What must be included with proposed findings conclusions filings in Central District of California?

Judge Anne Hwang: Fourteen days before trial, each counsel must file and serve a copy of the opposing party's proposed findings marked with strike-through for disputed portions, bold for admitted portions, and underline for admitted-but-irrelevant portions. Judge Fernando L. Aenlle-Rocha: The rule requires judge name, case number, and statement of facts. Proposed Findings of Fact and Conclusions of Law must be filed 28 days before FPTC in LR 52-3 format. Judge Cynthia Valenzuela: The rule requires judge name, case number, table of contents, and statement of facts. Proposed Findings of Fact and Conclusions of Law due 28 days before FPTC.

What must be included with jury instructions filings in Central District of California?

Judge Cynthia Valenzuela: The rule requires disputed instructions and joint agreed upon proposed. Structured timeline for jury instruction meet-and-confer process. Judge Anne Hwang: The rule requires clean version, redlined version, legal basis for disputes, and modifications documentation. Parties must file clean and redlined versions of jury instructions with modifications and legal basis for disputes. Judge Fernando L. Aenlle-Rocha: The rule requires judge name. Parties must file clean and redline sets of jury instructions with disputed language and basis.

What must be included with proposed verdict form filings in Central District of California?

Judge Anne Hwang: The rule requires proposed order. Proposed joint verdict form must be filed 14 days before FPTC. Judge David O. Carter: The rule requires judge name and case number. Proposed verdict forms due 7 days before trial. Judge Kenly Kiya Kato: The parties must submit proposed verdict forms and, if they cannot agree, jointly submit them with redlines identifying disputed language.

Central District of California Filing Requirements

Q: What must be included with general filings in Central District of California?

Judge Cynthia Valenzuela: All parties must be familiar with FRCP, Local Rules, and Court's standing orders. Judge David O. Carter: Counsel should list their email addresses and phone numbers on their papers in order to facilitate communication by the Courtroom Deputy Clerk. Judge Anne Hwang: Corporations and entities must be represented by counsel; withdrawal requires advising of dire consequences.

Q: What must be included with discovery filings in Central District of California?

Judge Fernando L. Aenlle-Rocha: The parties must comply fully with the letter and spirit of Fed. R. Civ. P. 26(a) and produce discovery promptly. At the Scheduling Conference, the court will impose deadlines governing the completion of discovery. Judge Dale S. Fischer: The rule requires brady disclosure, government informant disclosure, and electronic surveillance disclosure. Counsel shall comply promptly with discovery and notice pursuant to Rules 12, 12.1, 12.2, 12.3, 12.4, 15, and 16 of the Federal Rules of Criminal Procedure. On government counsel’s discovery of any evidence within the scope of Brady v. Maryland, 373 U.S. 83 (1963), and related cases, such evidence shall be produced forthwith to defense counsel. Judge John A. Kronstadt: Government must produce discovery within 7 days of PIA Hearing, including electronic surveillance evidence and Brady material.

Q: What must be included with joint appendix of objections filings in Central District of California?

Judge Cynthia Valenzuela: JAO must be a single separate document with a three-column table of evidentiary objections. Judge Anne Hwang: Evidentiary objections must be submitted in a single, separate Joint Appendix of Objections presented in a four-column table accompanying the Joint Brief. Judge Wesley L. Hsu: Objections must be presented in a single, separate document with a four-column table format.

CRITICALCivil cases

Applies to: Motion to amend
Must include: proposed changes, serial numbering, page line numbers +1 more

Motions to amend must state effect, identify changes by page/line, and be serially numbered.

In addition to the requirements of Local Rule 15-1, all motions to amend pleadings shall: (1) state the effect of the amendment and (2) identify the page and line number(s) and wording of any proposed change or addition of material. The proposed amended pleading shall be serially numbered to differentiate it from previously amended pleadings.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Sealed document

Documents filed under seal must be linked to the court order granting permission.

Any document filed under seal must also be linked to the court order granting permission to so file. See L.R. 79-5.2.2 (c) (eff. 12/1/15).

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Sealed declaration

Protective order declarations must use "Sealed Declaration in Support" event.

Note that, if you are the party that has designated a document confidential pursuant to a protective order, L.R. 79-5.2.2(b)(i) requires you to file a Declaration explaining why the documents should be filed under seal. You should use the "Sealed Declaration in Support" event to file this declaration.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Motion to amend

Counsel must e-file a Notice of Lodging and attach the proposed amended pleading as a separate document from the motion.

Counsel shall electronically file a “Notice of Lodging,” attaching the proposed amended pleading as a document separate from the motion,

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Standing order
Must include: certificate of service

Plaintiff's counsel must serve this order on all parties; if removed, removing defendant must serve.

COUNSEL FOR PLAINTIFFS SHALL SERVE THIS ORDER IMMEDIATELY ON ALL PARTIES AND/OR THEIR COUNSEL, INCLUDING ANY NEW PARTIES TO THE ACTION. IF THIS CASE WAS REMOVED FROM STATE COURT, DEFENDANT WHO REMOVED THE CASE SHALL SERVE THIS ORDER ON ALL OTHER PARTIES.

Chief Judge Dolly M. Gee

CRITICALCriminal cases

Applies to: Jury instructions
Must include: supporting authority, response to objection

Proposing party must respond to objections with supporting authority.

On the following page, the party proposing the disputed instruction shall briefly state its response to the objection, and any authority in support of the instruction.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Scheduling meeting report
Must include: jointly signed

Joint report must address discovery plan, motion schedule, settlement efforts, and trial timing.

Items which must be addressed are the following: (1) initial disclosures, preservation of discoverable information, and a discovery plan, including a listing and proposed schedule of written discovery, depositions, and a proposed discovery cut-off date; (2) a listing and proposed schedule of law and motion matters, and a proposed dispositive motion cut-off date; (3) a statement of what efforts have been made to settle or resolve the case to date and what settlement procedure is recommended pursuant to Local Rule 16-15.4 (specifically excluding any statement of the terms discussed); (4) an estimated length of trial and a proposed date for the final pretrial conference and for trial;

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Summary judgment reply response

A moving party must file a reply response that restates each fact and indicates whether it is disputed, with no further response needed for undisputed facts.

With its Reply, the moving party shall file a Response to the Statement of Genuine Disputes of Material Fact and Additional Material Facts. For each fact, the Response shall restate the allegedly undisputed fact and state whether the fact is disputed or undisputed by the opposing party. If the fact is undisputed, no further response is required.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Order

Plaintiff's counsel must immediately serve this Order on all parties, including new parties.

Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Joint scheduling report

Joint Scheduling Report must comply with Fed. R. Civ. P. 16, 26(f), and this Order; non-compliance may result in continuance and sanctions.

The report to the Court as to the above items should be preceded by a thorough and frank discussion among the attorneys for the parties. A Joint Scheduling Report which does not comply with Fed. R. Civ. P. 16, 26(f), and this Order may cause continuance of the Scheduling Conference and a possible award of sanctions under Rule 16(f) against the party or parties responsible.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Sealed document
Must include: chambers copy, proposed order

Mandatory Chambers Copies & Proposed Orders

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Complaint
Must include: proof of service

Plaintiff must serve complaint under FRCP 4 and file proof of service; unserved defendants dismissed without prejudice.

Plaintiff shall promptly serve the complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Local Rule 5-3.1. Any defendant not timely served under Fed. R. Civ. P. 4(m) shall be dismissed from the action without prejudice.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Ex parte application

Ex parte applications must conform to Local Rules 7-19 and 7-19.1 or will not be considered

Ex parte applications that fail to conform to Local Rule 7-19 and 7-19.1, including a statement of opposing counsel’s position, will not be considered except on a specific showing of good cause.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Motion to amend
Must include: notice of lodging, redlined version appendix, proposed amended pleading separate

Notice of Lodging required with proposed amended pleading and redlined version as appendix.

Counsel shall electronically file a “Notice of Lodging,” attaching the proposed amended pleading as a document separate from the motion, and shall attach as an appendix to the moving papers a “redlined” version of the proposed amended pleading indicating all additions and deletions of material.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Ex parte application

Opposing papers must be e-filed within 24 hours of ex parte service

Following service of the ex parte papers by electronic service, fax, or personal service, the moving party shall notify the opposition that opposing papers must be e-filed no later than twenty-four (24) hours following service.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Discovery motion
Must include: caption

All discovery matters referred to Magistrate Judge; include 'DISCOVERY MATTER' in caption.

All discovery matters have been referred to the assigned United States Magistrate Judge, who will hear all discovery disputes. The Magistrate Judge's initials follow the District Judge's initials next to the case number. All discovery-related documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Statement of genuine disputes of material fact

If disputing only part of a fact statement, the opposing party must identify the disputed part and provide a brief citation to controverting evidence.

The opposing party may dispute all or only a portion of the statement, but if disputing only a portion, it must clearly indicate what part is being disputed, followed by a brief citation to the opposing party’s evidence controverting the fact.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Summary judgment reply response

The response must include all asserted facts and cited evidence, and parties must not repeat evidence descriptions or citations already provided.

All facts asserted by either party, whether disputed or undisputed, and all supporting evidence cited, shall be included in the Response. DO NOT REPEAT DESCRIPTIONS OF AND CITATIONS TO THE EVIDENCE. If you have already described and cited the evidence once, simply refer to the earlier citation succinctly (e.g., See supra, Fact # 1).

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Ex parte application

Ex parte applications must comply with Local Rules 7-19/7-19.1 and include opposing counsel’s position unless specific good cause is shown.

Ex parte applications that fail to conform to Local Rule 7-19 and 7-19.1, including a statement of opposing counsel’s position, will not be considered except on a specific showing of good cause.

Chief Judge Dolly M. Gee

CRITICALCriminal cases

Applies to: Jury instructions
Must include: title, source, index page +2 more

Index page required for jury instructions with specific details.

An index page shall accompany all jury instructions 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.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Statement of genuine disputes of material fact

To show a factual dispute, the opposing party must explain why, cite relevant evidence, and describe how that evidence refutes the asserted fact.

To demonstrate that a fact is disputed, the opposing party must briefly state why it disputes the moving party’s asserted fact, cite to the relevant exhibit or other piece of evidence, and describe what it is in that exhibit or evidence that refutes the asserted fact.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Continuance or extension request
Must include: proposed order

Continuance/extension requests must be filed by stipulation and include a proposed order with a detailed declaration of grounds.

Counsel requesting a continuance or extension of time must electronically file a stipulation and lodge a proposed order including a detailed declaration of the grounds for the requested continuance or extension of time.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Scheduling meeting report
Must include: jointly signed

Counsel must meet 21 days before scheduling conference and submit joint report 14 days before.

Counsel shall meet at least twenty-one (21) days in advance of the Scheduling Conference to prepare a jointly signed report for the court to be submitted no less than fourteen (14) days before the Scheduling Conference.

Chief Judge Dolly M. Gee

CRITICALCriminal cases

Applies to: Jury instructions
Must include: joint submission

Joint jury instructions and verdict form must be submitted.

The parties must submit JOINT jury instructions and a JOINT proposed verdict form.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Ex parte application

Ex parte applications must be electronically served if possible; service complete upon e-filing

The moving party shall electronically serve the opposing party, if possible. A party is considered served once the ex parte application has been e-filed (all parties set up for electronic service are sent a notification of ECF filing each time a document is e-filed with a link to the document

Chief Judge Dolly M. Gee

CRITICALCriminal cases

Applies to: Proposed order

Proposed order must include an alternative signature line with options for return of documents.

Proposed order shall have an alternative signature line in case it's denied: (Add an option below for return of documents) 1. Attorney shall retrieve the chambers copy of the document(s); or, 2. Clerk destroys the chambers copy of the document(s).

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Motion
Must include: proposed order

Any party filing or opposing a motion must serve and electronically lodge a proposed order stating requested relief and a brief cited rationale.

Each party filing or opposing a motion or seeking the determination of any matter shall serve and electronically lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations.

Chief Judge Dolly M. Gee

CRITICALCriminal cases

Applies to: Jury instructions
Must include: citation, full text, numbering

Each jury instruction must be numbered and cited on separate page.

Each requested jury instruction shall be numbered and set forth in full on a separate page, citing the authority or source of the requested instruction.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Motion to amend

Moving papers must include an appendix with a redlined proposed amended pleading showing all additions and deletions.

and shall attach as an appendix to the moving papers a “redlined” version of the proposed amended pleading indicating all additions and deletions of material.

Chief Judge Dolly M. Gee

CRITICALCriminal cases

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

Disputed jury instructions must be submitted at least one week before trial.

Where the parties cannot agree, disputed instructions shall be submitted at least one week before trial as follows: (1) JOINT jury instructions (those instructions agreed to by all parties), and (2) DISPUTED jury instructions (those instructions propounded by a party to which another party objects).

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Statement of genuine disputes
Must include: cite relevant evidence, state reason for dispute, describe evidence refutation

To dispute a fact, must state reason, cite evidence, and describe how evidence refutes the fact.

To demonstrate that a fact is disputed, the opposing party must briefly state why it disputes the moving party’s asserted fact, cite to the relevant exhibit or other piece of evidence, and describe what it is in that exhibit or evidence that refutes the asserted fact.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Application for leave to file under seal
Must include: declaration, proposed order, redacted documents +1 more

Application for Leave to File Under Seal requires declaration, proposed order, redacted and unredacted documents.

Local Rule 79-5.2.2 requires that certain documents be filed with the Application: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of any documents proposed to be filed under seal.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Discovery related document
Must include: caption

Discovery-related documents must include “DISCOVERY MATTER” in the caption.

All discovery-related documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Proof of service
Must include: certificate of service

Plaintiff must promptly serve the complaint and file proof of service.

Plaintiff shall promptly serve the complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Local Rule 5-3.1.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Sealed document
Must include: proposed order

Proposed orders must be emailed to chambers; sealed documents require sealed envelopes with title page.

A Word Perfect or Microsoft Word version of the proposed order must be emailed to chambers as required by L.R. 5-4.4.2, and mandatory chambers copies of e-filed sealed documents must be provided to chambers pursuant to L.R. 5-4.5, just as with any e-filed documents. However, mandatory chambers copies must be provided in sealed envelopes, with a copy of the title page attached to the front of each envelope. L.R. 79-5.2.2(a).

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Sealed document
Must include: caption

Document caption must be entered in a free text field and must not contain confidential information.

On the next screen, enter the document caption in the free text field. Remember that this text will be publicly visible, so do not include confidential information here. Click “Next.”

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Separate statement of uncontroverted facts

In the separate statement, the left column must contain each allegedly undisputed fact and the right column must cite supporting evidence.

The left-hand column sets forth the allegedly undisputed fact. The right-hand column sets forth the evidence that supports the factual statement.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Application for leave to file under seal
Must include: declaration, proposed order, redacted documents +1 more

Application for Leave to File Under Seal must include declaration, proposed order, redacted and unredacted documents.

Your Application must be accompanied by: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of the documents proposed to be filed under seal. L.R. 79-5.2.2(a)-(b) (eff. 12/1/15).

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Statement of genuine disputes of material fact

In the opposing statement, the left column must restate each asserted fact and the right column must mark it as undisputed or disputed.

The left- hand column must restate the allegedly undisputed fact, and the right hand column must state either that it is undisputed or disputed.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Scheduling meeting report
Must include: jointly signed

Joint report must include items from Fed. R. Civ. P. 26(f), 16(b)(1)-(6), and 16(c).

The joint report to be submitted shall contain the items listed in Fed. R. Civ. P. 26(f), the parties’ recommendations and agreements, if any, about the final scheduling order as listed in Fed. R. Civ. P. 16(b)(1) through (6), and those items listed in Fed. R. Civ. P. 16(c) which counsel believe will be useful to discuss at the Scheduling Conference.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Motion
Must include: proposed order

Proposed order required for all motions, emailed to chambers in Word/WordPerfect format on filing day.

Each party filing or opposing a motion or seeking the determination of any matter shall serve and electronically lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. In addition, a copy of the Proposed Order in Word or WordPerfect format shall be emailed to Judge Gee’s generic chambers e-mail address using the CM/ECF System on the day the document is e-filed.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Motion for summary judgment
Must include: one motion per side, hearing before final pretrial conference

Summary judgment motions can be filed anytime before final pretrial conference; one per side allowed.

Parties need not wait until the motion cutoff to bring motions for summary judgment or partial summary judgment. The hearing on any such motion shall be set for a date in advance of the Final Pretrial Conference. Each side may bring one motion for summary judgment or partial summary judgment.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Motion to amend

Motions to amend must explain the amendment’s effect and specify page/line and wording of each proposed change or addition.

In addition to the requirements of Local Rule 15-1, all motions to amend pleadings shall: (1) state the effect of the amendment and (2) identify the page and line number(s) and wording of any proposed change or addition of material.

Chief Judge Dolly M. Gee

CRITICALCriminal cases

Applies to: Jury instructions
Must include: objection basis, supporting authority, alternative instruction

Opposing party must state basis for objection to disputed instructions.

On a separate page following each disputed jury instruction, the party opposing the instruction shall briefly state the basis for the objection, any authority in support thereof and, if applicable, an alternative instruction.

Chief Judge Dolly M. Gee

CRITICALCivil cases

Applies to: Ex parte application

Reply papers for ex parte applications are not permitted without leave of Court.

Absent leave of Court, the Court will not consider reply papers in support of an ex parte application.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Notice of motion
Must include: local rule certificate

Motion must include prominent statement of compliance with Local Rule 7-3.

A Notice of Motion must include a statement of compliance with Local Rule 7-3. The statement of compliance must be prominent, as the Court will not search a filing for the statement.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Summary judgment motion
Must include: proposed order

No party may file more than one Rule 56 motion without leave of court.

No party may, without leave of Court, file more than one motion under Fed. R. Civ. P. 56, regardless of whether such motion is denominated a motion for

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Motion

Blanket or boilerplate objections to opponent's evidence will be disregarded.

Do not submit blanket or boilerplate objections to an opponent’s evidence. They will be disregarded.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Motion

Evidence must be filed by stipulation or as exhibits to declarations, not attached to the memorandum.

Evidence must be filed either by stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence, and must not be attached to the memorandum.

Judge Andr Birotte Jr

CRITICALCivil cases

Lead counsel must appear for scheduling and final pretrial conferences.

The Court requires lead counsel to appear for scheduling conferences and the Final Pretrial Conference.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Motion for default judgment
Must include: proposed order

Motions for default judgment must include evidence and proposed order addressing specific requirements.

Motions for default judgment under Fed. R. Civ. P. 55(b) must be supported by evidence and must be accompanied by a full proposed Order addressing the procedural requirements of Local Rule 55-1 and the factors set forth in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). Motions omitting any of these will be denied.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Standing order
Must include: service on all parties

Order must be served on all parties by plaintiff or removing defendant

Counsel for plaintiff (or plaintiff, if appearing pro se) must immediately serve this Order on all parties, including any new parties to the action. If this case was removed to this Court from state court, the removing defendant(s) must serve this Order on all other parties.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Motion to amend
Must include: proposed order

Motions to amend must comply with Local Rule 15-1 and include specific requirements.

motions to amend pleadings must comply with Local Rule 15-1, and must:(1) state the effect of the proposed amendment; (2) be serially numbered to differentiate the amendment from previous amendments; (3) state the page and line number(s) and wording of any proposed change or addition of material; and (4) include as an attachment a redlined version of the proposed amended pleading indicating all additions and deletions of material.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Injunction application
Must include: compliance with local rule 65, compliance with fed r civ p 65

Preliminary or emergency injunctive relief must comply with Fed. R. Civ. P. 65 and Local Rule 65.

Parties seeking preliminary or emergency injunctive relief must comply with Fed. R. Civ. P. 65 and Local Rule 65.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Summary judgment motion
Must include: proposed order

Summary judgment motions must comply with Local Rule 56.

Summary Judgment/Rule 56 Motions must comply with Local Rule 56, which was substantially revised on June 1, 2023.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Bankruptcy appeal
Must include: compliance with notice regarding appeal

Bankruptcy appeals must comply with the Notice Regarding Appeal from Bankruptcy Court.

Counsel must comply with the Notice Regarding Appeal from Bankruptcy Court issued at the time the appeal is filed in the District Court.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: All
Must include: fax number, email address, telephone number

Counsel must include contact info on all papers

Counsel must include on all papers their email address, telephone number, and fax number to facilitate communication with the CRD.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Summary judgment motion

Court will not hear summary judgment motions in ERISA cases without an agreed statement of facts.

Absent an agreed upon statement of facts, the court will not hear motions for summary judgment.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Motion
Must include: proposed order

A party seeking any court order on any matter must include with their filing a Proposed Order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. See Local Rules 7-20, 52-4.1. A Proposed Order template is available on Judge Birotte’s webpage. Proposed Orders should substantially comply with the template’s format. Proposed Orders must be on pleading paper and must not include attorney information on the caption page, a footer, a watermark, or any text after the lines for the Judge’s signature on the last page.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Motion
Must include: statement of uncontroverted facts

Rule 56 motions require Statement of Uncontroverted Facts, Statement of Genuine Disputes, and Response to Statement of Genuine Disputes, all complying with Local Rule 56 format.

Local Rule 56 was substantially revised on June 1, 2023 to require as follows: A party moving under Fed. R. Civ. P. 56 must file with the motion a Statement of Uncontroverted Facts, the opposing party must file a Statement of Genuine Disputes, and the moving party must file a Response to Statement of Genuine Disputes. The parties MUST file these documents, and the documents MUST comply with the format set forth in Local Rule 56. The Court may disregard non-compliant filings.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Motion

Only file specific evidence with brackets marking relevant portions; unmarked transcripts will be disregarded.

A party must file only the specific evidence necessary to support or controvert a proposed undisputed fact. Counsel must use brackets to mark the relevant portions of transcripts. The Court will disregard unmarked transcripts.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Ex parte application
Must include: statement of opposing counsel position

Ex parte applications must conform to Local Rules 7-19 and 7-19.1 or will not be considered.

Applications that do not conform with Local Rules 7-19 and 7-19.1, such as by omitting a statement of opposing counsel’s position, will not be considered.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Various
Must include: template following

Must use Court-provided templates for specified filings

The Court’s Standing Order, Order Setting Scheduling Conference, Schedule of Pretrial and Trial Dates Worksheet, Order Re: Jury/Court Trial, and templates for Proposed Orders and the Proposed Final Pretrial Conference Order and certain trial filings are available on Judge Birotte’s webpage. If the Court has provided a template for any filing, the parties must follow it.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Ex parte application
Must include: service by fax, service by email, service by personal service

Ex parte applications must be served by email, fax, or personal service in addition to Local Rule 5-3.

Service must be made in compliance with Local Rule 5-3, and the moving party must also serve the nonmoving party by email, fax, or personal service.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Evidence

Marking Evidence: Parties must mark evidence they file in connection with any motion or other proceeding so that the Court can readily identify the portion the party wants the Court to consider. For example, use brackets in the margins of transcripts to denote the cited portions.

Judge Andr Birotte Jr

CRITICALCivil cases

Applies to: Complaint

Complaints must list all causes of action on face-page in numbered list.

the Complaint must state the title of all of its causes of action in a numbered list below the case number. If the initial Complaint lacks this list, it need not be re-filed, but amended Complaints must include this list.

Judge Andr Birotte Jr

CRITICAL

Applies to: Notice of motion
Must include: local rule certificate

A Notice of Motion must include a prominent statement of compliance with Local Rule 7-3, or the motion may be struck or denied.

A Notice of Motion must include a statement of compliance with Local Rule 7-3. The statement of compliance must be prominent, as the Court will not search a filing for the statement. The Court may strike or outright deny a motion that lacks a prominent statement of compliance with Local Rule 7-3, or if counsel fail to meet and confer in good faith.

Judge André Birotte Jr.

CRITICAL

Applies to: Motion
Must include: proposed order

Motions for Default Judgment must include complete proposed orders.

Notice of Supplemental Authority, Marking Evidence, Pending Dispositive Motions; Motions for Default Judgment require complete proposed Orders.

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Motion for default judgment
Must include: evidence, proposed order

Motions for default judgment must include evidence and a full proposed order addressing Local Rule 55-1 and Eitel factors.

Motions for default judgment under Fed. R. Civ. P. 55(b) must be supported by evidence and must be accompanied by a full proposed Order addressing the procedural requirements of Local Rule 55-1 and the factors set forth in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). Motions omitting any of these will be denied.

Judge André Birotte Jr.

CRITICAL

Applies to: Exhibits

Entire deposition transcripts, entire sets of interrogatory responses, and non-supporting documents must not be filed.

Entire deposition transcripts, entire sets of interrogatory responses, and documents that do not specifically support or controvert material in the separate statement must not be filed.

Judge André Birotte Jr.

CRITICALCriminal cases

Applies to: Application to seal

Sealing must be justified individually; blanket claims are not allowed and may result in denial; meritless requests may lead to complete rejection.

