Judge Patricia Donahue
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Communication
Chambers
Page & Word Limits2 rules
Motions in limine and oppositions thereto may be no more than 2,800 words. Reply briefs, if any, may be no more than 2,100 words.
- Motion in limine
- Up to 2,800 words
- Opposition
- Up to 2,800 words
- Reply brief
- Up to 2,100 words
The statement shall not exceed one page. The statement must be filed with the Court no later than five (5) court days before the Final Pretrial Conference date.
- Page limit
- Up to 1 page
Document Format Requirements7 rules
All disclosures must be made in writing.
Joint witness list must use provided format, include required details, be joint, and comply with Local Rule 16-5.
- Joint witness list
Formatting
- •Must be joint (filed by all parties together)
- •Include full witness names in order of expected testimony
- •Include time estimates for direct, cross, redirect, and re-cross examination
- •Include description of each witness’ testimony
- •Note special considerations (e.g., interpreter needs) in comments section
- •Date Testified column must be left blank
Court's wording
Using the format provided below, the parties shall file a joint witness list no later than five (5) court days prior to the Final Pretrial Conference. Counsel are to submit the full names of the witnesses in the order that they are expected to testify, and provide, to the extent possible, an accurate estimate of the time needed for each witness for direct, cross, redirect, and re-cross. Counsel will also provide a description of each witness’ testimony, e.g., “eyewitness to accident.” If more than one witness is offered on the same subject, the description should be sufficiently detailed to allow the Court to determine if the testimony is cumulative. Any special considerations should be noted in the “comments” section, e.g., “will testify through a Spanish language interpreter.” Further, the parties shall comply with the requirements of Local Rule 16-5. The “Date Testified” column should be left blank; the Courtroom Deputy will fill it in during trial.
Each requested jury instruction must cite authority, be full text, on separate page, numbered, cover one subject, no repetition, and submitted in order.
- Jury instructions
Formatting
- •Cite authority or source of instruction
- •Set forth in full
- •On a separate page
- •Numbered
Court's wording
Each requested instruction must (1) cite the authority or source of the instruction; (2) be set forth in full; (3) be on a separate page; (4) be numbered; (5) cover only one subject or principle of law; and (6) not repeat principles of law contained in any other requested instruction. The instructions should be submitted in the order in which the parties wish to have the instructions read.
In addition, counsel must submit electronic versions (in Microsoft Word format) of all proposed instructions to the chambers email address.
- File type
- Word
- Proposed instructions
A joint exhibit list shall be prepared in compliance with the example below and Local Rule 16-6.1.
If the parties choose to use paper/physical exhibits (versus digital), all exhibits will be placed in 3-ring, loose-leaf binders, in numerical order, with divider tabs containing exhibit numbers. The face and spine of the notebooks are to be marked with the case name and number, the numbers of the exhibits contained therein, and the volume number. Each binder must contain an index of the exhibits included in the volume. Any exhibits that a party wishes the jury to see in its original form (versus replicated form), should be placed in a Redweld and labeled and numbered as specified herein.
- Binding
- Tabbed three-ring binder
- Exhibit
Exhibits must be tagged in the lower right corner per Local Rule 16-6; multi-page exhibits require internal pagination showing exhibit and page numbers.
Court's wording
Exhibits are to be tagged in the lower right corner of each original page and numbered in accordance with Local Rule 16-6. Exhibits consisting of more than one page shall be internally paginated in the lower right corner, displaying both the exhibit number and the page number.
Document Filing Requirements13 rules
Motions in limine must address only one item/category of evidence or witness, not compound.
Court's wording
each motion shall not be compound, i.e., each motion shall address only one item of evidence or witness or, if common grounds for exclusion or admission apply to multiple items of evidence or witnesses, only one category of evidence or witness.
must comply with the format and content required in the Local Rules.
Counsel must file (Proposed) Findings of Fact and Conclusions of Law after trial, including citations to admitted evidence and relevant transcript excerpts if witness testimony is used.
Court's wording
Notwithstanding Local Rule 52, for any matter requiring findings of fact and conclusions of law, unless otherwise expressly ordered by the Court, counsel will be required to file (Proposed) Findings of Fact and Conclusions of Law after the conclusion of the trial. The (Proposed) Findings of Fact must include citations to admitted evidence. Where witness trial testimony is necessary to establish a given fact, the party must obtain a transcript of the proceedings and file relevant excerpts of those transcripts with the (Proposed) Findings of Fact and Conclusions of Law.
