Judge Stephanie S. Christensen
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Communication
Chambers
Page & Word Limits2 rules
Motions in limine and oppositions thereto may be no more than 2,800 words. Reply briefs, if any, may be no more than 2,100 words.
- Motion in limine
- Up to 2,800 words
- Opposition
- Up to 2,800 words
- Reply brief
- Up to 2,100 words
The statement shall not exceed one page. The statement must be filed with the Court no later than five (5) court days before the Final Pretrial Conference date.
- Page limit
- Up to 1 page
- Statement of case
Document Format Requirements12 rules
In addition, counsel must submit electronic versions (in Microsoft Word format) of all proposed instructions to the chambers email address.
- File type
- Word
- Jury instructions
Formatting
- •Submit to chambers email address
Parties must prepare three sets of physical exhibit binders (Court, witnesses, opposing party) and deliver to Exhibit Conference or trial start morning.
- Exhibit binder
Formatting
- •Deliver to Exhibit Conference (if ordered) or morning of trial start
Court's wording
The parties shall prepare one set of exhibit binders for the Court, a separate set for use by witnesses, and another set of binders for the opposing party. All sets must be brought to the Exhibit Conference (discussed below) if one is ordered, or otherwise, on the morning trial begins.
Exhibits consisting of more than one page shall be internally paginated in the lower right corner, displaying both the exhibit number and the page number.
Counsel must review and approve the exhibit list with the CRD before the list is given to the jury.
Exhibits are to be tagged in the lower right corner of each original page and numbered in accordance with Local Rule 16-6.
- Exhibit
Formatting
- •Tag original exhibit pages in lower right corner
If the parties choose to use paper/physical exhibits (versus digital), all exhibits will be placed in 3-ring, loose-leaf binders, in numerical order, with divider tabs containing exhibit numbers. The face and spine of the notebooks are to be marked with the case name and number, the numbers of the exhibits contained therein, and the volume number. Each binder must contain an index of the exhibits included in the volume. Any exhibits that a party wishes the jury to see in its original form (versus replicated form), should be placed in a Redweld and labeled and numbered as specified herein.
- Binding
- Three-ring binder
- Exhibit
Formatting
- •Physical exhibits only (not digital)
- •Numerical order
- •Divider tabs with exhibit numbers
- •Each binder includes exhibit index
- •Original form exhibits for jury: placed in Redweld, labeled/numbered per rules
or if otherwise desired by the parties, the parties must also prepare individual witness binders: one for the Court; one for the opposing party; and one for the witness. Witness binders are to include only those exhibits that will be used when a particular witness testifies. The name of the witness should appear on the binder, and exhibits must be in numerical order and tabbed so that the witness, the Court, and the opposing party may easily access each exhibit as the witness’s testimony proceeds. Witness binders are used for the convenience of the witness, the Court, and the parties. Accordingly, they need not be given to the CRD or the opposing side until each witness is called.
- Witness binder
Formatting
- •Optional but mandatory if used
- •Three binders per witness: Court, opposing party, witness
- •Only exhibits for that witness
- •Witness name on binder
- •Exhibits in numerical order with tabs
If the parties wish to use a paperless presentation method, details must be discussed at the Final Pretrial Conference.
Counsel are prohibited from asking witnesses to draw charts/diagrams; graphic aids must be prepared before court sessions.
Court's wording
Counsel must not ask witnesses to draw charts or diagrams or ask the Court’s permission for a witness to do so. If counsel wishes to question a witness in connection with graphic aids, the material must be fully prepared before the court session starts.
When reading deposition impeachment without further questions, counsel must state page/line ranges and allow objection time.
- Deposition
Formatting
- •Allow time for objection before reading deposition portions
Court's wording
If counsel wishes to read the questions and answers as alleged impeachment and ask the witness no further questions on that subject, counsel must first state the page and line where the reading begins and the page and line where the reading ends, and allow time for any objection. Counsel may then read the portions of the deposition into the record.
When referring to an exhibit, counsel should refer to its exhibit number whenever possible. Witnesses should be asked to do the same.