Sealing must be justified for each individual item to be sealed or redacted; blanket claims of confidentiality are not allowed and will result in a denial of the application to seal. Counsel is strongly encouraged to consider carefully whether sealing or redaction is required for a given piece of evidence or argument. The inclusion of clearly meritless requests to seal or redact documents may result in the complete rejection of an application to seal.

Judge André Birotte Jr.

CRITICALCriminal cases

Applies to: Proposed order
Must include: proposed order

Proposed order must include alternative signature line with instructions for denied sealing request.

Proposed order shall have an alternative signature line in case it's denied: 1. Counsel shall publically file the document(s), if the party wants the Court to consider the document(s); (Add an option below for return of documents) 2. Attorney shall retrieve the chambers copy of the document(s); or, 3. Clerk destroys the chambers copy of the document(s).

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Motion to amend

Motions to amend must comply with Local Rule 15-1 and include specific requirements.

All motions to amend pleadings must comply with Local Rule 15-1, and must:(1) state the effect of the proposed amendment; (2) be serially numbered to differentiate the amendment from previous amendments; (3) state the page and line number(s) and wording of any proposed change or addition of material; and (4) include as an attachment a redlined version of the proposed amended pleading indicating all additions and deletions of material.

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Summary judgment motion
Must include: statement of genuine disputes, statement of uncontroverted facts, response to statement of genuine disputes

Local Rule 56 requires Statement of Uncontroverted Facts, Statement of Genuine Disputes, and Response to Statement of Genuine Disputes for summary judgment motions.

Local Rule 56 was substantially revised on June 1, 2023 to require as follows: A party moving under Fed. R. Civ. P. 56 must file with the motion a Statement of Uncontroverted Facts, the opposing party must file a Statement of Genuine Disputes, and the moving party must file a Response to Statement of Genuine Disputes. The parties MUST file these documents, and the documents MUST comply with the format set forth in Local Rule 56. The Court may disregard non-compliant filings.

Judge André Birotte Jr.

CRITICAL

Applies to: Ex parte application

Ex parte applications must conform with Local Rules 7-19 and 7-19.1, including a statement of opposing counsel's position, or they will not be considered.

Applications that do not conform with Local Rules 7-19 and 7-19.1, such as by omitting a statement of opposing counsel’s position, will not be considered.

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: All
Must include: fax number, phone number, email address

All filings must include counsel's contact information.

Counsel must include on all papers their email address, telephone number, and fax number to facilitate communication with the CRD.

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Joint rule 26f report

Joint Rule 26(f) Report must indicate the parties' preferred ADR procedure.

The parties must also indicate their preferred ADR Procedure.

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Joint rule 26f report

Joint Rule 26(f) Report must include a completed Schedule of Pretrial and Trial Dates Worksheet.

Complete this Worksheet and include it with your Joint Rule 26(f) Report. The parties MUST file a completed Worksheet with their Joint Rule 26(f) Report.

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Proposed order
Must include: proposed order

A party seeking any court order on any matter must include with their filing a Proposed Order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. See Local Rules 7-20, 52-4.1. A Proposed Order template is available on Judge Birotte’s webpage. Proposed Orders should substantially comply with the template’s format. Proposed Orders must be on pleading paper and must not include attorney information on the caption page, a footer, a watermark, or any text after the lines for the Judge’s signature on the last page.

Judge André Birotte Jr.

CRITICAL

Applies to: Evidence

Evidence must be filed by stipulation or as exhibits to authenticating declarations, not attached to the memorandum.

Evidence must be filed either by stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence, and must not be attached to the memorandum.

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Jury instruction

Proposed jury instructions must include an index with instruction number, title, source, and page number.

Index: The Proposed Instructions must have an index that includes the following for each instruction, as illustrated in the example below:  the number of the instruction;  the title of the instruction;  the source of the instruction and any relevant case citations; and  the page number of the instruction.

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Jury instruction
Must include: citation, numbered, complete text +3 more

Requested jury instructions must cite source, be complete, on separate pages, numbered, cover one subject, and not repeat other instructions.

Format: 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. If a standard instruction has blanks or offers options (i.e. “he/she”), the parties must fill in the blanks or make the appropriate selections in their proposed instructions so that the proposed instruction is ready to use as-is.

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Pretrial documents

Most pretrial documents must be emailed as Microsoft Word files to chambers.

Except for motions in limine, oppositions, the Joint Status Report Regarding Settlement, and Declarations containing direct testimony, Counsel must email Microsoft Word files of all of the below pretrial documents, including any amended documents, to chambers at AB_Chambers@cacd.uscourts.gov .

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Application for leave to file under seal
Must include: proposed order

Application for Leave to File Under Seal must be accompanied by a declaration, proposed order, redacted versions (if partial sealing), and unredacted versions.

Electronically filing an Application for Leave to File Under Seal is a two-step process. Local Rule 79-5.2.2 requires that certain documents be filed with the Application: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of any documents proposed to be filed under seal.

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Joint rule 26f report

Joint Rule 26(f) Report must include a realistic trial estimate; if over 4 court days, counsel must discuss basis in detail.

A realistic estimate, in days, of the court time required for trial and whether trial will be by jury or by court. If the time estimate for trial given in the Joint Rule 26(f) Report exceeds four court days, counsel must be prepared to discuss in detail the basis for the estimate.

Judge André Birotte Jr.

CRITICAL

Applies to: Motion

Summary judgment / Rule 56 motions must comply with Local Rule 56.

Summary Judgment / Rule 56 Motions must comply with Local Rule 56, which was substantially revised as of June 1, 2023; clarification about cross-motions.

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Statement of case
Must include: joint proposed

Joint Proposed Statement of the Case due 14 days before FPTC; must be brief neutral statement, no more than one page.

The parties must file a Joint Proposed Statement of the Case by 2 weeks (14 days) before the FPTC. This is the statement the Court will read to the panel of prospective jurors before commencement of voir dire. This should be a brief neutral statement, no more than one page long.

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Summary judgment motion

Summary judgment motions must comply with Local Rule 56 (revised June 1, 2023).

Summary Judgment/Rule 56 Motions must comply with Local Rule 56, which was substantially revised on June 1, 2023.

Judge André Birotte Jr.

CRITICALCriminal cases

Applies to: Application to seal

Party seeking sealing must provide factual or legal justification for good cause or compelling reasons for each document.

There is a strong presumption of access in civil cases. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For each document or other type of information sought to be filed under seal, the party seeking protection must identify and discuss the factual or legal justification for the Court to find "good cause" or "compelling reasons," as appropriate, that such document or type of information should be protected. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1179-80 (9th Cir. 2006).

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Joint rule 26f report

Joint Rule 26(f) Report must include a statement of settlement discussions held to date.

The parties MUST include a statement of what settlement discussions have occurred to date (excluding any statement of the terms discussed).

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Pretrial documents

Pretrial documents have specific filing deadlines.

The schedule for filing pretrial documents is as follows:

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Proposed final pretrial conference order

Proposed FPTCO must be emailed to chambers as Microsoft Word file.

The parties must email a Microsoft Word file of the Proposed FPTCO to chambers at AB_Chambers@cacd.uscourts.gov

Judge André Birotte Jr.

CRITICAL

Applies to: Complaint

Complaints must include a numbered list of all causes of action on the face-page.

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Verdict form
Must include: joint proposed

Joint Proposed Verdict Form due 14 days before FPTC; if parties disagree, file Competing Proposed Verdict Forms with redlines and legal basis.

The parties must file a Joint Proposed Verdict Form no later than 2 weeks (14 days) before the FPTC. The parties must make every attempt to agree upon a verdict form. If the parties are unable to agree on a verdict form, the parties must file one document titled “Competing Proposed Verdict Forms” which must include: (i) the parties’ respective proposed verdict form; (ii) a “redline” of any disputed language; and (iii) the factual or legal basis for each party’s respective position.

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Proposed order
Must include: proposed order

Proposed order must be emailed to chambers in Word Perfect or Microsoft Word format.

A Word Perfect or Microsoft Word version of the proposed order must be emailed to chambers as required by L.R. 5-4.4.2

Judge André Birotte Jr.

CRITICALCivil cases

Applies to: Application for leave to file under seal
Must include: proposed order

Application for leave to file under seal must include a declaration, proposed order, redacted version, and unredacted version.

Your Application must be accompanied by: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of the documents proposed to be filed under seal.

Judge André Birotte Jr.

CRITICAL

Applies to: Proposed findings conclusions

Fourteen days before trial, each counsel must file and serve a copy of the opposing party's proposed findings marked with strike-through for disputed portions, bold for admitted portions, and underline for admitted-but-irrelevant portions.

Fourteen (14) days before the trial date or by a date ordered by the Court, each counsel shall file with the Court and serve on opposing counsel a copy of the opposing party's proposed findings of fact and conclusions of law, marked as follows: a) Strike through those portions the party disputes; b) Bold those portions the party admits; and c) Underline those portions the party admits but considers irrelevant.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Proposed verdict form
Must include: proposed order

Proposed joint verdict form must be filed 14 days before FPTC.

The parties shall file a proposed joint general or special verdict form fourteen (14) days before the FPTC.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Ex parte application

The Court considers ex parte applications on the papers and does not usually set these matters for a hearing. If a hearing is necessary, the parties will be notified. Ex parte applications are solely for extraordinary relief and should be used with discretion. Any party seeking ex parte relief must comply with Local Rule 7-19.

Judge Anne Hwang

CRITICAL

Applies to: Joint appendix of objections

Evidentiary objections must be submitted in a single, separate Joint Appendix of Objections presented in a four-column table accompanying the Joint Brief.

The Joint Brief shall be accompanied by a separate JAO, if any. In other words, evidentiary objections, if any, shall be made in a single, separate document presented in a four-column table.

Judge Anne Hwang

CRITICAL

Applies to: Document with attachments

Each declaration, exhibit, or other attachment must be separately docketed under the main entry and described.

If a filed or lodged document has declarations, exhibits, or other attachments, each attachment must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration, 29-2 Ex. 1 - License Agreement, 29-3 Request for Judicial Notice).

Judge Anne Hwang

CRITICAL

Applies to: Interrogatory answers compilation

Whenever counsel expects to offer a group of answers to interrogatories or requests for admissions extracted from one (1) or more lengthy discovery responses, counsel should prepare a new document listing each question and answer and identifying the document from which it has been extracted. Copies of this new document must be provided to the Court and the opposing party.

Judge Anne Hwang

CRITICAL

Applies to: Joint brief

The Joint Brief must be accompanied by one table-form Joint Appendix of Facts listing undisputed and disputed facts.

The Joint Brief shall be accompanied by a single statement of undisputed and disputed facts contained in a JAF presented in a table.

Judge Anne Hwang

CRITICAL

Applies to: Joint brief

Declarations must state admissible facts without argument, and evidence must be submitted by stipulation or as authenticated declaration exhibits, not attached to the Joint Brief.

Declarations shall set out admissible facts without any argument, and evidence must be submitted either by stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence and must not be attached to the Joint Brief.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The plaintiff must draft the Report unless the plaintiff is pro se or the parties agree otherwise, and the parties must submit and sign one joint report.

The Report shall be drafted by the plaintiff (unless plaintiff is a pro se litigant or the parties agree otherwise) but shall be submitted and signed jointly. “Jointly” means a single report, regardless of how many separately represented parties exist in the case.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Exhibit
Must include: marshals notification

US Marshals Service must be notified of weapons/contraband.

The United States Marshals Service shall be advised whenever weapons or contraband are to be brought into the courthouse.

Judge Anne Hwang

CRITICAL

Applies to: Competing verdict forms

Competing verdict form submissions must include each party's respective proposed verdict form, a redline of any disputed language, and the factual or legal basis for each party's position if the entire form is disputed.

“Competing Verdict Forms” which shall include: (i) the parties’ respective proposed verdict form; (ii) a “redline” of any disputed language; and (iii) the factual or legal basis for each party’s respective position if the entire form is being disputed.

Judge Anne Hwang

CRITICAL

Applies to: Joint brief
Must include: joint appendix of objections

Evidentiary objections must be made in a single separate JAO document in four-column table format.

The Joint Brief shall be accompanied by a JAO—i.e., evidentiary objections, if any, shall be made in a single, separate document presented in a four-column table.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Discovery production

Government must promptly produce Brady/Giglio/Roviaro/Henthorn evidence to defense counsel.

Counsel shall comply promptly with discovery and notice pursuant to Rules 12, 12.1, 12.2, 12.3, 12.4, 15, and 16. of the Federal Rules of Criminal Procedure. The Government shall promptly produce to counsel for the defendant any evidence falling within the scope of Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), Roviaro v. United States, 353 U.S. 53 (1957) and United States v. Henthorn, 931 F.2d 29 (9th Cir. 1991). 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.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Trial exhibits

Parties must meet and confer 10 days before trial to stipulate to foundation and exhibits

The parties must meet and confer at least ten (10) days before trial to stipulate as much as possible to foundation, waiver of the best evidence rule, and exhibits that may be received into evidence at the start of the trial.

Judge Anne Hwang

CRITICAL

Applies to: Joint appendix of evidence

The JAE must include a table of contents.

The JAE shall include a table of contents.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Proposed findings conclusions
Must include: proposed order

Proposed Findings of Fact and Conclusions of Law must be filed 28 days before FPTC in LR 52-3 format.

For any trial requiring findings of fact and conclusions of law, each party shall file and serve on the opposing party, no later than twenty-eight (28) days before the FPTC, its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3.

Judge Anne Hwang

CRITICAL

Applies to: Continuance request
Must include: proposed order

Every continuance request by motion or stipulation must include a proposed order.

Requests for continuances must be made before the date to be continued and by motion or stipulation, along with a proposed order.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Jury instructions
Must include: clean version, redlined version, legal basis for disputes +1 more

Parties must file clean and redlined versions of jury instructions with modifications and legal basis for disputes.

The parties shall file clean and redlined sets of their (i) Joint Agreed Upon Proposed Jury Instructions and (ii) Disputed Jury Instructions. The redlined sets shall include all modifications made by the parties to pattern or model jury instructions, any disputed language, and the factual or legal basis for each party’s position as to each disputed instruction.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Video exhibit
Must include: admit only played portions

Only portions of video exhibits played to jury may be admitted.

Counsel shall seek admission only of the portions of video exhibits played before the jury.

Judge Anne Hwang

CRITICAL

Applies to: Joint appendix of evidence

Documentary evidence lacking an authenticity stipulation must be accompanied by a declaration or deposition testimony from a witness able to authenticate it.

Documentary evidence for which there is no stipulation regarding authenticity must be accompanied by testimony, either by declaration or deposition transcript, of a witness who can establish authenticity.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report
Must include: case number

Joint Rule 26(f) report must be filed on original due date even if Scheduling Conference is continued.

The parties should plan to file the Joint Rule 26(f) report on the original due date even if a continuance of the Scheduling Conference is granted.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The report must identify lead trial counsel and other trial attorneys; only one lead trial counsel per party is allowed absent Court permission, and if a second is permitted, both must attend the Pretrial Conference.

The name of the attorney who will serve as lead trial counsel, as well as other attorneys who will participate in the trial. Only one (1) attorney for a party may be designated as lead trial counsel unless otherwise permitted by the Court. If a second lead trial counsel is permitted by the Court, both counsel must attend the Pretrial Conference.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Joint exhibit list
Must include: format, reasons for objections, objections to authenticity admissibility

Joint Exhibit List due 28 days before FPTC with objections column

The Joint Exhibit List must be filed at least twenty-eight (28) days before the FPTC. It must be in the format specified in Local Rule 16-6 and shall include an additional column stating any objections to authenticity and/or admissibility and the reasons for the objections.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Joint proposed jury instructions
Must include: joint submission

Joint proposed jury instructions must be filed 14 days before FPTC.

Joint agreed upon proposed jury instructions must be filed no later than fourteen (14) days prior to the FPTC.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Trial procedure
Must include: punctuality required, trial priority required

Punctuality required; trial is priority; no delays or juror inconvenience.

The Court expects the parties, counsel, and witnesses to be punctual. Once the parties and their counsel are engaged in trial, the trial must be their priority. The Court will not delay progress of the trial or inconvenience jurors.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Amended witness list
Format: DOCX

Amended Witness List due noon Friday before trial in Word format

Any Amended Witness List must be filed by 12:00 p.m. (noon) on the Friday before trial and emailed to AH_Chambers@cacd.uscourts.gov in Microsoft Word format.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Glossary
Must include: filing deadline, required content

Parties must file glossary of terms one week before trial.

At least one week before trial, the parties much confer and file a glossary of terms for the court reporter that includes applicable medical, scientific, or technical terms, gang terms, slang, the names and spellings of names likely to be cited, and any other case-specific terminology.

Judge Anne Hwang

CRITICAL

Applies to: Filing
Must include: ai disclosure

Any filing containing generative-AI-generated content must attach a separate declaration disclosing the AI use and certifying that the filer verified the content's accuracy and Rule 11 compliance.

Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Claude) to generate any portion of a brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer's Rule 11 obligations.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The report must provide a realistic estimate in days of trial time, state whether trial will be by jury or the Court, and specify the number (not names) of witnesses each side contemplates calling.

Time Estimate. A realistic estimate, in days, of the court time required for trial and whether trial will be by jury or by the Court. Each side should specify (by number, not by name) how many witnesses it contemplates calling.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The Joint Rule 26(f) Report is drafted by the plaintiff (unless the plaintiff is pro se or the parties agree otherwise) but must be submitted and signed jointly as a single report.

The Report shall be drafted by the plaintiff (unless the plaintiff is a pro se litigant or the parties agree otherwise) but shall be submitted and signed jointly. “Jointly” means a single report, regardless of how many separately represented parties exist in the case.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report
Must include: caption, judge name

Joint Rule 26(f) Report must include specific dates on caption page.

The Joint Rule 26(f) Report shall specify the date of the Mandatory Scheduling Conference on the caption page. Under the title, it shall list the dates of the (1) Original Complaint; (2) Removal (if removed); (3) Responsive Pleading; and (4) Trial (proposed).

Judge Anne Hwang

CRITICALCivil cases

Applies to: Proposed instructions

Proposed jury instructions must include an index with instruction number, title, source/citations, and page number.

The Proposed Instructions must have an index that includes the following for each instruction, as illustrated in the example below: (1) the number of the instruction; (2) the title of the instruction; (3) the source of the instruction and any relevant case citations; and (4) the page number of the instruction.

Judge Anne Hwang

CRITICAL

Applies to: Motion to amend

Motions to amend must be accompanied by an electronically filed Notice of Lodging attaching the proposed amended pleading as a separate document plus a redlined version identifying all additions and deletions as an appendix.

Counsel shall electronically file a “Notice of Lodging” attaching the proposed amended pleading as a document separate from the motion, as well as a “redlined” version of the proposed amended pleading identifying all additions and deletions of material as an appendix to the moving papers.

Judge Anne Hwang

CRITICAL

Applies to: Joint appendix of exhibits

Parties may submit only the specific evidence necessary to support or controvert a proposed statement of undisputed fact (e.g., no entire deposition transcripts when only a portion is relied upon).

No party shall submit evidence other than the specific evidence necessary to support or controvert a proposed statement of undisputed fact. Do not, for example, submit the entire deposition transcripts or an entire set of interrogatory responses when relying on only a portion of such documents.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The Report must state the realistic range of provable damages.

5. Damages. The realistic range of provable damages.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The Report must provide the specific basis for federal jurisdiction and the applicable supporting details, including any jurisdictional disagreements.

2. Subject-Matter Jurisdiction. A statement of the specific basis of federal jurisdiction, including supplemental jurisdiction. For federal question jurisdiction, cite the federal law under which the claim arises. For diversity jurisdiction, state each party’s citizenship and the amount in controversy. State whether the parties agree that federal jurisdiction exists and identify the basis for any disagreements.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Joint statement of case

Joint statement of case must be filed 14 days before final pretrial conference.

Counsel shall file the joint statement of the case no later than 14 calendar days prior to the Final Pretrial Conference.

Judge Anne Hwang

CRITICAL

Applies to: Motion to amend

All motions to amend pleadings must state the amendment's effect, be serially numbered, and identify the page and line numbers and wording of each proposed change.

In addition to the requirements of Local Rule 15-1, all motions to amend pleadings shall: (1) state the effect of the amendment; (2) be serially numbered to differentiate the amendment from previous amendments; and (3) state the page and line number(s) and wording of any proposed change or addition of material.

Judge Anne Hwang

CRITICAL

Applies to: Witness list

The list shall include the witnesses in the order that they are expected to testify and, to the extent possible, an accurate estimate of the time needed for each witness for direct testimony. It shall also include a brief summary of each witness’s testimony. If more than one witness is offered on the same subject, the summary should be sufficiently detailed to allow the Court to determine if the testimony is cumulative.

Judge Anne Hwang

CRITICAL

Applies to: Brief
Must include: joint brief

Joint brief required for summary judgment motions (moving + opposition papers combined).

The parties shall work cooperatively to submit a single Joint Brief, that is including moving and opposition papers, for any summary judgment motion brought by any moving party(ies).

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Competing verdict forms

Competing verdict forms require redline and legal basis for disputes.

If the parties are unable to agree on a verdict form, the parties shall file one document titled “Competing Verdict Forms” which shall include: (i) the parties’ respective proposed verdict form; (ii) a “redline” of any disputed language; and (iii) the factual or legal

Judge Anne Hwang

CRITICALCivil cases

Applies to: Trial preparation

Audio/visual equipment requests must be made to CRD by 4:00 PM Wednesday before trial

counsel shall notify the CRD no later than 4:00 p.m. on the Wednesday before trial so that the necessary arrangements can be made.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Exhibit list
Must include: filing deadline

Exhibit lists must be emailed to chambers by noon Friday before trial.

Not later than 12:00 pm on the Friday before the commencement of trial, the Government and defense counsel shall each email their respective exhibit list in Word to AH_Chambers@cacd.uscourts.gov.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The Report must include a detailed Rule 26(f) discovery plan addressing specified disclosure, scope, phasing, limitation, and court-order issues; vague general statements are unacceptable.

(b) Discovery Plan. A detailed discovery plan, as contemplated by Fed. R. Civ. P. 26(f). State what, if any, changes in the disclosures under Fed. R. Civ. P. 26(a) should be made, the subjects on which discovery may be needed, whether discovery should be conducted in phases or otherwise be limited, whether applicable limitations should be changed or other limitations imposed, and whether the Court should enter other orders. A statement that discovery will be conducted as to all claims and defenses, or other vague description is not acceptable.

Judge Anne Hwang

CRITICAL

Applies to: Joint appendix of evidence

Each JAE exhibit must be bookmarked with its exhibit number and a brief description.

Each exhibit within the JAE must be bookmarked; the bookmark should include the exhibit number and a brief description of the exhibit (e.g., Ex. 1 – Jones Depo. Excerpts).

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26 f report

The Joint Rule 26(f) Report must state the parties’ preference among the listed mediation options.

The parties must state their preference for mediation before: (i) the Magistrate Judge, (ii) the Court Mediation Panel, or (iii) a private mediator (at the parties’ expense).

Judge Anne Hwang

CRITICAL

Applies to: Ex parte application
Must include: service on opposing party, notification of opposing deadline

Moving party must serve opposing party by email/fax/personal service and notify of 48-hour deadline for opposing papers.

The moving party must also serve the opposing party by email, fax, or personal service, and notify that party that opposing papers must be filed not later than forty-eight (48) hours following service or by 3:00 p.m. on the first court day after the service, whichever is later.

Judge Anne Hwang

CRITICAL

Applies to: Pending motion

Pending motions in removed actions must be re-noticed under the Local Rules.

Any pending motions must be re-noticed in accordance with the Local Rules.

Judge Anne Hwang

CRITICAL

Applies to: Joint appendix of exhibits

Evidence supporting or opposing summary judgment must be included in the Joint Appendix of Exhibits (with physical evidence lodged separately) and must not be attached to the memorandum of points and authorities.

Physical evidence (e.g., video recordings) shall be lodged separately. No evidence should be attached to a memorandum of points and authorities or included anywhere other than in the JAE.

Judge Anne Hwang

CRITICAL

Applies to: Ex parte application

Any party seeking ex parte relief must comply with Local Rule 7-19.

Judge Anne Hwang

CRITICAL

Applies to: Attachment
Must include: caption

Attachments must be filed as separately docketed attachments with descriptions

If a filed or lodged document has declarations, exhibits, or other attachments, each attachment must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration, 29-2 Ex. 1

Judge Anne Hwang

CRITICAL

Applies to: Final clean jury instructions

The final clean version of the jury instructions must contain only the text of each instruction (no titles, authority, or proposing-party indications).

A final “clean” version of the jury instructions, which shall include the text of each instruction (eliminating titles, supporting authority, indication of party proposing, etc.), shall be provided to the Court on the first day of trial and sent via email in Word to AH_Chambers@cacd.uscourts.gov.

Judge Anne Hwang

CRITICAL

Applies to: Motion for default judgment

A motion for default judgment must include a showing of both subject-matter and personal jurisdiction.

The motion must include a showing of both subject-matter and personal jurisdiction. See In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999).

