request, response or objection is: Consistent with the FRCP and warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law; Not interposed for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; and, Neither unreasonable, nor unduly burdensome or expensive, considering the needs of the case, prior discovery in the case, the amount in controversy, and the importance of the issues at stake in the action.

Summary: Signed Rule 34 documents must certify compliance with FRCP and good faith.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rule 34 request response objection ?
Must include
unsigned documents struck ?

There is no duty for other parties to act on any unsigned disclosure, request, response, or objection, and the court must strike these following notice to the proponent.

Summary: Unsigned Rule 34 documents must be struck by court.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Discovery motion ?
Must include
certificate of conference ?

A certificate of compliance regarding the meet and confer must be filed by the moving party concerning the dispute. Local Civil Rule 26.1.b.

Summary: Certificate of meet and confer compliance required with discovery motions.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Ex parte motion
Must include
certificate of conference ?

Ex parte motions will be accompanied by a declaration from counsel documenting: (1) efforts to contact opposing counsel; (2) counsel’s meet and confer efforts; and (3) opposing counsel’s position regarding the ex parte motion.

Summary: Ex parte motions require declaration documenting contact efforts

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Motion to compel
Must include
certificate of conference ?

The key in succeeding on a motion to compel is, of course, completing the meet and confer obligation under Rule 26 first.

Summary: Must complete meet and confer under Rule 26 before motion to compel

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Discovery motion ?
Must include
certificate of conference ?

The Court will entertain no motion pursuant to Rules 26 through 37, Fed. R. Civ. P., unless counsel will have previously met and conferred concerning all disputed issues." Id. "If counsel have offices in the same county, they are to meet in person. If counsel have offices in different counties, they are to confer by telephone. Under no circumstances may the parties satisfy the meet and confer requirement by exchanging written correspondence." Id. (emphasis added). A certificate of compliance regarding the meet and confer must be filed by the moving party concerning the dispute. Local Civil Rule 26.1.b.

Summary: Discovery motions (Rules 26-37) require a meet and confer certificate of compliance; in-person or telephone conference required, written correspondence prohibited.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Motion
Must include
certificate of conference ?

before filing an ex parte motion, counsel must contact the opposing party motions will be accompanied by a declaration from counsel documenting: (1) efforts to contact opposing counsel; (2) counsel's meet and confer efforts; and (3) opposing counsel's position regarding the ex parte motion. Any ex parte motion filed with the Court must be served on opposing counsel via facsimile, electronic mail with return receipt requested, or overnight mail.

Summary: Ex parte motions must include a declaration documenting meet and confer efforts and be served via fax, email with return receipt, or overnight mail.

Senior Judge Anthony J. Battaglia

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Criminal cases

Applies to
Motion
Must include
local rule certificate ?

Criminal motions requiring a predicate factual finding must be supported by declaration(s). See CrimLR. 47.1.g.1.

Summary: Criminal motions requiring factual findings must include supporting declarations.

Senior Judge Anthony J. Battaglia

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Criminal cases

Applies to
Jury instructions

Proposed Jury Instructions: The parties must file proposed jury instructions and verdict forms 7 days prior to the date of trial, unless otherwise ordered by the Court and email a copy in Word to efile_battaglia@casd.uscourts.gov. Counsel must meet and confer and submit a joint set of agreed jury instructions. Counsel must also submit a separate set of any instructions they propose to which there is an objection. The Court prefers to use the Model Jury Instructions for the Ninth Circuit whenever possible.

Summary: Proposed jury instructions must be filed 7 days before trial with emailed Word copy, joint agreed set, and separate objections set.

Senior Judge Anthony J. Battaglia

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Criminal cases

Applies to
Witness exhibit lists ?

Witness and Exhibit Lists: The parties must file witness and exhibit lists 7 days prior to the date of the trial, unless otherwise ordered by the Court.

Summary: Witness and exhibit lists must be filed 7 days before trial.

Senior Judge Anthony J. Battaglia

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Criminal cases

Applies to
Trial brief

Trial Briefs: Trial briefs are due the same date as Motions in Limine are to be filed.

Summary: Trial briefs are due on the same date as Motions in Limine.

Senior Judge Anthony J. Battaglia

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Criminal cases

Applies to
Motion to seal ?

documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); (3) affidavits or declarations in support of the motion; and (4) the documents to be sealed. The motion must state the date of the next scheduled hearing in the case.

Summary: Motion to seal must include grounds, legal standard analysis, affidavits, documents to be sealed, and next hearing date.

Senior Judge Anthony J. Battaglia

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Criminal cases

Applies to
Motion

Any request to vary from this requirement must be made by written motion and include a statement as to the likely guideline range for sentencing. This information must include the adjusted guideline range after acceptance and any agreed upon departures and the Criminal History Category. Finally, a statement regarding whether defendant has any mental health or addiction history.

Summary: Motions to vary from the Presentence Report requirement must include sentencing guideline range information, criminal history category, and mental health/addiction history.

Senior Judge Anthony J. Battaglia

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Criminal cases

Applies to
Motion

Motions and Joint Motions to Modify or Terminate supervised release conditions or the term, must include a statement regarding the positions of the United States Attorney's Office and the United States Probation Officer supervising the defendant.

Summary: Motions to modify or terminate supervised release must include the positions of the USAO and Probation Officer.

Senior Judge Anthony J. Battaglia

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Criminal cases

Applies to
Motion

If the parties wish to waive the PSR and/or CHR, the parties will need to file a joint motion with the following information: a) charges to which the defendant entered (or will enter) a guilty plea; b) type of sentencing agreed to in the plea agreement; c) whether the request is for a CHR or RAP sheet; d) defendant's criminal history score/category; e) sentencing guidelines; f) parties' recommendations for sentencing; any additional information the parties wish the Court to consider.

Summary: Joint motions to waive Presentence Report and/or Criminal History Report must include charges, sentencing type, CHR/RAP request, criminal history, guidelines, and recommendations.

Senior Judge Anthony J. Battaglia

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Criminal cases

Applies to
Rap sheet

If applicable, the Government must concurrently file an updated RAP sheet with a DETAILED summary of defendant's immigration history, including deportation dates, voluntary returns, or other encounters with immigration authorities.

Summary: Government must file updated RAP sheet with detailed immigration history summary when applicable.

Senior Judge Anthony J. Battaglia

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Criminal cases

Applies to
Sentencing letter ?

IT IS HEREBY ORDERED that no party in a criminal case shall submit more than five (5) letters regarding sentencing unless authorized by the court for good cause shown.

Summary: Maximum of 5 sentencing letters unless court authorizes more for good cause.

Senior Judge Barry Ted Moskowitz

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Criminal cases

Applies to
Sentencing letter ?

Any letters submitted to the court must be filed no later than five (5) days prior to sentencing and must be typed in at least 14-point font.

Summary: Sentencing letters must be filed 5 days before sentencing in 14-point font.

Senior Judge Barry Ted Moskowitz

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Civil cases

Applies to
Sur reply ?
Must include
leave of court

Sur-replies may not be filed unless leave of Court has been granted.

Summary: Sur-replies require leave of Court.

Senior Judge Barry Ted Moskowitz

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Civil cases

Applies to
Notice of motion

Unless otherwise instructed by the Court, parties filing motions with the Court shall include the following language on the caption page of the notice of motion, directly under the hearing date: “PER CHAMBERS, NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT.”

Summary: Motion caption must include “NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT” unless otherwise instructed.

Senior Judge Barry Ted Moskowitz

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Civil cases

Applies to
Separate statement of fact
Must include
leave of court

Separate Statements of Fact must not be filed unless leave of Court has been granted.

Summary: Separate Statements of Fact require leave of Court.

Senior Judge Barry Ted Moskowitz

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Civil cases

Applies to
Opposition brief
Must include
objections to motion evidence ?

Objections to evidence submitted in support of a motion must be contained within the opposition brief. Similarly, objections to evidence submitted in support of an opposition must be contained within the reply brief.

Summary: Objections to evidence must be in opposition brief (for motion) or reply brief (for opposition).

Senior Judge Barry Ted Moskowitz

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Civil cases

Applies to
Joint motion
Must include
proposed order
Format
WORD_PERFECT ?

Proposed orders must be submitted in Word or WordPerfect format simultaneously with the filing of all joint motions/stipulations and applications/requests. Proposed orders are not required for noticed motions.

Summary: Proposed orders required for joint motions/stipulations in Word/WordPerfect format.

Senior Judge Barry Ted Moskowitz

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Civil cases

Applies to
Pretrial order
Must include
joint proposed order ?

At least seven days prior to the pretrial conference, the parties shall lodge a joint proposed pretrial order with chambers and email a copy of the proposed pretrial order to efile_Moskowitz@casd.uscourts.gov.

Summary: Joint proposed pretrial order due 7 days before pretrial conference.

Senior Judge Barry Ted Moskowitz

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Civil cases

Applies to
Pretrial order ?

The requirements of CivLR 16.1.f.6.c regarding the listing of witnesses, exhibits, and deposition transcripts/videotape depositions extend to evidence that counsel anticipate may be used on cross-examination, including impeachment evidence.

Summary: Witnesses, exhibits, and deposition transcripts must be listed for cross-examination evidence as well.

Senior Judge Barry Ted Moskowitz

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Applies to
Motion
Must include
filing deadline ?

Motions should be filed 14 days prior to the hearing and responses and oppositions should be filed 7 days prior to the hearing.

Summary: Motions must be filed 14 days before hearing; responses 7 days before.

Senior Judge Jeffrey T. Miller

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Applies to
Sentencing memorandum ?
Must include
filing deadline ?

Sentencing Memoranda and Sentencing Summary Charts should be filed 5 court days (usually 7 calendar days) prior to the scheduled hearing.

Summary: Sentencing memoranda and summary charts due 5 court days before hearing.

Senior Judge Jeffrey T. Miller

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Applies to
Trial brief
Must include
filing deadline ?

Trial briefs should be filed no later than 5 calendar days before trial is to commence in cases where there is any significant disputed issue of law, or if a party is requesting that specific questions be asked or specific topics be covered during the Court’s voir dire.

Summary: Trial briefs due 5 calendar days before trial if significant disputed issues exist.

Senior Judge Jeffrey T. Miller

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Applies to
Proposed voir dire
Must include
filing deadline ?

Proposed voir dire, whether to be asked by counsel or proposed for the Court to ask, must be submitted in written form no later than 7 days prior to commencement of trial.

Summary: Proposed voir dire must be submitted 7 days before trial.

Senior Judge Jeffrey T. Miller

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Applies to
Proposed jury instructions
Must include
filing deadline ?

Proposed jury instructions should be submitted by both sides no later than 5 calendar days prior to the commencement of trial.

Summary: Proposed jury instructions due 5 calendar days before trial.

Senior Judge Jeffrey T. Miller

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Applies to
Exhibit list ?
Must include
filing deadline ?

Government counsel shall provide a list of exhibits to the courtroom deputy on the first day of trial.

Summary: Government counsel must provide exhibit list on first day of trial.

