Judge Jinsook Ohta
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Trial Exhibit
- 1 copy • Hand Delivery • At Least 3 Days Before Trial
Adjournments
- Parties must meet and confer before requesting a continuance or extension.
- Joint motions for continuance must be filed by 9:00 AM Wednesday before hearing.
- If counsel stipulate to a continuance, a joint motion should be filed on the CM/ECF docket, and a proposed order should be emailed to efile_ohta@casd.uscourts.gov.
- +3 more
Request must include
Communication
Chambers
Phone
Chambers
Phone
Chambers
Phone
Chambers
Page & Word Limits2 rules
Each side may file max 5 motions in limine; motions and responses limited to 5 pages; replies are prohibited.
- Motion in limine
- Up to 5 pages per side
- Opposition
Exception
More pages with leave of court
Court's wording
Unless the Court grants permission otherwise, each side is limited to five motions in limine and the motions and the responses to the motions will not exceed five pages. No replies to motions in limine are permitted.
Each side is limited to five motions in limine.
Document Format Requirements7 rules
Counsel must email proposed orders in Word (.doc) format to efile_ohta@casd.uscourts.gov
- File type
- Word
- Proposed order
Formatting
- •Word (.doc) format required for email submission
All exhibits submitted in support of motions should be excerpted to include only relevant material. All exhibits must be clearly labeled, dated, tabbed, and indexed.
- Exhibit
Formatting
- •Excerpted to include only relevant material
- •Clearly labeled
- •Dated
- •Tabbed
- •Indexed
The parties must also email a proposed order in Word (.doc) format to efile_ohta@casd.uscourts.gov. See Civil Chambers Rule II.B. The proposed order must set forth the currently scheduled date and the new, proposed date.
- File type
- Word
- Proposed order
Formatting
- •Word (.doc) format
Parties may use their own exhibit stickers if the stickers include the exhibit number and case number.
- Trial exhibit
Formatting
- •Exhibit stickers must include exhibit number and case number if party-provided
Civil trials must only use numbers for identifying exhibits and not letters, unless otherwise ordered by the Court.
Disputed jury instructions must be color-coded per specified scheme and both parties' versions submitted.
Court's wording
For all disputed instructions, the parties will prepare their respective proposed instruction and submit both proposals in the one set submitted to the Court. The text of the disputed instructions shall be color-coded as follows a. Model Instruction Text: black ink b. Stipulated Modifications to Model Instructions: red ink c. Plaintiff’s Proposed Edits or Additions: blue ink d. Defendant’s Proposed Edits or Additions: green ink
Competing versions of the same disputed jury instruction must be placed consecutively in the submission set.
Court's wording
if the parties propose different versions of the same instruction, each version of the disputed instruction shall comply with the color coding above. These competing versions of the same instruction should be placed one after another in the one set of proposed instructions submitted to the Court.
Document Filing Requirements33 rules
Proposed orders must be submitted with motions, include “[PROPOSED]” in caption, emailed in Word format to specified address, not filed on docket.
- Document
- Proposed order
- Placement
- Caption
Must include
- •[PROPOSED] in brackets in caption
Court's wording
B. Proposed Orders. Proposed orders must be submitted simultaneously with all motions. Proposed orders should contain “[PROPOSED]” in brackets in the caption. This Chambers Rule mandating the addition of “[PROPOSED]” supersedes Section 2(h) of the ECF Manual. Counsel must email proposed orders in Word (.doc) format to efile_ohta@casd.uscourts.gov and include the case number and case name in the subject line of the email. Proposed orders or other documents requiring the Judge’s signature must not be filed on the docket.
Motions must include a declaration detailing meet and confer date, good faith efforts, and opposing counsel's positions.
- Document
- Motion
Must include
- •Certificate of conference
Court's wording
counsel for the moving party must include in the motion papers a declaration detailing (1) the date of the meet and confer; (2) counsel’s good faith efforts, in person or by telephone, to meet and confer to resolve differences with opposing counsel; and (3) the positions taken by opposing counsel such that resolution was not possible.