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Exhibit list
Must include: statement if no exhibits

Defendant must email statement if not offering exhibits.

If the defendant does not intend to offer any exhibits, then the email shall so state.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Trial procedure
Must include: exhibit tracking

Counsel must track exhibits and record admission into evidence.

(a) Counsel must keep track of their exhibits and exhibit list, and record when each exhibit has been admitted into evidence.

Judge Anne Hwang

CRITICAL

Applies to: Motion

When seeking leave to file multiple Rule 56 motions, the parties must file a joint noticed motion stating their respective positions on good cause.

In the rare case in which leave of Court is sought, the parties shall file a joint noticed motion setting forth their respective positions on the existence of good cause for the filing of multiple motions.

Judge Anne Hwang

CRITICAL

Applies to: Brief
Must include: ai disclosure

AI-generated content must be disclosed with certification of accuracy and Rule 11 compliance.

Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer’s Rule 11 obligations.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Exhibit
Must include: delivery information deadline

Delivery information must be provided to Space & Facilities 48 hours before arrival.

Once approval from the Clerk is received, logistical delivery information must be provided to Space & Facilities no later than 48 hours prior to the date of arrival to create and issue the required security pass.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Trial procedure
Must include: attorney limitation

(i) Where a party has more than one (1) lawyer, only one (1) attorney may conduct the direct or cross-examination of a particular witness or make objections as to that witness.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The Report must address matters specified in Federal Rule of Civil Procedure 26(f) and Local Rule 26, as well as the additional listed matters.

The Joint Rule 26(f) Report shall address the matters set forth in Fed. R. Civ. P. 26(f) and Local Rule 26, some of which are enumerated below, and shall also contain the following:

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The Report must propose a discovery cutoff date covering completion of all fact discovery and resolution of all discovery motions.

(c) Discovery Cutoff. A proposed discovery cut-off date governing the completion of all fact discovery, including resolution of all discovery motions.

Judge Anne Hwang

CRITICAL

Applies to: Motion
Must include: caption

The Court will decline to consider motions, stipulations, or other documents with attachments that are not filed in accordance with this Order.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The Report must address the likelihood of specified procedural motions and describe issues or claims that may be decided on a motion to dismiss or summary judgment.

7. Motions. a. Procedural Motions. A statement of the likelihood of motions to add other parties or claims, file amended pleadings, transfer venue, challenge the Court’s jurisdiction, etc. b. Dispositive Motions. A description of the issues or claims that any party believes may be determined by motion to dismiss or motion for summary judgment.

Judge Anne Hwang

CRITICAL

Applies to: Answer

An answer filed in state court must be refiled in this Court as a supplement to the Notice of Removal.

Any answers filed in state court must be refiled in this Court as a supplement to the Notice of Removal.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

Joint Rule 26(f) Report must be filed 14 days before Scheduling Conference.

The Joint Rule 26(f) Report must be filed not later than fourteen (14) days before the Scheduling Conference.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The Report must identify the Scheduling Conference date on its caption page and list specified case-event dates under the title.

The Joint Rule 26(f) Report shall specify the date of the Mandatory Scheduling Conference on the caption page. Under the title, it shall list the dates of the (1) Original Complaint; (2) Removal (if removed); (3) Responsive Pleading; and (4) Trial (proposed).

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The Joint Rule 26(f) Report must address Fed. R. Civ. P. 26(f) and Local Rule 26 matters and contain the judge's enumerated sections (statement of the case, subject-matter jurisdiction, legal issues, conflicts, damages, insurance, motions, Manual for Complex Litigation, and discovery status/plan/cutoff).

The Joint Rule 26(f) Report shall address the matters set forth in Fed. R. Civ. P. 26(f) and Local Rule 26, some of which are enumerated below, and shall also contain the following:

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Exhibit
Must include: clerk approval required

Security pass requires prior approval from Courtroom Deputy Clerk.

Before contacting Space & Facilities for a required security pass, prior approval of delivery time must be coordinated with the Courtroom Deputy Clerk.

Judge Anne Hwang

CRITICAL

Applies to: Attorney fee motion

An attorney-fee motion must include documentation of the billed hours sought for recovery.

A motion for attorney’s fees must be supported by documentation of the billed hours for which the movant seeks to recover ===== PAGE 12 ===== fees.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report
Must include: timely submission

Failure to submit Joint Rule 26(f) Report or attend Scheduling Conference may result in dismissal, default, or sanctions.

The failure to timely submit a Joint Rule 26(f) Report or to attend the Scheduling Conference may result in dismissal of the action, striking of the answer and entry default, and/or imposition of sanctions.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Joint jury instructions

Joint jury instructions must be filed 14 days before final pretrial conference.

Counsel shall meet and confer with the goal of reaching an agreement on one set of joint jury instructions, which shall be filed no later than 14 calendar days before the Final Pretrial Conference.

Judge Anne Hwang

CRITICAL

Applies to: Motion

Declarations, exhibits, and attachments must be separately docketed with descriptions.

If a filed or lodged document has declarations, exhibits, or other attachments, each of these must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration).

Judge Anne Hwang

CRITICALCivil cases

Applies to: Joint witness list
Must include: format, time estimates hours, description of testimony +1 more

Joint Witness List due 28 days before FPTC with specific format and content

The Joint Witness List must be filed at least twenty-eight (28) days before the FPTC. It must be in the format specified in Local Rule 16-5 and must include for each witness (i) a brief description of the testimony, (ii) the reasons the testimony is unique and not redundant, and (iii) a time estimate in hours for direct and cross-examination.

Judge Anne Hwang

CRITICAL

Applies to: Filed or lodged document

Declarations, exhibits, and other attachments must be filed as separately docketed attachments to the main entry, each with a description.

If a filed or lodged document has declarations, exhibits, or other attachments, each of these must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration).

Judge Anne Hwang

CRITICALCivil cases

Applies to: Trial procedure
Must include: exhibit marking, exhibit disclosure

Unmarked exhibits must be requested for identification and shown to opposing counsel before mention.

(c) Any exhibit not previously marked must be accompanied by a request that it be marked for identification at the time of its first mention. Counsel must show a new exhibit to opposing counsel before the court session in which it is mentioned.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

A completed Schedule of Pretrial and Trial Dates Worksheet must be submitted with the Joint Rule 26(f) Report, with the parties making every effort to agree on dates, though earlier dates may be proposed.

The parties must make every effort to agree on all pretrial and trial dates. The parties must submit a completed copy of the attached Schedule of Pretrial and Trial Dates Worksheet (“Worksheet”) with their Joint Rule 26(f) Report. The entries in the “Time Computation” column reflect what the Court believes is appropriate for most cases and will allow the Court to rule on potentially dispositive motions sufficiently in advance of the Final Pretrial Conference. However, the parties may propose earlier dates by which the key requirements must be completed.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Ex parte application

Reply briefs are not permitted for ex parte applications.

Reply briefs in support of ex parte applications are not permitted.

Judge Anne Hwang

CRITICAL

Applies to: Ex parte application

The moving party's ex parte application must indicate whether an opposition is anticipated and the nature of the dispute.

The moving party must indicate whether an opposition is anticipated and the nature of the dispute.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Trial procedure
Must include: evidence admission timing

Counsel must seek admission of unadmitted evidence while authenticating witness is on stand.

(g) Counsel are required to seek to admit any items of evidence whose admissibility has not yet been stipulated to while the witness authenticating the exhibit is on the stand, so that any issues or concerns that arise may be addressed immediately.

Judge Anne Hwang

CRITICAL

Applies to: Documentary evidence

Unstipulated documentary evidence must be accompanied by declaration or deposition testimony from a witness who can establish authenticity.

Documentary evidence for which there is no stipulation regarding authenticity must be accompanied by testimony, either by declaration or deposition transcript, of a witness who can establish authenticity.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The Joint Rule 26(f) Report's caption page must state the Mandatory Scheduling Conference date and, under the title, list the dates of the original complaint, removal (if any), responsive pleading, and proposed trial.

The Joint Rule 26(f) Report shall specify the date of the Mandatory Scheduling Conference on the caption page. Under the title, it shall list the dates of the (1) original complaint; (2) removal (if removed); (3) responsive pleading; and (4) trial (proposed).

Judge Anne Hwang

CRITICAL

Applies to: Motion for default judgment

A request for attorney's fees and costs must be included with the motion for default judgment, or any later fee motion will be struck absent good cause.

A plaintiff who moves for default judgment and wishes to seek attorney’s fees and costs must include in the motion a properly supported request for attorney’s fees and costs together with the motion for default judgment. Failure to do so will result in the striking of any subsequent motion for attorney’s fees and costs absent a showing of good cause.

Judge Anne Hwang

CRITICAL

Applies to: Proposed order

Proposed order must include specific language for rejected seal filings.

PROPOSED ORDER MUST CONTAIN THE FOLLOWING LANGUAGE FOR THE COURT'S USE IF THE UNDER SEAL FILING IS REJECTED: 1. Counsel shall publicly file the document(s). (For use if the party wants the Court to consider the document(s); 2. Counsel shall file redacted versions of the documents on the docket. The Court will consider the unredacted mandatory paper chambers copy.

Judge Anne Hwang

CRITICAL

Applies to: Joint brief

In the Joint Brief, each issue must present the moving party's legal argument with citations to authority and the Joint Appendix of Facts, followed immediately by the opposing party's equally supported response.

For each issue, the moving party shall present legal argument, citation to authority where applicable, and citation to the Joint Appendix of Facts, see below, followed immediately by the opposing party’s response that similarly must be supported by legal argument, citation to authority, and citation to the Joint Appendix of Facts.

Judge Anne Hwang

CRITICAL

Applies to: Motion to amend

The proposed amended pleading must be a separate document from the motion, and its redlined version must be an appendix to the moving papers.

Counsel shall electronically file a “Notice of Lodging” attaching the proposed amended pleading as a document separate from the motion, as well as a “redlined” version of the proposed amended pleading identifying all additions and deletions of material as an appendix to the moving papers.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Trial procedure
Must include: demonstrative aids preparation

(f) Counsel should not ask witnesses to draw charts or diagrams or ask the Court’s permission for a witness to do so. All demonstrative aids must be prepared fully in advance of the day’s trial session.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Disputed joint statement of case

Disputed joint statement requires redline comparison of parties' proposals.

If the parties cannot agree on such a joint statement, they shall file a “Disputed Joint Statement of the Case,” which shall include each party’s respective proposed statement, together with a “redline” comparing the parties’ respective statements.

Judge Anne Hwang

CRITICAL

Applies to: Ex parte application

An ex parte application must indicate whether an opposition is anticipated and the nature of the dispute.

The moving party must indicate whether an opposition is anticipated and the nature of the dispute.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26 f report

The parties must submit the completed Schedule of Pretrial and Trial Dates Worksheet with their Joint Rule 26(f) Report.

The parties must submit a completed copy of the attached Schedule of Pretrial and Trial Dates Worksheet (“Worksheet”) with their Joint Rule 26(f) Report.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The Report must address whether insurance coverage exists, its extent, and whether there is or will be a reservation of rights.

6. Insurance. Whether there is insurance coverage, the extent of coverage, 6 and whether there is or will be a reservation of rights.

Judge Anne Hwang

CRITICAL

Applies to: Discovery motion

Discovery motions must state with particularity what is requested, the basis for the request, whether the discovery was requested, and opposing counsel's response.

All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery at issue has been requested, and opposing counsel’s response to such request.

Judge Anne Hwang

CRITICAL

Applies to: Motion
Must include: certificate of conference

Motions must include a signed certification stating that the parties met in person, by videoconference, or by telephone, thoroughly discussed every issue raised in the motion, and attempted in good faith to resolve it.

(b) Certification. The moving party shall include a signed ... parties met in person or by videoconference or telephone, thoroughly discussed each and every issue raised in the motion, and attempted in good faith to resolve the motion in whole or in part.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Competing verdict forms
Must include: proposed order

If parties cannot agree on verdict form, must file 'Competing Verdict Forms' with redlines and basis for each position.

If the parties are unable to agree on a verdict form, the parties shall file one document titled “Competing Verdict Forms” which shall include: (i) the parties’ respective proposed verdict form; (ii) a “redline” of any disputed language; and (iii) the factual or legal basis for each party’s respective position.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Witness list
Must include: judge name

Defendant must state if no witnesses will be called.

If the defendant does not intend to call any witnesses, the email shall so state.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Exhibit
Must include: agent responsibilities

Law enforcement agent must secure and guard dangerous exhibits.

It shall be the responsibility of the agent to produce any such items for the Court, secure them at all times that the Court is not in session, and guard them at all times while in the courtroom.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Trial procedure
Must include: clerk approach permission required, witness stand approach permission required

Counsel must not approach clerk or witness stand without permission.

Counsel must not approach the Courtroom Deputy Clerk or the witness stand without permission. When permission is given, counsel shall return to the lectern when the task has been completed.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Marked proposed findings conclusions
Must include: proposed order

Opposing party's proposed findings must be marked (strike/bold/underline) 14 days before trial.

Fourteen (14) days before the trial date or by a date ordered by the Court, each counsel shall file with the Court and serve on opposing counsel a copy of the opposing party's proposed findings of fact and conclusions of law, marked as follows: a) Strike through those portions the party disputes; b) Bold those portions the party admits; and c) Underline those portions the party admits but considers irrelevant.

Judge Anne Hwang

CRITICAL

Applies to: Joint brief

(b) Content and Organization of Joint Brief. The Joint Brief should contain the following: (1) a table of contents; (2) a table of authorities; (3) an optional brief introduction section stated jointly or, if stated separately by each party, stated under an appropriate subheading identifying the party (e.g., “ACME Co.’s Introduction” or “Defendant’s Introduction”); (4) a statement of facts section stated jointly or, if stated separately by each party, stated under an appropriate subheading identifying the party (e.g., “ACME Co.’s Statement of Facts” or “Defendant’s Statement of Facts”); (5) an analysis or argument section that sets forth the arguments organized by issue that present the parties’ competing positions on an issue-by-issue basis. For each issue, the moving party shall present legal argument, citation to authority where applicable, and citation to the Joint Appendix of Facts, see below, followed immediately by the opposing party’s response that similarly must be supported by legal argument, citation to authority, and citation to the Joint Appendix of Facts.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The Report must discuss the current state of discovery, completed discovery, and current or anticipated disputes.

(a) Status of Discovery. A discussion of the present state of discovery, including a summary of completed discovery, and any current or anticipated disputes.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Verdict form
Must include: final version

Final verdict form must be emailed to chambers on first day of trial.

A final version of the verdict form shall be provided to the Court on the first day of trial and sent via email in Word to AH_Chambers@cacd.uscourts.gov.

Judge Anne Hwang

CRITICAL

Applies to: Plra exhaustion motion
Must include: timely filing

Failure to file timely request for PLRA exhaustion hearing may be construed as waiver.

The failure to file a timely request may be construed as a waiver of the exhaustion issue.

Judge Anne Hwang

CRITICAL

Applies to: Joint brief
Must include: joint appendix of facts

Joint brief must include Joint Appendix of Facts (JAF) in table format.

(g) Joint Appendix of Facts (“JAF”). The Joint Brief shall be accompanied by a single statement of undisputed and disputed facts contained in a JAF presented in a table.

Judge Anne Hwang

CRITICAL

Applies to: Motion
Must include: proposed order

Proposed orders must be lodged and served with motions

(a) Proposed Orders Must be Lodged and Served. Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Trial materials
Must include: three binder sets, deposition excerpts

First day trial materials: 3 binder sets and deposition excerpts for CRD

The parties must present the following materials to the CRD on the first day of trial: (1) the three sets of binders described above, with one original set of trial exhibits for the jury and two copies of trial exhibits for the court; and (2) any excerpts of deposition transcripts to be used at trial, either as evidence or for impeachment.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Superseding information
Must include: separate docket entry

Superseding information/indictment must have separate docket entry, not attached to plea agreement.

A superseding information or indictment shall not be attached to the end of the plea agreement. It shall be filed pursuant to the Local Rules and have its own docket entry.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The Report must state whether all or part of the Manual for Complex Litigation procedures should be used.

8. Manual for Complex Litigation. Whether all or part of the procedures of the Manual for Complex Litigation should be utilized.

Judge Anne Hwang

CRITICAL

Applies to: Settlement notification
Must include: certificate of service

Immediate notification required for case resolution or serious settlement negotiations; sanctions for non-compliance.

Counsel must advise the Court immediately if (1) the case or any pending matter has been resolved or (2) a motion is pending, and the parties are engaged in serious negotiations that appear likely to resolve the case or the pending motion. Failure to provide timely notice of settlement may result in sanctions.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Final clean jury instructions

Final clean jury instructions must be emailed to chambers on first day of trial.

A final “clean” version of the jury instructions, which shall include the text of each instruction (eliminating titles, supporting authority, indication of party proposing, etc.), shall be provided to the Court on the first day of trial and sent via email in Word to AH_Chambers@cacd.uscourts.gov.

Judge Anne Hwang

CRITICAL

Applies to: Stipulation
Must include: proposed order

Court will not consider requests without compliant proposed order

The Court will not consider a stipulation, ex parte application, or other request for relief until a compliant proposed order is received by email.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Proposed order
Must include: caption, judge name, proposed order

Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. The Court enforces strict compliance with Local Rule 5-4.4.2, which instructs: “After a document requiring a judge’s signature has been lodged under L.R. 5-4.4.1, a. . . Microsoft Word copy of the proposed document, along with a PDF copy of the electronically filed main document, must be emailed to the assigned judge’s generic chambers email address,” namely, AH_chambers@cacd.uscourts.gov. The Court will not consider a stipulation, ex parte application, or other request for relief until a compliant proposed order is received by email.

Judge Anne Hwang

CRITICAL

Applies to: Attorney fee motion

For a motion seeking more than $50,000 in fees, the movant must email the CRD an Excel spreadsheet documenting the hours sought, in the example’s format.

For any motion requesting more than $50,000 in fees, the movant shall additionally provide by email to the CRD an Excel spreadsheet documenting the hours for which the movant seeks recovery, using the format in the following example:

Judge Anne Hwang

CRITICAL

Applies to: Motion
Must include: proposed order

Each party filing or opposing a motion must serve and lodge a proposed order stating the relief sought and the rationale with citations.

Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Trial procedure
Must include: witness ready after recess

Calling party must ensure witness is ready after recess/adjournment.

If a witness was on the stand at the time of a recess or adjournment, the party that called the witness shall ensure the witness is back on the stand and ready to proceed as soon as trial resumes.

Judge Anne Hwang

CRITICAL

Applies to: Discovery motion
Must include: caption

Discovery matters referred to Magistrate Judge; must include “DISCOVERY MATTER” in caption.

All discovery matters are referred to the assigned Magistrate Judge. All documents relating to discovery matters must include the words “DISCOVERY MATTER” in the caption to ensure proper routing. Counsel must follow the Magistrate Judge’s procedures for scheduling matters for a hearing.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The Report must list parties, percipient witnesses, and key documents, and corporate parties must identify all subsidiaries, parents, and affiliates for conflict purposes.

4. Parties, Evidence, etc. A list of parties, percipient witnesses, and key documents on the main issues in the case. For conflict purposes, corporate parties must identify all subsidiaries, parents, and affiliates.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Trial procedure
Must include: witness stand questioning approval required

Questioning at witness stand requires specific court approval.

Counsel must not engage in questioning a witness at the witness stand absent specific approval by the Court.

Judge Anne Hwang

CRITICAL

Applies to: Motion or stipulation for continuance
Must include: proposed order

Continuance requests made by motion or stipulation must include a proposed order.

Requests for continuances must be made before the date to be continued and by motion or stipulation, along with a proposed order.

Judge Anne Hwang

CRITICAL

Applies to: Motion to amend

Motions to amend pleadings must state the amendment's effect, be serially numbered, and identify the page, line, and wording of each proposed change or addition.

In addition to the requirements of Local Rule 15-1, all motions to amend pleadings shall: (1) state the effect of the amendment; (2) be serially numbered to differentiate the amendment from previous amendments; and (3) state the page and line number(s) and wording of any proposed change or addition of material.

Judge Anne Hwang

CRITICAL

Applies to: Motion
Must include: proposed order

Every party filing or opposing a motion or seeking any determination must serve and lodge a proposed order stating the relief sought and a brief rationale with citations, and every request for court action must be made by motion or stipulation accompanied by a proposed order.

Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. Any request for action by the Court shall be made by appropriate motion or stipulation and shall be accompanied by a proposed order.

Judge Anne Hwang

CRITICAL

Applies to: Declaration of direct testimony

At least 28 days before trial, for each witness a party intends to call at trial, counsel for that party shall either (a) file and serve personally or by fax or electronic mail an executed declaration in lieu of direct testimony.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Pretrial documents

Oppositions to Motions in Limine due 14 days before FPTC

At least fourteen (14) days before the FPTC:

Judge Anne Hwang

CRITICALCivil cases

Applies to: Trial procedure
Must include: witness return

Witnesses must return promptly after recess/adjournment if they were on stand.

(b) If a witness was on the stand at the time of a recess or adjournment, the party that called the witness shall ensure the witness is back on the stand and ready to proceed as soon as trial resumes.

Judge Anne Hwang

CRITICAL

Applies to: Joint appendix of evidence

Parties may submit only evidence necessary to support or controvert a proposed undisputed fact, not entire documents when relying on only a portion.

No party shall submit evidence other than the specific evidence necessary to support or controvert a proposed statement of undisputed fact. Do not, for example, submit the entire deposition transcripts or an entire set of interrogatory responses when relying on only a portion of such documents.

Judge Anne Hwang

CRITICAL

Applies to: Trial memorandum

The Government's trial memorandum must include a factual summary of the Government's case-in-chief and a statement of the charges (list continues beyond excerpt).

The Government shall file a trial memorandum that shall set forth (1) a factual summary of the Government’s case-in-chief; (2) a statement of the charges and the

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Witness list
Must include: judge name

Witness lists must be emailed to chambers by noon Friday before trial.

Not later than 12:00 pm on the Friday before the commencement of trial, the Government and defense counsel shall each email their respective witness lists in Word to AH_Chambers@cacd.uscourts.gov.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Verdict form

Proposed verdict forms must be filed 14 days before final pretrial conference.

Counsel shall file a proposed verdict form(s) no later than 14 calendar days prior to the Final Pretrial Conference.

Judge Anne Hwang

CRITICAL

Applies to: Exhibit list

Each party's counsel must prepare an exhibit list in compliance with Local Civil Rule 16-6.

Counsel shall each prepare an exhibit list in compliance with Local Civil Rule 16-6.

Judge Anne Hwang

CRITICAL

Applies to: Jury instructions

Proposed jury instructions must include an index listing each instruction's number, title, source/citations, and page number.

The Proposed Instructions must have an index that includes the following for each instruction, as illustrated in the example below: (1) the number of the instruction; (2) the title of the instruction; (3) the source of the instruction and any relevant case citations; and (4) the page number of the instruction.

Judge Anne Hwang

CRITICAL

Applies to: Default judgment motion

A default-judgment motion must show both subject-matter and personal jurisdiction.

The motion must include a showing of both subject-matter and personal jurisdiction.

Judge Anne Hwang

CRITICAL

Applies to: Memorandum of points and authorities

Evidence should be included only in the JAE and not attached to a memorandum of points and authorities.

No evidence should be attached to a memorandum of points and authorities or included anywhere other than in the JAE.

Judge Anne Hwang

CRITICAL

Applies to: Trial materials

On the first day of trial, parties must present to the CRD the three sets of exhibit binders and any deposition transcript excerpts to be used at trial.

The parties must present the following materials to the CRD on the first day of trial: (1) the three sets of binders described above, with one original set of trial exhibits for the jury and two copies of trial exhibits for the court; and (2) any excerpts of deposition transcripts to be used at trial, either as evidence or for impeachment. These lodged depositions are for the Court’s use. The parties must use their own copies during trial.

Judge Anne Hwang

CRITICAL

Applies to: Joint appendix of exhibits

The Joint Appendix of Exhibits must include a table of contents.

The JAE shall include a table of contents.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Exhibit list
Must include: compliance with local rule

Exhibit lists must comply with Local Civil Rule 16-6.

Counsel shall each prepare an exhibit list in compliance with Local Civil Rule 16-6.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Trial procedure
Must include: exhibit return

Counsel must return CRD exhibits before leaving courtroom.

(b) Counsel are responsible for any exhibits they secure from the CRD and must return them before leaving the courtroom.

Judge Anne Hwang

CRITICAL

Applies to: Motion to substitute defendant

In diversity cases, a motion to substitute a newly named party must address whether the addition destroys diversity jurisdiction.

In diversity cases, the plaintiff’s motion must address whether the addition of the newly named party destroys diversity jurisdiction.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Trial exhibit

On first day of trial, parties must present to CRD: three sets of exhibit binders (1 original for jury, 2 copies for court) and any deposition excerpts to be used.

The parties must present the following materials to the CRD on the first day of trial: (1) the three sets of binders described above, with one original set of trial exhibits for the jury and two copies of trial exhibits for the court; and (2) any excerpts of deposition transcripts to be used at trial, either as evidence or for impeachment. These lodged depositions are for the Court’s use. The parties must use their own copies during trial.