Counsel should prepare a summary document of interrogatory answers from lengthy documents and provide copies to court and opposing counsel.
- Interrogatory answer summary
Formatting
- •List each question and answer extracted
- •Identify source document for each answer
- •Copies must be provided to the Court and opposing counsel
Court's wording
Whenever counsel expects to offer a group of answers to interrogatories or requests for admissions extracted from one or more lengthy documents, 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 should be given to the Court and opposing counsel.
Document Filing Requirements18 rules
Joint Status Report (must address state of discovery)
Motions in limine should address specific issues (i.e., not “to exclude all hearsay”). Motions in limine should not be disguised motions for summary adjudication of issues.
Counsel must meet and confer per Local Rule 7-3 before filing motions in limine.
Court's wording
Counsel are to meet and confer as required by Local Rule 7-3 to determine whether opposing counsel intends to introduce the disputed evidence, and to attempt to reach an agreement that would obviate the motion.
Motions in limine must address only one item or category of evidence or witness, i.e., not compound.
Court's wording
each motion shall not be compound, i.e., each motion shall address only one item of evidence or witness or, if common grounds for exclusion or admission apply to multiple items of evidence or witnesses, only one category of evidence or witness.
A (Proposed) Pretrial Conference Order must be filed no later than five (5) court days before the Final Pretrial Conference and must comply with the format and content required in the Local Rules.
Joint witness list must include full names, testimony time estimates, descriptions, and comply with Local Rule 16-5.
Court's wording
Counsel are to submit the full names of the witnesses in the order that they are expected to testify, and provide, to the extent possible, an accurate estimate of the time needed for each witness for direct, cross, redirect, and re-cross. Counsel will also provide a description of each witness’s testimony, e.g., “eyewitness to accident.”... the parties shall comply with the requirements of Local Rule 16-5.
Counsel must file Proposed Findings of Fact and Conclusions of Law for court trials unless ordered otherwise.
Court's wording
Notwithstanding Local Rule 52, for any matter requiring findings of fact and conclusions of law, unless otherwise expressly ordered by the Court, counsel will be required to file (Proposed) Findings of Fact and Conclusions of Law.
Before or at the Rule 16-2 meeting, counsel must attempt to come to agreement on the proposed jury instructions and verdict forms.
Proposed Findings of Fact must include citations to admitted evidence; relevant transcript excerpts required if witness testimony establishes a fact.
Court's wording
The (Proposed) Findings of Fact must include citations to admitted evidence. Where witness trial testimony is necessary to establish a given fact, the party must obtain a transcript of the proceedings and file relevant excerpts of those transcripts with the (Proposed) Findings of Fact and Conclusions of Law.
If one party fails to comply with the provisions of this section, the other party must file a unilateral set of jury instructions, unless that party wishes to waive jury trial.
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.
Each requested jury instruction must cite authority, be full text, on separate page, numbered, single subject, no repetition, and submitted in reading order.
Court's wording
Each requested instruction must (1) cite the authority or source of the instruction; (2) be set forth in full; (3) be on a separate page; (4) be numbered; (5) cover only one subject or principle of law; and (6) not repeat principles of law contained in any other requested instruction. The instructions should be submitted in the order in which the parties wish to have the instructions read.
Counsel must provide an index with specific required fields for each set of filed jury instructions.
Court's wording
With each set of instructions filed, counsel must provide an index of all instructions submitted per the example below, which must include the following: -The number of the instruction; -The title of the instruction; -The source of the instruction and any relevant case citations; -The page number of the instruction.
Disputed jury instructions must include a 1-2 paragraph supporting statement, objection statement, and alternative instruction if applicable.
- Document
- Disputed jury instruction
Must include
- •Legal argument
Court's wording
Each disputed instruction must have attached a short (one or two paragraph) statement, including points and authorities in support of the instruction, as well as a brief statement, including points and authorities, in support of any objections. A proposed alternative instruction must be provided, if applicable.
Case-specific glossaries must include medical/technical terms, slang, names, case citations, and other case-specific terminology.