Do not include as exhibits documents already on any U.S. district court electronic docket; cite them in the motion text instead.
Court's wording
Copies of documents already contained on the electronic docket in any United States district court should not be included as exhibits. Such documents should be cited in the text of the motion with the case name, docket number, filing date, and any other information (e.g., pages or paragraph numbers) that aids the Court (e.g., Doe v. Does, No. 22cv306 (N.D. Cal. Jan. 13, 2022), Dkt. __ at __).
If the parties reach an agreement, they must file a joint motion with a declaration explaining the reasons for the requested continuance or extension of time.
Ex parte motions must include a declaration documenting contact efforts, meet and confer efforts, and opposing counsel’s position.
Court's wording
All ex parte motions must be accompanied by a declaration from the movant documenting (1) efforts to contact opposing counsel, (2) counsel’s good faith efforts, in person or by telephone, to meet and confer to resolve differences with opposing counsel, and (3) opposing counsel’s position regarding the ex parte motion.
For cases not assigned to a reporter for publication, Westlaw or Lexis citations should be given, if available. Citations to cases not available in Westlaw or Lexis should be accompanied by copies of the cases cited attached as exhibits.
The proposed pretrial order must comply with the requirements of Civil Local Rule 16.1(f)(6)(c).
Parties must jointly submit one set of proposed jury instructions including preliminary, during trial, and final instructions.
Court's wording
The parties are required to jointly submit one set of agreed upon instructions. To submit to the Court one complete set of proposed instructions consisting of 1) preliminary jury instructions; 2) during trial jury instructions; and 3) final jury instructions.
All instruction headings must identify whether the instruction is jointly proposed or, if disputed, the party proposing the instruction.
Motions in limine must include a declaration confirming good faith meet and confer with specified content.
Must include
- •Certificate of conference
Court's wording
Counsel must confirm their good faith attempt to resolve the issues in a declaration that includes (1) the date of the meet and confer; (2) counsel’s good faith efforts, in person or by telephone, to resolve differences with opposing counsel; and (3) the positions taken by opposing counsel such that resolution was not possible.
For each disputed instruction, the parties must provide to the Court the factual or legal basis for each party’s position.
Proposed orders or other documents requiring the Judge's signature must not be filed on the docket.
Proposed orders must be submitted simultaneously with all motions.
- Document
- Motion
Must include
- •Proposed order
Proposed orders should contain the word "[PROPOSED]" in brackets in the caption.
- Document
- Proposed order
Should include
- •[PROPOSED]
Counsel must email proposed orders in Word (.doc) format to efile_ohta@casd.uscourts.gov and include the case number and case name in the subject line of the email.
No party shall submit more than five sentencing letters without leave of Court.
The first exchange of expert disclosure will take place five weeks before trial and any exchange of rebuttal experts will take place three weeks before trial.
all discovery, including reciprocal discovery and expert discovery, must be completed three weeks before trial.
Counsel shall file a sentencing summary chart at a minimum, and may also file a sentencing memorandum, no later than seven days before the
- Document
- Sentencing
Must include
- •Sentencing summary chart
Jury instructions shall be submitted to the Court two weeks before trial in the following format:
Pursuant to Criminal Local Rule 23.1, the parties may, no later than two weeks before the date of trial, serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues.
Counsel must serve and file any proposed voir dire questions, proposed verdict forms, and the government’s list of witnesses no later than two weeks before the date of trial.
All exhibits must be pre-marked on the first day of trial.
Before publishing an exhibit to the jury, counsel must either move for admission of the exhibit or allow the Court to inquire whether the opposing side has any objection to publication.
Government counsel must provide a list of exhibits and give it to the courtroom deputy on the first day of trial.
Unless authorized by the Court, parties should not submit jury questionnaires.
When referring to an exhibit, counsel should refer to its exhibit number whenever possible to keep a complete record.
- Document
- Exhibit
Should include
- •Exhibit number
The Court prefers that a presentence report be prepared in every case for sentencing.
The Court encourages pleas before the magistrate judge assigned to the case.