Judge Anne Hwang

CRITICAL

Applies to: Default judgment motion

Unless the Court orders otherwise, the default-judgment movant must appear prepared to argue and respond to any tentative opinion even if there is no opposition.

Unless the Court orders otherwise, the movant must appear at the motion hearing prepared to argue the motion and respond to any tentative opinion even in the absence of an opposition.

Judge Anne Hwang

CRITICAL

Applies to: Pretrial documents
Must include: pretrial documents, joint rule 26f report

Failure to comply with court orders or rules may result in dismissal, default, monetary sanctions, or revocation of pro hac vice status.

If, without satisfactory explanation, counsel fail to file the required Joint Rule 26(f) report or the required pretrial documents, fail to appear at any scheduled proceeding, or otherwise fail to comply with the Court’s orders or rules, the Court shall take any action it deems appropriate, including: (i) dismissal of the case for failure to prosecute, if the failure occurs on the part of the plaintiff; (ii) striking the answer resulting in default if such failure occurs on the part of the defendant; (iii) imposing monetary sanctions against the offending party and counsel, and/or (iv) where applicable, revoking the pro hac vice status of attorneys so admitted.

Judge Anne Hwang

CRITICAL

Applies to: Declaration

Declarations submitted with summary judgment papers must contain only admissible facts without argument.

Declarations shall set out admissible facts without any argument, and evidence must be submitted either by stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence and must not be attached to the Joint Brief.

Judge Anne Hwang

CRITICAL

Applies to: Application to seal
Must include: proposed order, certificate of service

Counsel must comply with Local Rule 5-4.4.1 and attach the proposed order to the application to seal.

Counsel are required to comply with Local Rule 5-4.4.1 and attach the proposed order to the application.

Judge Anne Hwang

CRITICAL

Applies to: Filing
Must include: ai disclosure

A party using generative AI to generate any portion of a filing must attach a separate declaration disclosing the use and certifying review, accuracy, and Rule 11 compliance.

Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a brief, pleading, or other filing must attach to the filing a separate 11 declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer’s Rule 11 obligations.

Judge Anne Hwang

CRITICAL

Applies to: Proof of service
Must include: certificate of service

Plaintiff must serve complaint and file proof of service within 3 days.

If Plaintiff has not already served the operative complaint on all Defendants, Plaintiff shall do so promptly and shall file proofs of service of the summons and complaint within three (3) days thereafter. See Fed. R. Civ. P. 4.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Exhibit
Must include: law enforcement custody

Dangerous exhibits must remain in law enforcement custody during trial.

Exhibits such as firearms, narcotics, etc., must remain in the custody of a law enforcement agent during the pendency of the trial.

Judge Anne Hwang

CRITICAL

Applies to: Motion or request for determination
Must include: proposed order

A party filing or opposing a motion or seeking a determination must serve and lodge a proposed order stating the requested relief, rationale, and appropriate citations.

Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Jury instruction objections

Objections to jury instructions must be exchanged 21 days before final pretrial conference.

Counsel shall exchange any objections to the instructions 21 calendar days prior to the Final Pretrial Conference.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Stipulation
Must include: factual basis

Stipulation of factual basis for open plea due 7 days before hearing.

If the parties agree to proceed with an open plea, counsel shall confer and file a stipulation as to the factual basis no later than seven days prior to the hearing.

Judge Anne Hwang

CRITICAL

Applies to: Joint appendix of exhibits

Citations to the JAE must refer to the page and line within the particular exhibit.

Citations to the JAE shall be to the page and line within the particular exhibit.

Judge Anne Hwang

CRITICAL

Applies to: Joint appendix of evidence

If the JAE requires multiple PDFs, each file must be titled by part and exhibit series.

In the event multiple PDFs are necessary to file the JAE, each file shall be titled by part and exhibit series (e.g., JAE Part 1, Exhibits 1–50).

Judge Anne Hwang

CRITICAL

Applies to: Joint brief

The Joint Brief shall be accompanied by a JAO—i.e., evidentiary objections, if any, shall be made in a single, separate document presented in a four-column table.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Exhibit list
Must include: compliance with local rule

Exhibit lists must comply with Local Civil Rule 16-6.1.

The exhibit list shall comply with Local Civil Rule 16-6.1.

Judge Anne Hwang

CRITICAL

Applies to: Motion
Must include: certificate of conference

The moving party must attach a signed certification to the end of the motion using the specified language.

The moving party shall include a signed certification attached to the end of the filed motion as follows: “I certify that the parties met in person or by videoconference, thoroughly discussed each and every issue raised in the motion, and attempted in good faith to resolve the motion in whole or in part.”

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Trial procedure
Must include: legal ground required, sidebar permission required, objections standing required

Objections must be stated standing with legal ground; sidebar requires permission.

When objecting, counsel must stand to state the objection and state only that counsel objects and the legal ground for 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.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The Report must briefly describe all key legal issues, including significant procedural, substantive, or evidentiary motions.

3. Legal Issues. A brief description of all key legal issues, including any significant procedural, substantive, or evidentiary motions.

Judge Anne Hwang

CRITICAL

Applies to: Ex parte application

Reply briefs are not permitted for ex parte applications.

Reply briefs in support of ex parte applications are not permitted.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Ai disclosure declaration
Must include: ai disclosure

AI-generated content requires separate disclosure declaration certifying accuracy and Rule 11 compliance.

Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer’s Rule 11 obligations.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Jury instructions

Jury instructions must be filed 14 days before final pretrial conference.

Jury instructions shall be filed no later than 14 calendar days prior to the Final Pretrial Conference.

Judge Anne Hwang

CRITICAL

Applies to: Summary judgment motion

Parties filing or opposing summary-judgment motions must comply with Rule 56, Local Rule 56, and the Court’s Standing Order for Civil Cases.

When filing or opposing a motion for summary judgment, a party must comply with Fed. R. Civ. P. 56, Local Rule 56, and the Court’s Standing Order for Civil Cases.

Judge Anne Hwang

CRITICAL

Applies to: Brief
Must include: ai disclosure

Parties using generative AI to draft any portion of a filing must attach a separate declaration disclosing AI use and certifying review and accuracy of the AI-generated content.

Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer's Rule 11 obligations.

Judge Anne Hwang

CRITICAL

Applies to: Proposed findings conclusions

Each party must file and serve Proposed Findings of Fact and Conclusions of Law no later than 28 days before the FPTC, in the format specified by Local Rule 52-3.

For any trial requiring findings of fact and conclusions of law, each party shall file and serve on the opposing party, no later than twenty-eight (28) days before the FPTC, its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Trial procedure
Must include: exhibit identification

(e) When referring to an exhibit, counsel must refer to its exhibit number. Counsel should instruct their witnesses to do the same.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Trial evidence discovery

Government must produce trial evidence discovery 2 weeks before trial; late evidence requires ex parte application and court approval.

The Government shall produce to defendant(s) the discovery related to evidence it seeks to introduce at trial no later than two (2) weeks prior to the scheduled trial date. If there is discovery related to trial evidence that is produced after this date, such evidence will not be admitted at trial subject to an ex parte application being filed by the Government seeking such relief that is approved by the Court.

Judge Anne Hwang

CRITICAL

Applies to: Notice of manual filing
Must include: proposed order

Electronically file a NOTICE OF MANUAL FILING. which contains the PDF version of the application to seal, the Notice of Manual Filing, the Word version of the proposed order (with the language set forth above), and an Adobe PDF of the document(s) to be filed under seal with a caption page, clearly marked "UNDER SEAL." The subject line of the email should have the case number, plus the words "UNDER SEAL REQUEST."

Judge Anne Hwang

CRITICAL

Applies to: Joint brief

Each party’s arguments in the Joint Brief shall be responsive to the opposing party’s arguments. Accordingly, the parties shall provide their portions of the Joint Brief to the opposing parties sufficiently in advance of the motion filing deadline

Judge Anne Hwang

CRITICAL

Applies to: Plra exhaustion motion
Must include: early raising

PLRA exhaustion issue must be raised at beginning of litigation.

The issue of exhaustion under the PLRA must be raised at the beginning of the litigation.

Judge Anne Hwang

CRITICAL

Applies to: Verdict form

Parties must file a proposed joint verdict form 14 days before the FPTC; if they cannot agree, they must file 'Competing Verdict Forms' with redlines and legal bases.

The parties shall file a proposed joint general or special verdict form fourteen (14) days before the FPTC. If the parties are unable to agree on a verdict form, the parties shall file one document titled “Competing Verdict Forms” which shall include: (i) the parties’ respective proposed verdict form; (ii) a “redline” of any disputed language; and (iii) the factual or legal basis for each party’s respective position.

Judge Anne Hwang

CRITICAL

Applies to: Discovery documents

All documents relating to discovery matters must include the words 'DISCOVERY MATTER' in the caption to ensure proper routing.

All documents relating to discovery matters must include the words "DISCOVERY MATTER" in the caption to ensure proper routing.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Pretrial documents

Pretrial documents due 28 days before FPTC

At least twenty-eight (28) days before the FPTC:

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26f report

The Joint Rule 26(f) Report must include a settlement-negotiation statement (excluding terms discussed) and a stated mediation preference, and no case may proceed to trial unless all parties (including authorized corporate officers) personally participate in an ADR proceeding.

A statement of what settlement negotiations have occurred, excluding any statement of the terms discussed. The parties must state their preference for mediation before: (i) the Magistrate Judge, (ii) the Court Mediation Panel, or (iii) a private mediator (at the parties’ expense). The Court will exercise its discretion to select an ADR option for the parties if they fail to state a preference. No case will proceed to trial unless all parties, including an officer of all corporate parties (with full authority to settle the case), have appeared personally and participated in an ADR proceeding.

Judge Anne Hwang

CRITICAL

Applies to: Motion for attorneys fees

Fee motions requesting more than $50,000 must be accompanied by an Excel time spreadsheet (Date, Name, Position, Task, Hours, Rate, Amount) emailed to the CRD.

For any motion requesting more than $50,000 in fees, the movant shall additionally provide by email to the CRD an Excel spreadsheet documenting the hours for which the movant seeks recovery, using the format in the following example:

Judge Anne Hwang

CRITICALCivil cases

Applies to: Trial procedure
Must include: witness availability

Parties must have witnesses available; unreasonable delays may result in party being deemed to have rested.

(d) No presenting party may be without witnesses. If a party’s remaining witnesses are not immediately available, thereby causing an unreasonable delay, the Court may deem that party to have rested.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Trial procedure
Must include: punctuality

Parties, counsel, and witnesses must be punctual; trial is priority; Court will not delay for tardiness.

(a) The Court expects the parties, counsel, and witnesses to be punctual. Once the parties and their counsel are engaged in trial, the trial must be their priority. The Court will not delay progress of the trial or inconvenience jurors.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Final joint statement of case

Final joint statement must be provided on first day of trial.

A final version of the joint statement shall be provided to the Court on the first day of trial.

Judge Anne Hwang

CRITICAL

Applies to: Joint brief

The Joint Brief should include a table of contents, table of authorities, statement of facts, and issue-organized arguments with each moving-party argument immediately followed by the opposing party’s supported response; an introduction is optional.

(b) Content and Organization of Joint Brief. The Joint Brief should contain the following: (1) a table of contents; (2) a table of authorities; (3) an optional brief introduction section stated jointly or, if stated separately by each party, stated under an appropriate subheading identifying the party (e.g., “ACME Co.’s Introduction” or “Defendant’s Introduction”); (4) a statement of facts section stated jointly or, if stated separately by each party, stated under an appropriate subheading identifying the party (e.g., “ACME Co.’s Statement of Facts” or “Defendant’s Statement of Facts”); (5) an analysis or argument section that sets forth the arguments organized by issue that present the parties’ competing positions on an issue-by-issue basis. For each issue, the moving party shall present legal argument, citation to authority where applicable, and citation to the Joint Appendix of Facts, see below, followed immediately by the opposing party’s response that similarly must be supported by legal argument, citation to authority, and citation to the Joint Appendix of Facts.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Exhibit list
Must include: filing deadline

Government must file exhibit list 14 calendar days before Final Pretrial Conference.

The Government shall file its exhibit list 14 calendar days prior to the Final Pretrial Conference.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Disputed jury instructions

Disputed jury instructions require redline and legal basis for disputes.

If the parties disagree over any proposed jury instruction(s), the parties shall file: (i) one set of proposed jury instructions to which all parties agree; and (ii) one set of disputed jury instructions, which shall include a “redline” of any disputed language and/or the factual or legal basis for each party’s respective position as to each disputed instruction.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Trial preparation
Must include: meet and confer

Trial counsel must meet and confer in person 40 days before FPTC

trial counsel for each party are required to meet and confer in person forty (40) days in advance to prepare for the FPTC.

Judge Anne Hwang

CRITICAL

Applies to: Discovery document

All documents relating to discovery matters must include “DISCOVERY MATTER” in the caption.

All documents relating to discovery matters must include the words “DISCOVERY MATTER” in the caption to ensure proper routing.

Judge Anne Hwang

CRITICAL

Applies to: Discovery plan
Must include: initial disclosures, discovery plan conference

Parties must make initial disclosures and confer on discovery plan 21 days before scheduling conference.

The parties are reminded of their obligations to (i) make initial disclosures "without awaiting a discovery request" (Fed. R. Civ. P. 26(a)(1)) and (ii) confer on a discovery plan at least twenty-one (21) days before the Scheduling Conference (Fed. R. Civ. P. 26(f)).

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Exhibit
Must include: copies required

One original and two copies of exhibits must be presented to Courtroom Deputy Clerk on first day of trial.

One original (witness copy) and two copies (bench and courtroom deputy copy) shall be presented to the Courtroom Deputy Clerk on the first day of trial.

Judge Anne Hwang

CRITICAL

Applies to: Joint brief

The Joint Brief must be accompanied by a single statement of undisputed and disputed facts contained in a Joint Appendix of Facts (JAF) presented in a table.

The Joint Brief shall be accompanied by a single statement of undisputed and disputed facts contained in a JAF presented in a table.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Video exhibit
Must include: court control of admission

Court will exclude extraneous video portions and control cumulative exhibits under Rule 403.

The Court will not admit extraneous portions of videos and will strictly control the admission of any wasteful or cumulative video exhibits under Rule 403.

Judge Anne Hwang

CRITICAL

Applies to: Stipulation ex parte application or request for relief
Must include: proposed order

The Court will not consider any stipulation, ex parte application, or other request for relief until a compliant proposed order is received by email.

The Court will not consider a stipulation, ex parte application, or other request for relief until a compliant proposed order is received by email.

Judge Anne Hwang

CRITICAL

Applies to: Disputed joint statement of the case

If the parties cannot agree, they must file a Disputed Joint Statement of the Case containing each party's proposed statement plus a redline comparing them.

If the parties cannot agree on such a joint statement, they shall file a “Disputed Joint Statement of the Case,” which shall include each party’s respective proposed statement, together with a “redline” comparing the parties’ respective statements.

Judge Anne Hwang

CRITICAL

Applies to: Joint rule 26 f report

The parties must complete the worksheet jointly and file it with the Joint Rule 26(f) Report.

Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report.

Judge Anne Hwang

CRITICAL

Applies to: General

Corporations and entities must be represented by counsel; withdrawal requires advising of dire consequences.

Only individuals may represent themselves. A corporation or other entity must be represented by counsel, and if counsel seeks to withdraw, counsel must advise the entity of the dire consequences of failing to obtain substitute counsel before seeking withdrawal—i.e., a plaintiff entity’s case will be dismissed, or a defendant entity will default. See Local Rule 83-2.3.4.

Judge Anne Hwang

CRITICAL

Applies to: Default judgment motion

A plaintiff seeking fees and costs with default judgment must include a properly supported request in the default-judgment motion; later fee motions will be struck absent good cause if omitted.

A plaintiff who moves for default judgment and wishes to seek attorney’s fees and costs must include in the motion a properly supported request for attorney’s fees and costs together with the motion for default judgment. Failure to do so will result in the striking of any subsequent motion for attorney’s fees and costs absent a showing of good cause.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Amended joint exhibit list
Must include: email submission

Amended Joint Exhibit List must be filed by noon Friday before trial in Word format via email.

The parties shall meet and confer to fully discuss any objections and attempt to reach agreements on exhibits. Any Amended Joint Exhibit List must be filed by 12:00 p.m. (noon) on the Friday before trial and emailed to AH_Chambers@cacd.uscourts.gov in Microsoft Word format.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Jury instructions

Proposed jury instructions must be exchanged 28 days before final pretrial conference.

Counsel shall exchange proposed jury instructions (general and special) 28 calendar days prior to the Final Pretrial Conference.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Trial exhibits
Must include: usb flash drive

USB flash drive with PDF exhibits due by noon Wednesday before trial

In addition to the three (3) sets of binders above, the parties must also submit to the court a USB flash drive containing PDF versions of all exhibits. The USB flash drive must be delivered to the Judge Hwang’s courtesy box located outside the Clerk’s Office on the fourth floor of the First Street Courthouse by 12:00 p.m. on the Wednesday before the start of trial.

Judge Anne Hwang

CRITICAL

Applies to: Scheduling conference
Must include: lead trial counsel attendance

Lead trial counsel must attend Scheduling Conference in person unless excused for good cause.

Lead trial counsel must attend the Scheduling Conference, unless excused by the Court for good cause. Remote appearances are not permitted except for good cause shown.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Trial memorandum

Government trial memorandum must include factual summary, charges/elements, time estimate, and legal/evidentiary discussion.

The government shall file a trial memorandum that shall set forth (1) a factual summary of the government's case-in-chief; (2) a statement of the charges and the elements of each charge; (3) a time estimate of the length of the government's case-in-chief, including anticipated cross-examination; and (4) a discussion of relevant legal and evidentiary issues as applied to the facts of the particular case.

Judge Anne Hwang

CRITICAL

Applies to: Scheduling conference
Must include: participation

Pro se litigants must comply with all rules and attend scheduling conference.

“Counsel,” as used in this Order, includes parties who have elected to appear without counsel and are representing themselves in this litigation (hereinafter referred to as “pro se litigants”). Pro se litigants must comply with this Order, the Federal Rules of Civil Procedure, and the Local Rules of the Central District of California. See Local Rules 1-3, 83-2.2.3. Pro se litigants are required to participate in the Scheduling Conference.

Judge Anne Hwang

CRITICAL

Applies to: Application to seal
Must include: proposed order, certificate of service

Application to seal must be filed electronically with proof of service and proposed order attached.

Electronically file the application to seal with proof of service. Counsel are required to comply with Local Rule 5-4.4.1 and attach the proposed order to the application.

Judge Anne Hwang

CRITICAL

Applies to: Proposed order

The proposed order accompanying an application to seal must contain the Court's specified rejection language allowing either public filing or filing of redacted versions with the unredacted paper chambers copy considered.

PROPOSED ORDER MUST CONTAIN THE FOLLOWING LANGUAGE FOR THE COURT'S USE IF THE UNDER SEAL FILING IS REJECTED: 1. Counsel shall publicly file the document(s). (For use if the party wants the Court to consider the document(s).) 2. Counsel shall file redacted versions of the documents on the docket. The Court will consider the unredacted mandatory paper chambers copy.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Trial procedure
Must include: witnesses must be available, unreasonable delay deemed rest

Parties must have witnesses available; unreasonable delay may result in deemed rest.

No presenting party may be without witnesses. If a party’s remaining witnesses are not immediately available, thereby causing an unreasonable delay, the Court may deem that party to have rested.

Judge Anne Hwang

CRITICAL

Applies to: Summary judgment brief

Summary judgment motions under Rule 56 require special procedures including preparation of a joint brief and joint related documents.

The Court employs special procedures for motions under Fed. R. Civ. P. 56 for summary judgment, including the parties’ preparation of a joint brief and joint related documents.

Judge Anne Hwang

CRITICALCriminal cases

Applies to: Trial procedure
Must include: remarks to court only

All remarks must be addressed to the Court, not to clerk, reporter, audience, or opposing counsel.

Counsel must address all remarks to the Court. Counsel are not to address the Courtroom Deputy Clerk, the Reporter, persons in the audience or opposing counsel.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Declarations of direct testimony
Must include: proposed order

Declarations of direct testimony must be filed 28 days before trial per LR 16-2.7 and 43-1.

The parties shall comply with Local Rules 16-2.7 and 43-1. At least 28 days before trial, for each witness a party intends to call at trial, counsel for that party shall either (a) file and serve personally or by fax or electronic mail an executed declaration in lieu of

Judge Anne Hwang

CRITICAL

Applies to: Order
Must include: notice to parties

Plaintiff's counsel or defense counsel (if pro se) must provide order to all parties.

The plaintiff’s counsel or, if the plaintiff is appearing pro se, defense counsel, shall provide this Order to all known parties who have not yet appeared or who appear after the date of this Order.

Judge Anne Hwang

CRITICAL

Applies to: Jury instructions

On disagreement, parties must file an agreed instruction set plus a disputed set with a redline and each party's factual/legal basis, organized by subject where appropriate.

If the parties disagree over any proposed jury instruction(s), the parties shall file: (i) one set of proposed jury instructions to which all parties agree and (ii) one set of disputed jury instructions, which shall include a “redline” of any disputed language and the factual or legal basis for each party’s respective position as to each disputed instruction. Where appropriate, the disputed instructions shall be organized by subject, so that the instructions that address the same or similar issues are presented sequentially.

Judge Anne Hwang

CRITICAL

Applies to: Joint statement of case

Parties must file the Joint Statement of the Case 14 days before the FPTC for the Court to read to prospective jurors.

The parties must file a Joint Statement of the Case fourteen (14) days before the FPTC for the Court to read to the prospective jurors before commencement of voir dire.

Judge Anne Hwang

CRITICAL

Applies to: Motion
Must include: attorney fees request

Attorney’s fees request must be included with default judgment motion or will be struck.

A plaintiff who moves for default judgment and wishes to seek attorney’s fees and costs must include in the motion a properly supported request for attorney’s fees and costs together with the motion for default judgment. Failure to do so will result in the striking of any subsequent motion for attorney’s fees and costs absent a showing of good cause.

Judge Anne Hwang

CRITICALCivil cases

Applies to: Order
Must include: notice of electronic filing

Plaintiff counsel must serve this order on all defendants; removing defendant must serve if case was removed.

10. NOTICE OF THIS ORDER: Counsel for plaintiff is responsible for promptly serving a copy of this Order on all defendants’ counsel. If this case came to the Court via removal, the removing defendant shall promptly serve a copy of this Order on all parties of record.

Judge Christina A. Snyder

CRITICALCivil cases

Applies to: Proposed order
Must include: proposed order

Proposed orders must be emailed to CAS_Chambers@cacd.uscourts.gov in Word or WordPerfect format.

In addition, counsel shall email any and all proposed orders to the Courtroom Deputy Clerk in “Word” or “WordPerfect” format to CAS_Chambers@cacd.uscourts.gov.

Judge Christina A. Snyder

CRITICALCivil cases

Applies to: Discovery plan

Counsel are reminded of their obligations to disclose information and confer on a discovery plan not later than 21 days prior to the date of the Fed. R. Civ. P. 16(b) scheduling conference and to report to the Court not later than 14 days after they confer on a discovery plan and the other matters required by Fed. R. Civ. P. 26(f) and the Local Rules of this Court.

Judge Christina A. Snyder

CRITICALCivil cases

Applies to: Brief

References to filed documents must include citations.

References to documents or evidence filed with the Court shall include a citation to the

Judge Consuelo B. Marshall

CRITICALCivil cases

Memoranda over 10 pages require Table of Authorities and Table of Contents.

Pursuant to Local Rule 11-8, all Memoranda of Points and Authorities exceeding ten (10) pages must be accompanied by a Table of Authorities and a Table of Contents.

Judge Consuelo B. Marshall

CRITICALCivil cases

Applies to: Rule 26f meeting
Must include: personal meeting

Counsel must meet personally under FRCP 26(f) before court-ordered scheduling conference.

Counsel for the parties shall meet personally pursuant to Federal Rule of Civil Procedure 26(f) and applicable Local Rules in anticipation of the court-ordered scheduling conference.

Judge Consuelo B. Marshall

CRITICALCivil cases

Applies to: Proceeding
Must include: lead counsel attendance

Lead trial counsel must attend all proceedings including status and settlement conferences.

Lead trial counsel shall attend any proceeding before this Court, including all status and settlement conferences.

Judge Consuelo B. Marshall

CRITICALCivil cases

Applies to: Ex parte application
Must include: judge name

Ex parte applications only for extraordinary relief; must comply with LR 7-19.

Counsel are reminded ex parte applications are solely for extraordinary relief. Applications that do not meet the requirements set forth in Local Rules 7-19 will not be considered. The Court considers ex parte applications on the papers and usually does not set these matters for hearing.

Judge Consuelo B. Marshall

CRITICALCivil cases

Applies to: Proposed order
Must include: judge name, case number, proposed order

Proposed orders required with motions; must include relief and rationale with citations.

