Judge James V. Selna
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy • Chambers Drop Off • By Noon the Day Following Filing
Adjournments
- Continuance of Scheduling Conference granted only for good cause.
- Stipulations are not effective until Court approval. Extensions must include existing due date, specific reasons, and prior request history.
- Summary judgment motions must be heard by the last motion hearing date.
- +6 more
Request must include
- Depositions must be scheduled at least 5 working days before discovery cut-off.
- Depositions must start at least 5 working days before discovery cut-off; originals must be lodged with courtroom deputy on trial day.
- Motions to join parties or amend pleadings must be filed within 60 days and noticed for hearing by final pre-trial conference.
- Interrogatories must be served at least 45 days before discovery cut-off; no extensions allowed except in extraordinary circumstances.
- Requests for production must be served at least 45 days before discovery cut-off; no extensions allowed except in extraordinary circumstances.
- Motions in limine must be filed and served at least 4 weeks before pretrial.
Communication
Chambers
Phone
Chambers
In Person
Chambers
Page & Word Limits10 rules
Joint Rule 26(f) Report must include synopsis (max 2 pages), legal issues, and damages.
- Synopsis
- Up to 2 pages
Court's wording
The Joint Rule 26(f) Report shall report on all matters enumerated below, which include those required to be discussed by Rule 26(f) and Local Rule 26: a. Synopsis: a short synopsis (not to exceed two pages) of the main claims, counterclaims, and/or affirmative defenses. b. Legal issues: a brief description of the key legal issues. c. Damages: the realistic range of provable damages.
Memoranda of Points and Authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 12 pages.
All requests for production, etc., shall be served at least forty-five (45) days prior to the discovery cut-off date.
All motions in limine must be filed and served a minimum of four (4) weeks prior to the scheduled pretrial date in accordance with Local Rule 6.
Maximum 4 motions in limine per party, excluding Rule 37(c)(1) and Court power motions.
Court's wording
The Court limits the number of in limine motions which a party or group of affiliated parties may file to four, not including (1) any in limine motion which seeks an exclusionary sanction under Rule 37(c)(1) of the Federal Rules of Civil Procedure and (2) any in limine motion which invokes the Court’s power
All reply documents must be filed and served at least two (2) weeks prior to the scheduled pretrial date.
Any motion respecting the inadequacy of responses to discovery must be filed and served not later than ten (10) days after the discovery cut-off date.
All requests for admissions shall be served at least forty-five (45) days prior to the discovery cut-off date.
All opposition documents must be filed and served at least three (3) weeks prior to the scheduled pretrial date.
Limit of 4 motions in limine per party/group, excluding Rule 37(c)(1) and Rule 702/Daubert motions.
Court's wording
The Court limits the number of in limine motions which a party or group of affiliated parties may file to four, not including (1) any in limine motion which seeks an exclusionary sanction under Rule 37(c)(1) of the Federal Rules of Civil Procedure and (2) any in limine motion which invokes the Court’s power under Rule 702 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 597 (1993), to exclude or limit expert testimony.
Document Format Requirements20 rules
If a blow up is an enlargement of an existing exhibit, it shall be designated with the number of the original exhibit followed by an “A”.
Exhibits shall be numbered 1, 2, 3, 4, etc., NOT 1.1, 1.50 etc.
B. One bench book with a copy of each exhibit for use by the Court, tabbed with numbers as described above. (Court’s exhibit tags not necessary.)
Formatting
- •Tabbed with numbers as described above
- •Court’s exhibit tags not necessary
Original exhibits with Court tags must be stapled to upper right corner.
Formatting
- •Original exhibits with Court exhibit tags
Court's wording
The Court requires that the following be submitted to the Courtroom Deputy Clerk on the first day of trial: A. The original exhibits with the Court’s exhibit tags shall be stapled to the front of the exhibit on the upper right-hand corner with the case number, case name, and exhibit number placed on each tag.
Exhibits must be in three-ring binders with tabs, spine labels, and index.
- Binding
- Three-ring binder
Formatting
- •Indexed by exhibit number
- •Tabs or dividers on right side
- •Contain index of each exhibit
Court's wording
Counsel are to prepare their exhibits for presentation at the trial by placing them in binders that are indexed by exhibit number with tabs or dividers on the right side. Counsel shall submit to the Court an original and one copy of the binders. The exhibits shall be in a three-ring binder labeled on the spine portion of the binder showing both the volume number and the exhibit numbers and contain an index of each exhibit included in the volume. Exhibits must be numbered in accordance with Fed. R. Civ. P. 16, 26, and the Local Rules.
All trial presentations must be from lectern; no writing/drawing during trial.
Formatting
- •All trial presentations must be from lectern only
- •No writing out words during trial
- •No drawing charts or diagrams during trial
- •Items may be prepared in advance and explained as Court-ordered time-saving measures
Court's wording
Opening statements, examination of witnesses, and summation will be from the lectern only. Counsel must not consume time by writing out words or drawing charts or diagrams. Counsel may do so in advance and explain that the item was prepared earlier as ordered by the Court to save time.
Objections must be brief; sidebars strongly discouraged.
Formatting
- •Further argument requires permission for sidebar conference
- •Sidebars strongly discouraged as inefficient use of jury time
Court's wording
When objecting, counsel must rise to state the objection and state only that counsel objects and the legal ground of objection. If counsel wishes to argue an objection further, counsel must ask for permission to do so; the Court may or may not grant a request for conference at sidebar. The Court strongly discourage sidebars because they represent an inefficient use of jury time when matters can be anticipated.
