Bashant Criminal Pretrial and Trial Procedures; Bashant Standing Order for Civil Cases

=== Bashant Criminal Pretrial and Trial Procedures ===

Effective February 4, 2025 HONORABLE CYNTHIA BASHANT, CHIEF JUDGE UNITED STATES DISTRICT COURT CRIMINAL PRETRIAL & TRIAL PROCEDURES The Court provides this information to counsel and parties for general guidance. Counsel must still strictly adhere to all Court Orders, and the Court may vary these procedures as appropriate in any case. Counsel and parties are expected to follow the Federal Rules of Criminal Procedure, the Local Rules for the Southern District of California (“Criminal Local Rules”), the Electronic Case Filing Administrative Policies and Procedures Manual (“ECF Manual”), and any other applicable rules. The Criminal Local Rules and the ECF Manual are available on this district’s website: casd.uscourts.gov. Failure to comply with the applicable orders and rules, including the ECF Manual, may result in the Court striking non-complying documents from the record pursuant to ECF Manual Section 2(a) and imposing sanctions pursuant to Criminal Local Rule 57.1. 1. 2. Court Calendar Criminal matters are generally heard on Fridays at 9:00 a.m. and 2:00 p.m. unless otherwise scheduled by the Court. Pretrial Motions Magistrate Judges will schedule the motion hearing / trial setting on the Friday calendar four weeks from the initial appearance before the Magistrate Judge. All motions, except motions in limine and those pertaining to sentencing matters, shall be filed at least fourteen calendar days before the hearing date. Opposition briefs shall be filed at least seven calendar days before the hearing date. Applications for an Order Shortening Time are disfavored and must be supported by a non-conclusory affidavit signed by counsel setting forth facts establishing specific good cause. Criminal motions requiring a predicate factual finding shall be supported by declaration(s). See Crim. L.R. 47.1(g)(1). The Court need not grant an - 1 - evidentiary hearing where either party fails to properly support its motion or opposition. 3. Courtesy Copies ECF Manual § 2(e) requires parties to deliver courtesy copies of criminal-case filings exceeding 20 pages in length including attachments and exhibits. The Court prefers courtesy copies to be printed double-sided, but will accept single-sided. If a filing has more than three (3) exhibits, the exhibits must be tabbed. Parties shall not provide courtesy copies for filings that do not exceed 20 pages in length. If a filing is particularly voluminous, parties may provide their courtesy copies in electronic-media format (e.g., USB flash drive). All documents should be scanned using Optical Character Recognition (“OCR”), if possible. ALL parties who file a document under seal MUST also submit a digital courtesy copy of the filing to this Court’s e-file email address at [email protected]. 4. Filing Documents Under Seal There is a presumptive right of public access to court records based upon common law and First Amendment grounds.1 As such, motions to file documents under seal are strongly discouraged. Parties seeking a sealing order must provide the Court with: (1) a specific description of particular documents or categories of documents they need to protect; and (2) declarations showing a compelling reason or good cause to protect those documents from disclosure. The standard for filing documents under seal will be strictly applied. Motions to file documents under seal generally should be filed electronically. ECF Manual § 2(p) provides a list of exceptions to the electronic-filing 1 See Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597 (1978); Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 2016). - 2 - 5. 6. requirement, including, but not limited to, criminal complaints, plea agreements, and letters to the sentencing judge recommending downward departure under USSG § 5K1.1. If a party chooses to file a document under seal, the filing party must submit a digital courtesy copy of the filing to this Court’s e-file email address at [email protected]. Disposition Hearings Rule 11 guilty pleas may be entered before a Magistrate Judge unless the parties anticipate immediate sentencing. Counsel shall contact the courtroom deputy for the Magistrate Judge assigned to the case or the Duty Magistrate Judge to schedule the disposition. See Crim. L.R. 11.2. Counsel must promptly notify the Court of any disposition reached. Failure to advise the Court of any disposition at least two calendar days before trial could result in counsel being assessed the costs of the jury. Ex Parte Requests Counsel shall submit an accompanying declaration on ALL motions and ex parte applications, including request for extraordinary relief. The motion / application and accompanying declaration must be non-conclusory and must plainly set forth (in detail) the specific reasons for the request. ECF Manual § 2(i) permits all ex parte documents for which no notice is to be provided to opposing parties to be filed in paper format under seal. If a party chooses to file an ex parte document in paper format, then the filing party must also provide a digital courtesy copy sent to the Court’s e-file email address at [email protected]. 