Disputed instructions must include supporting statements for the instruction and objections, plus a proposed alternative if applicable.
- Document
- Disputed instruction
Must include
- •Legal argument
Court's wording
Each disputed instruction must have attached a short (one or two paragraph) statement, including points and authorities in support of the instruction, as well as a brief statement, including points and authorities, in support of any objections. A proposed alternative instruction must be provided, if applicable.
Counsel must provide an index with specified fields for each set of filed instructions.
Court's wording
With each set of instructions filed, counsel must provide an index of all instructions submitted per the example below, which must include the following: -The number of the instruction; -The title of the instruction; -The source of the instruction and any relevant case citations; -The page number of the instruction.
Case-specific glossaries must include medical, technical, and case-specific terms as listed.
Court's wording
No later than five (5) court days before the Final Pretrial Conference, the parties are to file a case-specific glossary for the Court and reporter that includes applicable medical, scientific, or technical terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/entities involved in the case, names of people interviewed/deposed, names of family members, friends, or others who might be mentioned, and other case-specific terminology.
Admitted exhibit lists must be given to the jury during deliberations after review and approval by the CRD.
Court's wording
A copy of the exhibit list with all admitted exhibits will be given to the jury during deliberations. Counsel must review and approve the exhibit list with the CRD before the list is given to the jury.
Joint exhibit lists must contain information required by FRCP 26(a)(3)(A).
Court's wording
The joint exhibit list will be filed no later than five (5) court days prior to the Final Pretrial Conference and shall contain the information required by Rule 26(a)(3)(A) of the Federal Rules of Civil Procedure.
The parties shall prepare two sets of exhibit binders for the Court, and another set of binders for the opposing party. All sets must be brought to the Exhibit Conference (discussed below) if one is ordered, or otherwise, on the morning trial begins.
If the parties wish to use a paperless presentation method, details must be discussed at the Final Pretrial Conference.
The Court has its own introductory instructions (instructions read before opening statements). Counsel should provide only instructions to be read after the evidence has been submitted or that may be appropriate during trial.
Witness binders (3 sets: Court, opposing party, witness) required for large exhibits or party request; contain only relevant exhibits, witness name on binder, tabbed numerical order; deliver when witness is called.
Court's wording
If ordered by the Court in a case with a large number of exhibits, or if otherwise desired by the parties, the parties must also prepare individual witness binders: one for the Court; one for the opposing party; and one for the witness. Witness binders are to include only those exhibits that will be used when a particular witness testifies. The name of the witness should appear on the binder, and exhibits must be in numerical order and tabbed so that the witness’s testimony proceeds. Witness binders are used for the convenience of the witness, the Court, and the parties. Accordingly, they need not be given to the CRD or the opposing side until each witness is called.
Jury instructions must use Ninth Circuit model versions if applicable, modified with brackets filled and blanks completed; use California Jury Instructions if CA law applies, with alternatives only if reasoned argument provided.
Court's wording
When the Manual of Model Jury Instructions for the Ninth Circuit provides an applicable jury instruction, the parties should submit the most recent version, modified and supplemented to fit the circumstances of this case. Where language appears in brackets, the appropriate language should be selected. All blanks should be completed. Where California law applies, counsel should use the current edition of California Jury Instructions. When submitting other than Ninth Circuit or California instructions, counsel should be sure that the law on which the instruction is based is the same as Ninth Circuit law (or California or other state law, if applicable) on the subject. Counsel may submit alternatives to the Ninth Circuit model jury instructions, or BAJI or CACI, only if counsel has a reasoned argument that those instructions do not properly state the law or they are incomplete.
Filing & Service rules
Electronic Filing Rules
Counsel must submit proposed instructions to the chambers email address.
In addition, counsel must submit electronic versions (in Microsoft Word format) of all proposed instructions to the chambers email address.
Page 9 | II. TRIAL PREPARATION AND DEADLINES
Filing Timing and Cure Windows
Motions to add parties or amend pleadings must be noticed for hearing on or before the established cut-off date.
All motions to add parties or to amend the pleadings must be noticed to be heard on or before the cut-off date.