Counsel must not use objections for the purpose of making a speech, recapitulating testimony, or attempting to guide the witness.
Formatting
- •Objections cannot be used for attempting to guide the witness
Jury sessions limited to 75 minutes during summation.
Court's wording
The Court will honor reasonable time estimates for opening and closing addresses to the jury. Please be advised this Court will not require a jury to sit longer than 75 minutes in any one session during counsel’ summation.
Exhibits under 10 binders must be in 3-ring binders with specific formatting and delivered to Clerk on first day.
- Binding
- Three-ring binder
- Exhibit
Formatting
- •Original set and bench copy required
Court's wording
Exhibit Binders. 1. Where the volume of exhibits is less than ten binders, Counsel are to prepare exhibits for trial by placing them in three ring binders that are indexed by exhibit number with tabs or dividers on the right side and indicating on the spine of the binder the exhibit numbers contained and the volume number. The exhibits must be numbered in accordance with Fed. R. Civ. P. 16, 26 and the Local Rules. Counsel shall have the original set (with the exhibit tags affixed to the upper or lower right hand corner) and a bench copy on the exhibits, three (3) copies of the exhibit list and three (3) copies of the witness list to the Courtroom Deputy Clerk on the first day of trial.
Where the volume of exhibits is greater than ten binders Counsel are to prepare one (1) full set of the exhibits in three ring binders that are indexed by exhibit number with tabs or dividers on the right side and indicating on the spine of the binder the exhibit numbers contained and the volume number. Each exhibit shall have an exhibit tag placed in the upper or lower right hand corner of the first page of the exhibit. (These are the exhibits that will go to the jury during deliberations). With regard to exhibits for the Judge and witnesses, there should be a book for each witness that contains only the exhibits needed for that specific witness with dividers on the right side. This book should be presented to the witness when the witness is called. A copy of this book should be provided to the Judge at the time the witness is called. The Court requires counsel to submit the full set of exhibits, three (3) copies of the exhibit list and three (3) copies of the witness list to the Courtroom Deputy Clerk on the first day of trial.
- More than 10 pages
- Binding
- Three-ring binder
Formatting
- •Indexed by exhibit number
- •Tabs or dividers on right side
- •Separate witness books with only relevant exhibits
- •Witness books presented to witness when called
Exhibit binders must be prepared with specific formatting for volumes under 10.
- Binding
- Three-ring binder
- Exhibit binders
Formatting
- •Numbered per Fed. R. Civ. P. 16, 26 and Local Rules
- •Provide bench copy, 3 exhibit lists, 3 witness lists to Courtroom Deputy
Court's wording
G. Exhibit Binders. 1. Where the volume of exhibits is less than ten binders, Counsel are to prepare exhibits for trial by placing them in three ring binders that are indexed by exhibit number with tabs or dividers on the right side and indicating on the spine of the binder the exhibit numbers contained and the volume number. The exhibits must be numbered in accordance with Fed. R. Civ. P. 16, 26 and the Local Rules. Counsel shall have the original set (with the exhibit tags affixed to the upper or lower right hand corner) and a bench copy on the exhibits, three (3) copies of the exhibit list and three (3) copies of the witness list to the Courtroom Deputy
Each entry proposing dates shall fall on a Monday, except the trial date which is a Tuesday.
No footnote shall exceed 5 lines.
Formatting
- •No footnote shall exceed 5 lines
All footnotes shall be in the same type size as text.
Regardless of media, the document should be formatted in WordPerfect9 or higher.
- File type
- WordPerfect
Formatting
- •WordPerfect9 or higher
Modified pattern instructions must show deletions/additions using bolding, italic, or strike outs.
Court's wording
If a proposed instruction is a modification of a pattern instruction, such as a Ninth Circuit Model Instruction or a CACI instruction, the proponent shall also include in the packet a version showing all deletions and additions to the pattern instruction, using bolding, italic, strike outs or similar means.
Never strike the lectern for emphasis.
Formatting
- •Lectern striking for emphasis is prohibited
NO envelopes are used.
Formatting
- •No envelopes used for delivering mandatory chambers copies
Exhibits must be in binders with tabs/dividers on right side, indexed by exhibit number, and numbered per FRCP 16, 26, and Local Rules.
Formatting
- •Binders indexed by exhibit number
- •Tabs or dividers on right side
Court's wording
Counsel are to prepare their exhibits for presentation at the trial by placing them in binders that are indexed by exhibit number with tabs or dividers on the right side. Counsel shall submit to the Court an original and one copy of the binder showing both the volume number and the exhibit numbers and contain an index of each exhibit included in the volume. Exhibits must be numbered in accordance with Fed. R. Civ. P. 16, 26, and the Local Rules.
Document Filing Requirements96 rules
Joint Rule 26(f) Report must be filed one week before scheduling conference.
Court's wording
The Joint Rule 26(f) Report, which shall be filed not later than one week before the scheduling conference, shall be drafted by plaintiff (unless the parties agree otherwise), but shall be submitted and signed jointly.
The Joint Rule 26(f) Report should set forth the above enumerated information under section headings corresponding to this Order.
Dates form attached as Exhibit A to this Order and attach it to the Rule 26(f) report. Submission of a completed Exhibit A is mandatory.
- Document
- Rule 26(f) report
Must include
- •Exhibit a
Ex parte application to extend time to serve fictitiously named defendants must state reasons and show good cause.
Court's wording
If plaintiff believes (by reason of the necessity for discovery or otherwise) that fictitiously named defendants cannot be fully identified within the 120-day period, an ex parte application requesting permission to extend that period to effectuate service may be filed with this Court. Such application shall state the reasons therefor, and may be granted upon a showing of good cause.