Rule 11 guilty pleas may be taken by the magistrate judge on a report and recommendation.
Include
- •Report and recommendation
Rule 11 proceedings before the district judge may occur at the pretrial motion hearing or as soon as scheduled by contacting the courtroom deputy in advance.
Immediate sentencing in immigration cases possible with stipulation and joint request.
Court's wording
Upon stipulation filed by both parties and joint request made by motion on the docket or by request to the courtroom deputy, the Court may proceed with immediate sentencing in certain immigration cases if it has adequate information in the record to perform a meaningful exercise of sentencing authority.
Pursuant to Criminal Local Rule 1.1(e) and Civil Local Rule 79.1, all exhibits will be returned to the party who produced them at the end of trial.
Filing & Service rules
Electronic Filing Rules
Proposed orders and judge-signed documents must not be filed on the ECF docket.
Proposed orders or other documents requiring the Judge’s signature must not be filed on the docket.
Page 2 | II. Noticed Motions B. Proposed Orders
Final Exhibit and Witness Lists must be emailed to efile_ohta@casd.uscourts.gov 14 days before trial.
email a copy of their Final Exhibit and Witness Lists to efile_ohta@casd.uscourts.gov fourteen (14) days before trial.
Page 5 | X. Trial B. Trial Exhibits
Jointly proposed and disputed preliminary, during trial, and final jury instructions must be submittedto efile_ohta@casd.uscourts.gov by the court-set deadline.
includes both the jointly proposed and disputed instructions for the 1) preliminary jury instructions; 2) during trial jury instructions; and 3) final jury instructions to efile_ohta@casd.uscourts.gov by the deadline set by the Court.
Page 7 | Jury Instructions
Filing Timing and Cure Windows
Ex parte motions not opposed within 2 court days are considered unopposed.
Ex parte motions that are not opposed within two (2) Court days will be considered unopposed and may be granted on that ground.
Page 3 | III. Ex parte Motions
If the parties are unable to reach an agreement, the requesting party must file an ex parte motion demonstrating satisfaction of the applicable legal standard. Such a motion should be filed at least two (2) Court days prior to the event or deadline that the moving party seeks to continue.
If the parties are unable to reach an agreement, the requesting party must file an ex parte motion demonstrating satisfaction of the applicable legal standard. Such a motion should be filed at least two (2) Court days prior to the event or deadline that the moving party seeks to continue.
Page 3 | V. Continuances
Proposed pretrial order must be emailed to court at least 7 days before pretrial conference.
Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email to efile_ohta@casd.uscourts.gov a proposed pretrial order at least seven (7) days before the pretrial conference.
Page 4 | VIII. Pretrial Conference
Joint motion to dismiss and proposed order must be filed/emailed within 28 days of settlement, unless Rule 41(a)(1) dismissal applies.
Unless a notice of dismissal is filed under Federal Rule of Civil Procedure 41(a)(1) for which a court order is not required, the parties must file a joint motion to dismiss and email the proposed order to the Court within twenty-eight (28) days of the settlement.
Page 4 | VII. Settlement
Service and Proof of Service Rules
Proposed orders must be emailed in Word format to efile_ohta@casd.uscourts.gov with case number and name in subject line.
Counsel must email proposed orders in Word (.doc) format to efile_ohta@casd.uscourts.gov and include the case number and case name in the subject line of the email.
Page 2 | II. Noticed Motions B. Proposed Orders
Ex parte motions must be served on opposing counsel via email or overnight mail.
Any ex parte motion filed with the Court must be served on opposing counsel via email, or overnight mail.
Page 3 | III. Ex parte Motions
Final Exhibit and Witness Lists must be exchanged 14 days before trial.
The parties must also exchange their Final Exhibit and Witness Lists fourteen (14) days before trial
Page 5 | X. Trial B. Trial Exhibits
Courtesy Copy Requirements
Paper courtesy copies are prohibited unless specifically requested by the Court.
C. Courtesy Copies. Unless otherwise requested by the Court, do not deliver any paper courtesy copies to the Court.
Page 2 | I. Communications with Chambers C. Courtesy Copies
One paper courtesy copy of trial exhibits is due at least 3 days before trial.