7. Proposed Orders Parties should submit all proposed orders to the Court’s e-mail address in Word format to [email protected]. Joint motions to continue hearings are exempt and do not require proposed orders. - 3 - 8. 9. Emergency Requests All parties shall alert Chambers by telephone if the nature of a filing requires the Court’s immediate attention. If the call is not answered, you should leave a voicemail, including your name, contact information, case number, and a detailed message. Sentencing Sentencing procedures are set forth in Criminal Local Rule 32.1. If the parties request, the Court may elect to proceed with immediate sentencing in immigration cases, but only where the Court has sufficient information in the record to perform the meaningful exercise of sentencing authority. A party seeking a continuance of a sentencing hearing must notify the courtroom deputy at the earliest possible time, but in no event later than noon on the Wednesday prior to the week’s sentencing date. Counsel shall file a sentencing summary chart and/or sentencing memorandum no later than seven days before the sentencing hearing required in Criminal Local Rule 32.1(a)(9). Holidays are excluded when calculating time. No party shall submit more than five sentencing letters without leave of Court. Late filings are unacceptable. All counsel are hereby advised that the filing dates set forth in Criminal Local Rule 32.1 are critical. Absent a showing of good cause, any late filings by counsel may result in a continuance, at minimum. Please be advised that the Court will keep track of such occurrences, and any counsel that repeatedly fails to abide by the timing requirements set forth in Rule 32.1 will be subject to possible fine or other punitive action by the Court pursuant to Criminal Local Rule 57.1. In any case where the parties waive a presentence report, except those where the charge is illegal entry, Government counsel must file a sentencing memorandum detailing: (1) the circumstances of the offense(s); and (2) any recommendations for supervised release. - 4 - 10. Trial Procedures A. Timeliness All counsel are expected to be on time for trial. It is counsel’s responsibility to synchronize the time with the Court’s clock and get the courtroom deputy’s phone number. When a jury is waiting, an appearance in another court is an unacceptable excuse for tardiness. If a jury is present, the Court will promptly call the case at the scheduled time. B. Motions In Limine Motions are due fourteen days before the hearing, with any opposition due seven days before the hearing, unless otherwise set by the Court. C. Trial Briefs The parties may submit trial briefs no later than five court days before the date of trial concerning all significant disputed issues of law, including any and all foreseeable procedural and evidentiary issues with citation of relevant statutes, ordinances, rules, cases, and other authorities. See Crim. L.R. 23.1. D. Voir Dire / Verdict Forms Counsel may file proposed voir dire questions and verdict forms no later than three court days before the date of trial. The Court will conduct the initial voir dire. On a case-by-case basis, the Court may permit follow-up voir dire conducted by the attorneys. If voir dire is permitted, ten minutes per side will generally be allowed on routine cases. - 5 - E. Jury Selection Unless authorized by the Court, parties should not submit jury questionnaires. The courtroom deputy will provide counsel with a list of the jury panel in random order before voir dire. The courtroom deputy will seat all prospective jurors (42 prospective jurors will generally be summoned for criminal cases). The Court will conduct the initial jury voir dire. In appropriate cases, the Court may permit follow-up voir dire by the attorneys. After voir dire of the entire panel has been completed, the panel may be excused or counsel may make any challenges for cause at sidebar. If a challenge for cause is sustained, the excluded panelist shall remain in his or her seat for the time being. Counsel will exercise peremptory challenges using the “Double Blind Method,” whereby the parties simultaneously exercise their challenges. After each side has exercised