Government counsel must comply with discovery rules and disclose Brady evidence and electronic surveillance/informant information promptly.
Court's wording
Counsel for the government and counsel for defendant shall comply promptly with discovery and notice pursuant to Fed. R. Crim. P. , Rules 12, 12.1, 12.2, 12.3, 15, and 16. Upon government counsel’s discovery of any evidence within the scope of Brady v. Maryland, 373 U.S. 83 (1963), such evidence shall be produced forthwith to counsel for the defendant. Counsel for the government shall also disclose to counsel for defendant the existence or non- existence of: (1) evidence obtained by electronic surveillance; (2) testimony by a government informer.
Counsel shall arrive at the Courtroom promptly at 8:30 a.m. on the first day of trial.
c. ALL of the government’s exhibits, with official exhibit tags attached and bearing the same number shown on the exhibit list.
- Document
- Exhibits
Include
- •Official tags
b. THREE copies of the government's exhibit list in the form specified in Local Rule 9.9 (Civil).
a. THREE copies of the government's witness list.
Sensitive exhibits (firearms, narcotics) remain with agents who must secure and guard them.
Court's wording
the Court will order that exhibits such as firearms, narcotics, etc., remain in the custody of the agents during the pendency of the trial. The agent will be required to sign the appropriate form in order to take custody of such exhibits. It shall be the responsibility of the agents to produce said items for court, secure them at night and guard them at all times while in the courtroom.
Counsel shall not refer to their clients or any witness over 14 years of age by the person’s first name during trial.
Please rise when addressing the Court. In jury cases, please rise when the jury enters or leaves the courtroom.
Do not discuss the law or argue the case in opening statements.
When objecting, state only that you are objecting and the legal ground of the objection, e.g., hearsay, irrelevant, etc. Do not argue an objection before the jury.
Stipulations require agreement with opposing counsel and defendant's concurrence.
Court's wording
Do not make an offer of stipulation unless you have conferred with opposing counsel and reached an agreement. Any stipulation of fact will require the defendant's personal concurrence and shall be submitted to the Court in advance.
Do not run out of witnesses. If you are out of witnesses and there is more than a brief delay, the Court may deem that you have rested.
Counsel are advised to be on time; the Court starts promptly.
When a party has more than one lawyer, only one may conduct the examination of a given witness and only that same lawyer may handle objections during the testimony of that witness.
If a witness was on the stand at a recess or adjournment, have the witness back on the stand and ready to proceed when court resumes.
If not previously e-mailed to the Courtroom Deputy, Counsel shall submit a flash drive, compatible with Word
Exhibit list with admitted exhibits must be reviewed and approved by both parties before being given to jury.
Court's wording
A copy of the exhibit list with all admitted exhibits will be given to the jury during deliberations. Government and defense counsel shall review and approve the exhibit list with the Courtroom Deputy prior to it being given to the jury.
The single packet shall be filed no later than seven days prior to the trial. At the same time, the parties shall also submit a WordPefect version to the JVS_Chambers@cacd.uscourts.gov e-mail box.
Index page required for jury instructions with number, title, source, and page number.
Court's wording
An index page shall accompany all jury instructions that are submitted to the Court. The index page shall indicate the following: a. The number of the instruction; b. A brief title of the instruction; c. The source of the instruction; and d. The page number of the instruction.
Parties must meet and confer 30 days before trial to submit single packet of proposed jury instructions.
Court's wording
Thirty days prior to trial, counsel shall meet and confer for the purpose of submitting a single packet of proposed jury instructions and objections, organized in the order the instruction are intended to be read. The packet shall contain all instructions desired by any party on all subjects.
At least five court days prior to trial, each counsel shall file with the Clerk and serve on opposing counsel any special questions requested to be put to prospective jurors on voir dire.
- Document
- Voir dire questions
Must include
- •Special questions
If not previously e-mailed to the Courtroom Deputy prior to trial, a 3 1/2-inch diskette in WordPerfect 9 or higher containing the exhibit list.
Jury instructions must be submitted one week before trial using specified model instructions.
- Document
- Jury instructions
Must include
- •General instructions
- •Substantive instructions
Court's wording
No later than one week before trial, jury instructions in the form described below are to be submitted. Where possible, counsel are to use the instructions from the Manual of Model Criminal Jury Instructions for the Ninth Circuit, West Publishing, latest edition, modified, as necessary, to fit the facts of the case (e.g., inserting names of defendant(s) to whom instruction applies). Where language appears in brackets in the model instruction, counsel shall select the appropriate text and eliminate the inapplicable bracketed text. Where no applicable Ninth Circuit model instruction is available, counsel are directed to use the instructions from O'Malley, Grenig & Lee (formerly Devitt, et al.), Federal Jury Practice and Instructions, West Publishing Co., current edition. Counsel shall include both general and substantive instructions.
The parties shall submit a joint proposed form of special verdict seven days prior to trial. If there are objections or competing special verdicts, they shall all be submitted in a single packet.
Each exhibit shall be tabbed with the exhibit number for easy referral. Defendant's counsel shall provide the Court with a copy of their exhibits as they are introduced during trial.
The single packet shall be filed no later than seven days prior to the trial. At the same time, the parties shall also submit a WordPefect version to the JVS_Chambers@cacd.uscourts.gov e-mail box.
Must include
- •Single packet
Three paper copies and one electronic copy (WordPerfect) of exhibit lists required.
Court's wording
C. Three (3) copies of exhibit lists, plus an electronic copy in WordPerfect® 6.0 or later generations of WordPerfect®. E-mailing the electronic copy to the Courtroom Deputy is the most convenient to accomplish this.