Senior Judge Jeffrey T. Miller

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Civil cases

Applies to
Proposed order

Proposed Orders must be submitted in Word format.

Summary: Proposed orders must be submitted in Word format.

Senior Judge Jeffrey T. Miller

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Civil cases

Applies to
Motion
Must include
proposed order

Proposed orders must be submitted simultaneously with the filing of all joint motions or ex parte requests. The proposed order should be emailed to efile_miller@casd.uscourts.gov in Word format. All extraneous information (i.e., attorney and firm name, headers, footers, and watermarks) should be removed from the proposed order. If possible, the docket number of the corresponding motion should be included in the caption. The proposed order should be named as follows: case number_title_date (e.g., 00cv1234_order granting continuance_5 6 09)

Summary: Proposed orders required with all motions, emailed to efile_miller@casd.uscourts.gov in Word format with specific naming convention

Senior Judge Jeffrey T. Miller

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Civil cases

Applies to
Proposed order

All extraneous information (i.e., attorney and firm name, headers, footers and watermarks) must be removed from the proposed order.

Summary: Proposed orders must remove extraneous information.

Senior Judge M. James Lorenz

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Criminal cases

Applies to
Jury instructions
Must include
authority citation, modification specification ?

The Court prefers to use the Model Jury Instructions for the Ninth Circuit whenever possible. However, the Court will accept other proposed jury instruction(s) as the need arises, but counsel must cite the authority supporting the proposed instruction(s). Any proposed instruction from statutory authority or the Ninth Circuit Model Instructions must state specifically the modification and the authority supporting the modification.

Summary: Court prefers Ninth Circuit Model Instructions; other instructions require authority citation and specific modifications.

Senior Judge M. James Lorenz

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Criminal cases

Applies to
Exhibits
Must include
exhibit list, pre marked exhibits ?

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. Exhibit stickers may be obtained from the Clerk of the Court or from the Courtroom Deputy Clerk, in advance of trial.

Summary: Government must provide exhibit list and pre-mark all exhibits on first day of trial.

Senior Judge M. James Lorenz

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Civil cases

Applies to
Motion
Must include
hearing date

The notice of motion and motion shall state the selected hearing date in the caption. This is the date used by the Court and all parties for determining the briefing schedule.

Summary: Selected hearing date must appear in motion caption.

Senior Judge Thomas J. Whelan

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Civil cases

Applies to
Motion ?
Must include
no oral argument header ?

Below the selected hearing date in the caption, counsel or the filing party shall include the following header: NO ORAL ARGUMENT PER LOCAL RULE UNLESS FURTHER ORDERED BY THE COURT.

Summary: Motion caption must include no oral argument header.

Senior Judge Thomas J. Whelan

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Civil cases

Applies to
Motion
Must include
no oral argument header ?

In the caption of its notice of motion and motion, the moving party shall include the following: NO ORAL ARGUMENT PER LOCAL RULE UNLESS FURTHER ORDERED BY THE COURT.

Summary: Moving party must include no oral argument statement in motion caption.

Senior Judge Thomas J. Whelan

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Civil cases

Applies to
Proposed order
Must include
proposed order

Proposed orders must be submitted to chambers simultaneously with the filing of all joint motions or ex parte requests. The proposed order should be submitted in Word format by email, with the case number and case name in the subject line of the email, to efile_whelan@casd.uscourts.gov.

Summary: Proposed orders must be submitted simultaneously with joint motions or ex parte requests via email in Word format.

Senior Judge Thomas J. Whelan

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Civil cases

Applies to
Pretrial letter brief ?
Must include
certificate of service ?
Format
DOCX ?

The informal letter briefs shall also be served on opposing counsel. The informal letter briefs and Proposed Pretrial Order shall be submitted to chambers in Word format by emailing to efile_whelan@casd.uscourts.gov.

Summary: Letter briefs must be served on opposing counsel and emailed to chambers in Word format.

Senior Judge Thomas J. Whelan

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Civil cases

Applies to
Early neutral evaluation ?
Must include
all parties present, claims adjusters present, principal attorneys present +1 more ?

Pursuant to Local Rule 16.1.c., all parties (including those indemnified by others), claims adjusters for insured defendants, the principal attorney(s) responsible for the litigation, and non-lawyer representatives with full and unlimited authority to negotiate and enter into a binding settlement must be present and legally and factually prepared to discuss and resolve the case at the ENE.

Summary: All parties and authorized representatives must attend ENE

Visiting D. Thomas Ferraro

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Civil cases

Applies to
Early neutral evaluation ?
Must include
full settlement authority ?

"Full and unlimited authority" means that the individuals attending the ENE must be authorized to fully explore settlement options and to agree at that time to any settlement terms acceptable to the parties.

Summary: Authorized representatives must have full settlement authority

Visiting D. Thomas Ferraro

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Civil cases

Applies to
Early neutral evaluation ?
Must include
corporate representative present ?

In the case of a legal entity (e.g., a corporation, LLC, partnership, or trust), an authorized representative of the entity (who is not retained outside counsel must be present and must have discretionary authority to commit the company to pay an amount up to the amount of the plaintiff’s prayer, excluding punitive damage prayers).

Summary: Corporate entities must send authorized representative with settlement authority

Visiting D. Thomas Ferraro

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Civil cases

Applies to
Early neutral evaluation ?
Must include
personal appearance required ?

The Court will not grant requests to excuse a required party from personally appearing absent exceptional circumstances. If counsel believes there are exceptional circumstances to request that a required party be excused from personally appearing, they must confer with opposing counsel prior to making the request.

Summary: No excuses for required party attendance except exceptional circumstances with opposing counsel conference

Visiting D. Thomas Ferraro

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Civil cases

Applies to
Joint discovery plan
Must include
cm ecf filing ?

Unless otherwise directed, the parties are required to file on CM/ECF a Joint Discovery Plan seven (7) days before the scheduled ENE/CMC.

Summary: Joint Discovery Plan must be filed on CM/ECF 7 days before ENE/CMC.

Visiting D. Thomas Ferraro

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Civil cases

Applies to
Joint statement ?

If the parties fail to resolve their dispute through the meet and confer process, then counsel for all three pages and shall include: 1. A statement as to whether the moving party has complied with the 30-day Rule; 2. Each discovery request in dispute; 3. A brief, non-argumentative statement, not exceeding 100 words of each party’s position on the dispute; 4. Three dates within the next 10 days on which counsel for all parties are available for a conference with the Court or the Court’s staff if the Court so orders; 5. A statement describing the parties in-person or telephonic meet-and-confer efforts; and 6. Attached exhibits of the discovery responses at issue that include the text of the request, the response, and any objections. Counsel should provide excerpts of only the discovery responses at issue, not the entire set of responses.

Summary: Joint Statement required for unresolved discovery disputes with specific content requirements.

Visiting D. Thomas Ferraro

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Civil cases

Applies to
Privileged document ?

Any party withholding documents based on a claimed protection or privilege must identify the withheld documents in a manner such that the requesting party can reasonably identify and challenge the withholding of the documents. A party withholding any documents on the basis the documents are privileged or otherwise protected from production, shall number each document to enable later reasonable identification, prepare an index of documents (without disclosing the substance of the document), and set forth any objection related to production of each withheld document. At a minimum, the index shall include the following information:

Summary: Parties withholding privileged documents must create detailed index with 12 required elements

Visiting D. Thomas Ferraro

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Civil cases

Applies to
Proposed order
Must include
stipulated ESI protocol, stipulated protective order ?

Proposed orders in civil cases are only necessary for stipulated protective orders and stipulated ESI protocols. If the Court requires a proposed order on an ad hoc basis, the Court will contact counsel for the moving party via email.

Summary: Proposed orders required only for stipulated protective orders and ESI protocols in civil cases.

Visiting D. Thomas Ferraro

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to
Summary judgment factual statements ?

The parties may not file separate statements of disputed or undisputed facts—nor make any arguments in the joint statement—without leave of Court.

Summary: Separate statements of disputed or undisputed facts and arguments in the joint statement are prohibited absent leave of Court.

Judge Andrew G. Schopler

Not confirmed. Read the court's wording below.WARNING?

Applies to
Proposed order ?

When approved equipment is brought into the courthouse, the signed order must be presented to security personnel.

Summary: The signed order must be presented to security personnel when approved equipment is brought into the courthouse.

Judge Andrew G. Schopler

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Civil cases

Applies to
Proposed order
Must include
proposed order

At least seven days before the relevant court appearance, a party who wishes to use any electronic or audio/visual equipment in court must lodge a proposed order seeking leave to do so.

Summary: Parties must lodge a proposed order at least seven days in advance to use electronic or audio/visual courtroom equipment.

Judge Andrew G. Schopler

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Criminal cases

Applies to
Supplemental documents

There is no provision for reply briefs in Local Rule 47.1, and the briefing schedule set forth by the rule does not accommodate the filing of any supplemental documents prior to a scheduled motion hearing. If a party wishes to file a reply brief or other supplemental documents in support of, or in opposition to, a pending motion, the party must seek leave of court to do so. Leave will not be granted absent good cause, and no supplemental filings will be accepted less than seven (7) days prior to the scheduled motion hearing.

Summary: Reply briefs not permitted; supplemental documents require leave of court and must be filed at least 7 days before hearing.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Opposition
Must include
opposition

An opposing party’s failure to file an opposition to any motion may be construed as consent to the granting of the motion pursuant to Civil Local Rule 7.1(f)(3)(c).

Summary: Failure to oppose a motion may be construed as consent to granting.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Exhibit

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

Summary: Exhibits must be non-duplicative, excerpted, and clearly labeled/dated/indexed.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Pro se prisoner case ?
Must include
habeas writs preparation, facilitation of appearances ?

In cases involving pro se prisoners as litigants, the Court expects defense counsel and the government entity with which a defendant is associated to cooperate in facilitating the prisoner's telephonic appearances or personal appearances for any scheduled conference, hearing, or trial. This responsibility includes preparing any writs of habeas corpus as testificandum for the incarcerated pro se plaintiff and any of his or her incarcerated witnesses, as authorized by the Court.

Summary: Defense counsel must facilitate prisoner appearances and prepare habeas writs.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Trial procedure ?

The Court prefers no side bar conferences during the trial. If there is an issue to discuss outside the presence of the jury, whenever possible, it will be taken up on a recess.

Summary: No sidebar conferences during trial; issues discussed on recess.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Witness approach ?

Feel free to approach witnesses during examination, but first seek permission from the Court.

Summary: Must seek Court's permission before approaching witnesses.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Motion to seal

Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); and (3) affidavits or declarations in support of the motion.

Summary: Motions to seal must include description of documents, legal standard with analysis, and supporting affidavits or declarations.

Judge Benjamin J. Cheeks

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to
Motion in limine ?

Each motion must be limited to a single subject.

Summary: Each motion in limine must address only one subject.

Judge Benjamin J. Cheeks

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to
Trial brief ?

Attachments or exhibits may not be appended.

Summary: Attachments and exhibits may not be appended to trial briefs.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Summary judgment motion ?