For both bench trials and jury trials, the parties must submit one (1) courtesy copy of the trial exhibits at least three (3) days before trial begins. Counsel should contact the courtroom deputy to arrange a time to deliver the courtesy copies.
Page 5 | X. Trial B. Trial Exhibits
Electronic copy (USB) of trial exhibits is due at least 3 days before trial.
The parties must also submit the trial exhibits in an electronic-media format (e.g., a USB flash drive) at least three (3) days before trial.
Page 5 | X. Trial B. Trial Exhibits
Sealing & Redaction Procedures
Motions to seal must be narrowly tailored, include specific required elements, and include redacted and unredacted document versions.
The public enjoys a presumptive right of public access to court records based upon the First Amendment and the common law; therefore, motions to file documents under seal are strongly discouraged. The fact that both sides agree to seal a document is insufficient cause for sealing. Motions based solely on a party’s designation of a document as “confidential” or “attorneys’ eyes only” under a stipulated protective order are insufficient to establish that a document, or portions thereof, are sealable. As such, motions to seal must be narrowly tailored to the documents or portions of documents which require protection for good cause in accordance with legal standards. Parties shall not request the wholesale sealing of documents where only portions require protection. Sealing motions must include the following: 1. A specific statement of the applicable legal standard and the reasons for keeping a document under seal, including an explanation of a. the legitimate private or public interests that warrant sealing; b. the injury that will result if sealing is denied; and c. why a less restrictive alternative to sealing is not sufficient; 2. Evidentiary support from declarations where necessary; 3. An unredacted version of the document(s) sought to be sealed, with highlights to the alleged confidential or privilege information, as an attachment to the motion with “FILED UNDER SEAL” prominently marked on the first page; and 4. A proposed order that only seals the sealable material, and which lists in table format each document or portion thereof that is sought to be sealed. The party requesting a sealing order must also file a “public” version of the document(s) it seeks to file under seal redacting only the alleged confidential or privileged information. If the moving party seeks an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal. Motions to seal entire pleadings or briefs are strongly disfavored and will be granted only in extraordinary circumstances.
Page 4 | Sealing Procedures
Sealed motions must be hand-delivered to Clerk of Court with sealed documents and proposed order.
Counsel lodging with the Court a motion to seal and documents to be sealed shall hand- deliver, to the Clerk of Court on the Fourth Floor of the James M. Carter & Judith N. Keep U.S. Courthouse, (1) the motion to seal, (2) the proposed sealed documents, and (3) a proposed order in compliance with these Rules.
Criminal cases
Page 2 | II. Motions
Sealed motions and protective orders should not be hand-delivered to chambers.
Motions to seal and motions for protective order should not be hand-delivered to chambers.
Criminal cases
Page 2 | II. Motions
Emergency seal motions require contacting courtroom deputy for alternate delivery.
In the case of an emergent motion to seal, counsel will contact the courtroom deputy for instructions about alternate delivery.
Criminal cases
Page 2 | II. Motions
Motions to seal documents are strongly discouraged.
Motions to file documents under seal are strongly discouraged.
Criminal cases
Page 2 | II. Motions
Pre-Motion Conference Requirements
Opposition briefs due 3 weeks after motion filing, reply briefs due 2 weeks after opposition; supersedes local rule 7.1(e).
C. Briefing. Unless otherwise ordered by the Court, upon the filing of a motion, any opposition brief(s) must be filed within three weeks of the noticed motion. Any reply brief(s) must be filed within two weeks of the opposition brief. This briefing schedule supersedes the briefing schedule set forth by Civil Local Rule 7.1(e). If multiple parties are moving for substantially the same relief or opposing a motion seeking substantially the same relief against them, they must make every effort to coordinate the timing of the filing of their motions, and to coordinate and
Page 2 | II. Noticed Motions C. Briefing
Noticed motions require meet and confer with opposing counsel at least 7 days prior to filing, unless exempt; declaration required in motion if no resolution.