D. Three (3) copies of witness lists.
- Document
- Witness list
Include
- •Three (3) copies of witness lists
Counsel are ordered to confer and agree to a one-page joint statement of the case no later than five (5) days prior to the trial date.
Counsel must meet 10 days before trial to stipulate on foundation, best evidence rule, and exhibits.
Include
- •Best evidence rule waiver
Court's wording
All counsel are to meet not later than ten (10) days before trial and to stipulate so far as is possible as to foundation, waiver of the best evidence rule, and to those exhibits which may be received into evidence at the start of trial.
An exhibit not previously marked should, at the time of its first mention, be accompanied by a request that the Clerk mark it for identification. To save time, counsel must show a new exhibit to opposing counsel before it is mentioned in Court.
Counsel must return all exhibits to the Clerk during recesses and adjournments.
Court's wording
Each counsel is responsible for any exhibits that counsel secures from the Clerk and, during all recesses and noontime and afternoon adjournments, counsel must return all exhibits in counsel’s possession to the Clerk.
All depositions that will be used in the trial, either as evidence or for impeachment, must be signed and lodged with the Courtroom Deputy on the first day of trial or such earlier date as the Court may order.
- Document
- Deposition
Must include
- •Signed
The Court requires counsel to submit the full set of exhibits, three (3) copies of the exhibit list and three (3) copies of the witness list to the Courtroom Deputy Clerk on the first day of trial.
- Document
- Trial exhibits
Must include
- •Exhibit list
- •Witness list
Must announce page/line reference before reading adverse deposition for impeachment.
Court's wording
In using depositions of an adverse party for impeachment, counsel shall first announce the page and line reference of the passage desired to be read, and allow opposing counsel an opportunity to state any objection.
Whenever counsel expects to offer answers to interrogatories or requests for admissions, the desired discovery shall be read to the jury. Any objections shall be resolved in advance.
- Document
- Discovery
Must include
- •Read to jury
Filing & Service rules
Electronic Filing Rules
When the sealing application and order are not under seal, the application and proposed order must be e-filed.
The filer will electronically file the Application and attach the Proposed Order to the Application in the normal e-filing procedure.
Criminal cases
Page 1 | A. When the Application Requesting Sealing and Order Sealing are NOT Under Seal
The filer delivers the following documents to the Intake Window: one copy of the application, one copy of the proposed order, one copy of the proposed under seal document, and the Notice of Manual Filing.
The filer delivers the following documents to the Intake Window: one copy of the application, one copy of the proposed order, one copy of the proposed under seal document, and the Notice of Manual Filing.
Criminal cases
Page 1 | B. When the Application Requesting Sealing and the Order Sealing ARE Under Seal
E-filing is unavailable in a sealed action; all documents must be filed manually without a Notice of Manual Filing.
No Notice of Manual Filing is required because you are not able to e-file in a sealed action.
Criminal cases
Page 2 | C. When the ENTIRE Case is Under Seal
Filing Timing and Cure Windows
Motions other than Motions in Limine must be filed by eleven weeks before trial, subject to the noted extended notice requirements for summary judgment motions.
Last day for hand-serving motions and filing -11 (other than Motions in Limine). Please note extended notice requirements for motions for summary judgment under F.R.Civ. P. 56(c).
Civil cases
Page 1 | PRESUMPTIVE SCHEDULE OF PRETRIAL DATES
The last day for hearing motions is scheduled seven weeks before trial, on a Monday at 1:30 p.m.
Last day for hearing motions 1:30 p.m. -7 (Mondays)
Civil cases
Page 1 | PRESUMPTIVE SCHEDULE OF PRETRIAL DATES
Plaintiff must file a RICO case statement within 20 days.
Plaintiff shall file, within twenty (20) days hereof, a RICO case statement.
Civil cases
Page 1 | ORDER RE RICO CASE STATEMENT
Emailed documents and hard copies must be received by the Court by 12 noon the day after e-filing the Notice of Manual Filing.
The emailed documents and Mandatory Chambers (hard copies) are due to the Court by 12 noon the day after the e-filing of the Notice of Manual Filing.
Criminal cases
Page 1 | A. When the Application Requesting Sealing and Order Sealing are NOT Under Seal
Opposition to an ex parte application, if any, should be submitted within 24 hours.
Opposition to an ex parte application, if any, should be submitted within 24 hours.
Civil cases
Page 3 | D. EX PARTE PRACTICE
Parties have 7 calendar days to respond to an ex parte application for substitution.
Each party shall have seven calendar days to respond.
Civil cases
Page 5 | H. STATUS OF FICTITIOUSLY NAMED DEFENDANTS
Appearing parties have 7 days to comment on an ex parte application for extension of time to serve.
The ex parte application shall be served upon all appearing parties, and shall state that appearing parties may comment within seven (7) days of the filing of the ex parte application.
Civil cases
Page 5 | H. STATUS OF FICTITIOUSLY NAMED DEFENDANTS
Service and Proof of Service Rules
Motions other than Motions in Limine must be hand-served and filed by eleven weeks before trial, subject to the noted extended notice requirements for summary judgment motions.
Last day for hand-serving motions and filing -11 (other than Motions in Limine). Please note extended notice requirements for motions for summary judgment under F.R.Civ. P. 56(c).
Civil cases
Page 1 | PRESUMPTIVE SCHEDULE OF PRETRIAL DATES
Motions in Limine must be hand-served no later than six weeks before trial.