Notwithstanding Civil Local Rule 7.1.f.1., Separate Statements of Fact will NOT be filed.

Summary: Separate Statements of Fact are not required for summary judgment motions.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Trial procedures ?
Must include
witness examination limits ?

The Court reserves the right to limit re-cross and / or re-direct.

Summary: Court may limit re-cross and re-direct examination.

Judge Cynthia A. Bashant

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Criminal cases

Applies to
Trial procedures ?
Must include
sidebars disfavored ?

The Court disfavors sidebars.

Summary: Sidebars are disfavored by the Court.

Judge Cynthia A. Bashant

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Civil cases

Applies to
Declaration
Must include
description of coordination efforts ?

If the briefing is not coordinated or consolidated, counsel for each party must file a declaration concurrently with the briefing describing the efforts and explaining why they were not successful.

Summary: Declaration required if coordination efforts fail.

Judge Cynthia A. Bashant

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Civil cases

Applies to
Motion
Must include
failure to oppose construed as consent ?

An opposing party's failure to file an opposition to any motion may be construed as consent to the granting of the motion pursuant to Civil Local Rule 7.1(f)(3)(c).

Summary: Failure to oppose may be construed as consent to motion.

Judge Cynthia A. Bashant

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Applies to
Opposition
Must include
opposition required ?

An opposing party’s failure to file an opposition to any motion may be construed as consent to the granting of the motion pursuant to Civil Local Rule 7.1(f)(3)(c).

Summary: Failure to oppose a motion may be construed as consent to granting.

Judge Gonzalo P. Curiel

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Applies to
General ?
Must include
ai disclosure ?

At all times, counsel and pro se parties bear responsibility for any submission made by the party represented. Counsel and pro se parties are responsible for maintaining records of all prompts or inquiries submitted to any generative AI tools in the event those records become relevant.

Summary: Parties must maintain records of AI prompts and bear responsibility for submissions

Judge Gonzalo P. Curiel

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Applies to
Trial procedure ?

Do not enter the well, except during voir dire, opening statement, and closing argument. Conduct all examinations of witnesses from the podium.

Summary: Attorneys must stay out of well except during voir dire, opening, and closing.

Judge James E. Simmons, Jr.

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Applies to
Jury questionnaire

Unless authorized by the Court, parties should not submit jury questionnaires.

Summary: Jury questionnaires are prohibited unless authorized by the Court.

Judge Jinsook Ohta

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Criminal cases

Applies to
Exhibit
Must include
exhibit number

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

Summary: Counsel must refer to exhibits by exhibit number when possible.

Judge Jinsook Ohta

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Civil cases

Applies to
Proposed order

Proposed orders or other documents requiring the judge’s signature must not be filed on the docket.

Summary: Documents requiring judge's signature must not be filed on docket.

Judge Linda Lopez

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Civil cases

Applies to
Declaration

If the briefing is not coordinated or consolidated, counsel for each party must file a declaration concurrently with the briefing describing the efforts and explaining why they were not successful.

Summary: Declaration required if briefing coordination fails.

Judge Linda Lopez

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Civil cases

Applies to
Sur reply ?
Must include
leave of court

Sur-replies and notices of supplemental authority may not be filed unless leave of court has been granted.

Summary: Sur-replies and notices of supplemental authority require leave of court.

Judge Linda Lopez

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Civil cases

Applies to
Notice of supplemental authority ?
Must include
no argument ?

Counsel may not include any argument in the notice.

Summary: No argument allowed in notice of supplemental authority.

Judge Linda Lopez

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Civil cases

Applies to
Briefing
Must include
no duplication

The Court requires no duplication of briefing and exhibits.

Summary: No duplication of briefing or exhibits allowed.

Judge Linda Lopez

Not confirmed. Read the court's wording below.WARNING?

Criminal cases

Applies to
Jury instructions ?

If the instruction is undisputed, the instruction shall be identified as “Stipulated Instruction No. ____ Re ___________.”

Summary: Undisputed substantive instructions must be identified using the specified stipulated-instruction designation.

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Final pretrial conference order
Must include
revision required ?

At the final pretrial conference, the Court may identify errors in the parties’ final pretrial conference order and other materials. The parties must revise and re-lodge those materials as soon is reasonably practicable.

Summary: Parties must revise and re-lodge materials if errors identified at final pretrial conference.

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Final pretrial order
Must include
exhibit list ?

Exhibits omitted from the final pretrial order are subject to exclusion at trial, true impeachment exhibits excepted.

Summary: Exhibits not in final pretrial order are excluded at trial, except impeachment exhibits.

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Exhibits
Must include
precise citations

Copies of documents already contained on the electronic docket must not be filed as exhibits. The parties must also avoid duplication of exhibits as much as possible. If the same exhibit is referred to in more than one motion noticed for the same day, the exhibit should be filed only once. Similarly, if more than one party refers to the same exhibit relative to a motion noticed for the same day, only one party should file the exhibit. The parties must use precise citations to assist the Court in locating all exhibits.

Summary: Do not file exhibits already on electronic docket; avoid duplication; use precise citations.

Judge Todd W. Robinson

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Civil cases

Applies to
Motion ?
Must include
no oral argument requested

If the moving party desires to submit on the papers, the phrase “No Oral Argument Requested” should appear on the caption. Even if no oral argument is requested, the moving party must still obtain a hearing date from chambers, which will remain on calendar unless and until the Court vacates it by separate Order. If the moving party indicates that no oral argument is requested, the non-moving party may request that the Court hold oral argument in its opposition.

Summary: If no oral argument requested, include phrase on caption; non-moving party may request oral argument.

Judge Todd W. Robinson

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to
Reply
Must include
responsive content only ?

Factual matters or legal arguments raised by a party for the first time in their reply brief, unless directly in response to the opposition, may not be considered.

Summary: New factual matters or legal arguments in reply brief may not be considered unless in response to opposition.

Judge Todd W. Robinson

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to
All ?
Must include
ai disclosure ?

Although the use of ChatGPT and other such generative artificial intelligence (“AI”) tools is not prohibited, unqualified reliance on such tools may result in filings “replete with misrepresentations and fabricated case law.”

Summary: AI tools not prohibited but unqualified reliance may result in sanctions.

Judge Todd W. Robinson

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to
Telephonic hearing ?
Must include
availability 5 minutes prior ?

Counsel must be available at least five (5) minutes prior to the scheduled hearing time.

Summary: Counsel must be available 5 minutes before scheduled telephonic hearing.

Judge William Q. Hayes

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to
Proposed jury instructions
Must include
modification specification, authority supporting proposed instructions ?

The Court will accept other proposed jury instructions along with the authority supporting the proposed instructions. Any proposed instruction from statutory authority or the Ninth Circuit Model Instructions must state specifically the modification and the authority supporting the modification.

Summary: Proposed jury instructions must include authority and specify modifications.

Judge William Q. Hayes

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to
Trial procedures ?

Do not enter the well, except during voir dire, opening statements and closing argument.

Summary: Do not enter the well except during voir dire, openings, and closings.

Judge William Q. Hayes

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to
Trial procedures ?

Conduct all examination of witnesses from the podium.

Summary: Examine all witnesses from the podium.

Judge William Q. Hayes

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Criminal cases

Applies to
Trial procedures ?

When objecting state only the legal ground for the objection, i.e., Aobjection, hearsay.@ Speaking objections are not permitted, unless the Court requests further information from counsel.

Summary: State only legal grounds for objections; no speaking objections.

Judge William Q. Hayes

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Criminal cases

Applies to
Trial procedures ?

When 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.

Summary: Only one lawyer per party may examine a witness and make objections.

Judge William Q. Hayes

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to
Protective order
Must include
proposed order

The parties should discuss whether a protective order is necessary prior to exchanging information in discovery and the timing for submitting a proposed order to the Court.

Summary: Protective order discussion required before discovery exchange.

Magistrate Judge Allison H. Goddard

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to
Litigation hold

The parties should consider and discuss the following: The scope of any litigation hold, including, but not limited to, a description of information sources to be preserved, date ranges for any ESI to be preserved, and names, job titles, or descriptions of custodians for whom ESI will be preserved;

Summary: Litigation hold scope must include sources, date ranges, and custodians.

Magistrate Judge Allison H. Goddard

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to
Discovery plan ?

Whether to continue any automatic destruction program, such as ongoing erasures of e-mails, voicemails, videos, or other electronically stored material;

Summary: Automatic destruction programs must be addressed.

Magistrate Judge Allison H. Goddard

Not confirmed. Read the court's wording below.WARNING?

Applies to
Protective order ?
Must include
proposed order

If so, the parties should be prepared to submit a proposed order to the Court no later than seven days following the initial case management conference.

Summary: If a Protective Order is necessary, the parties should be prepared to submit a proposed order no later than seven days after the initial case management conference.

Magistrate Judge Barbara L. Major

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to
Courtesy copy
Must include
notice of electronic filing

A copy of the Notice of Electronic Filing must precede the first page of the courtesy copy.

Summary: Notice of Electronic Filing must precede first page of courtesy copy.

Magistrate Judge Barbara L. Major

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to
General practice ?
Must include
punctuality, appropriate dress, compliance with local rule 2 1 ?

Counsel are expected to be punctual for all proceedings, dressed appropriately, and are reminded to follow Civil Local Rule 2.1, in their practice before this Court.

Summary: Counsel must be punctual, appropriately dressed, and follow Local Rule 2.1

Magistrate Judge Barbara L. Major

Machine summary. Not checked yet.WARNING?

Applies to
Brief ?

Where briefing has been ordered by the Court, counsel should attach only those exhibits that are necessary to the resolution of the parties’ dispute. Generally speaking, this does not include counsel’s meet-and-confer correspondence.

Summary: Only necessary exhibits (excluding meet-and-confer correspondence) should be attached to court-ordered discovery motion briefing.

Magistrate Judge Guillermo Cabrera

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to
Settlement conference ?
Must include
in person appearance ?

The Court will not grant requests to excuse a required party from personally appearing absent extraordinary circumstances. Distance of travel alone does not constitute an 'extraordinary circumstance.'

Summary: Travel distance alone is not extraordinary circumstance for absence.

Magistrate Judge Michael S. Berg

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to
Esi preservation ?
Must include
certificate of conference ?

The parties should be wary of applying too narrow a definition of what constitutes relevant ESI, since a miscalculation could lead to the permanent loss of relevant information.

Summary: Parties must avoid overly narrow definitions of relevant ESI.

Magistrate Judge Michelle M. Pettit

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to
Settlement conference ?
Must include
in person appearance ?

The Court will not grant requests to excuse a required party from personally appearing absent good cause. Distance of travel alone does not constitute good cause.

Summary: Excusal from appearance requires good cause; travel distance insufficient

Magistrate Judge Mitchell D. Dembin

Machine summary. Not checked yet.WARNING?

Applies to
Trial procedure ?

The Court prefers no side bar conferences during the trial. If there is an issue to discuss outside the presence of the jury, whenever possible, it will be taken up on a recess.

Summary: Side bar conferences are discouraged; issues should be discussed during recess.