Each party filing or opposing a motion or seeking the determination of any matter shall serve and lodge a Proposed Order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. A party objecting to evidence shall similarly lodge a Proposed Order setting forth the specific evidence and basis for the objection(s). All Proposed Orders shall be submitted via e-mail to

Judge Consuelo B. Marshall

CRITICALCivil cases

Applies to: Joint rule 26f report
Must include: timely filing

Joint Rule 26(f) Report must be filed no later than 7 days before Scheduling Conference.

Unless otherwise ordered, no later than seven (7) days before the Scheduling Conference, counsel shall file a Joint Report of Rule 26(f) Meeting.

Judge Consuelo B. Marshall

CRITICALCivil cases

Applies to: Complaint
Must include: proof of service

Plaintiff must serve Complaint under FRCP 4 and comply with Local Rule 5-3 for proofs of service.

The Plaintiff shall promptly serve the Complaint in accordance with Federal Rule of Civil Procedure 4 and shall comply with Local Rule 5-3 with respect to all proofs of service.

Judge Consuelo B. Marshall

CRITICALCivil cases

Applies to: Judicial notice
Must include: case number

Parties must identify adjudicative facts when requesting judicial notice under FRCP 201.

Requests for Judicial Notice: Parties requesting judicial notice shall identify the adjudicative fact(s) for which it seeks notice pursuant to Federal Rule of Civil Procedure 201.

Judge Consuelo B. Marshall

CRITICAL

Applies to: General

All parties must be familiar with FRCP, Local Rules, and Court's standing orders.

all parties or their counsel, including pro se (people without an attorney) litigants,2 are ordered to be familiar with the Federal Rules of Civil Procedure, the Local Rules of the Central District of California (“Local Rules”), and this Court’s standing orders, online procedures, and schedules.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint appendix of objections

JAO must be a single separate document with a three-column table of evidentiary objections.

The parties shall prepare a Joint Appendix of Objections (JAO) containing any evidentiary objections in a single, separate document presented in a three-column table as follows:

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Jury instructions
Must include: disputed instructions, joint agreed upon proposed

Structured timeline for jury instruction meet-and-confer process.

The parties shall meet and confer regarding jury instructions according to the following schedule: Thirty-five (35) days before the FPTC: The parties shall exchange proposed general and special jury instructions. Twenty-eight (28) days before the FPTC: The parties shall exchange any objections to the instructions. Twenty-one (21) days before the FPTC: The parties shall meet and confer with the goal of reaching agreement on one set of Joint Agreed Upon Proposed Jury Instructions. Fourteen (14) days before FPTC: The parties shall file their (1) Joint Agreed Upon Proposed Jury Instructions and their (2) Disputed Jury Instructions.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Evidence

All evidence must be included in the JAE, not in memoranda or other documents.

No evidence should be attached to a memorandum of points and authorities or included anywhere other than in the JAE.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Proposed final pretrial conference order

Parties must use the Proposed FPTCO template available on Judge Valenzuela’s webpage.

A template for the Proposed FPTCO is available on Judge Valenzuela’s webpage. The parties must use this template.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedure

Documents must be provided to Court and opposing counsel before being shown to witnesses.

No document shall be placed before a witness unless a copy has been provided to the Court and opposing counsel.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Witness list

Witness lists must include testimony description, uniqueness, and time estimates.

The lists must include for each witness: (i) a brief description of the testimony; (ii) the reasons the testimony is unique and not redundant; and (iii) a time estimate in hours for direct and cross-examination.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Proposed order

Proposed orders must use court template and include all requested relief.

The parties must use the template for proposed orders available on Judge Valenzuela’s Procedures and Schedules page on the Court’s website. The proposed order must include the entire relief the parties seek. Failure to email a proposed order in Word format using the Court’s template may result in the Court striking the motion, application, or stipulation without consideration of the request on its merits.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Voir dire questions
Must include: judge name

Case-specific voir dire questions due 14 days before FPTC.

The parties may file any proposed case-specific voir dire questions for the Court’s consideration at least fourteen (14) days before the FPTC. If it considers the questions proper, the Court will include them in the written questionnaire.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Sentencing memorandum
Must include: notice of intent not to file

Sentencing memoranda or notice of intent due 14 days before hearing.

No later than fourteen (14) days before the hearing, each party shall submit either a sentencing memorandum or a written notice of intent not to file one.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedures

Sidebar conferences generally not permitted for evidentiary objections; anticipate issues and schedule hearings when jury is not present

Sidebar conferences are generally not permitted at the request of counsel for evidentiary objections, especially for issues that could have been anticipated. Counsel should anticipate significant issues and schedule a hearing when the jury is not waiting—e.g., before the jurors arrive or after they leave for the day.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedures

Counsel must adhere to Central District of California Civility and Professionalism Guidelines

The Court expects counsel to act in a courteous, reasonable, and professional manner. The Court expects that counsel will adhere strictly to the Central District of California's Civility and Professionalism Guidelines. See https://www.cacd.uscourts.gov/attorneys/admissions/civility-and-professionalism-guidelines.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: General

All parties must be familiar with this Order, Federal Rules of Criminal Procedure, Local Criminal Rules, Local Civil Rules, Court’s online Procedures and Schedules, and governing law.

Both the Court and the parties’ counsel bear responsibility for the progress of this action. To ensure the just determination of this action, “to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay,” Fed. R. Crim. P. 2, all parties or their counsel, including pro se (without an attorney) defendants,2 are ordered to be familiar with this Order, the Federal Rules of Criminal Procedure, the Local Criminal Rules, the Local Civil Rules, this Court’s online Procedures and Schedules, and the law governing the issues in this case.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Physical evidence

Physical evidence must be lodged separately from the JAE.

Physical evidence (e.g., video recordings) shall be lodged separately.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint brief
Must include: signature blocks, certificate of compliance

The moving party should include a Certificate of Compliance regarding its portions of the joint brief. See Local Rule 11-6.2.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Brief
Must include: local rule certificate

All briefs must include Certificate of Compliance per Local Civil Rule 11-6.2.

All submitted briefs must be accompanied by a Certificate of Compliance as set forth in Local Civil Rule 11-6.2.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedure

Counsel must inform Courtroom Deputy Clerk of exhibit agreements and exhibits received without motion.

Counsel must inform the Courtroom Deputy Clerk of any agreements reached regarding any proposed exhibits, as well as those exhibits that may be received into evidence without a motion to admit.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial memorandum

Government trial memorandum must include factual summary, charges, time estimate, and legal discussion.

The government’s trial memorandum shall set forth: (i) a factual summary of the government’s case-in-chief; (ii) a statement of the charges and the elements of each charge; (iii) a time estimate of the length of the government’s case-in-chief, including anticipated cross-examination; and (iv) a discussion of relevant legal and evidentiary issues as applied to the facts of the particular case.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Proposed findings conclusions
Must include: judge name, case number

Proposed Findings of Fact and Conclusions of Law due 28 days before FPTC.

For any trial requiring findings of fact and conclusions of law, each party shall file and serve on the opposing party, no later than twenty-eight (28) days before the FPTC, its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Exhibit list

Exhibits must be numbered sequentially (1, 2, 3, etc.).

Exhibits shall be numbered sequentially 1, 2, 3, etc., not 1.1, 1.2, 1.3, etc. See Local Civil Rule 16-6.

Judge Cynthia Valenzuela

CRITICALCivil cases

Parties must meet and confer on all trial issues before seeking court ruling.

The parties must continue to meet and confer on all issues that arise during trial. The Court will not rule on any such issue unless the parties have attempted to resolve it first.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Jury instructions

Counsel also shall list the instructions in the order they will be given and indicate whether the instruction should be read before opening statements, during trial, or before closing arguments.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint verdict form

Joint verdict form required 14 days before FPTC; competing forms with redlines if no agreement.

The parties shall make every effort to agree on a general verdict form before submitting proposals to the Court, and shall file a proposed joint general verdict form fourteen (14) days before the FPTC. If the parties are unable to agree on a verdict form, the parties shall file one document titled "Competing Verdict Forms" which shall include: (i) the parties' respective proposed verdict form; (ii) a "redline" of any disputed language; and (iii) the factual or legal basis for each party's respective position.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Attorney fees opposition

Opposing parties must specify objections to attorney fees requests using the Court’s prescribed table format.

An opposing party shall specify its objections to the fee requests and time spent in the form set forth below: Attorney Date Description Time Reduce Objection Reason for Challenged By Objection Attorney 1/1/25 T/C with 3.0 3.0 Vague Fails to A consultant articulate who the consultant was and what the conversation concerned. Attorney 1/10/25 Research 2.5 2.3 Excessive Notice of B Notice of Related Related Cases Cases is a form document. Attorney 1/20/25 Calendared 1.3 1.3 Clerical Attorney C Dates Work cannot charge for clerical work.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Jury instructions
Must include: source citation, most recent version, modifications to fit case

Sources: 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 the case. Where California law applies, the parties should use the current edition of the Judicial Council of California Civil Jury Instructions ("CACI"). If neither applies, the parties should consult the current edition of O'Malley, et al., Federal Jury Practice and Instructions. The parties may submit alternatives to these instructions only if there is a reasoned argument that they do not properly state the law or are incomplete. The Court seldom gives instructions derived solely from case law.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Pretrial documents
Must include: witness lists, motions in limine, joint exhibit list +1 more

The schedule for filing pretrial documents is as follows: At least twenty-eight (28) days before the FPTC: Motions in Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint appendix of facts

JAF Column 2 must contain plain, non-compound, separate facts; no legal arguments or conclusions; no repetition, with first reference incorporated by reference.

Column No. 2. The second column shall contain a plain statement of the fact.  Facts shall not be compound (e.g., Mike and Jane signed a contract, and Jane mailed the contract in May 2017).  Each fact must be stated separately in its own row as shown below.  Neither legal arguments nor conclusions constitute facts.  Facts shall not be repeated if they relate to multiple claims for multiple elements of proof. The first reference to a fact in the JAF shall serve and—through incorporation by reference—can be cited to support all subsequent claims (e.g., “See JAF 1–5”).

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Jury instructions
Must include: conform to case, do not change standard language, select appropriate bracketed text

Counsel must select appropriate bracketed text and conform instructions to case without changing standard language.

Where language appears in brackets in the model instruction, counsel shall select the appropriate text and eliminate the inapplicable bracketed text. It is counsel’s duty to conform the instructions to the case (e.g., inserting names of defendant(s) or witness(es) to whom the instruction applies and selecting the appropriate bracketed text, but not changing the standard language of the instruction).

Judge Cynthia Valenzuela

CRITICAL

Minimum expectations for counsel: punctuality, civility, no interruptions, no inappropriate gestures.

At a minimum, the Court expects the following from counsel: (1) being punctual and prepared for all Court appearances; (2) being civil and respectful in all oral and written communications with the Court, court personnel, and other parties; (3) refraining from interrupting any person in the courtroom when that person is speaking; (4) refraining from making gestures, facial expressions, or audible comments indicating approval or disapproval of testimony

Judge Cynthia Valenzuela

CRITICAL

Applies to: Glossary

Parties must provide a case-specific glossary for the court reporter covering technical terms, names, and case-specific terminology.

The parties must provide a case-specific glossary for the court reporter that includes applicable medical, scientific, or technical terms, gang terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/agents/departments/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.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Motion
Must include: table of hours and rates

Fee tables must list tasks, hours, rates, and separate calculations if rates changed.

The table shall include a summary of the hours worked by each attorney, organized by attorney. The table shall list all the tasks on which the attorney worked, the hours worked on each task, and the hourly rate of each attorney. If the hourly rate charged by any individual attorney changed while the action was ongoing, the party shall provide separate calculations for the total number of hours the attorney spent in connection with each task at each hourly rate.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Verdict form
Must include: caption

Parties must agree on verdict form or file competing forms with redlines and legal basis.

The parties shall make every effort to agree on a verdict form before submitting proposals to the Court. If the parties are unable to agree on a verdict form, the parties shall file and email to Chambers (CV_Chambers@cacd.uscourts.gov) one document titled “Competing Verdict Forms” which shall include: (1) the parties’ respective proposed verdict form; (2) a redline of any disputed language; and (3) the factual or legal basis for each party’s respective position.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Discovery document

Discovery documents must include “DISCOVERY MATTER” in caption

All discovery-related documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Trial exhibits
Must include: exhibit list

Three sets of trial exhibit binders and USB drive required on first day of trial.

The parties must present the following materials to the Courtroom Deputy Clerk on the first day of trial: 1. The three sets of binders described above, with one (1) original set of trial exhibits for the jury, and two (2) copies of trial exhibits for the Court. 2. The USB flash drive containing electronic versions of all exhibits. 3. Any excerpts of deposition transcripts to be used at trial, either as evidence or for impeachment. These lodged depositions are for the Court's use. The parties must use their own copies during trial.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Jury instructions

Parties must file clean and redline sets of joint agreed and disputed jury instructions.

The parties shall file clean and redline sets of their (1) Joint Agreed Upon Proposed Jury Instructions, and (2) Disputed Jury Instructions.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Attorney fees motion

Attorney fees motions must attach two table-form summaries of attorney hours and billing rates, including task details, hours per task, rates, and separate calculations for rate changes during the case.

Any motion or request for attorney fees shall attach two summaries, in table form, of the hours worked by and billing rate of each attorney with title (i.e., partner, counsel, associate, etc.). The table shall include a summary of the hours worked by each attorney, organized by attorney. The table shall list all the tasks on which the attorney worked, the hours worked on each task, and the hourly rate of each attorney. If the hourly rate charged by any individual attorney changed while the action was ongoing, the party shall provide separate calculations for the total number of hours the attorney spent in connection with each task at each hourly rate.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Standing order
Must include: service

Plaintiff's counsel must serve this order on all parties; removing defendant must serve if removed from state court.

Counsel for Plaintiff(s) shall serve this order immediately on all parties and/or their attorney(s), including any new parties to the action. If this action has been removed from the state court, the defendant who removed the action shall serve this order on all other parties.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Notice of motion
Must include: local rule certificate

The Notice of Motion must contain a statement confirming compliance with Local Rule 7-3's pre-filing meet and confer requirement.

The Notice of Motion must include a statement of compliance with Local Rule 7-3.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Ex parte application

Ex parte applications are only for extraordinary relief; misuse may result in sanctions.

Ex parte applications are solely for extraordinary relief and should be used with discretion. Sanctions may be imposed for misuse of ex parte applications.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint appendix of facts

JAF Column 4 must contain opposing party's response with four required elements, citing evidence included in the JAE.

Column No. 4. The fourth column shall contain the opposing party’s response to the fact alleged to be undisputed: (1) stating that the fact is undisputed or disputed, (2) briefly stating why the opposing party disputes the fact, (3) citing with specificity the evidence that refutes the fact, and (4) explaining how the cited evidence refutes the fact; the evidence cited must be included in the JAE.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedures

Speaking objections and guiding witnesses before jury are prohibited

Counsel must not make speaking objections before the jury or otherwise make speeches, restate testimony, or attempt to guide a witness.

Judge Cynthia Valenzuela

CRITICAL

Applies to: All
Must include: email address, telephone number

Counsel must include email and phone on all papers.

Counsel must include on all papers his or her email address and telephone number to facilitate communication with the Courtroom Deputy Clerk.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Amended witness list
Must include: chambers copy

Amended witness lists must be filed by 5:00 PM Friday before trial.

Any Amended Witness List must be filed by 5:00 p.m. on the Friday before trial and emailed to CV_Chambers@cacd.uscourts.gov in Microsoft Word format.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Ex parte application
Must include: proposed order

All ex parte applications must include a proposed order.

Judge Cynthia Valenzuela

CRITICAL

Applies to: All papers

All papers filed by counsel must include counsel's email address and telephone number.

Counsel must include on all papers his or her email address and telephone number to facilitate communication with the Courtroom Deputy Clerk.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Proposed final pretrial conference order

Proposed FPTCO must be emailed to chambers in Microsoft Word format.

The parties shall email the Proposed FPTCO in Microsoft Word format to chambers at CV_Chambers@cacd.uscourts.gov.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Supplemental brief
Must include: prior leave of court

Supplemental briefs require prior leave of Court.

No supplemental brief shall be filed without prior leave of Court.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint appendix of facts

Parties must prepare JAF in good faith, subject to appropriate sanctions for non-compliance.

Good-Faith Preparation. The parties shall cooperate to prepare the JAF in good faith and otherwise will be subject to appropriate sanctions.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Proposed findings of fact and conclusions of law

Proposed Findings of Fact and Conclusions of Law must be in the format specified in Local Rule 52-3.

For any trial requiring findings of fact and conclusions of law, each party shall file and serve on the opposing party, no later than twenty-eight (28) days before the FPTC, its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Amended exhibit list

Amended exhibit lists must be filed by 5:00 PM Friday before trial.

Any Amended Exhibit List must be filed by 5:00 p.m. on the Friday before trial and emailed to CV_Chambers@cacd.uscourts.gov in Microsoft Word format.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint appendix of facts

JAF Column 1 must contain sequentially numbered undisputed fact numbers, divided into sections by element of proof.

Column No. 1. The first column shall contain the number of the fact alleged to be undisputed. All asserted undisputed facts shall be sequentially numbered and divided into sections according to the element of proof to which the facts relate.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Notice of motion
Must include: local rule certificate

Motion notice must include compliance statement with Local Rule 7-3 and declaration of conference details if hearing needed.

The Notice of Motion must include a statement of compliance with Local Rule 7-3. In addition, if the parties are unable to reach a resolution that eliminates the necessity for a hearing, counsel for the moving party must include a declaration, under penalty of perjury, that sets forth at a minimum the date(s) the conference took place and the position of each party with respect to each disputed issue that will be the subject of the motion.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Proposed final pretrial conference order

Proposed FPTCO must specify which claims or counterclaims have been dismissed or abandoned in the surviving pleadings section.

In specifying the surviving pleadings under section 1, state which claims or counterclaims have been dismissed or abandoned, e.g., “Plaintiff’s second cause of action for breach of fiduciary duty has been dismissed.”

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedures

Counsel must not approach courtroom personnel or jury box without court authorization

Counsel must not approach the Courtroom Deputy Clerk, the jury box, or the witness stand without court authorization and must return to the lectern when the purpose for the approach has been accomplished.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Proposed order
Must include: authority, relief sought, defendant names +1 more

Proposed orders must state relief, affected defendants, rationale/authority, and be in court-originating form without attorney info, watermarks, or firm designations.

Proposed orders must state the relief sought, the defendant(s) affected, and, when relevant, the supporting rationale and authority—and must be submitted in a form that would originate from the Court. Do not include: (a) any attorney information on the caption page; (b) any information in the footer (except pagination); or (c) any watermark or firm designation anywhere.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint appendix of facts

Court will deem a fact undisputed if a party disputes it in bad faith by offering non-contradictory evidence or failing to cite supporting evidence.

If a party disputes a fact in bad faith by offering evidence that does not contradict the proffered fact or by failing to provide a specific citation to the supporting evidence, the Court will deem the fact

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Attachment
Must include: caption

Each attachment must be filed as a separately docketed attachment with clear description.

Each declaration, exhibit, or other attachment accompanying a document must be filed as a separately docketed attachment to the main docket entry with a clear description (e.g., Dkt. 29-1, Smith Decl.; Dkt. 29-2, Ex. 1: Photograph).

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Jury instructions
Must include: order of giving, consecutively numbered index

Joint index required for all proposed jury instructions.

All proposed jury instructions must have a consecutively numbered joint index that lists the instructions in the order they will be given.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint appendix of facts

Parties must provide only material, noncompound facts arranged by relevancy, and not cut and paste from the joint brief's background.

The parties shall provide only material facts, in a noncompound form, arranged according to their relevancy to a particular issue. Do not rotely “cut and paste” from the “Background” of the joint brief.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Exhibit list

Exhibit Lists must: (1) be in the format specified in Local Civil Rule 16-6; (2) include an additional column stating any objections to authenticity and/or admissibility; and (3) state the reasons for the objections. The parties should use the template posted to Judge Valenzuela’s webpage. Exhibits shall be numbered sequentially 1, 2, 3, etc., not 1.1, 1.2, 1.3, etc. See Local Civil Rule 16-6. The list should include defense exhibits to the extent the defense does not object to disclosure.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedures

Parties must meet and confer on all trial issues before seeking court ruling

The parties must continue to meet and confer on all issues that arise during trial. The Court will not rule on any such issue unless the parties have first attempted to resolve it informally.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Opening statements

Opening statements must not discuss law or argue the case

Counsel shall not discuss the law or argue the case in opening statements.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedure

Once they are admitted in evidence, exhibits may be displayed to the jury using the monitors in the courtroom. The Court ordinarily does not permit exhibits to be handed to the jurors in the jury box. In the event an exhibit cannot be displayed properly via the monitors in the courtroom, counsel must secure approval by the Court before handing an exhibit to the jury.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Supplemental memorandum

Supplemental memoranda may not be used to supplement JAF or JAE.

The parties may not use this filing to supplement the JAF or the JAE in any way.

Judge Cynthia Valenzuela

CRITICAL

Applies to: General

Pro se parties must comply with FRCP and Local Rules.

Parties appearing pro se must comply with the Federal Rules of Civil Procedure and the Local Rules. See Local Rules 1-3 and 83-2.2.3.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Supplemental memorandum
Must include: certificate of compliance

Supplemental memoranda must include Certificate of Compliance per Local Rule 11-6.2.

A supplemental brief must be accompanied by a Certificate of Compliance pursuant to Local Rule 11-6.2.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint brief
Must include: signature blocks, certificate of compliance

At this point, the opposing party should sign the joint brief, and include a Certificate of Compliance regarding its portions of the brief. See Local Rule 11-6.2.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint appendix of facts

JAF Column 3 must cite admissible evidence supporting the fact, which must be included in the JAE.

Column No. 3. The third column shall contain a citation to admissible evidence that supports the proffered fact; the evidence cited must be included in the JAE.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Removed action
Must include: notice of interested parties

Removed actions require re-filing state court documents and Notice of Interested Parties.

All documents filed in state court, including documents appended to the complaint, answers, and motions, must be re-filed in this Court as a supplement to the notice of removal. See 28 U.S.C. § 1447(a) and (b). Any pending motions must be re-noticed in accordance with Local Rule 7. Counsel shall file with his or her first appearance a Notice of Interested Parties in accordance with Local Rule 7.1-1.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Motion
Must include: certificate of conference

If parties cannot resolve the dispute after meet and confer, the moving party's counsel must include a perjury declaration detailing conference date(s) and each party's position on disputed issues with the motion, or the motion may be denied.

In addition, if the parties are unable to reach a resolution that eliminates the necessity for a hearing, counsel for the moving party must include a declaration, under penalty of perjury, that sets forth at a minimum the date(s) the conference took place and the position of each party with respect to each disputed issue that will be the subject of the motion. Failure to include such a declaration may result in the motion being denied.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint appendix of facts

If a party disputes a fact in part, the disputing party should state “Disputed in Part,” highlight the disputed part in bold italics, and provide the specific evidentiary support for the dispute (see example above).

Judge Cynthia Valenzuela

CRITICAL

Applies to: Proposed sentencing date

Counsel for both parties shall confer and provide a proposed sentencing date to the courtroom deputy (CRD) upon checking in.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Government materials
Must include: caption, case number

Government must provide 3 copies of indictment, witness list, exhibit list, and all exhibits before trial.

The government must present the following materials to the Courtroom Deputy Clerk before trial begins on the first day: 1. Three (3) copies of the indictment/information; 2. Three (3) copies of the government’s witness list; 3. Three (3) copies of the government’s exhibit list; and 4. All government exhibits in accordance with Section IV.B.3 (“Trial Exhibits”) below.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Supplemental brief

Supplemental briefs may not be filed without prior permission from the Court.

No supplemental brief shall be filed without prior leave of Court.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Declaration

Declarations must contain only admissible facts with no argument; evidence must be properly authenticated.

Declarations shall set out admissible facts without any argument, and evidence must be properly authenticated by stipulation, declaration, or otherwise.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedures

Counsel must use the lectern. Counsel should not consume jury time by writing out words and drawing charts or diagrams. All such aids must be prepared in advance.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Jury instructions
Must include: index in order given, consecutively numbered joint index, include disputed instructions in index +1 more

Joint index with consecutive numbering required for all proposed jury instructions, including disputed ones.

All proposed jury instructions must have a consecutively numbered joint index that lists the instructions in the order they will be given. Disputed instructions should be included in the index. The Court will renumber the jury instructions once they are finalized. The joint index should include (i) the number of the instructions; (ii) a brief title of the instruction; (iii) the source of the instruction;

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedure

When referring to an exhibit, counsel must refer to its exhibit number. Counsel should instruct their witnesses to do the same. Counsel should make every effort to correctly identify for the record the exhibit being referred to and should use specific descriptions when directing witnesses to identify items within the exhibit

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedure

Unmarked exhibits must be requested for identification and shown to opposing counsel before court session.