Last day for hand-serving Motions in Limine -6
Civil cases
Page 1 | PRESUMPTIVE SCHEDULE OF PRETRIAL DATES
After the court rules, the filer must serve conformed under seal documents on all parties and file a proof of service within 24 hours of receiving the conformed copies from the clerk.
After the Court rules on the application, the Courtroom Deputy Clerk will e-mail conformed copies of the necessary documents to the filer. The filer is required to serve copies of the conformed under seal documents on all other parties, as necessary, and file a proof of service within 24 hours of the Clerk returning the conformed copies of the documents.
Criminal cases
Page 1 | A. When the Application Requesting Sealing and Order Sealing are NOT Under Seal
Ex parte application to extend time to serve fictitiously named defendants must be served on all appearing parties.
The ex parte application shall be served upon all appearing parties, and shall state that appearing parties may comment within seven (7) days of the filing of the ex parte application.
Civil cases
Page 5 | H. STATUS OF FICTITIOUSLY NAMED DEFENDANTS
Plaintiff must provide notice to all appearing parties when filing an ex parte application for substitution of a fictitiously named defendant.
If consent is withheld or denied, plaintiff may apply ex parte requesting such amendment, with notice to all appearing parties.
Civil cases
Page 5 | H. STATUS OF FICTITIOUSLY NAMED DEFENDANTS
Court expects service of initial pleadings sooner than the 90-day limit and may require plaintiff to show cause for undue delay.
Although Fed.R.Civ.P., Rule 4(m) does not require the summons and complaint to be served for as much as 90 days, the Court expects that the initial pleadings will be served much sooner than that, and will require plaintiff to show cause before then if it appears that there is undue delay.
Civil cases
Page 2 | B. SERVICE OF PLEADINGS
Plaintiff normally expected to serve fictitiously named defendants within 120 days of removal.
Plaintiff is normally expected to ascertain the identity of and serve any fictitiously named defendants within 120 days of the removal of the action to this Court.
Civil cases
Page 4 | H. STATUS OF FICTITIOUSLY NAMED DEFENDANTS
Courtesy Copy Requirements
The filer will deliver the following documents to the Intake Window: one conformed copy of the application, one copy of the proposed order, and one copy of the proposed under seal document. (These are the Court's Mandatory Chambers Copies) NO envelopes are used. ... The emailed documents and Mandatory Chambers (hard copies) are due to the Court by 12 noon the day after the e-filing of the Notice of Manual Filing. ALWAYS deliver the Mandatory Chambers Copies of Under Seal Documents to the Intake Section of the Clerk's Office in Santa Ana, DO NOT deliver Mandatory Chambers Copies of Under Seal Documents to Judge Selna's Drop Box in the 10" Floor.
The filer will deliver the following documents to the Intake Window: one conformed copy of the application, one copy of the proposed order, and one copy of the proposed under seal document. (These are the Court's Mandatory Chambers Copies) NO envelopes are used. ... The emailed documents and Mandatory Chambers (hard copies) are due to the Court by 12 noon the day after the e-filing of the Notice of Manual Filing. ALWAYS deliver the Mandatory Chambers Copies of Under Seal Documents to the Intake Section of the Clerk's Office in Santa Ana, DO NOT deliver Mandatory Chambers Copies of Under Seal Documents to Judge Selna's Drop Box in the 10" Floor.
Criminal cases
Page 1 | A. When the Application Requesting Sealing and Order Sealing are NOT Under Seal
The filer delivers a copy of each document, with the applicable proof of service, to be filed in the action to the Intake Window. No Notice of Manual Filing is required because you are not able to e-file in a sealed action. (These are the Court's Mandatory Chambers Copies) NO envelopes are used.
The filer delivers a copy of each document, with the applicable proof of service, to be filed in the action to the Intake Window. No Notice of Manual Filing is required because you are not able to e-file in a sealed action. (These are the Court's Mandatory Chambers Copies) NO envelopes are used.
Criminal cases
Page 2 | C. When the ENTIRE Case is Under Seal
Mandatory chambers copies of under seal documents must not be delivered to Judge Selna's drop box on the 10th floor in Santa Ana.
Santa Ana, DO NOT deliver Mandatory Chambers Copies of Under Seal Documents to Judge Selna’s Drop Box in the 10" Floor.
Criminal cases
Page 3
A courtesy copy of all e-filed pleadings must be delivered to Judge Selna's drop box by noon the next day.
A courtesy copy of all electronically filed pleadings shall be delivered to Judge Selna's courtesy copy drop on the tenth floor at the rear of the elevator lobby by noon the day following filing.
Civil cases
Page 7 | M. COURTESY COPIES
Sealing & Redaction Procedures
When the Application Requesting Sealing and the Order Sealing ARE Under Seal... The filer delivers the following documents to the Intake Window: one copy of the application, one copy of the proposed order, one copy of the proposed under seal document, and the Notice of Manual Filing. (These are the Court's Mandatory Chambers Copies) NO envelopes are used.
When the Application Requesting Sealing and the Order Sealing ARE Under Seal... The filer delivers the following documents to the Intake Window: one copy of the application, one copy of the proposed order, one copy of the proposed under seal document, and the Notice of Manual Filing. (These are the Court's Mandatory Chambers Copies) NO envelopes are used.
Criminal cases
Page 1 | B. When the Application Requesting Sealing and the Order Sealing ARE Under Seal
When the sealing application and order are not under seal, the filer e-files the application and proposed order, and delivers mandatory chambers copies (conformed application, proposed order, proposed under seal document) to the Intake Window without envelopes.