Senior Judge Anthony J. Battaglia

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to
Proposed order

As a guide, the Proposed Order should include:

Summary: The proposed order should include the listed findings and information as guidance.

Senior Judge Anthony J. Battaglia

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to
Settlement documents ?

The magistrate judge may require approval of the form of the documents by an appropriate state judge in the jurisdiction where the minor or incompetent resides.

Summary: The magistrate judge may require an appropriate state judge in the minor's or incompetent's jurisdiction of residence to approve the document forms.

Senior Judge Anthony J. Battaglia

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to
Disclosure

Objections to Initial Disclosure.

Summary: Objection procedures for initial disclosure.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Disclosure ?

Parties Added After the 26(f) Conference.

Summary: Requirements for parties added after Rule 26(f) conference.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Supplement

Sanctions for Failing to Supplement Initial Disclosures.

Summary: Sanctions for failing to supplement disclosures.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?

The court may shorten the due date for the submission of a discovery plan, if necessary, for overall case management or scheduling needs.

Summary: Court may shorten deadline for discovery plan submission.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Initial disclosure ?

Other than cases presumptively excluded [See Rule 26(a)(1)(B)], circumstances where objections to disclosure will be sustained are narrowly construed.

Summary: Objections to initial disclosure are narrowly construed except for presumptively excluded cases.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Supplemental disclosure ?
Must include
timing of supplementation ?

The Rule requires supplementation at “appropriate intervals.” The Committee Notes also provide that a “special promptness” is required as a trial date approaches. Neither “appropriate intervals” or “special promptness” are defined by the Rule or the Committee Note. These will be evaluated on a case by case basis.

Summary: Supplementation timing is case-by-case based on 'appropriate intervals' and 'special promptness' near trial

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Expert disclosure

The cases excluded under Rule 26(a)(1)(B) from initial disclosure are not exempt from the expert disclosure of Rule 26(a)(2) by the wording of the Rule.

Summary: Cases excluded from initial disclosure are not exempt from expert disclosure.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Expert disclosure

The nine categories of cases excluded from other parts of the Rule might logically be excluded with regard to expert testimony. With the exception of certain prisoner pro se cases, the other eight enumerated case types would not typically use expert witnesses. In those cases where an expert is necessary, the magistrate judge, at the Rule 16(b) Case Management Conference, will impose an appropriate expert disclosure schedule.

Summary: Magistrate may exclude cases from expert disclosure requirements on case-by-case basis.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Expert disclosure ?

The court may, on a case-by-case basis, exclude other cases from the disclosure requirements where particular

Summary: Court may exclude cases from disclosure requirements on case-by-case basis.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Esi compliance ?
Must include
certificate of service ?

It should be noted that many courts have local rules, general orders, standing orders, case management plans, guidelines, Form 26(f) reports, instructions and orders, as well as protocols and default protocols in place. Careful consideration of your local requirements is extremely important.

Summary: Local rules, standing orders, and protocols regarding ESI must be carefully considered and followed.

Senior Judge Anthony J. Battaglia

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to
Subpoena ?

Note, it is important to remember that Rule 45 has a territorial limitation of 100 miles (Rule 45(c)) of where the person resides, is employed, or regularly transacts business.

Summary: Rule 45 has 100-mile territorial limitation for subpoenas.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Motion for remote testimony ?

Simply, the party's nor the court can compel remote testimony.

Summary: Neither party nor court can compel remote testimony.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Privilege log ?

In the 2006 amendments to Rule 26(b)(5), the Committee Note stated 'the risk of waiver, and the time and effort required to avoid it, can increase substantially because of the volume of [ESI] and the difficulty in ensuring that all information to be produced has in fact been reviewed.'

Summary: ESI privilege review increases waiver risk and effort.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Deposition ?

Any conferences which occur pursuant to, or in violation of, guideline e. are a proper subject for inquiry by deposing counsel to ascertain whether there has been any witness-coaching and, if so, what;

Summary: Deposing counsel may inquire about witness-coaching during conferences.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rule 34 request response objection ?
Must include
sanctions for violation ?

Sanctions may be imposed for violation of this Rule.

Summary: Sanctions may be imposed for violating Rule 34 signing requirements.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Trial

The court may exclude the examiner’s testimony at trial pursuant to Rule 35(b)(2).

Summary: Court may exclude examiner's testimony at trial under Rule 35(b)(2).

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Sanctions

The court may impose other sanctions under Rule 37.

Summary: Court may impose Rule 37 sanctions.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Protective order ?

The party receiving "Confidential" or "Confidential for Attorneys" only material shall handle copies of said material as follows: 1 Any copies of the confidential material or portion thereof shall be recorded in a copy log; 2 Each such copy shall be identified in the copy log by: i a copy number; ii the date the copy was made; and iii the person to whom the copy was provided. 3 Each such copy shall be physically marked with the document number and copy number. The copy log shall be provided to the producing party upon the return and/or at the time of destruction of the confidential

Summary: Confidential material handling requires copy logs with specific tracking information

Senior Judge Anthony J. Battaglia

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Criminal cases

Applies to
Discovery timetable ?
Must include
certificate of conference ?

Not later than fourteen calendar days after the arraignment on an Indictment or Information, the attorney for the defendant(s) and the attorney for the government must confer and attempt to agree on a timetable and procedures for the pretrial disclosure of materials set forth in Federal Rule of Criminal Procedure 16.

Summary: Parties must confer on pretrial disclosure timetable within 14 days after arraignment.

Senior Judge Anthony J. Battaglia

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Criminal cases

Applies to
Discovery timetable ?

Not later than seven calendar days prior to the first motion hearing, the parties must inform the Court in writing of the agreed upon timetable for the production of discovery, including the Alien Registration File, body-port-or remote cam video, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement.

Summary: Parties must submit written discovery timetable 7 days before first motion hearing.

Senior Judge Anthony J. Battaglia

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Criminal cases

Applies to
Sentencing letter ?

The Court shall strike from the record any letters filed or submitted in violation of this order and they shall not be made available to the court for review.

Summary: Letters violating this order will be stricken from the record.

Senior Judge Barry Ted Moskowitz

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Criminal cases

Applies to
Sentencing letter ?

Thus, any letters submitted in violation of this order shall not be read by the court or be part of the record.

Summary: Violating letters will not be read or included in the record.

Senior Judge Barry Ted Moskowitz

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Applies to
Motion for order shortening time
Must include
prohibited ?

Motions for Orders Shortening Time are unnecessary!

Summary: Motions for Orders Shortening Time are unnecessary.

Senior Judge Jeffrey T. Miller

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Criminal cases

Applies to
Jury instructions ?
Must include
supplemental instructions

Supplemental instructions must be filed as soon as the need for the instruction becomes apparent.

Summary: Supplemental jury instructions must be filed promptly when needed.

Senior Judge M. James Lorenz

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Criminal cases

Applies to
Jury instructions
Must include
review and suggestion ?

Before the case is submitted to the jury, the Court will provide each party with the jury instructions the Court intends to use. It is each party’s responsibility to carefully review the instructions and make suggestions to the Court if modifications seem necessary.

Summary: Parties must review and suggest modifications to jury instructions before submission to jury.

Senior Judge M. James Lorenz

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Criminal cases

Applies to
Reply brief
Must include
leave of court

If a party wishes to file a reply brief or other supplemental document in support of, or opposition to, a pending motion, the party must seek leave of court to do so. Leave will not be granted absent good cause and no supplemental filings will be accepted less than seven (7) days prior to the scheduled motion hearing.

Summary: Reply briefs and supplemental documents require leave of court and must be filed at least 7 days before hearing.

Senior Judge Michael M. Anello

Not confirmed. Read the court's wording below.INFO?

Criminal cases

Applies to
Jury instructions ?

If the defense requests nothing beyond the joint submissions, the defense need not file anything.

Summary: The defense need not file anything if it requests nothing beyond the joint submissions.

Judge Andrew G. Schopler

Not confirmed. Read the court's wording below.INFO?

Applies to
Motion ?

Typically, the Court will not retain jurisdiction of a settled case.

Summary: The Court typically will not retain jurisdiction over a settled case.

Judge Andrew G. Schopler

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Civil cases

Applies to
Settlement ?

Typically, the Court will not retain jurisdiction of a settled case.

Summary: Court typically does not retain jurisdiction after settlement.

Judge Andrew G. Schopler

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Criminal cases

Applies to
Bail matter
Must include
proposed order

Bail matters are typically referred to the magistrate judges of this Court for handling unless: (1) a case is set for trial, (2) a guilty plea has been accepted, or (3) Judge Cheeks originally set the bond conditions. In these instances, a proposed order should be sent to Judge Cheeks' efile for review and processing.

Summary: Bail matters referred to magistrate judges unless trial is set, guilty plea accepted, or Judge Cheeks set bond.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Criminal matter
Must include
notice of electronic filing ?

Criminal matters are heard on Mondays, beginning at 9:30 a.m. and 2:00 p.m. unless otherwise scheduled by the Court.

Summary: Criminal matters heard Mondays at 9:30 a.m. and 2:00 p.m.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Proposed order

Counsel are not required to submit proposed orders on motions requiring legal analysis (i.e., motions for summary judgment, 12(b) motions, etc.).

Summary: Proposed orders not required for motions requiring legal analysis like summary judgment or 12(b) motions.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Voir dire procedure ?

The Court will conduct the initial voir dire. The Court will generally permit follow-up voir dire conducted by the attorneys. Ten (10) minutes per side will generally be allowed on routine cases.

Summary: Court conducts initial voir dire; attorneys get 10 minutes per side for follow-up.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Jury instructions ?

The Court prefers to use the Model Jury

Summary: Court prefers to use Model Jury Instructions.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Criminal jury instructions ?

should consult Criminal Local Rule 30.1 regarding proper form and content.

Summary: Criminal cases should consult Local Rule 30.1 for jury instructions.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Trial procedure ?

Counsel may freely use the well for opening statement or closing argument

Summary: Counsel may use the well for opening/closing statements.

Judge Benjamin J. Cheeks

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Civil cases

Applies to
Witness stand visit ?

Please keep your visit to the witness stand brief, e.g., by quickly orienting the witness with an exhibit and returning to the podium.

Summary: Visits to witness stand should be brief.

Judge Benjamin J. Cheeks

Not confirmed. Read the court's wording below.INFO?

Criminal cases

Applies to
Sentencing request ?

Immediate Sentencing: 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. Such dispositions are encouraged.

Summary: The Court encourages immediate sentencing in certain immigration cases upon request when the record contains sufficient information for meaningful sentencing.

Judge Benjamin J. Cheeks

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Criminal cases

Applies to
Jury selection ?
Must include
seating chart, jury panel list ?

The Courtroom Deputy 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 provides jury panel list and seating chart; jurors 1-32 questioned.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Jury selection ?
Must include
replacement of sustained challenges, challenges for cause outside jury presence ?