Any exhibit not previously marked must be accompanied by a request that it be marked for identification at the time of its first mention. Counsel must show a new exhibit to opposing counsel before the court session in which it is mentioned.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Evidence

Parties may only submit evidence necessary to support or controvert undisputed facts, not entire source documents.

No party shall submit evidence other than the specific evidence necessary to support or controvert a proposed statement of undisputed fact. Do not, for example, submit the entire deposition transcripts or an entire set of interrogatory responses when relying on only a portion thereof.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Ex parte application
Must include: proposed order

Ex parte applications must include a proposed order.

All ex parte applications must include a proposed order.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Jury instructions

Counsel must select appropriate bracketed text and conform jury instructions to the case without changing standard language.

Where language appears in brackets in the model instruction, counsel shall select the appropriate text and eliminate the inapplicable bracketed text. It is counsel’s duty to conform the instructions to the case (e.g., inserting names of defendant(s) or witness(es) to whom the instruction applies and selecting the appropriate bracketed text, but not changing the standard language of the instruction).

Judge Cynthia Valenzuela

CRITICAL

Applies to: Trial memorandum

Government trial memoranda must include specified factual, legal, and procedural content, and indicate party agreement on those points after meet and confer.

The government’s trial memorandum shall set forth: (i) a factual summary of the government’s case-in-chief; (ii) a statement of the charges and the elements of each charge; (iii) a time estimate of the length of the government’s case-in-chief, including anticipated cross-examination; and (iv) a discussion of relevant legal and evidentiary issues as applied to the facts of the particular case. The government shall specify, after a meet and confer, whether the parties agree or disagree on matters (i) through (iv).

Judge Cynthia Valenzuela

CRITICAL

Applies to: Summary judgment motion

In ERISA benefit cases, summary judgment motions will not be heard without an agreed statement of facts; motions on standard of review and administrative record scope are permitted.

Absent an agreed upon statement of facts, the Court will not hear motions for summary judgment. However, the Court will hear motions to determine the standard of review and the scope of the administrative record.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Detention request

If the government intends to request detention of a defendant who is out on bond, it should file a request, stating and applying the applicable standard, at least two days before the hearing.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Supervision violation material
Must include: supporting declaration

Any material submitted for a hearing on an alleged or adjudicated violation of supervision shall be filed, when possible, seven (7) days before the hearing, and otherwise no later than two (2) court days, absent a showing of good cause set forth in a supporting declaration and court approval.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedures

Stipulations require conference with opposing counsel and defendant's personal concurrence

Counsel must not offer a stipulation unless counsel have conferred with opposing counsel and have verified that the stipulation will be acceptable. Any stipulation of fact will require the defendant’s personal concurrence and shall be

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Ex parte application

Opposing party must be served electronically if possible; service complete upon e-filing.

The moving party shall serve the opposing party electronically, if possible. A party is considered served once the ex parte application has been e-filed.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedure

Counsel must return exhibits to Courtroom Deputy Clerk before leaving.

Counsel are responsible for any exhibits they secure from the Courtroom Deputy Clerk and must return them before leaving the courtroom.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Stipulation and proposed order
Must include: proposed order

Counsel must propose a new date by Stipulation and Proposed Order as soon as possible and not later than three (3) days before the scheduled appearance.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Motion
Must include: table of hours and rates

Motions for attorney fees shall be electronically filed and set for hearing according to Local Rule 6-1 and this Order. Any motion or request for attorney fees shall attach two summaries, in table form, of the hours worked by and billing rate of each attorney with title (i.e., partner, counsel, associate, etc.).

Judge Cynthia Valenzuela

CRITICAL

Applies to: Discovery motion
Must include: magistrate judge referral

All discovery matters are referred to the assigned Magistrate Judge

All discovery matters are hereby referred to the assigned Magistrate Judge, who will hear all discovery disputes.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedure

Calling party must ensure witness is ready to resume testimony after recess.

If a witness was on the stand at the time of a recess or adjournment, the party that called the witness shall ensure the witness is back on the stand and ready to proceed as soon as trial resumes.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedures

Special accommodations must be notified to CRD one week before final pre-trial conference

Counsel must notify the CRD one week prior to the final pre-trial conference if a witness or party requires an interpreter or an accommodation under the Americans with Disabilities Act (or for any other reason).

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedures

Counsel must not address witnesses or parties by first names alone, except for minors under 14

Counsel must not address or refer to witnesses or parties by first names alone, except for witnesses who are below age fourteen (14).

Judge Cynthia Valenzuela

CRITICAL

Applies to: Complaint

Plaintiff must serve complaint under FRCP 4 and file proofs of service; unserved defendants dismissed.

Plaintiff shall promptly serve the complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Local Rule 5-3.1. Any defendant not timely served under Fed. R. Civ. P. 4(m), including “Doe” or fictitiously named defendants, shall be dismissed from the action.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Jury instructions redline

Redline sets of jury instructions must include modifications, disputed language, and factual/legal basis.

The redline sets shall include all modifications made by the parties to pattern or model jury instructions, any disputed language, and the factual or legal basis for each party’s position as to each disputed instruction.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Exhibit list

Exhibit lists must follow Local Civil Rule 16-6 format and include objections.

Exhibit Lists must: (1) be in the format specified in Local Civil Rule 16-6; (2) include an additional column stating any objections to authenticity and/or admissibility; and (3) state the reasons for the objections.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Deposition excerpt

Multiple parties' excerpts of the same deposition must be combined into a single exhibit.

When multiple parties wish to produce different excerpts of the transcript of the same deposition, the excerpts shall be combined into a single exhibit containing all pages to which either party cites.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Competing verdict forms

Parties must file a document titled 'Competing Verdict Forms' if they cannot agree on a verdict form.

If the parties are unable to agree on a verdict form, the parties shall file and email to Chambers (CV_Chambers@cacd.uscourts.gov) one document titled “Competing Verdict Forms” which shall include: (1) the parties’ respective proposed verdict form; (2) a redline of any disputed language; and (3) the factual or legal basis for each party’s respective position.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Jury instructions
Must include: indicate timing of instruction, list instructions in order given

Counsel must list instructions in order given and indicate timing (before opening, during trial, or before closing).

Counsel also shall list the instructions in the order they will be given and indicate whether the instruction should be read before opening statements, during trial, or before closing arguments.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Ex parte travel application
Must include: payment information

Ex parte travel applications by defendants with appointed counsel must indicate who pays for travel expenses.

Applications by defendants with appointed counsel must indicate who will pay for the travel and related expenses.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Motion
Must include: certificate of conference

Moving party must include a perjury declaration with meet and confer dates and party positions on disputed issues if no resolution is reached; failure to do so may result in motion denial.

In addition, if the parties are unable to reach a resolution that eliminates the necessity for a hearing, counsel for the moving party must include a declaration, under penalty of perjury, that sets forth at a minimum the date(s) the conference took place and the position of each party with respect to each disputed issue that will be the subject of the motion. Failure to include such a declaration may result in the motion being denied.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Deposition designations
Must include: objections

Deposition designations must be filed 14 days before final pre-trial conference or lodged on first day of trial; untimely filing may result in exclusion.

Any party intending to use a deposition for impeachment or in lieu of live testimony must (a) file the deposition designations together with objections 14 days before the Final Pre-trial Conference if there are any objections or disputes requiring a ruling by the Court or (b) lodge the original deposition with the CRD on or before the first day of trial if there are no disputes. The untimely filing of the original deposition may result in exclusion.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Motion

Failure to meet deadlines may result in Court declining to consider untimely documents.

Failure to comply with these deadlines may result in the Court declining to consider the untimely memorandum or other document. Local Criminal Rule 57-1; Local Civil Rule 7-12.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Trial exhibit

Parties must submit a USB flash drive with electronic versions of all trial exhibits, with separate folders for plaintiff and defendant exhibits, and file names including the exhibit number and a brief description.

The parties must also submit to the Court a USB flash drive containing electronic versions of all exhibits. Plaintiff’s exhibits must be placed in a separate folder from Defendant’s exhibits, and the document file names must include the exhibit number and a brief description of the document, for example: “Ex. 1 - Smith Declaration.pdf” or “Ex. 105 - Letter Dated 1-5-20.pdf.”

Judge Cynthia Valenzuela

CRITICAL

Applies to: All filings
Must include: caption

Every filing must contain a captioned title with specific defendant information, registration numbers when applicable, and case milestone dates.

The captioned title of every filing shall contain: a. the name of the first-listed defendant as well as the name(s) and number(s) (in the order listed in the Indictment) of the particular defendant(s) to whom the filing applies, unless the document applies to all defendants; b. the individual defendant's registration number when applicable to the relief requested (e.g., requests for transfer, medical requests); and c. the milestone dates for Indictment, Final Pretrial Conference, Trial, and Last Day of the speedy trial period.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Jury instructions
Must include: joint agreed upon proposed

Joint jury instructions must be filed 14 days before FPTC.

Joint agreed upon proposed jury instructions must be filed no later than fourteen (14) days prior to the FPTC.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Ex parte application

Ex parte applications must conform to Local Rules 7-19 and 7-19.1 including opposing counsel position statement.

Ex parte applications that fail to conform to Local Rules 7-19 and 7-19.1, including a statement of opposing counsel’s position, will not be considered except upon a specific showing of good cause.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint appendix of evidence

JAE must contain a table of contents.

The JAE shall include a table of contents.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Disputed jury instructions
Must include: proponent response, opponent objection basis, opponent supporting authority +2 more

Opponent must state objection basis, authority, and alternative on separate page; proponent responds on following page.

For any disputed instruction, the opponent shall state on a separate page following the disputed instruction: (a) the basis for the objection; (b) authority supporting the objection; and (c) an alternative instruction (if applicable). On the following page, the proponent shall briefly respond to the objection with supporting authority.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Proposed order
Must include: proposed order

Proposed orders for continuance or extension requests must be in Word format, emailed to chambers on the day of e-filing, and include all relief sought by the parties.

A proposed order in Word format must be emailed directly to the Court’s chambers email address at CV_Chambers@cacd.uscourts.gov on the day the document is e-filed. The proposed order must include the entire relief the parties seek.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: JAF

Joint brief must be accompanied by a JAF (table of undisputed/disputed facts), which supersedes Local Rules 56-1-56-3, eliminating need for separate Statement of Uncontroverted Facts.

The joint brief shall be accompanied by a single statement of undisputed and disputed facts contained in a JAF presented in a table. This Court’s requirements for the JAF supersede the requirements in Local Rules 56-1, 56-2, and 56-3 for a “Statement of Uncontroverted Facts,” which the parties need not additionally file.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Withdrawal

Corporations/entities must be represented by counsel; withdrawal requires warning about dismissal/default.

Only individuals may represent themselves. A corporation or other entity must be represented by counsel. If counsel seeks to withdraw, counsel must advise the entity of the dire consequences of failing to obtain substitute counsel before seeking withdrawal—i.e., a plaintiff entity’s case will be dismissed or a defendant entity will default. See Local Rule 83-2.3.4.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint brief

Joint briefs must be accompanied by a separate JAE appendix of evidence.

The joint brief shall be accompanied by a JAE—i.e., a separate, tabbed appendix of all evidence in support of or opposition to the MSJ, including declarations, deposition excerpts, documents, photographs, etc.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Motion
Must include: proposed order

Parties filing or opposing a motion or seeking determination of any matter must serve and electronically lodge a proposed order.

Each party filing or opposing a motion or seeking the determination of any matter shall serve and electronically lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Jury instructions
Must include: clean set, redline set, modifications marked +2 more

Parties must file clean and redline sets of joint agreed and disputed jury instructions with modifications and legal basis.

The parties shall file clean and redline sets of their (1) Joint Agreed Upon Proposed Jury Instructions, and (2) Disputed Jury Instructions. The redline sets shall include all modifications made by the parties to pattern or model jury instructions, any disputed language, and the factual or legal basis for each party’s position as to each disputed instruction.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint appendix of facts

Parties must cooperatively identify a single set of undisputed facts to avoid duplication or confusion.

The parties shall work cooperatively to identify a single set of facts alleged to be undisputed to avoid unnecessary duplication or confusion.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedure

Counsel must track exhibits and record admission into evidence.

Counsel must keep track of their exhibits and exhibit list, and record when each exhibit has been admitted into evidence.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Brief
Must include: local rule certificate

All submitted briefs must include a Certificate of Compliance per Local Civil Rule 11-6.2.

All submitted briefs must be accompanied by a Certificate of Compliance as set forth in Local Civil Rule 11-6.2.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Jury instructions index

Proposed jury instructions must have a consecutively numbered joint index with specific required elements.

All proposed jury instructions must have a consecutively numbered joint index that lists the instructions in the order they will be given. Disputed instructions should be included in the index. The Court will renumber the jury instructions once they are finalized. The joint index should include (i) the number of the instructions; (ii) a brief title of the instruction; (iii) the source of the instruction;

Judge Cynthia Valenzuela

CRITICAL

Applies to: Witness list

Witness lists must identify all potential witnesses and must be in the format specified in Local Civil Rule 16-5. If the defense objects to identifying a potential witness (not already on the government’s list), the objection must be raised at the final pre-trial conference. The lists must include for each witness: (i) a brief description of the testimony; (ii) the reasons the testimony is unique and not redundant; and (iii) a time estimate in hours for direct and cross-examination. The parties should use the template posted to Judge Valenzuela’s webpage.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Motion
Must include: proposed order

Proposed orders must be emailed to chambers in Word format on filing day.

Each party filing or opposing a motion or seeking the determination of any matter shall serve and electronically lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations. In addition, a copy of the proposed order in Word format shall be emailed directly to the Court’s chambers email address at CV_Chambers@cacd.uscourts.gov on the day the document is e-filed.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint brief
Must include: notice of motion

Joint brief must be accompanied by Notice of Motion and Motion for Summary Judgment, and calendared per Local Rules by hearing cutoff.

The joint brief shall be accompanied by a Notice of Motion and Motion for Summary Judgment and shall be calendared pursuant to the Local Rules on an available date no later than the motion hearing cutoff in the case management order.

Judge Cynthia Valenzuela

CRITICAL

Applies to: All

All case law citations must follow Bluebook style and include specific page references for quoted language or language cited in support of a proposition.

Bluebook style is required. Citations to case law must identify not only the case cited, but the specific page referenced. For example, if a quotation is presented, the associated page citation shall be provided. Similarly, if a case is cited in support of a proposition based on language in the opinion, the page on which such language appears shall be provided.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Witness list

Witness lists must follow Local Civil Rule 16-5 format and identify all potential witnesses.

Witness lists must identify all potential witnesses and must be in the format specified in Local Civil Rule 16-5. If the defense objects to identifying a potential witness (not already on the government’s list), the objection must be raised at the final pre-trial conference.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Proposed order

Proposed orders must include the relief sought, affected defendants, relevant supporting rationale and authority, and be submitted in a court-originating form.

Proposed orders must state the relief sought, the defendant(s) affected, and, when relevant, the supporting rationale and authority—and must be submitted in a form that would originate from the Court.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Form pleading
Must include: certificate of service

Form pleadings in removed actions must be revised to comply with FRCP within 30 days.

If an action removed to this Court contains a state court Judicial Council form pleading (i.e., a pleading in which a party selects claims or defenses by checking boxes), the party that filed the form pleading must file a revised pleading that complies with Fed. R. Civ. P. 7, 7.1, 8, 9, 10 and 11, within thirty (30) days of receipt of the Notice of Removal.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedure

Only one attorney may conduct examination or make objections for a particular witness.

Where a party has more than one lawyer, only one attorney may conduct the direct or cross-examination of a particular witness or make objections as to that witness.

Judge Cynthia Valenzuela

CRITICAL

Applies to: All

Bluebook style is required. Statutory references must identify with specificity the sections and subsections referenced. Citations to treatises, manuals, and other materials should include the volume, section, and pages being referenced.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint appendix of facts

The JAF should be as narrow and concise as the issues on summary judgment properly warrant.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Stipulation
Must include: proposed order

For all other conflicts, Counsel should attempt to agree on a new date to accommodate the calendar conflict. Counsel must propose a new date by Stipulation and Proposed Order as soon as possible and not later than three (3) days before the scheduled appearance.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Proposed final pretrial conference order

Proposed FPTCO must include agreed uncontested facts, factual issues as ultimate facts, and legal issues for the Court to rule on.

The parties must attempt to agree on and set forth as many uncontested facts as possible. In drafting the factual issues in dispute, the parties must state issues as ultimate facts, rather than evidentiary facts. Issues of law should state legal issues on which the Court will be required to rule during the trial and should not list ultimate fact issues to be submitted to the trier of fact.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Amended witness list

Amended witness lists must be filed by 5:00 PM Friday before trial.

Any Amended Witness List must be filed by 5:00 p.m. on the Friday before trial and emailed to CV_Chambers@cacd.uscourts.gov in Microsoft Word format.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Witness lists
Must include: chambers copy

Multiple trial documents must be emailed to chambers in Word format on due date.

The parties shall email copies of: (1) the Witness Lists, (2) the Joint Exhibit List, (3) the Joint Proposed FPTCO, (4) the Joint Agreed Upon Proposed Jury Instructions, (5) the Disputed Proposed Jury Instructions, (6) Joint Proposed Verdict Forms, and (7) Proposed Voir Dire Questions, including any amended documents, in Microsoft Word format to chambers the day they are due to Chambers at: CV_Chambers@cacd.uscourts.gov.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedures

Counsel must rise when addressing court or when court/jury enters or leaves

Counsel must rise when addressing the Court and when the Court or the jury enters or leaves the courtroom, unless directed otherwise.

Judge Cynthia Valenzuela

CRITICAL

Counsel must review and comply with Civility and Professionalism Guidelines.

All counsel who appear in this action must immediately review and comply with the Civility and Professionalism Guidelines, which can be found on the Court’s website at http://www.cacd.uscourts.gov/attorneys/admissions/civility-and-professionalism-guidelines.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial exhibits

Exhibits cannot be shown to jurors before admission into evidence.

The Court does not permit exhibits to be “published” to the jurors before they are admitted into evidence. Once admitted, exhibits may be displayed electronically

Judge Cynthia Valenzuela

CRITICAL

Applies to: Jury instructions disputed

For disputed jury instructions, opponent must state objection basis, authority, and alternative; proponent must respond; instructions should be organized by subject.

For any disputed instruction, the opponent shall state on a separate page following the disputed instruction: (a) the basis for the objection; (b) authority supporting the objection; and (c) an alternative instruction (if applicable). On the following page, the proponent shall briefly respond to the objection with supporting authority. Where appropriate, the disputed instructions shall be organized by subject, so that instructions that address the same or similar issues are presented sequentially.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Notice of motion
Must include: local rule certificate

Motion notice must include LR 7-3 compliance statement and declaration of conference details if hearing needed.

The Notice of Motion must include a statement of compliance with Local Rule 7-3. In addition, if the parties are unable to reach a resolution that eliminates the necessity for a hearing, counsel for the moving party must include a declaration, under penalty of perjury, that sets forth at a minimum the date(s) the conference took place and the position of each party with respect to each disputed issue that will be the subject of the motion. Failure to include such a declaration may result in the motion being denied.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Joint brief

Parties must submit a single joint brief for all summary judgment/adjudication motions, organized issue-by-issue with moving party's argument/JAF citation followed by opposition's response/JAF citation.

The parties shall work cooperatively to submit a single joint brief for all motions for summary judgment or adjudication (MSJs) brought by all moving parties. The joint brief shall be organized by issue, presenting the parties’ competing positions on an issue-by-issue basis. For each issue, the moving party shall present legal argument and citation to the Joint Appendix of Facts (JAF), see infra, followed immediately by the opposition’s response that similarly must be supported by legal argument and citation to the JAF.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial preparation
Must include: exhibit list, witness list, trial memorandum +4 more

Government must file trial documents 1 week before final pretrial conference.

No later than one (1) week before the Final Pretrial Conference, the government shall file and email the documents described below in Microsoft Word format to CV_Chambers@cacd.uscourts.gov:

Judge Cynthia Valenzuela

CRITICAL

Applies to: Discovery related document
Must include: caption

All discovery-related documents must include the phrase 'DISCOVERY MATTER' in the caption.

All discovery-related documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Motion for default judgment

Motions for default judgment must include a showing of both subject matter and personal jurisdiction.

A motion for default judgment must include a showing of both subject matter jurisdiction and personal jurisdiction.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Proposed final pretrial conference order
Must include: proposed order

Proposed Final Pretrial Conference Order must be filed 14 days before FPTC.

The parties must file a proposed Final Pretrial Conference Order (“Proposed FPTCO”) at least fourteen (14) days before the FPTC.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Amended joint exhibit list
Must include: chambers copy

Amended joint exhibit lists must be filed by 5:00 PM Friday before trial.

Any Amended Joint Exhibit List must be filed by 5:00 p.m. on the Friday before trial and emailed to CV_Chambers@cacd.uscourts.gov in Microsoft Word format.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Jury instructions
Must include: use ninth circuit model instructions, case law only instructions discouraged, alternatives only with reasoned argument +2 more

Sources: When possible, all instructions must be taken from the Manual of Model Criminal Jury Instructions for the Ninth Circuit (West Publishing Co., current edition). Where no applicable Ninth Circuit model instruction is available, counsel should consult the instructions from O'Malley, Grenig & Lee (formerly Devitt, et al.), Federal Jury Practice and Instructions (West Publishing Co., current edition). When submitting instructions other than Ninth Circuit model instructions, counsel should ensure the law on which the instruction is based is consistent with Ninth Circuit case law on the subject. Counsel may submit alternatives to the Ninth Circuit model jury instructions or O'Malley, Grenig & Lee instructions only if counsel has a reasoned argument that those instructions do not properly state the law or are incomplete. The Court seldom gives instructions derived solely from case law.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Case specific glossary
Must include: slang, case names, city names +11 more

Parties must provide case-specific glossary for court reporter with technical terms, names, and case-specific terminology.

The parties must provide a case-specific glossary for the court reporter that includes applicable medical, scientific, or technical terms, gang terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/agents/departments/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.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Opposition
Must include: fee objection table

Opposing parties must object to fee requests using the specified table format.

An opposing party shall specify its objections to the fee requests and time spent in the form set forth below:

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Audio exhibits
Must include: transcript

Exhibits consisting of audio recordings should be accompanied by appropriate transcripts to assist the trial participants in following along. The party seeking to admit an audio recording should provide transcripts to the opposing party well in advance of trial and, during trial, to the Court, court reporter, each juror, and opposing counsel before the audio recording is played.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Doe defendant
Must include: certificate of service

Plaintiff must identify and serve Doe defendants before scheduling conference deadline.

Plaintiff must identify and serve any fictitiously named or Doe defendant(s) before the deadline set forth in the Court’s Order Setting Scheduling Conference.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Jury instructions
Must include: clean version, redline version, disputed language +2 more

Parties must file both clean and redline versions of jury instructions.

The parties shall file clean and "redline" sets of their (1) Joint Agreed Upon Proposed Jury Instructions, and (2) Disputed Jury Instructions. The "redline" sets shall include all modifications made by the parties to pattern or model jury instructions, any disputed language, and the factual or legal basis for each party's position.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Discovery motion

All discovery motions must include particularity of the request, basis, prior request status, and opposing counsel's response.

All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery at issue has been requested, and opposing counsel’s response to such request.

Judge Cynthia Valenzuela

CRITICAL

Applies to: Notice of motion
Must include: local rule certificate

Notice of Motion must contain a statement confirming compliance with Local Rule 7-3 (pre-filing meet and confer requirement).

The Notice of Motion must include a statement of compliance with Local Rule 7-3.

Judge Cynthia Valenzuela

CRITICALCivil cases

Applies to: Direct testimony declarations
Must include: judge name, case number

Direct testimony declarations due 28 days before FPTC when ordered by Court.

When ordered by the Court in a particular case, each party shall, at least twenty-eight (28) days before the FPTC, file declarations containing the direct testimony of each witness whom that party intends to call at trial.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: General

All parties shall docket items only as to the particular defendant(s) to whom the

Judge Cynthia Valenzuela

CRITICAL

Applies to: Joint status report

Joint Status Reports must not disclose settlement positions, must describe informal resolution efforts if no settlement is reached, and must include the mediator's name.

The Joint Status Report shall not disclose the parties’ settlement positions, i.e., the terms of any offers or demands. If the parties were unable to reach a settlement, the Status Report shall describe the efforts made by the parties to resolve the dispute informally, i.e., the occasions and dates when the parties participated in mediation or settlement conferences. The Status Report shall also include the name of the mediator who assisted the parties with their settlement conference.

Judge Cynthia Valenzuela

CRITICALCivil cases

Counsel must not make speaking objections before the jury or otherwise make speeches, restate testimony, or attempt to guide a witness. When objecting, counsel must rise to state the objection and state only that counsel objects and the legal grounds for the objection. If counsel desires to argue an objection further, counsel must seek permission from the Court to do so.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Defense materials
Must include: caption, case number

Defense must email witness/exhibit lists to Chambers and provide to government/deputy clerk at start of defense case.