Court's wording
No later than five (5) court days before the Final Pretrial Conference, the parties are to file a case-specific glossary for the Court and reporter that includes applicable medical, scientific, or technical terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/entities involved in the case, names of people interviewed/deposed, names of family members, friends, or others who might be mentioned, and other case-specific terminology.
Joint exhibit lists must comply with Local Rule 16-6.1, the provided example, and FRCP 26(a)(3)(A).
Court's wording
A joint exhibit list shall be prepared in compliance with the example below and Local Rule 16-6.1. The joint exhibit list will be filed no later than five (5) court days prior to the Final Pretrial Conference, and shall contain the information required by Rule 26(a)(3)(A) of the Federal Rules of Civil Procedure.
The Court expects counsel to agree on the substantial majority of jury instructions, particularly when pattern or model instructions provide a statement of applicable law.
Parties must use pattern jury instructions where applicable, fill blanks, select bracketed language, and may only submit alternatives with a reasoned argument.
Court's wording
When the Manual of Model Jury Instructions for the Ninth Circuit provides an applicable jury instruction, the parties should submit the most recent version, modified and supplemented to fit the circumstances of this case. Where language appears in brackets, the appropriate language should be selected. All blanks should be completed. Where California law applies, counsel should use the current edition of California Jury Instructions–Civil (BAJI or CACI). If neither is applicable, counsel should consult the instructions manuals than Ninth Circuit or California instructions, counsel should be sure that the law on which the instruction is based is the same as Ninth Circuit law (or California or other state law, if applicable) on the subject. Counsel may submit alternatives to the Ninth Circuit model jury instructions, or BAJI or CACI, only if counsel has a reasoned argument that those instructions do not properly state the law or they are incomplete.
Filing & Service rules
Filing Timing and Cure Windows
To be filed five court days before: (Proposed) Pretrial Conf. Order; optional Voir Dire; Joint Statement of the Case; Joint Witness List; Glossary; Joint Exhibit List
To be filed five court days before: (Proposed) Pretrial Conf. Order; optional Voir Dire; Joint Statement of the Case; Joint Witness List; Glossary; Joint Exhibit List
Civil cases
Page 1 | Final Pretrial Conf., LR 16; Hearing on Motions in Limine
To be filed 7 calendar days before: Oppositions to Motions in Limine
To be filed 7 calendar days before: Oppositions to Motions in Limine
Civil cases
Page 1 | Initial Pretrial Conf. (LR 16)
To be filed 14 calendar days before: Motions in Limine (max. 4); Memorandum of Contentions of Fact and Law (LR 16-4); Joint and Disputed Jury Instructions; Verdict Forms
To be filed 14 calendar days before: Motions in Limine (max. 4); Memorandum of Contentions of Fact and Law (LR 16-4); Joint and Disputed Jury Instructions; Verdict Forms
Civil cases
Page 1 | Initial Pretrial Conf. (LR 16)
Pleadings may be amended or parties added up to 90 days from the scheduling conference.
Last day to amend pleadings or add -- parties (90 days from Scheduling Conference)
Civil cases
Page 2 | SCHEDULE OF PRETRIAL AND TRIAL DATES
Joint status report must be filed 24 weeks before final pretrial conference and must address the state of discovery.
Joint Status Report (must address state of discovery)
Civil cases
Page 2 | SCHEDULE OF PRETRIAL AND TRIAL DATES
Discovery and expert discovery cut-off dates require all discovery and related motion hearings to be completed by that date, not just service of requests.
The Court has established a cut-off date for discovery and also expert discovery, if applicable. These are not the dates by which discovery requests must be served; they are the dates by which all discovery, including all hearings on any related motions, must be completed.
Page 1 | I. DEADLINES, B. DISCOVERY AND DISCOVERY CUT-OFF, 1. Discovery Cut-off
Motions to add parties or amend pleadings must be scheduled for hearing on or before the established cut-off date.
All motions to add parties or to amend the pleadings must be noticed to be heard on or before the cut-off date.
Page 1 | I. DEADLINES, A. PARTIES/PLEADINGS
Written discovery must be served early enough to allow time to challenge deficient responses via motion before discovery cut-off.