When the Application Requesting Sealing and Order Sealing are NOT Under Seal... The filer will electronically file the Application and attach the Proposed Order to the Application in the normal e-filing procedure. The filer will deliver the following documents to the Intake Window: one conformed copy of the application, one copy of the proposed order, and one copy of the proposed under seal document. (These are the Court's Mandatory Chambers Copies) NO envelopes are used.
Criminal cases
Page 1 | A. When the Application Requesting Sealing and Order Sealing are NOT Under Seal
When the entire case is under seal, the filer delivers copies of all documents with proof of service to the Intake Window; no e-filing or Notice of Manual Filing is required.
When the ENTIRE Case is Under Seal... The filer delivers a copy of each document, with the applicable proof of service, to be filed in the action to the Intake Window. No Notice of Manual Filing is required because you are not able to e-file in a sealed action. (These are the Court's Mandatory Chambers Copies) NO envelopes are used.
Criminal cases
Page 2 | C. When the ENTIRE Case is Under Seal
Government must file witness statements under seal at least 5 days before trial.
Counsel for the government shall file with the Court in camera (under seal) all statements of all witnesses to be called by the government in its case-in-chief. Such statements shall be filed at least five (5) calendar days before trial.
Criminal cases
Page 3 | TRIAL
Pre-Motion Conference Requirements
Many motions to dismiss or to strike could be avoided if the parties confer in good faith (as they are required to do under L.R. 7-3), especially for perceived defects in a complaint, answer or counterclaim which could be corrected by amendment.
Many motions to dismiss or to strike could be avoided if the parties confer in good faith (as they are required to do under L.R. 7-3), especially for perceived defects in a complaint, answer or counterclaim which could be corrected by amendment.
Civil cases
Page 6 | J. MOTIONS UNDER FED.R.CIV.P., Rule 12
Discovery motions require prior consultation with opposing counsel and must include specific information.
Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain what discovery will be provided. Any discovery motion shall state with particularity what is requested, the basis for such requested production, whether such discovery has been formally requested, and whether such discovery has been declined. Motions made without prior consultation with opposing counsel or which fail to include the above information will not be heard.
Criminal cases
Ex parte application required for other in limine motions 7 days before due date.
Any party desiring to tender any other in limine motions shall file an ex parte application no later than seven days prior to the due date for such motions, attaching the proposed motion and making a showing why it is imperative that the issue be dealt with by a motion in limine.
Civil cases
Page 5 | Motions in Limine
All in limine motions heard on scheduled pretrial date.
All motions in limine will be heard on the scheduled pretrial date, unless the Court otherwise orders.
Civil cases
Page 5 | Motions in Limine
Motions in limine will be heard on the scheduled pretrial date unless otherwise ordered.
All motions in limine will be heard on the scheduled pretrial date, unless the Court otherwise orders.
Civil cases
Adjournment & Extension Requirements
Counsel must notify Courtroom Deputy by 4:30 p.m. two court days before trial for additional equipment installation.
If counsel need to arrange for the installation of their own additional equipment, such as video monitors, overhead projectors, etc., notify the Courtroom Deputy no later than 4:30 p.m. two court days before trial so that the necessary arrangements can be made.
Criminal cases
Summary judgment motions must be heard by the last motion hearing date.
Motions for summary judgment or partial summary judgment shall be heard no later than the last day for hearing motions, as set forth in the accompanying minute order.
Civil cases
Motions to join parties or amend pleadings must be filed within 60 days and noticed for hearing within 90 days.
All motions to join other parties or to amend the pleadings shall be filed and served within sixty (60) days of the date of this order and noticed for hearing within ninety (90) days hereof.
Civil cases
Depositions must be scheduled at least 5 working days before discovery cut-off.
All depositions shall be scheduled to commence at least five (5) working days prior to the discovery cut-off date.
Civil cases
Interrogatories must be served at least 45 days before discovery cut-off.
All interrogatories must be served at least forty-five (45) days prior to the discovery cut-off date.
Civil cases
Depositions must start at least 5 working days before discovery cut-off; originals must be lodged with courtroom deputy on trial day.
All depositions shall be scheduled to commence at least five (5) working days prior to the discovery cut-off date. All original depositions to be used in trial shall be lodged with the Courtroom Deputy on the day of trial.
Civil cases
Page 2 | ORDER FOR COURT TRIAL SETTING DATES
Requests for production must be served at least 45 days before discovery cut-off; no extensions allowed except in extraordinary circumstances.
All requests for production, etc., shall be served at least forty-five (45) days prior to the discovery cut-off date. The Court will not approve stipulations between counsel that permit responses to be served after the cut-off date except in extraordinary circumstances.
Civil cases
Page 2 | ORDER FOR COURT TRIAL SETTING DATES
Summary judgment motions must be heard by the last motion hearing date with extended notice under FRCP 56(c).
Motions for summary judgment or partial summary judgment shall be heard no later than the last day for hearing motions, as set forth in the accompanying minute order. Please note the extended notice requirements under F. R. Civ. P. 56(c) which are longer than provided in the Local Rules.
Civil cases
Page 2 | ORDER FOR COURT TRIAL SETTING DATES
Interrogatories must be served at least 45 days before discovery cut-off; no extensions allowed except in extraordinary circumstances.
All interrogatories must be served at least forty-five (45) days prior to the discovery cut-off date. The Court will not approve stipulations between counsel that permit responses to be served after the cut-off date except in extraordinary circumstances.
Civil cases
Page 2 | ORDER FOR COURT TRIAL SETTING DATES
Ex parte application required for additional in limine motions beyond the limit.