After the Court and counsel have voir dired the panel, counsel may exercise challenges for cause outside the presence of the prospective jurors. If any challenges for cause are sustained, the removed panelists usually will be replaced by inserting new panelists from the venire so that a full panel exists before any peremptory challenges are exercised.

Summary: Challenges for cause exercised outside jury's presence; replaced by new venire panelists before peremptory challenges.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Jury selection ?
Must include
outside jury presence, challenge by juror number, alternating peremptory challenges ?

The exercise of peremptory challenges will follow. Counsel will exercise alternating challenges—outside the presence of the prospective jurors—by calling out the jurors’ numbers they wish to excuse. The process will be repeated until all peremptory challenges are exhausted.

Summary: Peremptory challenges exercised alternately outside jury's presence by calling out juror numbers.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Jury selection ?
Must include
peremptory challenge sequence ?

In a single defendant case, the Government may exercise one challenge, followed by the defendant’s exercise of two challenges for four rounds, then each side may exercise one challenge for two rounds, making a total of six and ten.

Summary: Peremptory challenge sequence: Gov 1, Def 2 (4 rounds), then Gov 1, Def 1 (2 rounds) = 6 Gov, 10 Def.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Jury selection ?

These challenges may be exercised only as to panelists one through twenty-eight, that is, not as to the panelists from whom the alternates will be chosen.

Summary: Peremptory challenges limited to jurors 1-28; alternates selected from 29-32.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Jury selection ?
Must include
pass forfeits challenges ?

If a party passes one time, he or she may not exercise any more peremptory challenges.

Summary: Passing once during peremptory challenges forfeits remaining challenges.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Jury selection ?
Must include
challenge any juror except alternates ?

Also note that challenges may be made to any of the panelists regardless of where that panelist appears in the array (except as to the prospective alternate jurors, that is, jurors twenty-nine through thirty-two).

Summary: Peremptory challenges can target any juror except alternates (29-32).

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Jury selection ?
Must include
first 12 unchallenged constitute jury ?

When each side has exhausted its peremptory challenges, the first twelve unchallenged persons shall constitute the jury.

Summary: First 12 unchallenged jurors become the jury after peremptory challenges.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Jury selection ?
Must include
final alternate challenge ?

After the twelve-person jury is selected, each side has one additional peremptory challenge which is exercisable only with respect to panelists twenty-nine through thirty-two, that is, the prospective alternates.

Summary: Each side gets one final peremptory challenge for alternates (29-32) after jury selected.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Jury selection ?

Generally, two alternates are selected from the remaining unchallenged panelists.

Summary: Two alternates selected from remaining unchallenged panelists.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Trial procedure ?

Do not enter the well, except during voir dire, opening statement and closing argument.

Summary: Attorneys prohibited from entering well except during voir dire, opening, and closing.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Trial procedure ?
Must include
witness examination from podium ?

Conduct all examination of witnesses from the podium.

Summary: Witness examination must be conducted from the podium.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Trial procedure ?
Must include
witness approach brief, witness approach permission required ?

Feel free to approach witnesses during examination, but first seek permission from the Court. Please keep your visit to the witness stand brief, e.g., by quickly orienting a witness with an exhibit and returning to the podium.

Summary: Witness approach requires court permission and must be brief.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Trial procedure ?
Must include
single attorney per witness, single attorney objections per 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.

Summary: Only one attorney per party may examine a witness and make objections for that witness.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Trial procedure ?
Must include
speaking objections prohibited, speaking objections allowed if court requests ?

When objecting, state only the legal ground for the objection; e.g., 'Objection, hearsay.' Speaking objections are not permitted, unless the Court requests further information from counsel.

Summary: Objections limited to legal grounds; speaking objections prohibited unless court requests.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Trial procedure ?
Must include
seek court clarification not counsel, no talking between attorneys in jury presence ?

Refrain from talking to each other in the presence of the jury. If clarification on a matter is needed, please seek clarification from the Court and not directly from counsel.

Summary: Attorneys prohibited from talking to each other in jury's presence; seek court clarification instead.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Trial procedure ?
Must include
sidebar conferences disfavored ?

Sidebar conferences are disfavored. If counsel desire to speak to the Court outside the jury’s presence, counsel may request to do so at the start of the recess or at the end of the day.

Summary: Sidebar conferences disfavored; requests to speak to court outside jury's presence should be at recess start or day end.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Trial procedure ?

Requests to see the Court outside the presence of the jury when the Court is about to begin the day of trial or reconvene following a recess generally will not be granted.

Summary: Requests to see court outside jury's presence at trial start or recess end generally denied.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Trial procedure ?

These matters usually can wait for the next recess.

Summary: Matters that can wait should be addressed at next recess.

Judge Cathy Ann Bencivengo

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Criminal cases

Applies to
Jury instructions

The parties are encouraged to submit proposed jury instructions to the Court no later than the first day of trial, unless otherwise ordered by the Court. Supplemental instructions must be filed as soon as the need for the instruction becomes apparent.

Summary: Proposed jury instructions due first day of trial; supplemental instructions filed as needed.

Judge Cynthia A. Bashant

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Criminal cases

Applies to
Trial procedures ?
Must include
trial schedule ?

In general, criminal trials are scheduled from 9:00 a.m. to 4:30 p.m., beginning on Mondays. Jury deliberations proceed from 9:00 a.m. to 4:30 p.m. The Court will notify the parties of deviations from this schedule and when possible will attempt to accommodate jurors, witnesses, and counsel, should conflicts arise.

Summary: Criminal trials generally run 9:00 AM - 4:30 PM, Monday through Friday.

Judge Cynthia A. Bashant

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Civil cases

Applies to
Motion

The Court may resolve motions on the papers submitted and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Consequently, the hearing date does not indicate a date when appearances are necessary; rather, it sets the briefing schedule for the motion.

Summary: Hearing date sets briefing schedule, not appearance requirement; motions may be decided without oral argument.

Judge Cynthia A. Bashant

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Civil cases

Applies to
Pro se prisoner case ?
Must include
facilitation of appearances, habeas corpus ad testificandum ?

In cases involving pro se prisoners as litigants, the Court expects defense counsel and the government entity with which a defendant is associated to cooperate in facilitating the prisoner’s telephonic appearances or personal appearances for any scheduled conference, hearing or trial. This responsibility includes preparing any writs of habeas corpus ad testificandum witnesses, as authorized by the Court.

Summary: Defense counsel must facilitate prisoner appearances and prepare writs.

Judge Cynthia A. Bashant

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Civil cases

Applies to
General ?

Be courteous and respectful at all times, in all settings. Counsel may expect such from the Court, and the Court expects such from counsel. Please be familiar with and abide by Civil Local Rule 2.1.

Summary: Counsel must be courteous and respectful at all times.

Judge Cynthia A. Bashant

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Criminal cases

Applies to
Guilty plea
Must include
report and recommendation

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.

Judge Dana M. Sabraw

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Criminal cases

Applies to
Jury instructions

The Court prefers to use the Ninth Circuit Criminal Jury Instructions whenever possible.

Summary: Court prefers Ninth Circuit Criminal Jury Instructions.

Judge Dana M. Sabraw

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Criminal cases

Applies to
Jury instructions

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.

Judge Dana M. Sabraw

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Criminal cases

Applies to
Voir dire questions
Must include
proposed order ?

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

Judge Dana M. Sabraw

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Criminal cases

Applies to
Jury panel list ?
Must include
judge name, case number ?

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

Judge Dana M. Sabraw

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Criminal cases

Applies to
Exhibit stickers
Must include
judge name, case number ?

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

Judge Dana M. Sabraw

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Civil cases

Applies to
Jury selection ?
Must include
challenges any panelist ?

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.

Judge Dana M. Sabraw

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Civil cases

Applies to
Jury selection materials ?
Must include
seating chart, numerical list ?

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.

Judge Dana M. Sabraw

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Civil cases

Applies to
Jury selection ?

Jurors assigned seat numbers one through fourteen will be questioned.

Summary: Fourteen jurors will be questioned for voir dire.

Judge Dana M. Sabraw

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Civil cases

Applies to
Jury selection ?

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.

Judge Dana M. Sabraw

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Civil cases

Applies to
Voir dire

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.

Judge Dana M. Sabraw

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Civil cases

Applies to
Jury selection ?
Must include
challenges for cause after voir dire ?

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.

Judge Dana M. Sabraw

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Civil cases

Applies to
Jury selection ?
Must include
peremptory challenges alternating, outside presence of prospective jurors ?

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.

Judge Dana M. Sabraw

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Civil cases

Applies to
Jury selection ?
Must include
may waive but not reserve ?

Note that a party may waive its right to challenge but may not reserve.

Summary: Parties may waive but not reserve peremptory challenges.

Judge Dana M. Sabraw

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Civil cases

Applies to
Jury selection ?

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.

Judge Dana M. Sabraw

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Applies to
Memoranda of contentions of law and fact

The requirement to file a Memoranda of Contentions of Law and Fact, pursuant to Civil Local Rule 16.1(f)(2)(a), is waived.

Summary: Memoranda of Contentions of Law and Fact filing requirement waived.

Judge Gonzalo P. Curiel

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Applies to
Trial procedure ?

In civil trials, it is the practice of the Court to set a reasonable time limit for the entire trial. The time limit set by the Court includes opening statements, arguments, testimony, closing arguments, and any other matters that occur over the course of the trial, excluding jury selection. The Court will keep track of time limits and, upon request, the courtroom deputy will inform the parties of the time spent and remaining for trial. The time limit is subject to exception for good cause shown.

Summary: Court sets time limits for civil trials (excluding jury selection) and tracks remaining time.

Judge Gonzalo P. Curiel

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Applies to
General ?
Must include
ai disclosure ?

Generative artificial intelligence (AI) denotes a system of algorithms or deep-learning models that can take raw data and generate new, original outputs (e.g., text, images, videos) based on user prompts. Common examples of generative AI tools include ChatGPT, Google Gemini, and Microsoft Copilot.

Summary: Definition of generative AI and examples of tools

Judge Gonzalo P. Curiel

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Applies to
Voir dire questions
Must include
judge name, case number ?

Counsel may serve and file proposed voir dire questions and verdict forms on the day set for motions in limine.

Summary: Proposed voir dire questions and verdict forms due on motions in limine day.

Judge Gonzalo P. Curiel

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Applies to
Jury instructions

The Court prefers to use the most current Model Jury Instructions for the Ninth Circuit whenever possible. The Court will accept other proposed jury instructions, but counsel must cite the authority supporting the proposed instructions. Counsel must specifically identify any modification made to Ninth Circuit Model Instructions.

Summary: Court prefers Ninth Circuit Model Jury Instructions; modifications must be cited and identified.

Judge Gonzalo P. Curiel

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Applies to
Jury panel list ?

The courtroom deputy will provide counsel with a list of the jury panel in random order before voir dire.

Summary: Courtroom deputy provides random jury panel list before voir dire.

Judge Gonzalo P. Curiel

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Applies to
Jury selection ?

The courtroom deputy will seat all prospective jurors (44 prospective jurors will

Summary: Courtroom deputy seats 44 prospective jurors.

