Judge Phyllis J. Hamilton
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Opposition Brief
- 1 copy • Within 24 Hours
Communication
Chambers
Phone
Page & Word Limits2 rules
Trial briefs limited to 25 pages with no opposition allowed.
- Trial brief
- Up to 25 pages
Court's wording
Serve and file trial briefs (not to exceed 25 pages), which shall specify each cause of action and defense remaining to be tried along with a statement of the applicable legal standard (no opposition shall be filed);
Serve and file no more than ten motions in limine, which shall be filed in one document not to exceed 25 pages;
- Motion in limine
- Up to 25 pages
Document Format Requirements3 rules
Footnotes must be 12-point font or larger and not used to circumvent page limits; sentences must be separated by 2 spaces.
- Font size
- 12 points
Court's wording
Footnotes in briefs appearing in smaller than the 12-point font required for the text, will be stricken, see Civil L. R. 3-4(c)(2), as will footnotes that are so numerous as to be clearly designed to defeat the page limits found at Civil L. R. 7-2 - 7-4. Any brief must separate sentences by 2 spaces after each sentence.
Exhibits must be premarked, tabbed, and in binders with specific numbering.
- Exhibit
Formatting
- •Premarked with exhibit sticker
- •Tabbed
- •In binders
Court's wording
Exchange exhibits which shall be premarked with an exhibit sticker tabbed and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and defendant shall use numbers preceded by a letter (A-1, A-2, A-3, etc.). Additional parties shall also use a letter preceding numbers (B-1, B-2, B-3, or C-1, C-2, C-3, etc.).
Or any other substantively similar format that permits the court to compare terms side by side
Formatting
- •Allow side-by-side comparison of proposed constructions and evidence
Document Filing Requirements38 rules
Protective orders with sealing provisions must include Civ. L.R. 79-5 compliance procedure
Court's wording
Therefore, all proposed protective orders submitted for court approval which contain provisions for filing documents under seal, must also provide a procedure for obtaining the sealing order that complies with Civ. L.R. 79-5.
Joint Letter must detail every disputed issue and each party's position
- Document
- Joint letter
Must include
- •Proposed resolutions
- •Description of issues
Court's wording
The Joint Letter must include a description of every issue in dispute and, with respect to each such issue, a detailed summary of each party’s final substantive position and its respective proposed resolution on each issue.
When filing a proposed stipulated protective order or ESI order, the parties must also file a redline comparison of their proposed order against its respective model order.
- Document
- Protective order
Must include
- •Redline comparison
Advance written request required to protect confidential documents/testimony at trial
Court's wording
Any party believing that a document, portions thereof, or witness testimony should remain confidential during trial must request in advance of trial that the court take extraordinary measures to protect the confidentiality of that information.
The request must be made in writing and filed no later than the date on which pretrial papers are due.
Each motion must include a proposed order with relief sought and rationale.
- Document
- Motion
Must include
- •Proposed order
Court's wording
Each party filing or opposing a motion shall also serve and file a proposed order which sets forth the relief or action sought and a short statement of the rationale of decision, including citation of authority that the party requests the court to adopt.
Joint pretrial statement must be filed 28 days before pretrial conference; separate statements not accepted and may result in sanctions.
Court's wording
Not less than 28 days prior to the pretrial conference, counsel and/or parties shall: a. Serve and file a joint pretrial statement. (Separately filed statements will not be accepted by the court and monetary sanctions will be imposed upon the party failing to cooperate in the preparation of a joint statement).
Not less 35 days prior to the pretrial conference, all counsel and/or parties shall meet and confer regarding preparation of the joint pretrial statement.
Exhibit list required with description and sponsoring witness.
- Document
- Exhibit list
Include
- •Sponsoring witness
- •Substance and purpose
Court's wording
Serve and file a numerical list of exhibits that will be offered as evidence in a party's case in chief in support of a claim or defense, with a brief statement describing the substance and purpose of each exhibit and the name of the sponsoring witness;
List of deposition excerpts required for non-testifying witnesses.
- Document
- Deposition excerpt list
Include
- •Discovery responses
- •Page and line references
Court's wording
Serve and file a list of deposition excerpts for witnesses who will not testify in person, (specifying the witness, page and line references) and other discovery responses that will be offered at trial;
Witness list required with brief description of testimony.