A. Conference of Counsel Prior to Filing Noticed Motions. Unless one of the below exceptions applies, any party contemplating the filing of any noticed motion before this Court must first contact opposing counsel to discuss thoroughly the substance of the contemplated motion and attempt to resolve the matter informally. For example, a party desiring to file a Rule 12(b)(6) motion shall meet and confer to determine the feasibility of stipulating to an amended complaint that resolves the moving party’s concerns. The conference must take place by telephone or in person at least seven (7) days prior to the filing of the motion. If the parties are unable to reach a resolution that eliminates the need to file the motion, counsel for the moving party must include in the motion papers a declaration detailing (1) the date of the meet and confer; (2) counsel’s good faith efforts, in person or by telephone, to meet and confer to resolve differences with opposing counsel; and (3) the positions taken by opposing counsel such that resolution was not possible. Parties will not obtain a hearing date until they have satisfied this meet and confer requirement. Any motions filed in violation of these requirements may be stricken. Failure to meet and confer in good faith will result in the Court issuing an order to show cause why sanctions should not be issued. The only exceptions to this meet-and-confer requirement are (1) cases where any party is appearing pro se and is not an attorney and (2) applications for temporary restraining orders or preliminary injunctions. Ex parte applications, which have separate requirements below, and joint motions are exempt from this rule as they are not noticed motions.
Page 2 | II. Noticed Motions A. Conference of Counsel Prior to Filing Noticed Motions
All temporary restraining order motions must be briefed.
All motions for temporary restraining orders must be briefed.
Page 3 | IV. Temporary Restraining Orders
Counsel must meet and confer with opposing party before filing any ex parte motion.
Before filing any ex parte motion, counsel must contact the opposing party to meet and confer regarding the subject of the ex parte motion.
Page 3 | III. Ex parte Motions
Only motions limited to evidentiary issues are proper in limine motions; specified motion types are excluded.
Motions in limine are those limited in scope to evidentiary issues. Daubert motions, motions for judgment on the pleadings, summary judgment, leave to amend, or to bifurcate are not proper in limine motions.
Page 5 | Motions in limine
Counsel must meet and confer before filing motions in limine to resolve issues without court intervention.
Prior to filing motions in limine, counsel must meet and confer and discuss their intended motions, in an attempt to resolve issues without court intervention.
Page 5 | Motions in limine
Failure to meet and confer in good faith will result in the Court issuing an order to show cause why sanctions should not be issued.
Failure to meet and confer in good faith will result in the Court issuing an order to show cause why sanctions should not be issued.
Page 5 | Motions in limine
TROs may be heard ex parte only in extraordinary circumstances.
While temporary restraining orders may be heard ex parte, the Court will do so only in extraordinary circumstances.
Page 3 | IV. Temporary Restraining Orders
Motions in limine due two weeks before hearing; opposition one week before.
motions in limine are due two weeks before the hearing, with any opposition due one week before the hearing.
Criminal cases
Page 3 | IV. Pre-Trial and Trial Procedures
Meet and confer required before filing motions in limine.
Prior to filing motions in limine, counsel must meet and confer and discuss their intended motions, in an attempt to resolve issues without court intervention.
Criminal cases
Page 3 | IV. Pre-Trial and Trial Procedures
Adjournment & Extension Requirements
Parties must meet and confer before requesting a continuance or extension.
Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, briefing schedule, or any other procedural change must meet and confer prior to contacting the Court.
Page 3 | V. Continuances
Untimely joint motions require in-person continuance request at hearing.
If a joint motion is untimely filed, counsel will appear in person to request a continuance at the scheduled hearing.
Criminal cases
Page 1 | I. Communications with Chambers
Joint motions for continuance must be filed by 9:00 AM Wednesday before hearing.
Joint motions to continue must be filed before 9:00 a.m. on the Wednesday morning prior to the scheduled hearing.
Criminal cases
Page 1 | I. Communications with Chambers
If counsel stipulate to a continuance, a joint motion should be filed on the CM/ECF docket, and a proposed order should be emailed to efile_ohta@casd.uscourts.gov.
