Judge Andrew B. Davis
Individual Rules, Standing Orders & Policies
- Rules last changed:
Document Format Requirements12 rules
Assemble the appendix as a single, self-contained document, separate from the pleading, motion, response, reply, or brief.
Assemble the appendix in the following order: (1) cover page; (2) table of contents; and (3) each item, preceded by a slip sheet.
Appendix pagination: cover and TOC unnumbered; first slip sheet numbered App.1; sequential numbering in lower right corner; no restarting; numbers must not obscure underlying text.
Court's wording
Do not number the cover page or the table of contents. Number the first slip sheet “App.1” and number each following page sequentially, legibly, and in the lower right-hand corner, through the last page of the appendix. The numbering must not restart at any item. Place the number so it does not obscure the un- derlying document’s text or existing pagination.
All appendix pages must be text-searchable; scanned material must have OCR applied and reviewed for accuracy; good-faith effort to remedy OCR errors required.
Court's wording
All pages in the appendix must be text-searchable. Apply optical character recognition (OCR) to any scanned material, then review the output to confirm that the recognized text accurately matches the document’s actual wording. Do not assume OCR alone is sufficient, as faulty OCR can produce a text layer that appears searchable but returns inaccurate or incomplete results. Where OCR is inaccurate or incom- plete, parties must make a good-faith effort to remedy the errors—for example, by re-scanning the document to produce a cleaner copy for OCR—recognizing that perfect results are not always attainable.
Each volume of a multi-volume appendix must have a cover page, a table of contents covering the entire appendix, and items preceded by slip sheets.
- Appendix
Formatting
- •Each volume's items must be preceded by slip sheets
Court's wording
Assemble each vol- ume like a single appendix—a cover page, then a table of contents, then the volume’s items, each preceded by its slip sheet—except that the table of contents in every volume must cover the entire appendix, not only that volume.
On the cover page of each volume, identify the range of appendix pages the volume contains, using the App.__ numbering.
An appendix must be divided into consecutively numbered volumes if it (1) exceeds the size limit for an electronically filed docu- ment, or (2) contains materials filed or sought to be filed under seal.
Place each document, in its entirety, within a single volume. Do not divide a document across volumes.
Formatting
- •Each document must be placed entirely within a single volume
Appendix pagination must be continuous across volumes; cover pages and tables of contents are not numbered.
Court's wording
The App.__ pagination runs continuously across all volumes and does not restart. In each volume, do not number the cover page or table of contents. The first slip sheet of a later volume con- tinues the numbering from the last page of the preced- ing volume.
Place a slip sheet before each item that identifies the item by the content of the document using the same description that appears in the table of contents.
If a party intends to include non-documentary materials (e.g., videotapes and other physical materials) or oversized materials (e.g., maps and schematic drawings) in the appendix, it must contact the Court at least 7 days be- fore filing the appendix (absent good cause) to deter- mine the appropriate method to submit those materi- als. The appendix should include a separate slip sheet for each non-documentary item and identify on the slip sheet that the item was or will be separately filed with the Court.
Appendix must include bookmarks for each item, labeled with the same description as the TOC and slip sheet, linking to the slip sheet page.
Court's wording
Create bookmarks, one for each item, that together form a navigable index corresponding to the table of contents. Each bookmark must be labeled with the content of the item using the same description as the table of contents and slip sheet, and must link to the page on which that item's slip sheet appears.
Document Filing Requirements12 rules
A party who relies on evidence or other factual material to support or oppose a filing must place that material in an appendix that complies with this order.
Parties must cite the App.__ pagination in their briefing, to the specific page(s) supporting each assertion. Do not cite an entire item when a specific page will do.
The filing accompanying an appendix must include a certificate of compliance; non-compliant appendices may be stricken.
- Document
- Appendix
Must include
- •Certificate of compliance
Court's wording
The filing that an appendix accompanies and supports must contain a certificate of compliance stating that the appendix complies with this order. The Court may strike or require the correction of a non-compliant appendix.
Parties must file a joint written report after mediation/settlement conference detailing date, attendees, progress, and prospects.
Court's wording
the parties must jointly prepare and file a written report, which must be signed by coun- sel for each party, detailing the date on which the mediation or settlement conference was held, the persons pre- sent (including the capacity of any representative), a statement regarding whether meaningful progress toward settlement was made, and a statement regarding the prospects of settlement.
If no party files a dispositive motion, the parties must jointly file a notice informing the Court that no such motions will be filed, so that the Court may schedule the matter for trial.