Any party desiring to tender any other in limine motions shall file an ex parte application no later than seven
Civil cases
Opposition to motions in limine must be filed and served at least 3 weeks before pretrial.
All opposition documents must be filed and served at least three (3) weeks prior to the scheduled pretrial date.
Civil cases
Motions in limine must be filed and served at least 4 weeks before pretrial.
All motions in limine must be filed and served a minimum of four (4) weeks prior to the scheduled pretrial date.
Civil cases
Reply documents to motions in limine must be filed and served at least 2 weeks before pretrial.
All reply documents must be filed and served at least two (2) weeks prior to the scheduled pretrial date.
Civil cases
Continuance of Scheduling Conference granted only for good cause.
A continuance of the Scheduling Conference will be granted only for good cause.
Civil cases
Page 6 | Scheduling Conference
Stipulations are not effective until Court approval. Extensions must include existing due date, specific reasons, and prior request history.
No stipulations extending scheduling requirements or modifying applicable rules are effective until and unless the Court approves them. Both applications and stipulations must set forth: 1. The existing due date or hearing date; 2. Specific, concrete reasons supporting good cause for granting the extension. In this regard, a statement that an extension "will promote settlement" is insufficient. The requesting party or parties must indicate the status of ongoing negotiations: Have written proposals been exchanged? Is counsel in the process of reviewing a draft settlement agreement? Has a mediator been selected? 3. Whether there have been prior requests for extensions, and whether these were granted or denied by the Court.
Civil cases
Page 3 | E. APPLICATIONS AND STIPULATIONS FOR EXTENSIONS OF TIME
Motions to join parties or amend pleadings must be filed within 60 days and noticed for hearing by final pre-trial conference.
All motions to join other parties or to amend the pleadings shall be filed and served within sixty (60) days of the date of this order and noticed for hearing within date set for the Final Pre-Trial Conference.
Civil cases
Page 1 | ORDER FOR COURT TRIAL SETTING DATES
Chambers Communication Rules
Lead trial attorney must attend Scheduling Conference unless excused for good cause.
The lead trial attorney must attend the Scheduling Conference, unless excused for good cause shown in advance of the Scheduling Conference.
Civil cases
Page 6 | Scheduling Conference
Counsel must provide Order to parties appearing after date of Order and known parties not yet appeared.
Plaintiff’s counsel or, if plaintiff is appearing pro se, defendant’s counsel, shall provide this Order to any parties who first appear after the date of this Order and to parties who are known to exist but have not yet entered appearances.
Civil cases
Page 6 | Notice to be Provided by Counsel
Must have Court's permission to approach Courtroom Deputy, witness box, or enter well.
Do not approach the Courtroom Deputy or the witness box without the Court's permission. Please return to the lectern when your purpose has been accomplished. Do not enter the well of the Court without the Court's permission.
Criminal cases
Page 9 | Trial Procedures
All remarks must be addressed to Court, not to Deputy, reporter, or opposing counsel.
Address all remarks to the Court. Do not directly address the Courtroom Deputy, the reporter or opposing counsel. If you wish to speak with opposing counsel, ask permission to talk to counsel off the record. All requests for the re-reading of questions or answers, or to have an exhibit placed in front of a witness, shall be addressed to the Court.
Criminal cases
Page 9 | Trial Procedures
Must have advance permission to leave counsel table during court session.
While court is in session, do not leave the counsel table to confer with investigators, secretaries, or witnesses unless permission is granted in advance.
Criminal cases
Page 10 | Trial Procedures
Notify clerk in advance for witness accommodation needs.
(2) It is counsel’s duty to notify the courtroom deputy clerk in advance if any witness should be accommodated by use of the witness stand’s automated platform which lowers and raises to accommodate witnesses who are unable to otherwise take the witness stand.
Civil cases
E. Counsel are to advise the Clerk of any agreements they have with respect to the proposed exhibits and as to those exhibits that may be received so that no further motion to admit need be made.
E. Counsel are to advise the Clerk of any agreements they have with respect to the proposed exhibits and as to those exhibits that may be received so that no further motion to admit need be made.
Civil cases
Filer must email PDFs of the application and proposed under seal document, plus a Word/WordPerfect version of the proposed order, to chambers.
The filer must email the judge's chambers email account (JVS_Chambers@cacd.uscourts.gov) with the PDF of the application, PDF of the proposed under seal document, and Word/WordPerfect version of the proposed order.
Criminal cases
Page 1 | A. When the Application Requesting Sealing and Order Sealing are NOT Under Seal
Counsel must not use first names for witnesses/parties (except under 14).
Counsel must not address or refer to witnesses or parties by first names alone. Young witnesses (under 14) may, however, be addressed and referred to by their first name.
Civil cases
Page 11 | E
Counsel must address all remarks to the Court. Counsel are not to address the Clerk, the Reporter, persons in the audience, or opposing counsel. If counsel wishes to speak with opposing counsel, counsel must ask permission to talk off the record. Any request for the re-reading of questions or answers shall be addressed to the Court.
Counsel must address all remarks to the Court. Counsel are not to address the Clerk, the Reporter, persons in the audience, or opposing counsel. If counsel wishes to speak with opposing counsel, counsel must ask permission to talk off the record. Any request for the re-reading of questions or answers shall be addressed to the Court.
Civil cases
Page 11 | D
Counsel must not make an offer of stipulation unless counsel has conferred with opposing counsel and has reason to believe the stipulation will be acceptable.
Counsel must not make an offer of stipulation unless counsel has conferred with opposing counsel and has reason to believe the stipulation will be acceptable.
Civil cases
Page 11 | F
Counsel must not approach clerk or witness box without permission.