Judge Gonzalo P. Curiel

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Civil cases

Applies to
Proposed order ?

This Chambers Rule mandating the addition of "[PROPOSED]" supersedes Section 2(h) of the ECF Manual.

Summary: Chambers rule requiring "[PROPOSED]" supersedes ECF Manual Section 2(h).

Judge James E. Simmons, Jr.

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Applies to
Exhibit
Must include
exhibit stickers

Exhibit stickers may be obtained from the Clerk of the Court or from the courtroom deputy in advance of trial.

Summary: Exhibit stickers available from Clerk or courtroom deputy before trial.

Judge James E. Simmons, Jr.

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Applies to
Voir dire

The Court will conduct the initial jury voir dire. The Court will generally permit follow-up voir dire conducted by the attorneys.

Summary: Court conducts initial voir dire, attorneys may conduct follow-up.

Judge James E. Simmons, Jr.

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Applies to
Jury selection ?

The Courtroom Deputy Clerk („CRD“) will collect the parties’ strike sheets and, after reconciling those sheets, allow the parties to view the opposing counsel’s challenges and the Court will hear any Batson challenges.

Summary: CRD reconciles strike sheets and allows viewing of opposing counsel's challenges.

Judge James E. Simmons, Jr.

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Applies to
Exhibit
Must include
refer by number ?

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

Summary: Counsel should refer to exhibits by number to maintain complete record.

Judge James E. Simmons, Jr.

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Applies to
Exhibit
Must include
relocation permission ?

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

Summary: Counsel may relocate for better viewing of exhibits without Court permission.

Judge James E. Simmons, Jr.

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Applies to
Exhibit
Must include
return to producer ?

Pursuant to Criminal Local Rule 1.1(e) and Civil Local Rule 79.1, all exhibits will be returned to the party who produced them at the end of trial.

Summary: All exhibits will be returned to producing party at end of trial.

Judge James E. Simmons, Jr.

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Criminal cases

Applies to
Plea

The Court encourages pleas before the magistrate judge assigned to the case.

Summary: Plea before assigned magistrate judge is encouraged.

Judge Jinsook Ohta

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Criminal cases

Applies to
Plea

Rule 11 guilty pleas may be taken by the magistrate judge on a report and recommendation.

Summary: Rule 11 pleas may be taken by magistrate judge on report and recommendation.

Judge Jinsook Ohta

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Criminal cases

Applies to
Plea ?

Rule 11 proceedings before the district judge may occur at the pretrial motion hearing or as soon as scheduled by contacting the courtroom deputy in advance.

Summary: Rule 11 proceedings before district judge may occur at pretrial motion hearing.

Judge Jinsook Ohta

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Criminal cases

Applies to
Sentencing

The Court prefers that a presentence report be prepared in every case for sentencing.

Summary: Presentence report preferred in every case for sentencing.

Judge Jinsook Ohta

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Criminal cases

Applies to
Sentencing

Upon stipulation filed by both parties and joint request made by motion on the docket or by request to the courtroom deputy, the Court may proceed with immediate sentencing in certain immigration cases if it has adequate information in the record to perform a meaningful exercise of sentencing authority.

Summary: Immediate sentencing in immigration cases possible with stipulation and joint request.

Judge Jinsook Ohta

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Criminal cases

Applies to
Exhibit
Must include
return to producing party ?

Pursuant to Criminal Local Rule 1.1(e) and Civil Local Rule 79.1, all exhibits will be returned to the party who produced them at the end of trial.

Summary: All exhibits will be returned to producing party at end of trial.

Judge Jinsook Ohta

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Civil cases

Applies to
Notice of supplemental authority ?
Must include
binding intervening law exception ?

The only exception to this requirement is if there is a change in binding intervening law that is directly on point issued after the filing.

Summary: Exception for binding intervening law changes.

Judge Linda Lopez

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Civil cases

Applies to
Cross motion for summary judgment
Must include
same filing deadline as motion ?

Cross motions for summary judgment have the same filing deadline as a motion for summary judgment.

Summary: Cross motions for summary judgment have same deadline as motions.

Judge Linda Lopez

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Civil cases

Applies to
Writ of habeas corpus ad testificandum
Must include
prepared by defense counsel ?

This responsibility includes preparing any writs of habeas corpus ad testificandum for the incarcerated pro se plaintiff and any of his or her incarcerated witnesses, as authorized by the Court.

Summary: Defense counsel must prepare writs of habeas corpus ad testificandum for incarcerated pro se plaintiffs and witnesses.

Judge Linda Lopez

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Criminal cases

Applies to
Voir dire procedure ?

E. Jury Selection. The Courtroom Deputy Clerk will provide counsel with a numerical list of the jury panel ("strike sheet") at the start of voir dire. The Court will conduct the initial jury voir dire. The Court will permit follow-up voir dire conducted by the attorneys. If voir dire by counsel is permitted, ten minutes per side on non-complex cases generally will be allowed.

Summary: Court conducts initial voir dire; counsel gets 10 minutes per side for follow-up on non-complex cases.

Judge Linda Lopez

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Criminal cases

Applies to
Exhibit return ?
Must include
exhibit return to producing party ?

Pursuant to Local Criminal Rule 1.1(e) and Local Civil rule 79.1, all exhibits will be returned to the party who produced them at the end of trial.

Summary: All exhibits will be returned to producing party at end of trial.

Judge Linda Lopez

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Applies to
Jury instructions

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.

Judge Robert S. Huie

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Applies to
Jury instructions

The Court prefers to use the Ninth Circuit Criminal Jury Instructions whenever possible.

Summary: Court prefers Ninth Circuit Criminal Jury Instructions.

Judge Robert S. Huie

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Applies to
Jury instructions

Before the case is submitted to the jury, the Court will provide each party with the jury instructions the Court intends to use.

Summary: Court provides parties with intended jury instructions before submission to jury.

Judge Robert S. Huie

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Applies to
Exhibits

Pursuant to Local Criminal Rule 1.1(e) and Local Civil rule 79.1, all exhibits will be returned to the party who produced them at the end of trial.

Summary: All exhibits will be returned to producing party at end of trial.

Judge Robert S. Huie

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Applies to
Trial schedule ?

Generally, trials are scheduled from 9:00 a.m. to 4:30 p.m., beginning on Mondays. Trials do not proceed on Friday unless a jury is deliberating. Jury deliberations proceed from 9:00 a.m. to 4:30 p.m.

Summary: Trials scheduled Mon-Thu 9am-4:30pm; no trials Friday unless jury deliberating.

Judge Robert S. Huie

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Criminal cases

Applies to
Sentencing memorandum
Must include
summary of excess letters ?

Counsel may also submit to the court as part of a sentencing memorandum a brief summary of letters in excess of the amount authorized by this order.

Summary: Brief summary of excess letters may be submitted with sentencing memorandum.

Judge Ruth Bermudez Montenegro

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Criminal cases

Applies to
Sentencing
Must include
supplementation on record allowed ?

Judge Montenegro closely reviews all sentencing documents prior to the hearing and will allow each party to supplement their filings on the record, as needed.

Summary: Judge Montenegro reviews sentencing documents and allows supplementation on record.

Judge Ruth Bermudez Montenegro

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Civil cases

Applies to
Notice of settlement
Must include
judge name, case number ?

If a case settles, the parties must notify the Court and the assigned Magistrate Judge as soon as practicable by filing a Notice of Settlement. If the Magistrate Judge does not set a deadline for the filing of a Joint Motion to Dismiss, the parties must file a Joint Motion to Dismiss within twenty-eight (28) calendar days of the settlement.

Summary: Settlement requires Notice of Settlement and Joint Motion to Dismiss within 28 days if no deadline set.

Judge Todd W. Robinson

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Civil cases

Applies to
Peremptory challenges

The exercise of peremptory challenges will follow. Counsel will exercise their respective challenges using the “blind strike” method. That is, each side will exercise their peremptory challenges simultaneously and confidentially by marking those jurors they wish to excuse on the provided strike sheet.

Summary: Peremptory challenges use blind strike method.

Judge Todd W. Robinson

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Civil cases

Applies to
Trial exhibit ?
Must include
authentication waiver meet and confer ?

Counsel must meet and confer in advance of trial and waive the authentication requirement where the authenticity of a document is not at issue.

Summary: Counsel must meet and confer to waive authentication where authenticity is not disputed.

Judge Todd W. Robinson

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Civil cases

Applies to
Voluminous document
Must include
culling required, fed rule 1006 reference, summaries charts allowed ?

Voluminous documents or exhibits must be culled of unnecessary pages so that only relevant pages, or pages supplying context to the relevant pages, are admitted. Counsel should use summaries or charts to prove the content of voluminous documents, writings, or recordings that cannot be conveniently examined in court. See Fed. R. Evid. 1006.

Summary: Voluminous documents must be culled to relevant pages or use summaries/charts per FRE 1006.

Judge Todd W. Robinson

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Civil cases

Applies to
Jury deliberations ?

Absent extraordinary circumstances and regardless of any stipulation by the parties, only those exhibits which have been referenced/utilized during trial will be provided to the jurors for their use during deliberations.

Summary: Only exhibits referenced during trial will be provided to jurors for deliberations.

Judge Todd W. Robinson

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Civil cases

Applies to
Exhibit publication ?
Must include
court inquiry required, motion for admission required ?

Before publishing an exhibit to the jury, counsel must move for admission of the exhibit and allow the Court to inquire whether the opposing side has any objection to the exhibit being received in evidence.

Summary: Counsel must move for admission before publishing exhibits to jury.

Judge Todd W. Robinson

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Civil cases

Applies to
Exhibit reference ?
Must include
use exhibit number ?

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

Summary: Counsel should refer to exhibits by number to maintain complete record.

Judge Todd W. Robinson

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Civil cases

Applies to
Counsel relocation ?
Must include
permission not required ?

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

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

Judge Todd W. Robinson

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Civil cases

Applies to
Pretrial conference
Must include
trial date confirmation ?

The Court will confirm the trial date during the pretrial conference.

Summary: Trial date confirmed during pretrial conference.

Judge William Q. Hayes

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Civil cases

Applies to
Pretrial conference
Must include
motion in limine hearing date

The Court will schedule a motion in limine hearing date during the pretrial conference.

Summary: Motion in limine hearing date scheduled during pretrial conference.

Judge William Q. Hayes

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Criminal cases

Applies to
Proposed voir dire questions
Must include
proposed voir dire questions

Proposed Voir Dire Questions and Verdict Forms. 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 date.

Judge William Q. Hayes

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Criminal cases

Applies to
Exhibit stickers

Exhibit stickers may be obtained from the Clerk of the Court or from the Courtroom Deputy Clerk, in advance of trial.

Summary: Exhibit stickers available from Clerk or Courtroom Deputy Clerk.

Judge William Q. Hayes

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Civil cases

Applies to
Discovery plan ?

Whether certain categories of ESI need not be reviewed, preserved or produced because they are inaccessible, burdensome, not proportional, or unlikely to yield relevant information;

Summary: Discussion of ESI categories exempt from preservation/production.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Discovery plan ?