A party must include such material in its appendix even if the material is already in the record—for example, as an exhibit to an earlier filing or in an earlier appendix.
A party need not, and should not, place in an appendix the pleadings, motions, briefs, orders, or other filings that already ap- pear on the Court's docket in this case.
Include all relied-on materials except those already in an appendix for the same motion; cite existing appendix instead of duplicating.
Court's wording
Include all materials the party relies on, except materials already included in an appendix filed to support or oppose the same pleading or motion, or a cross-motion, such as a cross-motion for summary judgment. Do not duplicate those materials. Cite the existing appendix instead.
The table of contents must identify each item by the content of the document (e.g., "Em-
Must include
- •Table of contents
If a party cites a page in the ap- pendix that is from a deposition and refers to an exhibit from the deposition, the party should make clear whether that exhibit is included in the appendix and, if so, identify it.
A party relying on such a filing should cite it directly by its docket entry.
Parties are encouraged to include complete copies of documents in the appendix; if infeasible, include at least the first page and one page before and after the relied-upon pages for context.
Court's wording
Parties are encouraged to include a complete copy of a document in the appendix to avoid fragmenting a document between different appen- dices. Where including a complete copy is infeasible, would unduly burden the appendix with the inclusion of irrelevant material, or is otherwise inappropriate, in- clude at minimum the first page of the document and at least one page before and after the pages of material the party relies upon in order to provide context for the cited material.
Filing & Service rules
Electronic Filing Rules
Pro se litigants not authorized to e-file are exempt from this standing order.
Pro se litigants not authorized to file electronically through the Court's CM/ECF system are exempt from this order.
Page 1 | Preamble
Filing Timing and Cure Windows
No motions may be filed after the deadline except motions in limine, unless good cause is shown.
No party may file any motion, except for a motion in limine, after this date without a showing of good cause.
Civil cases
Page 4 | Dispositive and nondispositive motions.
Sealing & Redaction Procedures
When moving to seal appendix materials, divide into public and sealed volumes with separate pagination and table of contents requirements.
If a party moves to seal any materials in the appendix, it must divide the appendix into a public volume and a sealed volume. i. The public volume, which must contain all materials that the party is not authorized to file under seal and does not move to file under seal, must be paginated using App.___ pagination, and must otherwise comply with this order in full. ii. The sealed volume, labeled as such, must contain all materials that the party is authorized to file under seal or seeks to file under seal, and must otherwise comply with this order except that each page must be numbered sequentially beginning "Sealed.App.1" and each citation must be to "Sealed.App.__." iii. Table of contents in each volume. The table of contents in each volume must list every item in the entire appendix, identifying public items by their App.__ page and sealed items by their Sealed.App.__ page. In the public volume's table of contents, if identifying a sealed item by the content of the document would itself reveal information that should be sealed, the party may describe the item generically or, if necessary, note that the description is omitted.
Page 5 | 3.e
Adjournment & Extension Requirements
Non-discovery extensions and continuances require a showing of actual diligence and extraordinary cause; joint motion is insufficient.
Extensions of non-discovery deadlines and continuances of proceedings will not be granted, even upon joint motion, absent a showing of actual diligence and extraordinary cause.
Civil cases
Page 1 | SCHEDULING ORDER
Parties may agree to extend discovery deadlines if they notify the court in writing and the extension does not affect subsequent deadlines; the court may reject the extension.
The parties generally may agree to extend discovery deadlines, including the close of discovery, provided that the extension does not affect any subsequent deadlines and the parties notify the Court in writing. The Court retains the right to reject an agreed extension of a discovery deadline.
Civil cases
Page 1 | SCHEDULING ORDER
Parties are encouraged to submit an agreed briefing schedule instead of separate extension requests.
To the extent that parties anticipate seeking extensions of time to file a response or reply brief to a motion, the Court encourages the parties to submit an agreed briefing schedule rather than separate or seriatim extension requests.
Civil cases
Page 4 | Dispositive and nondispositive motions.
Chambers Communication Rules
Parties must contact the Court at least 7 days before filing an appendix containing non-documentary or oversized materials to determine submission method; include a separate slip sheet for each such item noting it was or will be separately filed.
If a party intends to include non-documentary materials (e.g., videotapes and other physical materials) or oversized materials (e.g., maps and schematic drawings) in the appendix, it must contact the Court at least 7 days be- fore filing the appendix (absent good cause) to deter- mine the appropriate method to submit those materi- als. The appendix should include a separate slip sheet for each non-documentary item and identify on the slip sheet that the item was or will be separately filed with the Court.
Page 4 | l. Non-documentary or oversized materials