its peremptory challenges, the first twelve persons not challenged peremptorily or successfully challenged for cause shall constitute the jury. The Court will then proceed to select one or two alternate jurors. Remaining prospective jurors will be excused. F. Proposed Jury Instructions The parties are encouraged to submit proposed jury instructions to the Court no later than the first day of trial, unless otherwise ordered by the Court. Supplemental instructions must be filed as soon as the need for the instruction becomes apparent. The Court prefers to use the Model Jury Instructions for the Ninth Circuit whenever possible. However, the Court will accept other proposed jury instruction(s) as the need arises, but counsel must cite the authority supporting the proposed instruction(s). Any proposed - 6 - instruction from statutory authority or the Ninth Circuit Model Instructions must state specifically the modification and the authority supporting the modification. Before the case is submitted to the jury, the Court will provide each party with the jury instructions the Court intends to use. It is each party’s responsibility to carefully review the instructions and make suggestions to the Court if modifications seem necessary. G. Witnesses All witnesses must be present at the start of trial or readily available to take the stand. It is not acceptable for a jury to wait while counsel attempts to locate a witness. It is also counsel’s responsibility to instruct witnesses and parties not to discuss their testimony or discuss the case outside of court in the presence of any jurors or in any location where jurors may overhear. H. Presentation of Evidence Please do not enter the well, except during voir dire, opening statements and closing argument. When addressing the jury, do not come any closer than the edge of the Court Reporter’s desk. Conduct all examination of witnesses from the lectern and please seek permission from the Court before approaching any witness. Also, please keep your visit to the witness stand brief. For example, quickly orient the witness with an exhibit and return to the lectern. The Court reserves the right to limit re-cross and / or re-direct. The Court disfavors sidebars. Notify the Court if an interpreter is needed. It is counsel’s responsibility to make arrangements with the Interpreter Services Department at (619) 557-5172. - 7 - The Court Reporter will not transcribe any videos or audio tapes. Consequently, the parties must provide a stipulated transcript of the video or audio tape. I. J. Objections When objecting, state only the legal ground for the objection, e.g., “objection, hearsay.” Speaking objections are not permitted, unless the Court requests further information from counsel. When a party has more than one lawyer, only one lawyer may conduct the examination of a given witness and that lawyer alone may make objections concerning that witness. Exhibit Lists Government counsel must provide a list of exhibits and witnesses, and give 3 copies to the courtroom deputy on the first day of trial. All exhibits must be pre-marked on the first day of trial. Exhibit stickers may be obtained from the Clerk of the Court in advance of trial, or exhibits may be marked electronically with the case number and exhibit numbers. K. Trial Schedule In general, criminal trials are scheduled from 9:00 a.m. to 4:30 p.m., beginning on Mondays. Jury deliberations proceed from 9:00 a.m. to 4:30 p.m. The Court will notify the parties of deviations from this schedule and when possible will attempt to accommodate jurors, witnesses, and counsel, should conflicts arise. - 8 -

=== Bashant Standing Order for Civil Cases ===

Effective February 4, 2025 HONORABLE CYNTHIA BASHANT, CHIEF JUDGE UNITED STATES DISTRICT COURT STANDING ORDER FOR CIVIL CASES Unless otherwise ordered by the Court, counsel and pro se litigants are expected to follow the Federal Rules of Civil Procedure, the Local Rules for the Southern District of California (“Civil Local Rules”), the Electronic Case Filing Administrative Policies and Procedures Manual (“ECF Manual”), and any other applicable rules. The Civil Local Rules and the ECF Manual are available on this district’s website: casd.uscourts.gov. Failure to comply with the applicable orders and rules, including the ECF Manual, may result in the Court striking non-complying documents from the record pursuant to ECF Manual Section 2(a) and imposing sanctions pursuant to Civil Local Rule 83.1. 