The Court prefers the defense counsel deliver defense exhibits to the Courtroom Deputy Clerk on the first day of trial, but counsel are not required to do so unless these exhibits have previously been provided to the government. Defense counsel shall provide the government and the Courtroom Deputy the defense witness list and exhibit list at the start of the defense case, at the latest. Defense counsel shall also simultaneously email CV_Chambers@cacd.uscourts.gov a Microsoft Word version of the defense witness list and defense exhibit list.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Trial procedures

Counsel must address all remarks to the Court, not to other courtroom personnel

Counsel must address all remarks to the Court. Counsel must not address the Courtroom Deputy Clerk, the court reporter, persons in the audience, or opposing counsel.

Judge Cynthia Valenzuela

CRITICALCriminal cases

Applies to: Witness list

Government must submit witness list in Word format to Chambers email by noon Thursday before trial.

Counsel for the government shall provide to the courtroom deputy clerk (CRD) the following (electronically and in paper form): a. The government's witness list, which shall be sent in Word format to the Chambers email box no later than noon on the Thursday before trial;

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Joint rule 26f report
Must include: caption

The Joint Rule 26(f) Report must include the scheduling conference date on its caption page.

The Joint Rule 26(f) Report must specify the date of the scheduling conference on the caption page.

Judge Dale S. Fischer

CRITICAL

Applies to: Notice of manual filing
Must include: caption, judge name, case number

File Notice of Manual Filing electronically.

Electronically file a NOTICE OF MANUAL FILING.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Opposition to jury instructions

Defense must serve objections to jury instructions within 7 days of receiving plaintiff's proposals.

Within 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.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Sensitive exhibits

Law enforcement agents must maintain custody of sensitive exhibits during trial and secure them at night.

Exhibits such as firearms, narcotics, etc., must remain in the custody of a law enforcement agent during the pendency of the trial. It shall be the responsibility of the agent to produce any such items for court, secure them at night and guard them at all times while in the courtroom. The United States Marshals Service shall be advised well in advance if weapons or contraband is to be brought into the courthouse.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Disputed jury instructions
Must include: chambers copy, supporting authorities, alternative instruction

Disputed jury instructions must be filed with supporting statements and authorities, plus alternative instructions if applicable.

At the same time, each party must file with the Court and submit (electronically to the Chambers email box and in paper form) its proposed jury instructions that are objected to by any other party. 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.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Defense lists
Must include: provide to crd, email to chambers, provide to court reporter

Defense must email witness/exhibit lists to Chambers and provide to CRD/court reporter at start of defense case if not previously done

Defense counsel shall email to the Chambers email box and provide the CRD and the court reporter with the defense witness list and defense exhibit list at the start of the defense case, if they have not previously done so.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Case specific glossary
Must include: slang, case names, gang terms +8 more

Parties must provide case-specific glossary to court reporter at least one week before trial with medical, technical, gang terms, names, etc.

At least one week before trial, the parties must provide a case-specific glossary for the court reporter that includes applicable medical, scientific, or technical terms, gang terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/agents/departments/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.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Trial procedure

No facial expressions or reactions to witness testimony; counsel must admonish others.

Counsel shall not make facial expressions, nod, or shake their heads, comment, or otherwise exhibit in any way any agreement, disagreement, or other opinion or belief concerning the testimony of a witness. Counsel shall admonish their clients, clients family and friends, witnesses, and observers not to engage in such conduct.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Extension request

Applications and stipulations for extension must include existing dates, specific reasons, prior request history, and diligence/prejudice analysis.

Both applications and stipulations must set forth: 1. The existing due date or hearing date, the discovery cut-off date, the last day for hearing motions, the pretrial conference date, and the trial date; 2. Specific reasons (contained in a detailed declaration) supporting good cause for granting the extension or continuance. (A statement that an extension "will promote settlement" is insufficient. The requesting party or parties must indicate the status of ongoing settlement negotiations. The possibility of settlement ordinarily will not be grounds for continuance.); 3. Whether there have been prior requests for extensions, and whether these requests were granted or denied by the Court; and 4. A description of the diligence of the party seeking the continuance and any prejudice that may result if the continuance is denied.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Opening statements

No discussion of law or argument in opening statements.

Counsel shall not discuss the law or argue the case in opening statements.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Exhibit
Must include: brief display only, no passing to jury, screen display allowed

The Court does not permit exhibits to be “published” by passing them up and down the jury box. Exhibits may be displayed briefly using the screens in the courtroom, unless the process becomes too time-consuming.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Jury instruction
Must include: general instructions, substantive instructions

Jury instructions due Tuesday two weeks before trial.

No later than the Tuesday two weeks before trial, counsel shall submit both general and substantive jury instructions in the form described below.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Joint statement

Joint Statement must be in Excel spreadsheet or Word table with specified columns for time entries and nontaxable costs.

The Joint Statement must be formatted as a spreadsheet in Microsoft Excel, or a table in WordPerfect or Microsoft Word. The spreadsheet or table must include columns to identify: (1) the date of each time entry; (2) the biller for each time entry; (3) a brief description of the task; (4) the number of hours requested by the moving party for the task; (5) the number of hours, if any, opposing party believes should be awarded for the task; and for disputed items (6) a brief summary of moving party’s position; and (7) a brief summary of opposing party’s position. This format is illustrated in Exhibit A to this Order. A separate spreadsheet or table must be prepared for any nontaxable costs sought by the moving party. The spreadsheet or table of nontaxable costs must include columns to identify: (1) the item; (2) the amount sought by the moving party for the item; (3) the amount, if any, the opposing party believes should be awarded for the item; and for disputed items (4) a brief summary of the moving party’s position; and (5) a brief summary of the opposing party’s position.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Jury instructions

Counsel must attempt to agree on jury instructions at or before Rule 16-2 meeting.

Before or at the Rule 16-2 meeting, counsel must attempt to come to agreement on the proposed jury instructions and verdict forms.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Separate statement of uncontroverted facts

Separate statement must be in two-column format with numbered paragraphs for undisputed facts and supporting evidence.

Separate Statement of Uncontroverted Facts and Conclusions of Law: The separate statement shall be prepared in a two-column format. The left-hand column sets forth -- in sequentially-numbered paragraphs -- the allegedly undisputed fact. The right-hand column sets forth the evidence that supports that fact. Each paragraph should contain a narrowly-focused statement of fact addressing a single subject as concisely as possible. The moving, opposing, and reply papers should refer to the numbered paragraphs in the separate statement, rather than the underlying evidence.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Motion in limine

Counsel must meet and confer to attempt agreement on disputed evidence before filing motions in limine.

Counsel are to meet and confer to determine whether opposing counsel intends to introduce the disputed evidence, etc. and to attempt to reach an agreement that would obviate the motion.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Joint rule 26f report

For class actions, the Joint Rule 26(f) Report must include a proposed briefing schedule for class certification with at least 3 weeks between reply and hearing.

if the action is a putative class action, the parties are to provide a proposed briefing schedule for the motion for class certification. The schedule must provide for at least three weeks between the filing of the reply and the hearing.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Brady disclosure
Must include: prompt production

Brady evidence must be produced forthwith to defense counsel.

On government counsel’s discovery of any evidence within the scope of Brady v. Maryland, 373 U.S. 83 (1963), and related cases, such evidence shall be produced forthwith to defense counsel.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Trial memorandum
Must include: witness list, factual summary, length estimate +2 more

Government must file trial memorandum one week before trial with specific content requirements.

No later than one week before trial, counsel for the government shall file with the Court a trial memorandum setting forth a factual summary of the government’s case, a statement of the charges and the elements of each charge, an estimate of the length of the government’s case in chief, including anticipated cross-examination, the names of witnesses the government intends to call, and a discussion of relevant legal and evidentiary issues as applied to the facts of the particular case.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Trial procedure

Objections must state only legal grounds; no arguing before jury.

Counsel shall not use objections for the purpose of making a speech, repeating testimony, or attempting to guide the witness. When objecting, counsel shall stand, state only the legal ground of the objection, e.g., hearsay, irrelevant, etc. Counsel shall not argue an objection before the jury. Requests to approach sidebar to further argue an objection should be made sparingly, and may not be granted.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Trial procedure

Must notify CRD in advance about witness accommodations.

Counsel must notify the CRD in advance if any witness should be accommodated based on a disability or for other reasons.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Amended complaint

A “redlined” version of the amended complaint must be delivered to Chambers and Chambers email indicating all additions and deletions to the prior version of the complaint.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Defense binders
Must include: two binders, tabbed binders, exhibit numbers +1 more

Defense must provide two three-ring binders (Court and witnesses) for trials with >20 exhibits, tabbed with exhibit numbers

In trials where the defense expects to admit more than 20 exhibits, defense counsel shall provide two three-ring binders (one for the Court and one for witnesses), tabbed if possible with numbers to correspond to the exhibits counsel expects to introduce. Defense counsel shall provide the Court with a copy of defense exhibits as they are introduced during trial, if they have not previously been provided.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Motion for summary judgment

Supporting Evidence: No party should submit evidence other than the specific items of evidence or testimony necessary to support or controvert a proposed statement of undisputed fact. For example, entire deposition transcripts, entire sets of interrogatory responses, and documents that do not specifically support or controvert material in the separate statements should not be submitted in support of or opposition to a motion for summary judgment. The Court will not consider such material.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Separate statement

Blanket or boilerplate objections to undisputed facts will be overruled and disregarded.

Do not submit blanket or boilerplate objections to the opponent’s statements of undisputed fact. The objections will be overruled and disregarded.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Trial procedure

An exhibit not previously marked should, at the time of its first mention, be accompanied by a request that the CRD mark it for identification. To save time, counsel must show a new exhibit to opposing counsel before it is mentioned in court.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Jury instructions

Alternatives to standard instructions only allowed with reasoned argument they're incomplete or incorrect.

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.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Trial procedure

Witness on stand at recess must be ready when court resumes.

If a witness was on the stand at a recess or adjournment, counsel must have the witness back on the stand, ready to proceed, when the court session resumes.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Bankruptcy appeal notice

Counsel must comply with the Notice Regarding Appeal from Bankruptcy Court.

Counsel must comply with the Notice Regarding Appeal from Bankruptcy Court issued at the time the appeal is filed in the district court.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Government binder
Must include: witness list, indictment copy, tabbed exhibits +2 more

Government must provide three-ring binder with indictment, reproducible exhibits, and witness list, with exhibits tabbed

d. A three-ring binder containing a copy of the indictment/information, a copy of all exhibits that can be reproduced, and a copy of the witness list. Each exhibit shall be tabbed with the exhibit number for easy reference;

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Separate statement

Opposing party may submit additional material facts in sequentially-numbered paragraphs with supporting evidence in right-hand column.

The opposing party may also submit additional material facts that bear on or relate to the issues raised by the movant, which shall follow the format described above for the moving party’s separate statement. These additional facts shall continue in sequentially-numbered paragraphs and shall set forth in the right-hand column the evidence that supports that statement.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Motion in limine

Motions in limine must be filed by the Court-established deadline.

All motions in limine must be filed by the date established by the Court.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Trial procedure

No talking to jurors or conversations overheard by jurors; counsel must admonish others.

Counsel should not talk to jurors at all, and should not talk to co-counsel, opposing counsel, witnesses, clients or their family or friends where the conversation can be overheard by jurors. Each counsel should admonish counsel’s own clients and their family members, investigators, paralegals, witnesses, etc. to avoid such conduct.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Exhibit
Must include: ruling on objections, agreement of all counsel

Exhibits/charts/enlargements require agreement or ruling before use.

Counsel shall not attempt to display or use any exhibits, charts, or enlargements of exhibits unless all counsel have agreed to their use or objections have been heard and a ruling has been made.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Pre trial notification
Must include: timely notification required, concerns accommodations advised

Before trial begins, and as soon as the information becomes available to counsel, counsel should advise the court of any concerns or accommodations that are requested for parties or witnesses.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Trial procedure

Only one lawyer per party may conduct examination or make objections for a particular witness.

Where a party has more than one lawyer, only one may conduct the direct or cross-examination of a particular witness, or make objections as to that witness.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Jury instructions
Must include: chambers copy, clean set word format

Clean Word set of jury instructions required for chambers (no TOC), plus paper copy.

Counsel must submit to the Chambers email box a “clean” set of all instructions in Word format, containing only the text of each instruction, set forth in full on each page, with the caption “Instruction No. ____” (eliminating titles, supporting authority, indication of party proposing, etc.). The “clean set” should not have a table of contents. A paper chambers copy must also be submitted.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: All

Non-conforming filings may not be considered.

Filings that do not conform to the Local Rules and this Order may not be considered.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Trial procedure

Do not refer to witnesses over 14 by first name during trial.

Counsel shall not refer to any witness -- including a client -- more than 14 years of age by his/her first name during trial.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Case statement
Must include: joint preparation

At the time of lodging the proposed pretrial conference order, counsel should file a jointly prepared one or two page statement of the case to be read by the Court to the prospective panel of jurors before commencement of voir dire.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Jury instructions and verdict forms

Jury Trial Only: File Agreed Set of Jury Instructions and Verdict Forms; Statement Regarding Disputed Instructions and Verdict forms

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Trial procedure

No document shall be placed before a witness or shown to the jury unless a copy...

No document shall be placed before a witness or shown to the jury unless a copy

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Statement of genuine disputes

Opposing party's statement of genuine disputes must be in two-column format tracking moving party's separate statement.

statement of genuine disputes must be in two columns. The left-hand column must restate the opposing party’s allegedly undisputed fact and track the moving party’s separate statement exactly as filed. The right-hand column must state whether the fact is undisputed or disputed. The opposing party may dispute all or only a portion of the statement of fact. If disputing only a portion, the statement of genuine disputes must clearly indicate what part is being disputed, followed by the opposing party’s evidence

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Jury instructions
Must include: submission deadline

Jury instructions must be submitted by Tuesday two weeks before trial.

No later than the Tuesday two weeks before trial, counsel shall submit both general and substantive jury instructions in the form described below.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Trial procedure

Witnesses over 14 years old must not be referred to by first name during trial.

Counsel shall not refer to any witness -- including a client -- more than 14 years of age by his/her first name during trial.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Exhibit

Counsel must meet 10 days before trial to stipulate on foundation, best evidence rule waiver, and exhibits.

All counsel are to meet not later than ten days before trial and to stipulate, so far as is possible, to foundation, to waiver of the best evidence rule, and to those exhibits that may be received into evidence at the start of the trial.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Document with attachments

Attachments must be filed as separately docketed entries with descriptions.

If a filed or lodged document has declarations, exhibits, or other attachments, each of these must be filed as a separately docketed attachment to the main docket entry with a description of the attachment (e.g., Dkt. 29-1 Smith Declaration, 29-2 Ex. 2 - License Agreement, 29-3 Request for Judicial Notice).

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Witness list
Must include: word format

Government must submit witness list in Word format to Chambers email by noon Thursday before trial

Counsel for the government shall provide to the courtroom deputy clerk (CRD) the following (electronically and in paper form): a. The government's witness list, which shall be sent in Word format to the Chambers email box no later than noon on the Thursday before trial;

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Jury instructions

Where language appears in brackets, the appropriate language should be selected. All blanks should be completed.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Exhibits
Must include: official tags

Government must provide exhibits with official tags on first day of trial, numbered 1, 2, 3, etc.

c. All of the government’s exhibits, with official exhibit tags attached and bearing the same number shown on the exhibit list. Exhibit tags may be obtained from the receptionist in the Public Intake Section, located on the 1st Floor of the Edward R. Roybal Federal Building at 255 East Temple Street, Room 180. Exhibits shall be numbered 1, 2, 3, etc., NOT 1.1, 1.2, etc. These items (and the items listed in d and e below) shall be provided on the first day of trial;

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Trial preparation
Must include: witness list, joint exhibit list, case specific glossary

One week before trial, counsel must email Chambers: glossary, witness list, and joint exhibit list.

At least one week before trial, counsel must send to the Chambers email box in Word format: a. A case-specific glossary for the court 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; b. The party’s witness list, with a column to add the date on which the witness testified; c. The joint exhibit list in the form specified in Local Rule 16-6. An annotated exhibit list identifying the exhibits to be received into evidence at the start of the trial must also be provided.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Jury instructions
Must include: proposed verdict form

Counsel shall submit a proposed verdict form with the jury instructions. The proposed verdict form should not refer to specific counts or to specific code sections.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Exhibit
Must include: ruling on objections, agreement of all counsel

Exhibits, charts, or enlargements require agreement or ruling before use.

Counsel shall not attempt to display or use any exhibits, charts, or enlargements of exhibits unless all counsel have agreed to their use or objections have been heard and a ruling has been made.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Trial procedure

Witnesses questioned from lectern; no approaching witness box without permission.

Counsel shall question witnesses from the lectern. Counsel shall not approach the witness box or enter the well without the Court’s permission, and shall return to the lectern when counsel’s purpose has been accomplished. Counsel should speak clearly when questioning witnesses, making objections, etc.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Trial

Counsel must arrive at courtroom by 8:30 AM on first day of trial.

Counsel shall arrive at the Courtroom no later than 8:30 a.m. on the first day of trial.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Glossary

Parties must provide case-specific glossary to court reporter at least one week before trial with technical terms, names, and terminology.

At least one week before trial, the parties must provide a case-specific glossary for the court reporter that includes applicable medical, scientific, or technical terms, gang terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/agents/departments/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.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Motion for summary judgment

Parties must comply with Local Rule 56, Standing Order, and this order for summary judgment motions.

When filing or opposing a motion for summary judgment, a party is to comply precisely with Local Rule 56, the Court’s general Standing Order, and this order.

Judge Dale S. Fischer

CRITICALCriminal cases

Deadline: 7 days before trial
Applies to: Trial memorandum
Must include: witness names, factual summary, length estimate +3 more

Government must file trial memorandum one week before trial with specific content requirements.

No later than one week before trial, counsel for the government shall file with the Court a trial memorandum setting forth a factual summary of the government’s case, a statement of the charges and the elements of each charge, an estimate of the length of the government’s case in chief, including anticipated cross-examination, the names of witnesses the government intends to call, and a discussion of relevant legal and evidentiary issues as applied to the facts of the particular case. Government shall attempt to obtain defense counsel’s agreement

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Trial procedure

Counsel responsible for CRD exhibits and must return them before leaving courtroom.

Each counsel is responsible for any exhibits that counsel secures from the CRD and must return them before leaving the courtroom at the end of the session.

Judge Dale S. Fischer

CRITICALCivil cases

Must include: rise when objecting, state legal ground only, permission for further argument

When objecting, counsel must rise, state objection and legal ground only; must ask permission to argue further.

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.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Joint rule 26f report

Joint Rule 26(f) Report is required; failure to file may result in dismissal or default.

If counsel fail to file the required Joint Rule 26(f) Report, or the required pretrial documents, or if lead counsel fails to appear at the scheduling conference, the pretrial conference, or any other proceeding scheduled by the Court, and such failure is not satisfactorily explained to the Court: (a) the case will be dismissed for failure to prosecute, if such failure occurs on the part of the plaintiff; (b) default (and thereafter default judgment) will be entered if such failure occurs on the part of the defendant; or (c) the Court will take such action as it deems appropriate.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Separate statement

If a party disputes a fact based in whole or in part on an evidentiary objection, the ground of the objection, as indicated above, should be stated in the separate statement, but not argued in that document. Evidentiary objections are to be addressed in a separate memorandum to be filed with the opposition or reply brief.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Joint jury instructions
Must include: chambers copy

Joint jury instructions must be filed electronically to Chambers email and in paper form by Court-set date.

By the date set by the Court, counsel must file with the Court and submit (electronically to the Chambers email box and in paper form) a JOINT set of jury instructions on which there is agreement.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Witness list
Must include: judge name

Witness lists require testimony description and time estimates; explain multiple witnesses on same topics.

In addition to the requirements of Local Rule 16, the witness lists must include a brief (one or two paragraph) description of the testimony, and a time estimate for both direct and cross-examination (separately stated). If two or more witnesses will testify on the same topics, counsel must explain why more than one witness is necessary.

Judge Dale S. Fischer

CRITICAL

Applies to: Application to seal
Must include: proposed order, proof of service

File application to seal electronically with proof of service and proposed order.

Electronically file the application to seal with proof of service. Counsel are required to comply with Local Rule 5-4.4.1 and attach the proposed order to the application.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Pretrial preparation

Strict compliance with Local Rule 16 required; no exemptions for pro se parties.

STRICT COMPLIANCE WITH LOCAL RULE 16 IS REQUIRED. THIS ORDER SETS FORTH SOME DIFFERENT AND SOME ADDITIONAL REQUIREMENTS. THIS COURT DOES NOT EXEMPT PRO PER PARTIES FROM THE REQUIREMENTS OF RULE 16.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Trial binder
Must include: tabbing

Government must provide three-ring binder with indictment, reproducible exhibits, and witness list, with exhibits tabbed.

d. A three-ring binder containing a copy of the indictment/information, a copy of all exhibits that can be reproduced, and a copy of the witness list. Each exhibit shall be tabbed with the exhibit number for easy reference;

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Motion in limine

Motions in limine must address specific issues, not broad categories.

Motions in limine should address specific issues (i.e., not “to exclude all hearsay,” etc.).

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Opposition to motion in limine

Opposition to motions in limine must be filed by the Court-established deadline.

Opposition must be filed by the date established by the Court.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Witness list
Must include: judge name

Simplified witness list and joint exhibit list required in Word format via email; paper copies also required.

A separate version of the witness list containing only the names of the witnesses and a separate column to insert the dates on which the witness testified, and the joint exhibit list, must be submitted to the Chambers email box in Word format. Mandatory paper chambers copies must also be submitted.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Jury instructions

Where California law applies, counsel should use the current edition of California Jury Instructions -- Civil (BAJI or CACI).

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Objections

Counsel shall not use objections for the purpose of making a speech, repeating testimony, or attempting to guide the witness. When objecting, counsel shall stand, state only the legal ground of the objection, e.g., hearsay, irrelevant, etc. Counsel shall not argue an objection before the jury. Requests to approach sidebar to further argue an objection should be made sparingly, and may not be granted.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Discovery disclosure
Must include: government informant disclosure, electronic surveillance disclosure

Government must disclose electronic surveillance evidence and government informant testimony.

Government counsel shall also disclose to defense counsel the existence or non-existence of: (1) evidence obtained by electronic surveillance; and (2) testimony by a government informant.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Joint rule 26f report

The Joint Rule 26(f) Report must include a completed Schedule of Pretrial and Trial Dates.

complete the Schedule of Pretrial and Trial Dates attached to this Order and attach it to the Joint Rule 26(f) Report. Submission of a completed Schedule is mandatory.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Witness binder

Government must provide three-ring binder with all exhibits for witness use.

e. A three-ring binder containing a copy of all exhibits for use by witnesses.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Jury instructions

Plaintiff must serve proposed jury instructions and verdict forms 14 days before Rule 16-2 meeting.

At least fourteen 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 pretrial conference), plaintiff(s) counsel must serve on defense counsel proposed jury instructions and proposed verdict/special verdict forms.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Motion for attorneys fees

Motions for attorneys' fees must include time and expense records in the format specified in the Court's separate order.

In addition to any other requirements imposed by statute or case law, motions for attorneys’ fees must include time and expense records prepared in the format described in the Court’s separate Order re Format of Time and Expense Records.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Trial procedure

Must confer with opposing counsel before offering a stipulation.

Counsel must not offer a stipulation unless counsel has conferred with opposing counsel and has verified that the stipulation will be acceptable.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Jury instructions
Must include: paper submission, single set filing, electronic submission +1 more

The parties shall meet and confer sufficiently in advance of the required submission date for the purpose of agreeing on instructions whenever possible. A single set of instructions shall be filed and submitted (electronically to the Chambers email box and in paper form).

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Jury instructions

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.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Exhibit list
Must include: admitted exhibits, jury distribution

Exhibit list with admitted exhibits must be given to jury and approved by counsel.

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.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Voir dire
Must include: word format

Voir dire questions due Monday one week before trial; 5 minutes additional time allowed.

If counsel wish to submit proposed questions to be asked of prospective jurors, they must do so no later than the Monday one week before the jury trial. A Word version of the proposed voir dire must be submitted. Counsel will usually be allowed five minutes of voir dire in addition to the Court’s voir dire.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Trial procedure

No presenting party may be without witnesses. If counsel has no more witnesses to call and there is more than a brief delay, the Court may deem that party to have rested.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Trial procedure

Question witnesses from lectern; do not approach witness box without permission.

Counsel shall question witnesses from the lectern. Counsel shall not approach the witness box or enter the well without the Court’s permission, and shall return to the lectern when counsel’s purpose has been accomplished.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Trial procedure

Counsel should not talk to jurors at all, and should not talk to co-counsel, opposing counsel, witnesses, or clients where the conversation can be overheard by jurors. Each counsel should admonish counsel's own clients and witnesses to avoid such conduct.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Jury instructions
Must include: compliance required

Non-compliance with jury instruction provisions results in sanctions and waiver of jury trial.