All interrogatories, requests for production of documents, and requests for admissions must be served sufficiently in advance of the discovery cut-off date to permit the discovering party enough time to challenge (via motion practice) responses deemed to be deficient.
Page 2 | I. DEADLINES, B. DISCOVERY AND DISCOVERY CUT-OFF, 5. Written Discovery
Motions challenging adequacy of discovery responses must be filed early enough to obtain responses before discovery cut-off if granted.
Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted.
Page 2 | I. DEADLINES, B. DISCOVERY AND DISCOVERY CUT-OFF, 3. Discovery Motions
Depositions must start early enough to complete and allow time for related discovery motions before discovery cut-off.
All depositions must commence sufficiently in advance of the discovery cut-off date to permit their completion and to permit the deposing party enough time to bring any discovery motions concerning the deposition before the cut-off date.
Page 2 | I. DEADLINES, B. DISCOVERY AND DISCOVERY CUT-OFF, 4. Depositions
All motions except motions in limine must be noticed for hearing on or before the court-established motion cut-off date.
All motions, including Daubert motions, but excluding motions in limine, must be noticed so that the hearing takes place on or before the motion cut-off date.
Page 3 | C. MOTIONS
Parties in jury trial cases must notify the Court of any settlement by the Wednesday before the trial week begins.
In all cases set for jury trial, the parties must notify the Court of any settlement no later than the Wednesday preceding the week that trial is set to start so that the necessary arrangements can be made to schedule a different case for trial or notify the members of the public who would otherwise be reporting for jury duty that their services are not needed on that date.
Page 4 | E. ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES/NOTICE OF SETTLEMENT
Counsel must complete required ADR proceedings by the deadline set by the Court.
Counsel must complete an ADR proceeding no later than the date set by the Court.
Page 4 | E. ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES/NOTICE OF SETTLEMENT
Motions in limine must be filed 14 calendar days before the Initial Pretrial Conference.
All motions in limine must be filed fourteen (14) calendar days before the Initial Pretrial Conference date.
Page 5 | A. MOTIONS IN LIMINE
Proposed Pretrial Conference Order must be filed 5 court days before Final Pretrial Conference.
A (Proposed) Pretrial Conference Order must be filed no later than five (5) court days before the Final Pretrial Conference and must comply with the format and content required in the Local Rules.
Page 5 | B. PROPOSED PRETRIAL CONFERENCE ORDER
Joint statement of the case must be filed 5 court days before Final Pretrial Conference.
The statement shall not exceed one page. The statement must be filed with the Court no later than five (5) court days before the Final Pretrial Conference date.
Page 6 | C. TRIAL-RELATED DOCUMENTS 1. Statement of the case (jury trials only)
Joint witness list must be filed 5 court days before Final Pretrial Conference.
the parties shall file a joint witness list no later than five (5) court days prior to the Final Pretrial Conference.
Page 6 | C. TRIAL-RELATED DOCUMENTS 2. Witness list
Proposed and disputed jury instructions and verdict forms must be filed no later than 14 calendar days before the Initial Pretrial Conference.
Unless otherwise ordered by the Court, all proposed and disputed jury instructions and verdict forms are to be filed no later than fourteen (14) calendar days prior to the Initial Pretrial Conference date.
Page 8 | 4. Jury Instructions and Verdict Forms e.
Joint exhibit lists must be filed no later than 5 court days before the Final Pretrial Conference.
The joint exhibit list will be filed no later than five (5) court days prior to the Final Pretrial Conference, and shall contain the information required by Rule 26(a)(3)(A) of the Federal Rules of Civil Procedure.
Page 10 | 6. Exhibit List and Conference (a)
Case-specific glossaries must be filed no later than 5 court days before the Final Pretrial Conference.
No later than five (5) court days before the Final Pretrial Conference, the parties are to file a case-specific glossary for the Court and reporter that includes applicable medical, scientific, or technical terms, slang, the names and spellings of case names likely to be cited, street/city/country names, all parties/entities involved in the case, names of people interviewed/deposed, names of family members, friends, or others who might be mentioned, and other case-specific terminology.
