Judge Ken Schubert
Individual Rules, Standing Orders & Policies
Limits & Logistics
Courtesy Copies
All filings
Court-wide- Chambers Drop Off
Deposition Designations
Court-wide- Email • As Directed In Pretrial Order
Filings >= 500 pages
Court-wide- Hand Delivery
Adjournments
- Requests to change the trial date must be made by motion filed and noted for hearing on a nine-court-day calendar.
- Stipulated or agreed motions to continue trial may be submitted on a two-court-day calendar under LCR 7(b)(4)(H).
- Timely trial continuance motions are granted on good cause and must be accompanied by a declaration describing the nature of the case, completed discovery and trial preparation, remaining work, and why the case could not be completed within the original case schedule.
- Untimely motions to change the trial date filed after the Case Schedule deadline will not be granted except under extraordinary circumstances where no alternative means prevents a substantial injustice (LCR 40(e)(2)).
Request must include
Communication
Chambers
Phone
Court-wideChambers
Document Format Requirements3 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
Please provide a copy of all proposed orders in Word format to the Court by emailing them to the bailiff.
Summary: All proposed orders must be provided to the Court in Word format by emailing them to the bailiff.
DOCX
The quote is in the court's document. The summary is not checked yet.Important?
Depositions are not to be marked as an exhibit since they are part of the court file. Exhibits to the deposition may be marked as exhibits in evidence.
Summary: Depositions themselves must not be marked as exhibits because they are part of the court file, though exhibits to depositions may be marked as exhibits in evidence.
The quote is in the court's document. The summary is not checked yet.Important?
Otherwise, all unattached exhibits in a deposition should be stapled or secured inside the back cover of the deposition.
Summary: Unattached exhibits within a deposition must be stapled or secured inside the back cover of the deposition.
Document Filing Requirements7 rules
The quote is in the court's document. The summary is not checked yet.Mandatory?
File a set of cited proposed instructions with the court clerk.
Summary: A set of cited proposed jury instructions must be filed with the court clerk.
Document Type
Proposed Jury Instructions
The quote is in the court's document. The summary is not checked yet.Mandatory?
E-mail a set of cited and un-cited proposed jury instructions in Word format to the court's bailiff.
Summary: Proposed jury instructions (cited and un-cited) must be emailed to the court's bailiff in Word format.
Document Type
Proposed Jury Instructions
The quote is in the court's document. The summary is not checked yet.Mandatory?
Please bring sufficient copies of your exhibits to trial. You must have a complete set for the court clerk to mark as the official set of trial exhibits and complete set for the court to use as working copies. Do not ask the staff to make copies of your trial exhibits.
Summary: Parties must bring complete sets of trial exhibits for the clerk and the court, and may not ask staff to make copies.
Document Type
Exhibits
The quote is in the court's document. The summary is not checked yet.Mandatory?
Any email request for a dispositive motion hearing must include Case name and cause number Names, phone numbers, and email addresses of all counsel Type of hearing and dates requested
Summary: Email requests for dispositive motion hearings must include the case name and cause number, all counsel's names, phone numbers, and email addresses, and the type of hearing and dates requested.
Document Type
Hearing Request Email
The quote is in the court's document. The summary is not checked yet.Mandatory?
Parties must note all hearings for motions, including stipulated motions, pursuant to LCR 7(b)(4).
Summary: All motions, including stipulated motions, must be noted for hearing pursuant to LCR 7(b)(4).
Document Type
Note For Hearing
The quote is in the court's document. The summary is not checked yet.Mandatory?
Parties must comply with all the requirements of LCR 7(b)(4)(A) when setting motions without oral argument.
Summary: When setting motions without oral argument, parties must comply with all requirements of LCR 7(b)(4)(A).
Document Type
Motion
The quote is in the court's document. The summary is not checked yet.Important?
Department 40 is a paperless court and Judge Schubert requests that parties file a working copies submission list identifying by Sub. (docket) No. where each filing for the hearing can be found.
Summary: Instead of working copies, parties must file a working copies submission list identifying by docket (Sub.) number where each hearing filing can be found.
Document Type
Working Copies Submission List
Filing & Service rules
Electronic Filing Rules
E-working copies are not needed, and parties must not email, mail, or messenger hard copies of working papers to the paperless court.
The parties do not need to incur the expense of submitting e-working copies. Please do not email, snail mail, or messenger hard copies of working papers.
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Page 1 | Working copies
Except in criminal cases, parties must upload trial exhibits to Case Center following the instructions attached to the Pre-Trial Conference Order.