Identification of systems or sources from which discovery will be prioritized; and Location of systems in which potentially discoverable information is stored.

Summary: Discovery prioritization and storage location must be identified.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Discovery plan ?

The parties should discuss what search methodologies will be used to identify responsive ESI, including the use of search terms, technology assisted review

Summary: Search methodologies for ESI must be discussed.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Esi production plan ?
Must include
certificate of conference ?

The parties should discuss how ESI will be produced, including but not limited to: The format of production, i.e., native files, PDF files, TIFF+ files, etc.; Whether the production will include a load file; The extent, if any, to which metadata will be produced and the fields of metadata to be produced; The scope of messages to be produced from text messages and collaborative apps, i.e., the entire thread or a portion based on proximity to the responsive information; Threading of emails; Any applicable process for de-duplication of information; Whether hyperlinked documents will be included in the production, and (where applicable) whether they will be produced in a family relationship with the underlying communication (e.g., email, chat message, text message, etc.); How to resolve any claims of privilege, and whether a separate order under Fed. R. Evid. 502(d) is appropriate; How redactions will be handled and logged; and Production methods and timing, including any plans for supplemental or rolling productions.

Summary: Parties must discuss ESI production format, metadata, threading, de-duplication, privilege, redactions, and timing.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Esi discovery order ?
Must include
proposed order

The parties should discuss whether the case warrants the joint submission of a proposed order governing discovery of ESI.

Summary: Parties must discuss whether to jointly submit ESI discovery order.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Privilege log
Must include
certificate of conference ?

The parties should discuss whether an alternative form of privilege log, such as a categorical log, metadata log, sample log, or GenAI-generated log would be more efficient than a traditional privilege log. The parties should also discuss the appropriate date range of information to be logged and whether the parties will enter into any sort of clawback agreement under Federal Rule of Evidence 502 regarding inadvertent production of privileged information.

Summary: Parties must discuss alternative privilege logs and clawback agreements.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Genai evidence plan ?
Must include
certificate of conference ?

The parties should discuss whether they intend to present any evidence that is created or enhanced by a GenAI tool at trial, such as video enhancement or scene reconstructions, and whether specific deadlines should be set in the case schedule for challenging the admission of such evidence.

Summary: Parties must discuss GenAI evidence and challenge deadlines.

Magistrate Judge Allison H. Goddard

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Civil cases

Applies to
Notice and order
Must include
all requirements ?

The Court will issue a Notice and Order for Early Neutral Evaluation Conference and Case Management Conference containing all of the requirements for the ENE/CMC.

Summary: Court issues Notice and Order for ENE/CMC with all requirements.

Magistrate Judge Barbara L. Major

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Civil cases

Applies to
ENE MSC SC ?

The Court generally allots up to three hours for ENEs, MSCs, and SCs but the parties should be prepared to participate longer at the Court's discretion.

Summary: ENE, MSC, and SC proceedings generally allotted up to 3 hours but may extend longer.

Magistrate Judge Barbara L. Major

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Applies to
Notice of settlement

The Notice of Settlement can be filed jointly or by the plaintiff.

Summary: Notices of Settlement may be filed jointly or by the plaintiff.

Magistrate Judge Guillermo Cabrera

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Civil cases

Applies to
Protective order
Must include
proposed order

The parties should discuss whether a protective order is necessary prior to exchanging information in discovery and the timing for submitting a proposed order to the Court.

Summary: Discuss protective order necessity and timing before discovery exchange.

Magistrate Judge Karen S. Crawford

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Civil cases

Applies to
Search methodology ?
Must include
certificate of service ?

The parties should discuss what search methodologies will be used to identify responsive ESI, including the use of search terms, technology assisted review

Summary: Discuss search methodologies for ESI including search terms and TAR.

Magistrate Judge Karen S. Crawford

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Civil cases

Applies to
ENE

Based upon the ENE briefs, the Court may exercise its discretion and convert the ENE to a telephonic conference.

Summary: Court may convert ENE to telephonic based on briefs

Magistrate Judge Mitchell D. Dembin

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Applies to
Ex parte motion

After service of the ex parte motion, opposing counsel will ordinarily be given until 5:00 p.m. on the next business day to respond. If more time is needed, opposing counsel must call chambers to modify the schedule. Ex parte motions that are not opposed will be considered unopposed and may be granted on that ground.

Summary: Opposing counsel has until 5:00 PM next business day to respond to ex parte motions

Senior Judge Anthony J. Battaglia

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Applies to
Av equipment ?

The Court has audio/visual equipment for counsels’ use. In brief, the podium is wired to connect with counsel’s computers, laptops, and tablets. A VGA or HDMI connector is required for your devices.

Summary: Court provides AV equipment; VGA/HDMI connector required for devices.

Senior Judge Anthony J. Battaglia

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Applies to
Document camera

There is a Document Camera (Elmo) in place, with an annotation feature, and a Blu Ray player.

Summary: Document Camera (Elmo) with annotation and Blu Ray player available.

Senior Judge Anthony J. Battaglia

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Applies to
Digital monitors

Finally, the jury box is equipped with digital monitors, as are counsel tables, and a gallery monitor.

Summary: Jury box, counsel tables, and gallery equipped with digital monitors.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Disclosure

Altering the Disclosure Process by Stipulation.

Summary: Stipulation to alter disclosure process.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Discovery ?

Excluded Cases are Exempt

Summary: Certain cases are exempt from discovery stay.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Discovery

Expedited (Pre-Answer or Pre-Service) Discovery

Summary: Expedited discovery procedures available.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Disclosure

Cases Excluded from Initial Disclosure [Rule 26(a)(1)(B)].

Summary: Cases excluded from initial disclosure.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Disclosure ?

Bankruptcy Cases.

Summary: Bankruptcy case requirements.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rule 26f conference ?
Must include
protective order

A common issue of importance is the creation of a Stipulated Protective Order for privileged or proprietary material so that disclosure and discovery can proceed without undue delay.

Summary: Rule 26(f) conference should discuss creating Stipulated Protective Order for privileged/proprietary material.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?
Must include
oral presentation at case management conference ?

The court can order the discovery plan to be orally presented at the Case Management Conference upon an appropriate application made within the 14-day period.

Summary: Court may order oral presentation of discovery plan at Case Management Conference.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint discovery plan ?
Must include
claim construction timing ?

Under the Southern District of California’s Patent Local Rules, the claim construction hearing is set within nine (9) months of the defendant’s first appearance. Patent L.R. 2.1.a.2.

Summary: In Southern District of California, claim construction hearing is set within 9 months of defendant's first appearance.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Stipulation
Must include
judge approval ?

In the Southern District of California, stipulations are only binding on the court when approved by a judge. See United States District Court for the Southern District of California, Local Civil Rule 7.2.a.

Summary: Stipulations are only binding when approved by a judge in the Southern District of California.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Initial disclosure

The Rule specifically excludes nine types of cases from the initial disclosure provisions. These cases are NOT exempt from the other provisions of Rule 26(a)(2) or (a)(3) or the amendments with regard to discovery.

Summary: Nine case types are excluded from initial disclosure but not from other discovery provisions.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Bankruptcy proceeding

Application of the Civil Rules to Bankruptcy Proceedings is determined by the Bankruptcy Rules. In the Southern District of California, See Bankruptcy Local Rule 7016.

Summary: Bankruptcy proceedings follow Bankruptcy Rules, not Civil Rules.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Expert disclosure ?
Must include
certificate of conference ?

Disclosure of consultants who are not expected to testify at trial is not required.

Summary: Non-testifying consultants do not need to be disclosed.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Expert disclosure ?
Must include
compensation, facts data considered, assumptions relied upon ?

Rule 26(b)(4)(B) protects the drafts of any report or disclosure. Rule 26(b)(4)(C), addresses the work product protection for communications between the party’s attorney and the expert witness. The three exceptions which require disclosure of this material are: (1) communications regarding compensation; (2) identification of any facts or data considered by the expert in forming the opinions; and (3) the identification of any assumptions relied upon by the expert in forming the opinions.

Summary: Expert witness drafts and communications are protected, with three exceptions for compensation, facts/data considered, and assumptions relied upon.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Expert disclosure ?

Any exhibits to be used as a summary of or support for the opinions; The qualifications of the witness, including a list of all publications authored by the witness within the preceding 10 years; The compensation to be paid for the study and testimony; A list of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding 4 years;

Summary: Expert witness disclosures must include exhibits, qualifications, compensation, and prior testimony history.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Initial disclosure ?
Must include
esi disclosure ?

The courts had held that was the case even before the 2006 amendments. Bills v. Kennecott Corp., 108 F.R.D. 459 (D. Utah 1985); Playboy Enterprises, Inc. v. Welles, 60 F. Supp. 2d 1050 (S.D. Cal. 1999); Rowe Entm’t, Inc. v. William Morris Agency, Inc., 205 F.R.D. 421 (S.D.N.Y. 2002).

Summary: Courts have long held that ESI must be disclosed under Rule 26(a)(1) even before 2006 amendments.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Discovery response ?
Must include
esi burden certificate ?

party need not provide discovery of [ESI] from sources that the party identifies as not reasonably accessible because of undue burden or cost.” This is commonly referred to as a “two-tiered system.”

Summary: ESI from sources not reasonably accessible due to burden/cost need not be produced.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Discovery response ?
Must include
esi burden proof ?

The burden of establishing “not reasonably accessible”, and therefore being in the “second tier”, is firmly on the party from whom the discovery is sought.

Summary: Burden to prove ESI is not reasonably accessible rests with the producing party.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Motion to compel ?
Must include
good cause argument ?

On a motion by the requesting party, the responding party must show that the information is not reasonably accessible. If that showing is made, the court may order discovery of the information for good cause and may specify conditions for such discovery.

Summary: Court may order discovery of inaccessible ESI for good cause with specified conditions.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Litigation hold
Must include
certificate of service ?

The “litigation hold” applies to paper documents as well.

Summary: Litigation hold applies to both electronic and paper documents.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Esi burden declaration ?
Must include
legacy data, disaster recovery data ?

Some examples constituting “inaccessible” information is reflected in the Note and include: i. Information stored solely for disaster-recovery purposes which is expensive and/or difficult to use for other purposes; ii. Information that is “legacy” data retained in obsolete systems which is no longer used and may be costly and burdensome to restore and retrieve;

Summary: Examples of inaccessible ESI include disaster-recovery data and legacy data in obsolete systems.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Discovery response ?

The Committee Note also qualifies the nature and content of the 'statement' concerning whether documents are being withheld, by providing that 'the producing party does not need to provide a detailed description or log of all documents withheld.'

Summary: Producing party need not provide detailed log of withheld documents.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Subpoena response ?

The 'reasonably accessible' limits as to scope and breadth of Rule 26(b)(2)(B) are repeated in Rule 45(e)(1)(D);

Summary: Rule 45 incorporates Rule 26(b)(2)(B) 'reasonably accessible' limits.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Subpoena response ?

Privilege is dealt with under the same 'status quo' concept (discussed below) set forth in Rule 26(b)(5).