Page 1 | I. DEADLINES, A. PARTIES/PLEADINGS
Fact and expert discovery cut-off dates require all discovery (including related motion hearings) to be completed by that date, not just discovery requests served.
These are not the dates by which discovery requests must be served; they are the dates by which all discovery, including all hearings on any related motions, must be completed.
Page 2 | I. DEADLINES, B. DISCOVERY AND DISCOVERY CUT-OFF, 1. Discovery Cut-off
Discovery motions challenging adequacy of responses must be filed, served, and calendared early enough to obtain responses before the discovery cut-off date if the motion is granted.
Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted.
Page 2 | I. DEADLINES, B. DISCOVERY AND DISCOVERY CUT-OFF, 3. Discovery Motions
All motions (except in limine) must be heard on or before the court-established motion cut-off date.
The Court has established a cut-off date for the hearing of motions. All motions, including summary judgment and Daubert motions, must be noticed so that the hearing takes place on or before the motion cut-off date. This does not apply to in limine motions.
Page 3 | C. MOTIONS
Depositions must commence early enough to complete and allow filing of related motions before the discovery cut-off date.
All depositions must commence sufficiently in advance of the discovery cut-off date to permit their completion and to permit the deposing party enough time to bring any discovery motions concerning the deposition before the cut-off date.
Page 3 | 4. Depositions
Counsel must complete ADR proceedings by the deadline set by the Court.
Counsel must complete an ADR proceeding no later than the date set by the Court.
Page 4 | E. ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES/NOTICE OF SETTLEMENT
Parties in jury trial cases must notify the Court of any settlement by the Wednesday preceding the trial week.
In all cases set for jury trial, the parties must notify the Court of any settlement no later than the Wednesday preceding the week that trial is set to start so that the necessary arrangements can be made to schedule a different case for trial or notify the members of the public who would otherwise be reporting for jury duty that their services are not needed on that date.
Page 4 | E. ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES/NOTICE OF SETTLEMENT
Proposed Pretrial Conference Order must be filed 5 court days before Final Pretrial Conference and comply with Local Rules' format/content.
A (Proposed) Pretrial Conference Order must be filed no later than five (5) court days before the Final Pretrial Conference and must comply with the format and content required in the Local Rules.
Page 5 | II. TRIAL PREPARATION AND DEADLINES B. PROPOSED PRETRIAL CONFERENCE ORDER
Motions in limine must be filed by the date established by the Court.
All motions in limine must be filed by the date established by the Court.
Page 5 | II. TRIAL PREPARATION AND DEADLINES A. MOTIONS IN LIMINE
Oppositions to motions in limine must be filed by the date established by the Court.
An opposition must be filed by the date established by the Court.
Page 5 | II. TRIAL PREPARATION AND DEADLINES A. MOTIONS IN LIMINE
Joint witness list must be filed 5 court days before Final Pretrial Conference.
the parties shall file a joint witness list no later than five (5) court days prior to the Final Pretrial Conference.
Page 6 | II. TRIAL PREPARATION AND DEADLINES B. PROPOSED PRETRIAL CONFERENCE ORDER 2. Witness List
Proposed jury instructions and verdict forms must be filed 5 days before Final Pretrial Conference; non-compliant party's opponent must file unilateral set unless waiving jury trial, and disputed instructions must be filed in agreed/plaintiff-opposed/defendant-opposed order.
Unless otherwise ordered by the Court, all proposed jury instructions and verdict forms are to be filed no later than five (5) days prior to the Final Pretrial Conference date. If one party fails to comply with the provisions of this section, the other party must file a unilateral set of jury instructions, unless that party wishes to waive jury trial. In the event that agreement cannot be reached, counsel will file proposed instructions in the following format: (1) the agreed-upon instructions; (2) the instructions proposed by plaintiff and opposed by defendant; and (3) the instructions proposed by defendant and opposed by plaintiff.
Page 8 | 4. Jury Instructions and Verdict Forms
Joint exhibit lists must be filed no later than 5 court days before the Final Pretrial Conference.
The joint exhibit list will be filed no later than five (5) court days prior to the Final Pretrial Conference and shall contain the information required by Rule 26(a)(3)(A) of the Federal Rules of Civil Procedure.