Except in criminal cases, the parties should upload exhibits to Case Center using the instructions attached to the Pre-Trial Conference Order.
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Page 1 | Civil trial exhibits
Filing Timing and Cure Windows
A Note for Hearing for a summary judgment motion must be filed and served within five days of receiving the hearing date and time, or the Court may release the reserved hearing slot.
You must also file and serve a Note for Hearing for your summary judgment motion within five days of receiving a hearing date and time. Failure to do so may result in the Court releasing your reserved hearing date and time.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Dispositive motions and hearing requests
The Joint Statement of Evidence must be filed no later than five court days before the scheduled trial date.
Pursuant to Local Rule 16(5), the Joint Statement of Evidence is to be filed, not later than five court days before the scheduled trial date.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Civil trial exhibits
Service and Proof of Service Rules
If no email address is available for an attorney or party, that party must give the Court preaddressed, stamped envelopes so signed orders can be sent by mail.
If no email address is available for an attorney or a party, please provide preaddressed, stamped envelopes to the Court for its use in sending the order by mail.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Non-dispositive motions
Signed orders are distributed through e-filing to parties who sign up for e-service.
Courtesy copies of signed orders will be provided through e-filing for those who sign up for e-service.
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Page 1 | Non-dispositive motions
Self-represented parties not enrolled in e-service may receive signed orders at an email address they provide to the bailiff.
If a self-represented party has not signed up for e-service, they may receive orders via an email address they provide to the bailiff.
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Page 1 | Non-dispositive motions
Adjournment & Extension Requirements
Requests to change the trial date must be made by motion filed and noted for hearing on a nine-court-day calendar.
Requests to change the trial date should be by motion, filed and noted for hearing on a nine-court-day calendar.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Civil trial continuances
Untimely motions to change the trial date filed after the Case Schedule deadline will not be granted except under extraordinary circumstances where no alternative means prevents a substantial injustice (LCR 40(e)(2)).
LCR 40(e)(2) applies to untimely motions filed after the final date to change trial date set forth in the Case Schedule. That rule provides that "the motion will not be granted except under extraordinary circumstances where there is no alternative means of preventing a substantial injustice."
The quote is in the court's document. The summary is not checked yet.
Page 1 | Civil trial continuances
Stipulated or agreed motions to continue trial may be submitted on a two-court-day calendar under LCR 7(b)(4)(H).
Stipulations or agreed motions may be submitted on a two-court-day calendar pursuant to LCR 7(b)(4)(H).
The quote is in the court's document. The summary is not checked yet.
Page 1 | Civil trial continuances
Timely trial continuance motions are granted on good cause and must be accompanied by a declaration describing the nature of the case, completed discovery and trial preparation, remaining work, and why the case could not be completed within the original case schedule.
The Court grants timely motions to continue trial based on good cause. The motion should be accompanied by a declaration as to the nature of the case, the discovery and trial preparation that have been completed, what remains to be accomplished, and an explanation of why the case could not be completed within the original case schedule.
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Page 1 | Civil trial continuances
Chambers Communication Rules
Counsel must give the bailiff contact information for jury questions or verdict during deliberations.
Provide the bailiff with contact information in case of a jury question or verdict.
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Page 2 | During Deliberations
Dispositive motions are heard on Fridays, and hearing dates are requested by emailing or telephoning the bailiff consistent with LCR 7(b)(4)(B).
Judge Schubert hears dispositive motions on Fridays. Requests for hearing dates are accepted by emailing or telephoning the bailiff consistent with LCR 7(b)(4)(B).
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Page 1 | Dispositive motions and hearing requests
Parties must promptly notify the Court and each other when a noted motion no longer needs to be heard.
Parties must promptly notify the Court and each other if the Court no longer needs to hear the noted motion.
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Page 1 | Dispositive motions and hearing requests
Chambers/bailiff email may be used to submit proposed jury instructions in Word format.
E-mail a set of cited and un-cited proposed jury instructions in Word format to the court's bailiff.
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Page 2 | Jury Instructions
Parties should contact Judge Schubert's bailiff with any further questions.
Please contact Judge Schubert's bailiff regarding any further questions.
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Page 1 | Civil trial exhibits
When scheduling, parties should advise the bailiff of any request for additional hearing time in multi-party or complex cases and whether anyone needs an interpreter.
Judge Schubert may provide additional time on hearings involving multi-party cases or complex litigation. Please advise the bailiff of your request for more time when scheduling your hearing. Please also let the bailiff know if anyone will need an interpreter.
The quote is in the court's document. The summary is not checked yet.
Page 1 | Dispositive motions and hearing requests