Counsel must not approach the Clerk or the witness box without specific permission. When permission is given, please return to the lectern when the purpose of the permission is finished. Counsel must not engage in questioning a witness at the witness stand.
Civil cases
Page 11 | B
Counsel must have witness adjacent to stand, ready to proceed after adjournment.
If a witness was on the stand at adjournment, it is counsel's duty to have the witness adjacent to, but not on, the stand, ready to proceed when the court session resumes.
Civil cases
Page 12 | B(1)
Counsel must advise court of commitments that may cause absence/late arrival on first day of trial.
The Court makes every effort to commence proceedings at the time set. Promptness is expected from counsel and witnesses. It is counsel’s duty of the first day of trial to advise the Court on the first day of any commitments that may result in counsel’s absence or late arrival.
Civil cases
Page 12 | A
Counsel must notify courtroom deputy clerk in advance for witness accommodations.
It is counsel’s duty to notify the courtroom deputy clerk in advance if any witness should be accommodated by use of the witness stand’s
Civil cases
Page 12 | B(2)
Only one lawyer per party may examine a given witness.
Where a party has more than one lawyer, only one may conduct the direct or cross-examination of a given witness.
Civil cases
Page 12 | I
Counsel should not by facial expression, nodding or other conduct exhibit any opinion, adverse or favorable, concerning any testimony being given by a witness. Counsel should admonish counsel’s own client(s) and witnesses to avoid such conduct.
Counsel should not by facial expression, nodding or other conduct exhibit any opinion, adverse or favorable, concerning any testimony being given by a witness. Counsel should admonish counsel’s own client(s) and witnesses to avoid such conduct.
Civil cases
Page 12 | H
Counsel must have witness ready to proceed when court resumes after recess.
If a witness is on the stand when a recess is taken, it is counsel’s duty to have the witness back on the stand, ready to proceed, when the court session resumes.
Civil cases
Page 12 | B
Must notify clerk at day's adjournment of unexpected legal issues.
Counsel are directed to notify the Clerk at the day’s adjournment if an unexpected legal issue arises that could not have been foreseen and addressed by a motion in limine (see Fed. R. Evid. 103).
Civil cases
Page 16 | Advance Notice of Evidentiary or Difficult Questions
Must give advance notice for anticipated difficult legal questions requiring research/briefing.
If counsel has reason to anticipate that a difficult question of law or evidence will raise legal argument, requiring research and/or briefing, counsel must give the Court advance notice.
Civil cases
Page 16 | Advance Notice of Evidentiary or Difficult Questions
Parties may consent to have any Magistrate Judge preside over all proceedings under 28 U.S.C. § 636.
Magistrates: Do the parties wish to have a Magistrate Judge preside? Under 28 U.S.C. § 636, the parties may consent to have a Magistrate Judge preside over all the proceedings, not just discovery. They may pick any Magistrate Judge (not just the one assigned to this case) from among those Magistrate Judges who accept these designations. (They are identified on the Central District’s website, which also contains the consent form.)
Civil cases
Page 5 | Magistrates
Protective orders should be proposed to opposing counsel before Scheduling Conference and submitted to assigned Magistrate Judge.
If you seek a protective order, propose it to opposing counsel before the Scheduling Conference, if at all possible. Protective Order should be submitted to the assigned Magistrate Judge for consideration.
Civil cases
Page 6 | Protective Orders
Court orders and Local Rules available on Central District of California website
Copies of this and all other orders of this Court that may become applicable to this case are available on the Central District of California website, at “www.cacd.uscourts.gov,” under “Judge’s Procedures and Schedules.” Copies of the Local Rules are available on the website.
Civil cases
Page 7 | Court's Website
Electronic copies may be emailed to JVS_Chambers@cacd.uscourts.gov.
by e-mailing a copy to the Court Room Deputy (JVS_Chambers@cacd.uscourts.gov)
Civil cases
Page 8 | N. ELECTRONIC COPIES
After-hours emergencies: contact the U.S. Marshal's Command Center.
In the event that an after-hours emergency arises, the Court can be reached through United States Marshal’s Command Center in Los Angeles (213-894-2485) or Santa Ana (714-338-4610).
Civil cases
Page 9 | O. EMERGENCY AFTER-HOURS CONTACTS
Court reserves 8:30-9:00 a.m. for matters outside jury presence; counsel should raise issues during this time.
The Court reserves the time from 8:30 a.m. to 9:00 a.m. to handle legal and administrative matters outside of the presence of the jury. The trial before the jury will commence promptly at 9:00 a.m. Counsel are urged to anticipate matters which may need discussion or hearing outside of the presence of the jury and to raise them during this period, during breaks or at the end of the day.
Criminal cases
Counsel must rise when addressing court or jury enters/exits.
Please rise when addressing the Court and rise when the jury enters or leaves the courtroom.
Civil cases
Page 11 | C
D. The Court attempts to cooperate with physicians, scientists, and all other professional witnesses and will, except in extraordinary circumstances, accommodate them by permitting them to be put on out of sequence. Counsel must anticipate any such possibility and discuss it with opposing counsel. If there is objection, confer with the Court in advance.
D. The Court attempts to cooperate with physicians, scientists, and all other professional witnesses and will, except in extraordinary circumstances, accommodate them by permitting them to be put on out of sequence. Counsel must anticipate any such possibility and discuss it with opposing counsel. If there is objection, confer with the Court in advance.
Civil cases
Counsel must not leave counsel table without advance permission.
While Court is in session, counsel must not leave counsel table to permission has been granted in advance.
Civil cases
Page 12 | G