Page 10 | II. TRIAL PREPARATION AND DEADLINES
Case-specific glossaries must be filed no later than 5 court days before the Final Pretrial Conference.
No later than five (5) court days before the Final Pretrial Conference, the parties are to file a case-specific glossary for the Court and reporter that includes applicable medical, scientific, or technical terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/entities involved in the case, names of people interviewed/deposed, names of family members, friends, or others who might be mentioned, and other case-specific terminology.
Page 10 | II. TRIAL PREPARATION AND DEADLINES
Mandatory Exhibit Conference at 1:30 PM Monday before trial unless court orders otherwise; exhibits due to CRD at conference.
An exhibit conference requiring the attendance of trial counsel will be held at 1:30 p.m. on the Monday of the week before the scheduled trial date unless the Court orders otherwise. Exhibits are to be submitted to the CRD at the time of this conference.
Page 12 | Exhibit Conference
Special voir dire questions may be filed optionally by 5 court days before Final Pretrial Conference.
No later than five (5) court days before the Final Pretrial Conference, each counsel may, but is not required to, file any special questions requested to be put to prospective jurors during voir dire.
Page 12 | Jury Selection > Voir Dire
Service and Proof of Service Rules
Written discovery must be served early enough to allow motions on deficient responses before the discovery cut-off date.
All interrogatories, requests for production of documents, and requests for admissions must be served sufficiently in advance of the discovery cut-off date to permit the discovering party enough time to challenge (via motion practice) responses deemed to be deficient.
Page 3 | 5. Written Discovery
Plaintiff must serve proposed jury instructions and verdict forms 14 days before Local Rule 16-2 meeting; defense must serve objections within 7 days, and all counsel must attempt to agree on instructions before/at the meeting.
At least 14 days before the meeting of counsel required by Local Rule 16-2 (which must occur at least 40 days before the date set for the Final Pretrial Conference), counsel for plaintiff(s) must serve on defense counsel proposed jury instructions and proposed verdict/special verdict forms. Within seven (7) days, defense counsel must serve objections, if any, to those instructions and verdict forms, as well as any proposed alternative or additional instructions and verdict forms. Before or at the Rule 16-2 meeting, counsel must attempt to come to agreement on the proposed jury instructions and verdict forms.
Page 7 | 4. Jury Instructions and Verdict Forms
Pre-Motion Conference Requirements
Informal discovery conference required before filing discovery motions, unless movant obtains ex parte leave of court.
Pursuant to this Court’s procedures, no discovery motion may be filed until the Court has conducted an informal discovery conference unless the movant has obtained leave of Court sought by an ex parte application.
Page 2 | I. DEADLINES, B. DISCOVERY AND DISCOVERY CUT-OFF, 3. Discovery Motions
Counsel must meet and confer per Local Rule 7-3 before filing motions in limine.
Counsel are to meet and confer as required by Local Rule 7-3 to determine whether opposing counsel intends to introduce the disputed evidence, and to attempt to reach an agreement that would obviate the motion.
Page 5 | II. TRIAL PREPARATION AND DEADLINES A. MOTIONS IN LIMINE
Parties must request leave to file more than four motions in limine.
Each side is limited to four motions in limine unless the Court orders otherwise for good cause shown. A party seeking to file more than four motions in limine must request leave of the Court to do so.
Page 5 | II. TRIAL PREPARATION AND DEADLINES A. MOTIONS IN LIMINE
Parties must meet and confer to prepare the joint exhibit list and stipulate to foundation and admissibility as much as possible.
The parties are to meet and confer sufficiently in advance of the required filing deadline to prepare the joint exhibit list. As part of the meet and confer process, counsel will 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.
Page 10 | II. TRIAL PREPARATION AND DEADLINES
Chambers Communication Rules
Counsel must immediately send settlement notifications to the Chambers email address.
In addition, counsel must immediately send a notification of the settlement to the Chambers email box.
Page 4 | E. ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES/NOTICE OF SETTLEMENT
Counsel must email Microsoft Word versions of (Proposed) Findings of Fact and Conclusions of Law to chambers at pdchambers@cacd.uscourts.gov.
In addition to filing, counsel must email Microsoft Word versions of their (Proposed) Findings of Fact and Conclusions of Law to the chambers email address: pdchambers@cacd.uscourts.gov.
Page 7 | Trials only