Court's wording
Serve and file a list of all witnesses to be called at trial, in person or by deposition, other than solely for impeachment or rebuttal, with a brief statement describing the substance of the testimony to be given;
Submit two sets for jury trials and three sets for court trials of all premarked exhibits to the Clerk's Office (exhibits are not filed);
Serve and file proposed findings of fact and conclusions of law for cases or claims to be tried by the court.
- Document
- Proposed findings conclusions
Include
- •Findings of fact
- •Conclusions of law
Opposition to motions in limine due 14 days before pretrial conference, no replies.
Court's wording
Not less than 14 days prior to the pretrial conference, counsel and/or parties shall serve and file any opposition to a motion in limine and any counter deposition designations. No replies shall be filed.
Serve and file a proposed verdict form which contains no reference to submitting party.
Serve and file proposed joint voir dire questions and joint jury instructions for cases to be tried by jury;
- Document
- Joint voir dire questions
Include
- •Joint jury instructions
No party shall be permitted to call any witness or offer any exhibit in its case in chief that is not disclosed in these pretrial filings without leave of court and for good cause.
Joint claim construction statement must be truly joint, clearly designate disputed terms, and list each disputed term with proposed constructions side by side.
Court's wording
The joint claim construction statement required by Pat. L. R. 4-3 must be truly joint. Disputed terms, phrases, and clauses must be clearly designated as disputed. All other terms will be presumed undisputed. For any term in dispute, the parties must agree on what the term actually is. With regard to disputed terms, phrases, or clauses, the joint statement must list each disputed term, phrase, or clause (listed by claim); each party’s proposed construction; and support for each party’s proposed construction side by side.
The submission must include specified information about removal and diversity jurisdiction.
Court's wording
Upon removal of this action, the removing defendant or defendants shall, within ten (10) days of the date of removal, file and serve a submission providing the following information: 1. Whether all defendants served at the time of removal joined in the notice of removal. 2. Whether the notice of removal was dated more than thirty (30) days after the first defendant was served. 3. If the action has been removed on the grounds of diversity jurisdiction, whether any defendant served at the time of removal is a citizen of California. 4. If the action has been removed on the grounds of diversity jurisdiction, the citizenship of all named plaintiffs and all named defendants (including the citizenship of all members or partners in any non-corporate party).
Plea Agreement to chambers by 5pm day before; open plea notification to deputy by 5pm day before
Court's wording
Judge Hamilton does not use an Application for Entry of Plea. However, counsel for the government shall deliver a copy of the Plea Agreement to chambers by 5:00 p.m., the day before the plea is to be entered. Should the plea not involve a Plea Agreement, counsel for the defendant shall notify the courtroom deputy of the entry of an open plea by 5:00 p.m., the day before the plea is to be entered.
Motions must comply with Crim. L.R. 47-2(b) and Civil L.R. 7-5 for affidavits/declarations
- Document
- Motion
Must include
- •Affidavit or declaration
Court's wording
All motions and oppositions to motions shall comply with Crim. L.R. 47-2(b), which requires that motions “presenting issues of fact . . . be supported by affidavits or declarations which comply with the requirements of Civil L.R. 7-5.” Civil L.R. 7-5, in turn, requires that “[f]actual contentions made in support of or in opposition to any motion must be supported by an affidavit or declaration and by appropriate references to the record.” Moreover, other evidence in support of or in opposition to any motion “must be appropriately authenticated by an affidavit or declaration.” That rule further requires that affidavits and declarations contain factual contentions only, avoiding conclusions and legal argument, and “conform as much as possible to the requirements of FRCivP 56(e).”
Any objections to the video that are not raised at the pretrial conference will be deemed waived.
Counsel and/or parties shall be prepared at the pretrial conference to discuss any objections to showing this video to potential jurors before the jury selection process.
Motion for leave must demonstrate good cause and explain why other methods of limiting claims are ineffective.