FAILURE TO FOLLOW THE PRECEDING PROVISIONS OF THIS SECTION WILL SUBJECT THE NON-COMPLYING PARTY AND ATTORNEY TO SANCTIONS AND WILL BE DEEMED TO CONSTITUTE A WAIVER OF JURY TRIAL.

Judge Dale S. Fischer

CRITICALCriminal cases

Must include: review with crd, approve with crd, contraband excluded

Admitted exhibits (except contraband) given to jury during deliberations after government/defense review and approve with CRD

All admitted exhibits other than contraband will be given to the jury during deliberations. Government and defense counsel shall review and approve the exhibit list and exhibits with the CRD before the exhibits are given to the jury.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Exhibit list
Must include: word format

Government must submit exhibit list in Word format to Chambers email by noon Thursday before trial

b. The government's exhibit list in the form specified in Local Rule 16-5 (Civil), which shall be sent in Word format to the Chambers email box no later than noon on the Thursday before trial;

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Adr proceeding

ADR proceeding must be completed by Court-set deadline.

Counsel must complete an ADR proceeding no later than the date set by the Court.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Defense documents

Defense must email witness/exhibit lists to Chambers and provide to CRD/court reporter at start of defense case if not already done.

Defense counsel shall email to the Chambers email box and provide the CRD and the court reporter with the defense witness list and defense exhibit list at the start of the defense case, if they have not previously done so.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Exhibit
Must include: official exhibit tags

Government exhibits must have official tags, be numbered 1, 2, 3, etc., and provided on 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. Exhibit tags may be obtained from the receptionist in the Public Intake Section, located on the 1st Floor of the Edward R. Roybal Federal Building at 255 East Temple Street, Room 180. Exhibits shall be numbered 1, 2, 3, etc., NOT 1.1, 1.2, etc. These items (and the items listed in d and e below) shall be provided on the first day of trial;

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Jury instructions
Must include: caption

Submit clean jury instructions in Word format to Chambers email with paper copy.

Counsel must submit to the Chambers email box a “clean” set of all instructions in Word format, containing only the text of each instruction, set forth in full on each page, with the caption “Instruction No. ____” (eliminating titles, supporting authority, indication of party proposing, etc.). The “clean set” should not have a table of contents. A paper chambers copy must also be submitted.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Trial procedure

Must get advance permission to leave counsel table during court session.

While Court is in session, counsel must not leave counsel table to confer with any personnel or witnesses unless permission has been granted in advance.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Discovery
Must include: brady disclosure, government informant disclosure, electronic surveillance disclosure

Counsel shall comply promptly with discovery and notice pursuant to Rules 12, 12.1, 12.2, 12.3, 12.4, 15, and 16 of the Federal Rules of Criminal Procedure. On government counsel’s discovery of any evidence within the scope of Brady v. Maryland, 373 U.S. 83 (1963), and related cases, such evidence shall be produced forthwith to defense counsel. Government counsel shall also disclose to defense counsel the existence or non-existence of: (1) evidence obtained by electronic surveillance; and (2) testimony by a government informant.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Findings of fact and conclusions of law

For court trials, lodge findings of fact and conclusions of law seven weeks before trial.

Court Trial Only: Lodge Findings of Fact and Conclusions of Law, LR 52; File Summaries of Direct Testimony (optional)

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: 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.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Defense exhibits
Must include: tabbing, exhibit numbers

Defense must provide two three-ring binders for >20 exhibits, tabbed with exhibit numbers, and provide copies as introduced.

In trials where the defense expects to admit more than 20 exhibits, defense counsel shall provide two three-ring binders (one for the Court and one for witnesses), tabbed if possible with numbers to correspond to the exhibits counsel expects to introduce. Defense counsel shall provide the Court with a copy of defense exhibits as they are introduced during trial, if they have not previously been provided.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Ex parte application

Moving party on ex parte application must notify opposition that opposing papers are due within 48 hours of service.

In addition to the requirements of Local Rule 7-19, the moving party must notify the opposition that opposing papers are to be filed no later than 48 hours (or two court days) following service.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Joint rule 26f report

The Joint Rule 26(f) Report must be drafted and filed by plaintiff (unless plaintiff is pro per or parties agree) and signed jointly.

The Joint Rule 26(f) Report ... must be drafted and filed by plaintiff (unless the plaintiff is a non-lawyer pro per or the parties agree otherwise), but must be signed jointly.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Defense exhibits
Must include: exhibit tags, case name number, no duplicate numbers

Defense counsel must attach exhibit tags with case name/number and avoid duplicating government exhibit numbers.

Defense counsel are responsible for attaching completed exhibit tags with the case name and case number to all exhibits to be used in defendant’s case. Defense counsel should be sure that defense exhibit numbers do not duplicate government exhibit numbers.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Discovery document
Must include: caption

Discovery documents must include 'DISCOVERY MATTER' in the caption.

All discovery documents must include the words “DISCOVERY MATTER” in the caption to ensure proper routing.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Witness binder
Must include: all exhibits, three ring binder

Government must provide three-ring binder with all exhibits for witness use

e. A three-ring binder containing a copy of all exhibits for use by witnesses.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Trial procedure

Counsel should not talk to jurors at all, and should not talk to co-counsel, opposing counsel, witnesses, clients or their family or friends where the conversation can be overheard by jurors. Each counsel should admonish counsel’s own clients and their family members, investigators, paralegals, witnesses, etc. to avoid such conduct.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Discovery
Must include: compliance with federal rules

Counsel must comply promptly with criminal discovery rules 12, 12.1, 12.2, 12.3, 12.4, 15, and 16.

Counsel shall comply promptly with discovery and notice pursuant to Rules 12, 12.1, 12.2, 12.3, 12.4, 15, and 16 of the Federal Rules of Criminal Procedure.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Trial procedure

Do not discuss law or argue case in opening statements.

Counsel shall not discuss the law or argue the case in opening statements.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Proposed order
Must include: judge name

Proposed orders must have Judge Fischer's name spelled correctly and correct title.

Proposed orders must have Judge Fischer’s name spelled correctly and her correct title: United States District Judge.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Defense exhibit
Must include: exhibit tags, case name on tags, case number on tags +1 more

Defense counsel must attach exhibit tags with case name/number and ensure no duplicate exhibit numbers with government

Defense counsel are responsible for attaching completed exhibit tags with the case name and case number to all exhibits to be used in defendant’s case. Defense counsel should be sure that defense exhibit numbers do not duplicate government exhibit numbers.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Joint rule 26f report

Failure to file Joint Rule 26(f) Report or pretrial documents, or failure to appear at scheduled proceedings, may result in dismissal, default, or other sanctions.

If counsel fail to file the required Joint Rule 26(f) Report, or the required pretrial documents, or if counsel fail to appear at the scheduling conference, the pretrial conference, or any other proceeding scheduled by the Court, and such failure is not satisfactorily explained to the Court: (1) the cause will be dismissed for failure to prosecute, if the failure occurs on the part of the plaintiff, (2) the answer will be stricken and default (and thereafter default judgment) will be entered if such failure occurs on the part of the defendant, or (3) the Court may take such other action as it deems appropriate.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Motion for summary judgment

Evidence must be submitted by stipulation or as exhibits to declarations, not attached to memorandum.

Evidence submitted in support of or in opposition to a motion should be submitted either by way of stipulation or as exhibits to declarations sufficient to authenticate the proffered evidence, and should not be attached to the memorandum of points and authorities.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Motion for summary judgment

The pleadings should refer to the exhibits by exhibit number only, or by exhibit number and title of document -- not merely by the title of the document. For example, if Exhibit 1 is the License Agreement, the papers should refer to “the License Agreement attached as Exhibit 1,” or “Exhibit 1,” not “the License Agreement.”

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Jury instructions
Must include: index page

Index page required for jury instructions with number, title, source, and page number.

An index page shall accompany the jury instructions and 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.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Pretrial order
Must include: proposed order

Memoranda of contentions, witness lists, joint exhibit list, and proposed pretrial conference order must be submitted; proposed order format must conform to Local Rules Appendix A.

Carefully prepared memoranda of contentions of fact and law, witness lists, a joint exhibit list, and a proposed pretrial conference order must be submitted in accordance with the Rules and this Order, and the format of the proposed pretrial conference order must conform to the format set forth in Appendix A to the Local Rules.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Motion to amend

Motion to amend must specify the effect, page/line numbers, and wording of proposed changes.

The motion must state the effect of the amendment, and must state the page, line numbers, and wording of any proposed change or addition of material.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Trial procedure

No facial expressions or gestures showing agreement/disagreement with testimony.

Counsel shall not make facial expressions, nod, or shake their heads, comment, or otherwise exhibit in any way any agreement, disagreement, or other opinion or belief concerning the testimony of a witness. Counsel shall admonish their clients, clients family and friends, witnesses, and observers not to engage in such conduct.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Jury instructions index

Index of all jury instructions must include number, title, source, and page number.

Counsel must provide an index of all instructions submitted, which must include the following: a. The number of the instruction; b. The title of the instruction; c. the source of the instruction and any relevant case citations; d. The page number of the instruction.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Memo of contentions of fact and law

All Trials: File Memo of Contentions of Fact and Law, LR 16-4; Exhibit & Witness Lists, LR 16-5, 6; Status Report Regarding Settlement; Motions in Limine (no more than five motions per side may be filed without Court permission)

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Exhibits
Must include: review required

Admitted exhibits (except contraband) given to jury during deliberations after counsel review and approve with CRD.

All admitted exhibits other than contraband will be given to the jury during deliberations. Government and defense counsel shall review and approve the exhibit list and exhibits with the CRD before the exhibits are given to the jury.

Judge Dale S. Fischer

CRITICALCriminal cases

Applies to: Exhibit list

Government must submit exhibit list in Word format to Chambers email by noon Thursday before trial.

b. The government's exhibit list in the form specified in Local Rule 16-5 (Civil), which shall be sent in Word format to the Chambers email box no later than noon on the Thursday before trial;

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Pretrial conference order
Must include: proposed order

Pretrial documents must conform to Local Rules format (Appendix A).

Carefully prepared memoranda of contentions of fact and law, witness lists, a joint exhibit list, and a proposed pretrial conference order must be submitted in accordance with the Rules and this Order, and the format of the proposed pretrial conference order must conform to the format set forth in Appendix A to the Local Rules.

Judge Dale S. Fischer

CRITICAL

Applies to: Proposed order

Proposed order must include specific language for rejected seal filings.

PROPOSED ORDER MUST CONTAIN THE FOLLOWING LANGUAGE FOR THE COURT’S USE IF THE UNDER SEAL FILING IS REJECTED:

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Proposed order

Proposed protective orders should not purport to allow, without further order of Judge Fischer, the filing under seal of pleadings or documents filed in connection with a dispositive motion (including a class certification motion) or trial before Judge Fischer.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Jury instructions

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.

Judge Dale S. Fischer

CRITICALCivil cases

Applies to: Application for leave to file under seal
Must include: proposed order

Application for Leave to File Under Seal must include a declaration, proposed order, redacted version (if partial), and unredacted version.

Local Rule 79-5.2.2 requires that certain documents be filed with the Application: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of any documents proposed to be filed under seal.

Judge David O. Carter

CRITICALCivil cases

Applies to: Application for leave to file under seal

Application for Leave to File Under Seal must include a declaration, proposed order, redacted version, and unredacted version.

Your Application must be accompanied by: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of the documents proposed to be filed under seal.

Judge David O. Carter

CRITICALCivil cases

Applies to: Proposed order
Must include: proposed order

Proposed order must be emailed to chambers in Word Perfect or Microsoft Word format.

A Word Perfect or Microsoft Word version of the proposed order must be emailed to chambers as required by L.R. 5-4.4.2

Judge David O. Carter

CRITICALCivil cases

Applies to: Sealed document

When filing a sealed document, the caption must not contain confidential information because it is publicly visible.

Remember that this text will be publicly visible, so do not include confidential information here.

Judge David O. Carter

CRITICALCivil cases

Applies to: Scheduling conference

Scheduling conference required under FRCP 16(b).

The parties are hereby ordered to appear before this Court for a Scheduling Conference on the above-listed date and time, pursuant to Federal Rule of Civil Procedure 16(b).

Judge David O. Carter

CRITICALCivil cases

Applies to: Joint statement of case
Must include: case number

Joint statement of the case required 7 days before trial.

At least seven (7) days prior to trial, the parties shall prepare a joint statement of the case which will be read by the Court to the prospective panel of jurors prior to the commencement of voir dire.

Judge David O. Carter

CRITICALCivil cases

Applies to: Rule 26f report

Rule 26(f) report due 14 days before scheduling conference.

The parties shall file their Rule 26(f) report with the Court no later than fourteen (14) days prior to the Scheduling Conference set by the Court.

Judge David O. Carter

CRITICALCivil cases

Applies to: Declaration in support of sealing

A party that designated a document as confidential under a protective order must file a Declaration explaining why it should be sealed.

if you are the party that has designated a document confidential pursuant to a protective order, L.R. 79-5.2.2(b)(i) requires you to file a Declaration explaining why the documents should be filed under seal.

Judge David O. Carter

CRITICALCriminal cases

Applies to: Sealing application
Must include: chambers copy

Deliver chambers copies to Clerk's Office intake in Santa Ana, not Judge Carter's 9th floor drop box.

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 Carter's drop box on the 9th Floor.

Judge David O. Carter

CRITICALCivil cases

Applies to: Order
Must include: notice of service

Plaintiff must serve copy of order on unserved defendants when serving complaint.

Plaintiff shall serve a copy of this Order on any as-yet unserved Defendants when Plaintiff serves the Complaint on them.

Judge David O. Carter

CRITICALCivil cases

Applies to: Sealed document

All sealed documents should be clearly marked as “FILED UNDER SEAL PURSUANT TO ORDER OF THE COURT DATED ______.” L.R. 79-5.2.2(c).

Judge David O. Carter

CRITICALCivil cases

Applies to: Statement of genuine disputes
Must include: statement of facts

Opposing party must explain why disputed facts are controverted with citations.

To demonstrate that a fact is disputed, the opposing party shall briefly state why it disputes the moving party’s allegedly undisputed fact, cite to the relevant exhibit or other evidence controverting the allegedly undisputed fact, and describe what it is in that exhibit or evidence that controverts the allegedly undisputed fact.

Judge David O. Carter

CRITICALCivil cases

Applies to: General

Counsel should list their email addresses and phone numbers on their papers in order to facilitate communication by the Courtroom Deputy Clerk.

Judge David O. Carter

CRITICALCivil cases

Applies to: Memorandum of contentions of fact and law

Memoranda of Contentions due 21 days before FPTC; proposed FPTCO due 11 days before.

The Memoranda of Contentions of Fact and Law are due twenty-one (21) days before the FPTC and the proposed FPTCO is to be lodged eleven (11) days before the FPTC.

Judge David O. Carter

CRITICALCivil cases

Applies to: Proposed verdict form
Must include: judge name, case number

Proposed verdict forms due 7 days before trial.

At least seven (7) days prior to trial, the parties shall file their proposed verdict forms.

Judge David O. Carter

CRITICALCivil cases

Applies to: Special voir dire questions

Special voir dire questions must be filed and served 7 days before trial.

At least seven (7) days prior to trial, each party shall file and serve on opposing parties any special questions requested to be put to prospective jurors on voir dire.

Judge David O. Carter

CRITICALCivil cases

Applies to: Notice of settlement
Must include: judge name

Parties must immediately notify court of settlement by phone, email, or notice filing.

If settlement is reached at any time in this litigation, the parties shall immediately notify the Court by telephone, email, or by filing a notice of settlement. Local Rule 40-2.

Judge David O. Carter

CRITICALCivil cases

Applies to: Exhibits
Must include: judge name, case number

Exhibits numbered per Local Rule 26-3; tags available at Clerk's Office.

The exhibits are to be numbered in accordance with Local Rule 26-3. Counsel may obtain exhibit tags (yellow for plaintiff and blue for defendant) at the Clerk’s Office, Intake Window.

Judge David O. Carter

CRITICALCivil cases

Applies to: Scheduling conference
Must include: attendance required

Failure to appear at scheduling conference is prohibited unless waived by court order.

Under no circumstances should counsel, or a party if the party is appearing pro se, fail to appear at the scheduling conference unless the appearance has been waived by prior order of the Court.

Judge David O. Carter

CRITICALCivil cases

Applies to: Statement of genuine disputes

No legal argument is permitted in the Statement of Genuine Disputes.

No legal argument shall be set forth in this document.

Judge David O. Carter

CRITICALCivil cases

Applies to: Statement of genuine disputes

No legal arguments allowed in Statement of Genuine Disputes.

No legal argument shall be set forth in this document.

Judge David O. Carter

CRITICALCriminal cases

Applies to: Sealing application
Must include: chambers copy

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 intake clerk will put a red sheet of paper (under seal filing) on top of the papers and put the stack into the Judge's box at Intake. The intake clerk will not stamp or review the papers.

Judge David O. Carter

CRITICALCivil cases

Applies to: Exhibit binders
Must include: judge name, case number

Two binders required: one for Clerk (tagged) and one for Court.

Two binders will be prepared: (1) an original for the Clerk, which will be tagged with the appropriate exhibit tags in the upper right-hand corner of the first page of each exhibit, and (2) one copy for the Court.

Judge David O. Carter

CRITICALCivil cases

Applies to: Exhibits
Must include: judge name, case number

Exhibits must be delivered to Courtroom Deputy Clerk by 8:30 AM on first day of trial.

Exhibits are to be delivered to the Courtroom Deputy Clerk not later than 8:30 a.m. on the first day of trial.

Judge David O. Carter

CRITICALCivil cases

Applies to: Memoranda of contentions of fact and law

Memoranda of Contentions of Fact and Law and proposed FPTCO must be submitted in accordance with Local Rule 16.

Compliance with the requirements of Local Rule 16 is required by the Court. Carefully prepared Memoranda of Contentions of Fact and Law (which may also serve as the trial brief) and a proposed Final Pretrial Conference Order (“FPTCO”) shall be submitted in accordance

Judge David O. Carter

CRITICALCriminal cases

Applies to: Sealing application
Must include: proof of service

After the Court rules on the application, the courtroom deputy will e-mail conformed copies of the 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 courtroom deputy returning the conformed copies of the documents.

Judge David O. Carter

CRITICALCivil cases

Applies to: Sealed document

Sealed documents must be linked to the court order granting permission to file under seal.

Any document filed under seal must also be linked to the court order granting permission to so file.

Judge David O. Carter

CRITICALCivil cases

Applies to: Motion
Must include: lodged deposition transcript

If a deposition is cited extensively, the parties should lodge a copy of the deposition transcript with the Court.

Judge David O. Carter

CRITICALCivil cases

Applies to: Proposed jury instructions
Must include: citation of authorities

Proposed jury instructions due 7 days before trial with citations.

Proposed jury instructions must be filed seven (7) days prior to trial, in accordance with Local Rule 51. Parties should cite relevant authorities for each instruction, e.g., CACI, Ninth Cir. Model Jury Instructions. The parties should exchange proposed jury instructions and agree as much as possible on the necessary instructions before filing them with the Court.

Judge David O. Carter

CRITICALCivil cases

Applies to: Sealed document

After obtaining leave, the party must file the sealed document using the appropriate event from the 'Under Seal Filing Events' menu; failure to do so may result in inability to rely on the document.

Once leave to file a document under seal has been granted, the party that requested leave to file under seal must proceed to file the document. Clerk’s Office staff will not do this for you. If you obtain leave to file a document under seal, you must follow through and file it under seal, or you will not be able to rely on the document in the case. For instance, if you obtain leave to file a motion to dismiss under seal, you must then file your motion to dismiss, using the “Sealed Motion” event under the “Under Seal Filing Events” menu, following the instructions set forth below at page 22. Likewise, if you obtain leave to file an exhibit to a summary judgment motion under seal, you must then proceed to file your summary judgment motion using a regular motion event, then file the sealed exhibit using the “Sealed Document” event on the “Under Seal Filing” menu, and link it to your summary judgment motion, following the instructions set forth below at page 15.

Judge David O. Carter

CRITICALCivil cases

Applies to: Stipulation of dismissal

Mandatory in-person appearance required at all court appearances until stipulation of dismissal is filed, even if settlement reached.

Under no circumstances should counsel, or a party if the party is appearing pro se, fail to appear at a court appearance unless their appearance has been waived by prior order of the Court. Even if a settlement has been reached, counsel for all parties, or the party if appearing pro se, must appear at court appearances until a stipulation of dismissal signed by all parties has been lodged with the Court.

Judge David O. Carter

CRITICALCivil cases

Applies to: Ex parte application

Ex parte applications must comply with Local Rules 7-19/7-19.1 and include opposing counsel’s position, absent specific good cause.

Ex parte applications that fail to conform to Local Rule 7-19 and 7-19.1, including a statement of opposing counsel’s position, will not be considered except on a specific showing of good cause.

Judge David O. Carter

CRITICALCivil cases

Applies to: Order

Plaintiff's counsel or plaintiff must serve this order on all parties; removing defendants must serve if case came by removal.

Plaintiff’s counsel or plaintiff (if appearing on his or her own behalf) shall immediately serve this Order on all parties, including any new parties to the action. If this case came to the Court by a Notice of Removal, the removing defendant(s) shall serve this Order on all other parties.

Judge David O. Carter

CRITICALCriminal cases

Applies to: Sealing application
Must include: proof of service

After the Court rules on the application, the courtroom deputy 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 courtroom deputy returning the conformed copies of the documents.

Judge David O. Carter

CRITICALCivil cases

Applies to: Proposed findings conclusions
Must include: judge name, case number

Proposed findings of fact and conclusions of law due 7 days before trial.

The parties shall serve and lodge proposed findings of fact and conclusions of law at least seven (7) days prior to trial and in accordance with Local Rule 52.

Judge David O. Carter

CRITICALCivil cases

Applies to: Statement of genuine disputes

If the opposing party objects to the evidence supporting an allegedly undisputed fact, the party shall state in the right hand column the presence of that objection, by simply stating “Evidentiary Objection.” The specific grounds of each objection should be included in a separate table.

Judge David O. Carter

CRITICALCivil cases

Applies to: Sealing declaration

A declaration with competent evidence is required to justify filing documents under seal.

Declaration setting forth competent evidence explaining why the document(s) should be filed under seal.

Judge David O. Carter

CRITICALCivil cases

Applies to: Rule 26f report

Rule 26(f) report must include case summary, issues, and amendment likelihood.

The report shall contain the following: (1) a short factual summary of the case and of claims and defenses; (2) a short synopsis of the principal issues in the case; (3) a statement of whether parties are likely to be added and whether the pleadings are likely to be amended

Judge David O. Carter

CRITICALCriminal cases

Applies to: Sealing application
Must include: chambers copy

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. The intake clerk will put a red sheet of paper (under seal filing) on top of the papers and put the stack into the Judge's box at intake. The Intake Clerk will not stamp or review the papers.

Judge David O. Carter

CRITICALCriminal cases

Applies to: Sealing application
Must include: chambers copy

Deliver chambers copies to Clerk's Office intake in Santa Ana, not Judge Carter's 9th floor drop box.

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 Carter's drop box on the 9th Floor.

Judge David O. Carter

CRITICALCivil cases

Applies to: Objections to evidence

If a party disputes a fact based in whole or in part on an evidentiary objection, the party should file a separate document entitled “Objections to Evidence Offered in Support of [Party’s] [Motion/Opposition].” The Objections to Evidence should be filed in conjunction with the

Judge David O. Carter

CRITICALCivil cases

Applies to: Statement of uncontroverted facts

In addition to filing statements of fact, the Parties should email the Statement of Uncontroverted Facts and Statement of Genuine Disputes in Word or Excel format to DOC_Chambers@cacd.uscourts.gov.

Judge David O. Carter

CRITICALCivil cases

Applies to: Ex parte application
Must include: statement of opposing counsel position

Ex parte applications must conform to Local Rules 7-19 and 7-19.1 and include opposing counsel's position

Ex parte applications that fail to conform to Local Rule 7-19 and 7-19.1, including a statement of opposing counsel’s position, will not be considered except on a specific showing of good cause.

Judge David O. Carter

CRITICALCivil cases

Applies to: Joint exhibit list
Must include: judge name, case number

Joint exhibit list due 21 days before FPTC.

A joint exhibit list must be filed at least twenty-one (21) days prior to the Final Pretrial Conference in accordance with Local Rule 16-6.1.

Judge David O. Carter

CRITICALCivil cases

Applies to: Rule 26f conference

Rule 26(f) conference required at least 21 days before scheduling conference.

Counsel shall confer pursuant to Federal Rule of Civil Procedure 26(f). This conference shall occur at least twenty-one (21) days before the Scheduling Conference set by the Court.

Judge David O. Carter

CRITICALCivil cases

Applies to: Discovery

The parties must comply fully with the letter and spirit of Fed. R. Civ. P. 26(a) and produce discovery promptly. At the Scheduling Conference, the court will impose deadlines governing the completion of discovery.