Summary: Rule 45 uses same privilege 'status quo' concept as Rule 26(b)(5).

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Subpoena

The Rule applies equally to remote testimony or subpoena compliance.

Summary: Rule 45 territorial limitation applies to remote testimony.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Motion for remote testimony ?

Note as well, that this Rule does not limit the discretion of the court under Rule 43 to allow remote testimony 'for good cause in compelling circumstances and with appropriate safeguards.'

Summary: Rule 43 discretion for remote testimony remains available.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Privilege log ?

With thousands upon thousands of bytes in a computer (including data, metadata, unallocated space awaiting to be overwritten, etc.), it is not always, if ever, feasible to fully search ESI for privilege.

Summary: Full ESI privilege search is often not feasible.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Deposition ?
Must include
documents sent in advance ?

The Committee Note to Rule 30 recommends that where voluminous documents are involved, a deposing party should send the documents to the deponent in advance of the hearing to allow preparation.

Summary: Send voluminous documents to deponent in advance to save time.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Deposition ?
Must include
document production justifies extension ?

In cases where documents have been requested of the witness under Rule 30(b)(5) or Rule 45, but not produced, further justification for extended examination exists following production of the items.

Summary: Extended examination justified if documents requested but not produced.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Document request ?
Must include
notice period ?

Remember, Rule 34 requires a 30-day notice. Under Rule 45, only 'reasonable' notice is required. Counsel should proceed under Rule 34 in dealing with a party. Use of Rule 45 against a party is not favored.

Summary: Rule 34 requires 30-day notice for document requests to parties; Rule 45 not favored.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Deposition
Must include
advance document request ?

While Rule 30(b)(5) allows the notice to a party deponent to be accompanied by a Rule 34 request for production of documents, it may be advisable to seek the production of documents from the party in advance to avoid losing time while the deposing party reviews the documents at the deposition proceeding.

Summary: Request documents in advance to avoid losing deposition time.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Deposition
Must include
follow frpc rules ?

Following the rules and the limitations for depositions are important in utilizing the presumptive time for the depositions. The FRCP provides guidance on appropriate objections and conduct at deposition proceedings.

Summary: Follow FRCP rules and limitations for depositions.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Deposition

Rule 30(d) also confirms the authority of the court to impose limits on the conduct of the deposition.

Summary: Court has authority to impose limits on deposition conduct under Rule 30(d).

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rule 34 request

Under the 2015 amendment to Rule 26(d)(2), Rule 34 requests are permitted as early as 21 days after service of the summons and complaint.

Summary: Rule 34 requests can be served 21 days after summons and complaint.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rule 34 response ?

Note, however, a response to the Rule 34 request is not required before the Rule 26(f) conference; rather, the response is due 30 days after the Rule 26(f) conference.

Summary: Rule 34 responses are due 30 days after Rule 26(f) conference.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rule 34 request ?

The amendment was designed to encourage focused discussion of discovery needs at the 26(f) conference.

Summary: Rule 34 requests before Rule 26(f) conference encourage focused discovery discussion.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rule 34 discovery
Must include
local limits undefined ?

The amendments are silent on whether local limits may be imposed by general order or local rule. Amendments to 26(b)(2) prevent courts from placing limits upon the number of depositions or interrogatories by general order or local rule, but no mention of Rule 34 discovery is made.

Summary: Local limits on Rule 34 discovery are not addressed by amendments.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rule 34 discovery ?

As a practical matter, no local limits exist in the Southern District of California, so this distinction is of no practical significance.

Summary: No local limits on Rule 34 discovery in Southern District of California.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Rule 34 discovery ?
Must include
case by case limits allowed ?

The court may limit the number under Rule 26 on a case-by-case basis.

Summary: Court may limit Rule 34 discovery on case-by-case basis under Rule 26.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Joint statement

Many magistrate judges in the Southern District of California require a joint statement of parties in connection with resolving discovery disputes. This is sometimes in lieu of, or in addition to, any briefing. Counsel should consult the court’s website at www.casd.uscourts.gov to review the rules of the various magistrate judges in this regard. Many of these will include the following: 1. The exact wording of the document or things requested to be produced or the exact wording of the interrogatory or request for admission asked; 2. The exact response to the request by the responding party; 3. A statement by the propounding party as to why the documents should be produced or why the interrogatory or request for admission should be answered;

Summary: Many magistrate judges require joint statements for discovery disputes with specific content requirements.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Protective order ?
Must include
certificate of service, local rule certificate ?

The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense[.]

Summary: Protective orders may be issued for good cause to protect parties from annoyance, embarrassment, oppression, or undue burden.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Discovery motion ?
Must include
certificate of service, local rule certificate ?

The court may totally limit certain inquiry and discovery [26(c)(1)(A)] limit the terms, conditions, or methods used [26(c)(1)(B)- (D)]; order that trade secret or other confidential research, development or commercial information not be revealed or revealed in a designated way

Summary: Courts may limit discovery scope, terms, conditions, or methods, and protect trade secrets/confidential information.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Sealing motion ?
Must include
certificate of service, local rule certificate ?

The public’s right of access springs from three basic sources. The first is the common law right recognized by case law and based upon the openness of our democratic process.

Summary: Public has common law right of access to judicial proceedings based on democratic openness.

Senior Judge Anthony J. Battaglia

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Civil cases

Applies to
Sealing motion ?
Must include
certificate of service, local rule certificate ?

This common law right creates a strong presumption in favor of access which can be overcome only by showing sufficiently important countervailing interests.

Summary: Strong presumption in favor of public access can only be overcome by showing important countervailing interests.

Senior Judge Anthony J. Battaglia

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Criminal cases

Applies to
Sentencing letter ?

Additional letters may be submitted to the probation officer who is preparing the presentence report for summarization in the report.

Summary: Extra letters can be submitted to probation officer for summarization.

Senior Judge Barry Ted Moskowitz

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Criminal cases

Applies to
Sentencing memorandum

Counsel may also submit to the court as part of a sentencing memorandum a brief summary of letters in excess of the amount authorized by this order.

Summary: Summaries of excess letters can be included in sentencing memorandum.

Senior Judge Barry Ted Moskowitz

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Civil cases

Applies to
Pretrial order
Must include
proposed pretrial order

Parties shall submit the Proposed Pretrial Order as required by the Civil Local Rules by the date indicated in the Scheduling Order issued by the magistrate judge assigned to the matter. The parties are NOT required to submit a Memorandum of Contentions of Fact and Law as set forth in Civ. L.R. 16.1(f)(2).

Summary: Proposed Pretrial Order required by Civil Local Rules by Scheduling Order date; Memorandum of Contentions not required

Senior Judge Jeffrey T. Miller

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Criminal cases

Applies to
Jury instructions
Must include
proposed order ?

The parties are encouraged to submit proposed jury instructions to the Court no later than the first day of trial, unless otherwise ordered by the Court.

Summary: Proposed jury instructions encouraged by first day of trial.

Senior Judge M. James Lorenz

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Criminal cases

Applies to
Trial schedule ?
Must include
schedule notification ?

In general, criminal trials are scheduled from 9:00 a.m. to 4:30 p.m., beginning on Tuesdays (civil trials may be more flexible. Jury deliberations proceed from 9:00 a.m. to 4:30 p.m. The Court will notify the parties of deviations from this schedule and when possible will attempt to accommodate jurors, witnesses and counsel, should conflicts arise.

Summary: Criminal trials generally run 9:00 a.m. to 4:30 p.m., starting Tuesdays.

Senior Judge M. James Lorenz

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Civil cases

Applies to
Notice and order
Must include
judge name, case number ?

The Court will issue a Notice and Order for Early Neutral Evaluation Conference and Case Management Conference containing all requirements for the ENE/CMC. Please read this Order carefully.

Summary: ENE/CMC requirements in separate court order

Visiting D. Thomas Ferraro

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Civil cases

Applies to
Early neutral evaluation ?
Must include
answer filed ?

The ENE typically is not scheduled until all significant defendants have filed an Answer.

Summary: ENE scheduled after all significant defendants answer

Visiting D. Thomas Ferraro

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Civil cases

Applies to
Early neutral evaluation ?
Must include
government entity exemption ?

A government entity is excused from this requirement so long as the government attorney who attends the ENE conference or settlement conference has (1) primary responsibility for handling the case; and (2) authority to negotiate and recommend settlement offers to the government official(s) having ultimate settlement authority.

Summary: Government entities excused if attorney has primary responsibility and negotiation authority

Visiting D. Thomas Ferraro
Common questions about Southern District of California document filing requirements

What must be included with proposed order filings in Southern District of California?

Judge Andrew G. Schopler: The rule requires proposed order. A party wishing to use electronic or audio/visual equipment in court must lodge a proposed order seeking leave at least seven days before the appearance.

View ruleOfficial source Source: page 2, section General Rules

Senior Judge Anthony J. Battaglia: The rule identifies required filing content or certificates. The petitioner’s attorney must submit a proposed order that complies with the rule and California Probate Code § 3600 et seq. and includes the specified bond, accounting, and—if applicable—Special Needs Trust provisions.

Judge Benjamin J. Cheeks: The rule identifies required filing content or certificates. A continuance or extension request must be accompanied by a detailed declaration, and the proposed order must be emailed in Word format with the scheduled and proposed dates and without watermarks or firm insignia.

View ruleOfficial source Source: page 3, section III. MOTION PRACTICE GENERALLY

42 more rules answer this question in the list above.

What must be included with certificate of conference filings in Southern District of California?

Judge Andrew G. Schopler: The rule identifies required filing content or certificates. The certification must state the conference date and meeting type.

View ruleOfficial source Source: page 2, section Pretrial Rules — Meet-and-Confer Requirement

What must be included with joint statement of undisputed facts filings in Southern District of California?

Judge Andrew G. Schopler: The rule identifies required filing content or certificates. The parties must meet and confer on and file a joint statement of undisputed facts by the reply-brief deadline.

View ruleOfficial source Source: page 3, section Summary Judgment

What must be included with proposed esi order filings in Southern District of California?

Magistrate Judge Barbara L. Major: The rule identifies required filing content or certificates. Any proposed ESI order must recognize the Court’s authority to modify its terms for good cause later in the litigation.

View ruleOfficial source Source: page 3, section VI. ESI Order

What must be included with guardianship or conservatorship letters filings in Southern District of California?

Senior Judge Anthony J. Battaglia: The rule identifies required filing content or certificates. A certified copy of the guardianship or conservatorship letters must be filed in federal court before settlement funds are distributed.

View ruleOfficial source Source: page 12, section IV. SETTLEMENT ALTERNATIVES UNDER THE CALIFORNIA PROBATE CODE

What must be included with trust filings in Southern District of California?

Senior Judge Anthony J. Battaglia: The rule identifies required filing content or certificates. A copy of the trust must be filed with the federal court before settlement proceeds are distributed.

View ruleOfficial source Source: page 12, section IV. SETTLEMENT ALTERNATIVES UNDER THE CALIFORNIA PROBATE CODE