Court's wording
If a party genuinely believes that it will require that more than approximately ten terms be construed, that party may move pursuant to Civ. L. R. 7-11 for leave to designate additional terms for construction. The requesting party must demonstrate good cause and explain why other methods of limiting the claims at issue (such as selecting representative claims or grouping claims by issues presented) would be ineffective.
Parties must attach to the joint claim construction statement copies of all patents in dispute. Parties must also make a complete prosecution history for each patent available to the court upon request.
Parties are discouraged from proposing new constructions in reply briefs; if necessary, must clearly state new construction, explain basis, and revise joint statement.
Court's wording
While the court encourages the parties to negotiate mutually agreeable constructions, the court discourages the parties from proposing new constructions for the first time in reply briefs or other filings which do not afford the opposing party an opportunity to respond. However, if it becomes necessary for a party to propose a different construction in its brief than that found in the joint claim construction statement, that party must clearly set forth the new construction and explain the basis for the change. Additionally, that party shall revise the joint claim construction statement, so that the court will have one document reflecting all current proposed constructions.
Claim construction briefs must address only truly disputed terms in the same order as the joint statement and must notify the court if any terms are no longer disputed.
Court's wording
Claim construction briefs must address each disputed term, but only those that are truly disputed. The disputed terms must be addressed by both parties in the same order as they appear in the joint claim construction statement. Additionally, the parties shall advise the court terms disputed in the joint claim construction statement are no longer disputed in the briefs. And of course, the briefs may not address disputes that are not set forth in the joint claim construction statement.
Case management statement must address specified topics including discovery, dispositive motions, willful infringement/advice of counsel, settlement, and other pretrial matters.
Court's wording
In the case management statement to be filed 7 calendar days prior to the conference, the parties must address the following topics: a) anticipated post-claim construction discovery; b) the filing of dispositive motions; c) if willful infringement has been asserted, whether the allegedly- infringing party wishes to rely on the advice of counsel defense. If so, the parties should be prepared to address proposals for resolving any attorney-client privilege issues that arise, and whether the parties believe bifurcation of the trial into liability and damages phases would be appropriate; d) the progress of settlement discussions, if any; e) any other pretrial matters.
If counsel, parties and/or witnesses will require any special accommodations during trial, such requests shall be raised at the pretrial conference.
Counsel must review unconscious bias video before pretrial conference.
Court's wording
In advance of the pretrial conference, counsel and/or parties shall review the court-approved video entitled Understanding the Effects of Unconscious Bias, available at https://cand.uscourts.gov/attorneys/jury-video, which is designed to educate potential jurors about the role of unconscious bias in the work of juries.
The following jury instructions from the Ninth Circuit Manual of Model Jury Instructions Civil (2017 Edition) shall be given absent objection: 1.3 - 1.7, 1.9 - 1.18, 1.20 - 1.21, 3.1 - 3.3, and 3.5.
Jury instructions must be typed on separate pages with citations and party references; blind copies required.
Court's wording
Each instruction shall be typed in full on a separate page with citations to the authority upon which it is based and a reference to the party submitting it. A second blind copy of each instruction shall also be submitted omitting the citation to authority and the reference to the submitting party, but retaining the title of the instruction.
Joint jury instructions required; disagreements may be submitted separately.
Court's wording
Counsel shall submit a joint set of these instructions along with a joint set of case specific instructions using the Ninth Circuit Manual where appropriate. Any instructions on which counsel cannot agree may be submitted separately.
The court's trial schedule is 8:30 a.m. to 1:30 p.m. with two fifteen-minute breaks, on Monday, Tuesday, Thursday and Friday.
Counsel shall submit a joint set of additional voir dire questions to be posed by the court. Any voir dire questions on which counsel cannot agree may be submitted separately.
Counsel will be permitted brief follow-up voir dire after the court's questioning.
- Document
- Voir dire
Include
- •Follow up permitted
An electronic version of the proposed instructions in Microsoft Word format (.doc or .docx) must be emailed to the court's proposed order mailbox: pjhpo@cand.uscourts.gov.
The attached voir dire questionnaire shall be given to the venire members and copies of the responses will be made available to counsel at the beginning of voir dire.
Filing & Service rules
Filing Timing and Cure Windows
Motion for leave to designate additional claim construction terms must be filed at least two weeks before joint statement deadline and must show good cause.