1. Communications with Chambers A. Telephone Calls Parties seeking a hearing date for a motion must follow Section 4.B below. In light of the Court’s procedure for selecting hearing dates, telephone calls to chambers are rarely necessary. Such calls may be made only by counsel with knowledge of the case. Calls from secretaries, legal assistants, paralegals, or parties represented by counsel are prohibited. Court personnel cannot interpret orders, discuss the merits of a case, or give legal advice, including advice on procedural matters. Court personnel also will not speculate as to when an order will be issued for a particular motion or ex parte application. When calling chambers, be prepared to identify your matter by case name and case number so your call can be directed to the appropriate law clerk. If your call is not answered, you may leave a voicemail, including your name, contact information, case number, and a detailed message. - 1 - B. Emails or Letters Emails or letters to chambers are prohibited unless otherwise authorized by the Court. 2. General Filing Requirements The parties must comply with all of the formatting requirements in Civil Local Rule 5.1 unless otherwise ordered by the Court. In addition, the parties must scan any documents, including exhibits, to be filed on the docket using Optical Character Recognition (“OCR”). The OCR requirement only applies to parties with electronic-case-filing privileges. The Court’s e-file email account ([email protected]) must only be used to lodge or submit proposed orders, required trial documents, or other documents requested by the Court. It is not to be used for communication purposes (e.g., asking questions). 3. Discovery Counsel must contact the magistrate judge’s chambers directly for all matters pertaining to discovery. Any objection to a discovery ruling of the magistrate judge must be filed as a motion pursuant to Civil Local Rule 7.1. 4. Motion Practice A. Conference of Counsel Prior to Filing Noticed Motions Any party contemplating the filing of any noticed motion before this Court must first contact opposing counsel to discuss thoroughly— preferably in person—the substance of the contemplated motion and any potential resolution. The conference must take place at least seven days prior to the filing of the motion. If the parties are unable to reach a resolution that eliminates the need to file the anticipated motion, counsel for the moving party must include in the notice of motion a statement to the following effect: “This motion is made following the conference of counsel that took place on [date].” - 2 - The only exceptions to this meet-and-confer requirement are: (1) in cases where the plaintiff is appearing pro se and is not an attorney; (2) for applications for temporary restraining orders or preliminary injunctions; and (3) motions and cross-motions for summary judgment. Ex parte applications, which have separate requirements below, and joint motions are exempt from this rule as they are not noticed motions. B. Hearing Dates Parties filing a noticed motion may choose any Friday between thirty and sixty days from the motion’s filing date.1 If the preferred Friday is a federal holiday, then the filing party may select the following Monday as the hearing date for the motion. Do not contact chambers for a hearing date. This rule only supersedes Civil Local Rule 7.1(b). Parties must also include the following language in the caption of their motions directly underneath the hearing date, unless notified otherwise by the Court: “NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.” The Court may resolve motions on the papers submitted and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Consequently, the hearing date does not indicate a date when appearances are necessary; rather, it sets the briefing schedule for the motion. As such, the filing party must not indicate a hearing time on its motion. The schedule for filing briefs must be in accordance with Civil Local Rule 7.1(e), unless ordered otherwise by the Court. Parties must contact the assigned magistrate judge’s chambers for hearing and scheduling dates needed for cases referred—either by operation of local rule or by order—to the magistrate judge. See Civil Local Rules 72.2, 72.3. 