Page 10 | 5. Glossary
Exhibit Conference is 3:30 PM Friday before trial, trial counsel must attend, exhibits submitted to CRD then.
AN EXHIBIT CONFERENCE REQUIRING THE ATTENDANCE OF TRIAL COUNSEL WILL BE HELD AT 3:30 P.M. ON THE FRIDAY BEFORE THE SCHEDULED TRIAL DATE, UNLESS THE COURT ORDERS OTHERWISE. Exhibits are to be submitted to the CRD at the time of this conference.
Page 12 | c. Exhibit Conference
Counsel may optionally file special voir dire questions no later than 5 court days before Final Pretrial Conference.
No later than five (5) court days before the Final Pretrial Conference, each counsel may, but is not required to, file with the Court any special questions requested to be put to prospective jurors during voir dire.
Page 12 | 7. Jury Selection a. Voir Dire
Service and Proof of Service Rules
Counsel must show new exhibits to opposing counsel before mentioning them in court.
To save time, counsel must show a new exhibit to opposing counsel before it is mentioned in court.
Page 17 | C. TRIAL-RELATED DOCUMENTS
Trial depositions must be provided to the CRD by the first day of trial or earlier; counsel should verify receipt.
All depositions to be used at trial, either as evidence or potentially for impeachment, must be provided to the CRD on the first day of trial or such earlier date as the Court may order. Counsel should verify with the CRD that the relevant deposition is in the CRD’s possession.
Page 17 | F. DEPOSITIONS
Plaintiff's counsel must serve proposed jury instructions and verdict forms at least 14 calendar days before the Local Rule 16-2 counsel meeting.
At least fourteen (14) calendar days before the meeting of counsel required by Local Rule 16-2 (which must occur at least 40 days before the date set for the Final Pretrial Conference), counsel for plaintiff(s) must serve on defense counsel proposed jury instructions and proposed verdict forms.
Page 7 | 4. Jury Instructions and Verdict Forms a.
Defense counsel must serve objections and alternative jury instructions/verdict forms within 7 calendar days of plaintiff's service.
Within seven (7) calendar 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.
Page 7 | 4. Jury Instructions and Verdict Forms a.
Pre-Motion Conference Requirements
Discovery motions require a pre-motion conference before filing unless ex parte leave is obtained.
Pursuant to this Court’s procedures, no discovery motion may be filed until the Court has conducted a pre-motion conference unless the movant has obtained leave of Court sought by an ex parte application.
Page 2 | I. DEADLINES, B. DISCOVERY AND DISCOVERY CUT-OFF, 3. Discovery Motions
Chambers Communication Rules
Counsel must immediately send settlement notifications to the Chambers email address upon reaching settlement.
In addition, counsel must immediately send a notification of the settlement to the Chambers email box.
Page 4 | E. ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES/NOTICE OF SETTLEMENT
Counsel must email Microsoft Word versions of Proposed Findings of Fact and Conclusions of Law to chambers email SSC_Chambers@cacd.uscourts.gov in addition to filing.
In addition to filing, counsel must email Microsoft Word versions of their (Proposed) Findings of Fact and Conclusions of Law to the chambers email address: SSC_Chambers@cacd.uscourts.gov.
Page 7 | 3. Findings of Fact and Conclusions of Law (Court Trials only)
Counsel are to advise the CRD of any agreements they have with respect to the proposed exhibits and as to those exhibits that may be received so that no further motion to admit need be made.
Counsel are to advise the CRD of any agreements they have with respect to the proposed exhibits and as to those exhibits that may be received so that no further motion to admit need be made.
Page 17 | C. TRIAL-RELATED DOCUMENTS
Counsel must give advance notice of difficult legal issues and notify CRD of unexpected issues at day's adjournment.
If any counsel has reason to anticipate that a difficult question of law or evidence will necessitate legal argument requiring research or briefing, counsel must give the Court advance notice. Counsel are directed to notify the CRD at the day’s adjournment if an unexpected legal issue arises. Counsel must also advise the CRD at the end of each
Page 18 | H. ADVANCE NOTICE OF DIFFICULT OR UNUSUAL ISSUES