If a party genuinely believes that it will require that more than approximately ten terms be construed, that party may move pursuant to Civ. L. R. 7-11 for leave to designate additional terms for construction. The requesting party must demonstrate good cause and explain why other methods of limiting the claims at issue (such as selecting representative claims or grouping claims by issues presented) would be ineffective. The request must be filed no later than two weeks before the deadline for filing the joint claim construction statement.
Civil cases
Page 1 | Claim Construction
Opening briefs for claim construction must be filed at least six weeks before the claim construction hearing.
The patent holder will act as the moving party for the purposes of claim construction. Opening briefs in support of claim construction must be filed at least six weeks before the date of the claim construction hearing, and the briefing schedule set forth at Patent L. R. 4-5 will apply.
Civil cases
Page 2 | Tutorial and Claim Construction Hearing
Case management statement must be filed 7 calendar days before the subsequent case management conference.
In the case management statement to be filed 7 calendar days prior to the conference, the parties must address the following topics:
Civil cases
Page 3 | Subsequent Case Management Conference
Motion to remand based on non-jurisdictional defects must be filed within 30 days after removal.
Any motion to remand the action to state court based on any defect other than lack of subject matter jurisdiction shall be filed within thirty (30) days after removal.
Civil cases
Page 1 | STANDING ORDER RE REMOVED CASES
Removing defendant must file a submission within 10 days of removal.
Upon removal of this action, the removing defendant or defendants shall, within ten (10) days of the date of removal, file and serve a submission providing the following information: 1. Whether all defendants served at the time of removal joined in the notice of removal. 2. Whether the notice of removal was dated more than thirty (30) days after the first defendant was served. 3. If the action has been removed on the grounds of diversity jurisdiction, whether any defendant served at the time of removal is a citizen of California. 4. If the action has been removed on the grounds of diversity jurisdiction, the citizenship of all named plaintiffs and all named defendants (including the citizenship of all members or partners in any non-corporate party).
Civil cases
Page 1 | STANDING ORDER RE REMOVED CASES
Plaintiff may file a response to defendant's submission within 10 days.
If plaintiff wishes to respond to defendant's submission, such response, if any, shall be filed and served within ten (10) days of defendant's submission.
Civil cases
Page 1 | STANDING ORDER RE REMOVED CASES
Service and Proof of Service Rules
Demonstrative exhibits must be exchanged at least 48 hours before the claim construction hearing.
Demonstrative exhibits and visual aids are permissible at the hearing as long as they are based on information contained in the papers already filed. Counsel shall exchange copies of exhibits no later than forty eight hours prior to the hearing.
Civil cases
Page 2 | Tutorial and Claim Construction Hearing
Courtesy Copy Requirements
Courtesy copy of opposition brief to Clerk's Office by noon next day.
A courtesy copy of any opposition brief must be delivered to the Clerk's Office no later than noon the day following the filing.
Civil cases
Page 4 | CIVIL PRETRIAL INSTRUCTIONS
Courtesy copies of all briefs required per Civil L.R. 5-1(e)
A courtesy copy of all briefs shall be submitted in accordance with Civil L.R. 5-1(e).
Criminal cases
Page 1 | MOTIONS
Sealing & Redaction Procedures
Sealed documents must follow court's standing order and Civil L.R. 79-5; sealing requests for dispositive motions are rarely granted.
Confidential and/or sealed documents shall be handled in accordance with this court's standing order and Civil L.R. 79-5, both of which the parties shall consult before moving for a protective order or requesting a sealing order. Requests to seal documents used in conjunction with dispositive motions are rarely granted and then only upon a showing of the most compelling of reasons.
Civil cases
Page 2 | A. PRETRIAL MOTIONS
Broad protective orders giving parties sealing discretion will not be approved
The court will not approve a broad protective order that essentially gives each party carte blanche to decide which portions of the record will be sealed and, therefore, not made part of the public record.
Civil cases
Page 1 | Proposed Protective Orders
Confidential documents lose protection when offered as trial exhibits without compelling reasons
Any document will lose its confidential status if offered as an exhibit at trial, absent a showing of the “most compelling” reasons.