1 For example, if a party files its motion on Monday, May 5, 2025, then the earliest Friday it may select as the hearing date is Friday, June 6, 2022—because that Friday is more than thirty days after the filing date. The party may also select Friday, June 13, 2025; Friday, June 20, 2025; or Friday, June 27, 2025, as the hearing date. Finally, Friday, July 4, 2025, is within sixty days from the filing date, but that Friday is a federal holiday. So, the party may select Monday, July 7, 2025, as the last possible hearing date. - 3 - C. Oral Argument i. Procedure If the Court decides to hear oral argument, it will issue an order, normally two weeks in advance, setting the matter for oral argument. For motions with numerous references to technical terminology (e.g., in patent cases), one week prior to the motion hearing, the parties must email to chambers (not to be filed) a list of pertinent technical terms and/or proper names, the purpose of which is to assist the court reporter in the transcription of the hearing. ii. Junior Attorneys Upon request, the Court will hold oral argument on a noticed motion handled by an attorney with no more than five years of experience. A request for oral argument under this provision should be included in a party’s moving papers or opposition. Alternatively, a party may file the request separately before the Court rules on the motion. D. Proposed Orders Any proposed orders must be submitted in Word format simultaneously with all motions. In accordance with Section 2(h) of the ECF Manual, proposed orders must not contain the name and law firm information of the filing party, and must not contain the word “proposed” in the caption. Counsel must email proposed orders to opposing counsel and to [email protected], and include the case name, case number, and docket number in the subject line of the email. The case number in the subject line must be in the following format, including hyphens: 21-cv-0270-BAS. Proposed orders or other documents requiring the judge’s signature must not be filed on the docket. - 4 - E. Briefing When the same party is noticing multiple motions for the same hearing date, the motions must be briefed together in one memorandum of points and authorities. If multiple parties are moving for substantially the same relief, they must make every effort to obtain the same hearing date for their motions. If multiple parties are opposing a motion seeking substantially the same relief sought against them, and noticed for the same hearing date, counsel must make every effort to coordinate and consolidate the briefing or use the notice of joinder procedure to avoid duplication in briefing. If the briefing is not coordinated or consolidated, counsel for each party must file a declaration concurrently with the briefing describing the efforts and explaining why they were not successful. F. Sur-Replies and Notices of Supplemental Authority Sur-replies and notices of supplemental authority may not be filed unless leave of court has been granted. The parties must obtain leave of court by filing an ex parte request before filing any sur-replies or notices of supplemental authority. The only exception to this requirement is if there is a change in binding intervening law that is directly on point issued after the filing. Under these circumstances, parties may file a notice of supplemental authority that includes a copy of the order or opinion and any case-identifying information. Counsel may not include any argument in the notice. G. Motions and Cross-Motions for Summary Judgment If upon being served with a summary-judgment motion an opposing party determines that it intends to file a cross-motion, that party must file an ex parte application requesting a consolidated briefing schedule well in advance of the due date for the opposition to the first-filed - 5 - summary-judgment motion. The Court requires no duplication of briefing and exhibits. Consistent with Civil Local Rule 7.1(f)(1), Separate Statements of Fact may not be filed unless leave of Court has been granted. Any separate statements of disputed or undisputed facts will be rejected unless leave of Court has been granted. No later than ten days before the hearing date, the parties must meet and confer in person or by telephone to arrive at a joint statement of undisputed material facts, which must be filed no later than the reply brief. The parties must also email the joint statement in Word format to [email protected]. H. Exhibits The parties must avoid duplication of exhibits as much as possible. All exhibits submitted in support of motions should be excerpted to include only relevant material. All exhibits must be clearly labeled, dated, and indexed. I. J. K. Objections Objections to evidence submitted in support of a motion must be contained within the opposition brief, and objections to evidence submitted in support of an opposition must be contained within the reply brief. No separate statements of objections will be allowed. Courtesy Copies No courtesy copies are necessary for any filings. Failure to Oppose An opposing party’s failure to file an opposition to any motion may be construed as consent to the granting of the motion pursuant to Civil Local Rule 7.1(f)(3)(c). - 6 - 5. Seeking Leave to File Documents Under Seal A. Standard There is a presumptive right of public access to court records based upon common law and First Amendment grounds.2 Hence, motions to file