If counsel stipulate to a continuance, a joint motion should be filed on the CM/ECF docket, and a proposed order should be emailed to efile_ohta@casd.uscourts.gov.
Criminal cases
Page 1 | I. Communications with Chambers
Sentencing continuance requests must be made by noon Thursday before sentencing week.
A party seeking a continuance of a sentencing hearing must notify the courtroom deputy at the earliest possible time, but no later than noon on the Thursday prior to the following week's sentencing date.
Criminal cases
Page 3 | III. Dispositions and Sentencings
Late filings may result in continuance without good cause.
Absent a showing of good cause, any late filings by counsel may result in a continuance, at minimum.
Criminal cases
Page 3 | I. Communications with Chambers
Chambers Communication Rules
A. Letters or emails. Letters or emails to chambers or chambers staff are prohibited unless required by Local Rule or specifically requested by the Court. If requested by the Court, letters or emails shall copy simultaneously all counsel and unrepresented parties. Copies of correspondence between counsel must not be sent to the Court unless requested by the Court.
A. Letters or emails. Letters or emails to chambers or chambers staff are prohibited unless required by Local Rule or specifically requested by the Court. If requested by the Court, letters or emails shall copy simultaneously all counsel and unrepresented parties. Copies of correspondence between counsel must not be sent to the Court unless requested by the Court.
Page 1 | I. Communications with Chambers A. Letters or emails
Civil hearing date requests must be left via voicemail at 619-321-0988, returned by next business day; do not delay until filing deadline.
For civil hearing dates only, leave a voicemail message with chambers at 619-321-0988. Your call will be returned on or before the next business day. Be aware of meet and confer requirements below prior to obtaining a hearing date. Do not wait until the filing deadline to leave a message requesting a hearing date.
Page 1 | I. Communications with Chambers
Counsel must immediately notify the court and magistrate judge upon case settlement.
If the parties settle a case, counsel must immediately notify this Court and the magistrate judge.
Page 4 | VII. Settlement
Letters/emails to chambers are prohibited unless required by Local Rule or Court request.
Letters or emails to chambers or chambers staff are prohibited unless required by Local Rule or specifically requested by the Court.
Criminal cases
Page 1 | I. Communications with Chambers
Counsel must notify courtroom deputy of disposition before scheduled motions hearing.
Any time a case is calendared for motions hearing and counsel for either party knows that a disposition is to take place, counsel has a duty to call the courtroom deputy at the earliest available time to inform the Court of the disposition.
Criminal cases
Page 2 | II. Motions
Contact courtroom deputy for docketing/scheduling via phone or email.
For docketing, scheduling, and calendaring matters, contact Courtroom Deputy Steven Yaptangco at 619-557-7486 or by email at steven_yaptangco@casd.uscourts.gov.
Criminal cases
Page 1 | I. Communications with Chambers
Telephone calls to chambers only permitted for hearing dates for civil motions, TROs, or preliminary injunctions, with restrictions on callers and purposes.
B. Telephone Calls. Telephone calls to chambers are permitted only for obtaining a hearing date for a civil motion, temporary restraining order, or preliminary injunction. Parties seeking a motion date for a noticed motion may contact chambers if (1) they are ready to file within two calendar days and (2) have satisfied the meet and confer requirements set forth below. Such calls may only be made by counsel with knowledge of the case or an unrepresented party. Calls from secretaries, legal assistants, paralegals, or parties represented by counsel are prohibited. Please be aware that all requests for court action must be made in a filing on the docket. Counsel or unrepresented parties should not call chambers with procedural questions; to inquire whether any action has been taken on a motion or other filing; or to request extension of deadlines or changes to hearing dates and/or times. Court personnel will not give legal advice, discuss the the Judge. Requests regarding access to courtroom technology prior to a hearing should be directed to Courtroom Deputy Steven Yaptangco at 619-557-7486 or by email at steven_yaptangco@casd.uscourts.gov.
Page 1 | I. Communications with Chambers B. Telephone Calls