Civil cases
Page 2 | Use of Confidential Documents at Trial
Pre-Motion Conference Requirements
Face-to-face videoconference required before court relief for discovery disputes
If meeting and conferring by email, letter, or phone call proves unsuccessful in resolving a discovery dispute, the parties must confer face-to-face by videoconference before seeking relief from the court.
Civil cases
Page 1 | Discovery Disputes
Joint Letter (max 5 pages) required within 10 business days after videoconference
If the dispute is not resolved, then, within ten business days of the videoconference, the parties must file a Joint Letter with the court. The Joint Letter may not exceed five pages.
Civil cases
Page 1 | Discovery Disputes
Court will construe no more than ten terms; if more than ten disputed, parties must meet and confer to narrow to ten.
As an initial matter, the court will construe no more than ten terms. If more than ten terms are in dispute, the parties must meet and confer before the preparation of the joint claim construction statement on narrowing the selection of terms to be construed by the court and must jointly propose the ten terms requiring construction.
Civil cases
Page 1 | Claim Construction
If more than ten terms are submitted without leave, court will construe only the first ten and sanctions may be imposed.
If more than ten terms are submitted for construction without leave of court, the court will construe the first ten terms listed in the joint claim construction statement and sanctions may be imposed.
Civil cases
Page 1 | Claim Construction
Sentencing motions: 7 days for filing, 5 days for responses
Motions pertaining to sentencing and sentencing memoranda shall be filed at least 7 days before the date on which Judgment and Sentencing is scheduled. Responses or objections shall be filed at least 5 days before the date on which Judgment and Sentencing is scheduled.
Criminal cases
Page 1 | MOTIONS
Motion briefing deadlines: 21 days for motions, 14 days for oppositions, 7 days for replies
Except for hearing and briefing dates set by the court, the parties may stipulate to any briefing schedule they wish as long as all briefing is complete at least 7 days in advance of the hearing. In the absence of a stipulation, motions (except those pertaining to sentencing) shall be filed at least 21 days in advance of the hearing date. Opposition briefs shall be filed at least 14 days in advance of the hearing date. Reply briefs shall be filed at least 7 days in advance of the hearing date.
Criminal cases
Page 1 | MOTIONS
Tutorial scheduled 2-4 weeks before claim construction hearing; each side 30-45 minutes; patent holder first; visual aids encouraged; non-counsel presenter preferred; no argument or examination; not recorded.
The court will schedule a tutorial to occur two to four weeks prior to the claim construction hearing. Each side will be permitted 30-45 minutes to present a summary of the background of the technology involved, an explanation of the nature of the problem the inventor sought to solve, and reference to the prior art in existence at the time of conception. The patent holder will make the first presentation. Visual aids are encouraged. The court prefers that someone other than counsel make the presentation. No argument or examination will be permitted. The proceeding is not recorded and statements made during the tutorial may not be cited as judicial admissions against a party.
Civil cases
Page 2 | Tutorial and Claim Construction Hearing
Chambers Communication Rules
Microsoft Word version of proposed orders must be emailed to pjhpo@cand.uscourts.gov
Additionally, as required for all proposed orders, the parties must also send a Microsoft Word version of their order to pjhpo@cand.uscourts.gov.
Civil cases
Page 2 | Redline Comparisons
If extrinsic evidence is needed at claim construction hearing, counsel may request a telephone conference within two weeks of the hearing to seek approval.
The court will not ordinarily hear extrinsic evidence at the claim construction hearing. Should it become apparent that testimony will be necessary, counsel may request a telephone conference with the court within two weeks of the hearing to seek the court’s approval.
Civil cases
Page 2 | Tutorial and Claim Construction Hearing
Counsel should request a telephone conference with the court as soon as it is apparent that a special setting is necessary.
Counsel should request a telephone conference with the court as soon as it is apparent that a special setting is necessary.
Civil cases
Page 3 | Claim Construction
Prehearing conferences not generally held; parties may request a telephone conference within two weeks before the hearing.
Prehearing conferences are not generally held. However, either party may request a telephone conference within two weeks prior to the hearing, or the parties may address any prehearing issues at the tutorial.
Civil cases
Page 2 | Tutorial and Claim Construction Hearing