documents under seal are strongly discouraged. The fact that both sides agree to seal a document or that a stipulated protective order was issued is insufficient cause for sealing. Even where a public right of access exists, such access may be denied by the Court in order to protect sensitive personal or confidential information.3 The Court may seal documents to protect sensitive information; however, the documents to be filed under seal will be limited by the Court to only those documents, or portions thereof, necessary to protect such sensitive information. B. Procedure A party seeking a sealing order must provide the Court with: (1) a specific description of particular documents or categories of documents to be protected; and (2) declaration(s) showing a compelling reason or good cause to protect those documents from disclosure. The standard for filing documents under seal will be strictly applied. Parties often seek to seal a document only because another party designated the document as sensitive under a protective order, including with a “confidential” or “attorneys’ eyes only” designation. In these circumstances, the moving party must first meet and confer 2 See Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597 (1978); Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 2016). 3 For example, courts have consistently prevented disclosure of letters protected under attorney-client privilege, see KL Group v. Case, Kay, and Lynch, 829 F.2d 909, 917–19 (9th Cir. 1987); medical and psychiatric records, see Pearson v. Miller, 211 F.3d 57, 62–64 (3d Cir. 2000); records subject to federal and grand jury secrecy provisions, see Krause v. Rhodes, 671 F.2d 212, 216 (6th Cir. 1982); and confidential settlement agreements, see Hasbrouck v. BankAmerica Hous. Serv., 187 F.R.D. 453, 455 (N.D.N.Y. 1999); Kalinauskas v. Wong, 151 F.R.D. 363, 365–67 (D. Nev. 1993). - 7 - with the designating party to determine whether the designating party maintains that any portion of the document must be filed under seal. If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven days that satisfies the sealing standard described above. If no response is filed, the Court may order that the document be filed in the public record. C. Table Requirement for Voluminous Requests If a party is seeking to file under seal either: (a) more than five documents; or (b) documents with redactions on more than twenty-five pages, the party must append a table to its briefing. As shown in the example below, the table must include: (1) the title of the document to be sealed, (2) the page and line numbers of the proposed redactions (or an indication that the party wishes to seal the entirety of the document); and (3) the justification (good cause or compelling reasons) for sealing each proposed redaction or document. Title Expert Report of Jane Doe ABC Corp. Annual Forecast Pincite 2:12–16; 3:4–7 33:1–9; 33:11–14 Contains financial Justification Reveals trade secrets information that would harm competitive standing 6. Ex Parte Applications Before filing any ex parte application, counsel must contact the opposing party to meet and confer regarding the subject of the ex parte application. All ex parte applications must comply with Civil Local Rule 83.3(g). The declaration required by Civil Local Rule 83.3(g) must document the following: (1) efforts to contact opposing counsel, (2) counsel’s good faith, in person or by telephone meet-and-confer efforts to resolve differences with opposing counsel, and (3) opposing counsel’s general position regarding the ex parte application. Any ex parte application filed with the Court must be served on opposing counsel via electronic mail with return receipt requested or overnight mail. - 8 - Ex parte applications that are not opposed within three Court days may be considered unopposed and granted on that ground. The opposing party must immediately notify chambers that they intend to oppose the ex parte application. Replies to any opposition will not be considered unless otherwise ordered by the Court. 7. 8. 9. Joint Motions / Stipulations Pursuant to Section 2(f)(4) of the ECF Manual, all stipulations must be filed as joint motions. Joint motions must be signed by the Court to have legal effect. Settlement and Dismissal If the parties settle a case, counsel must immediately notify this Court and the magistrate judge of the settlement. 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 a proposed order to this Court within twenty-eight days of the settlement. Temporary Restraining Orders All motions for temporary restraining orders must be briefed. While temporary restraining orders may be heard in true ex parte fashion (i.e., without notice to an opposing party), the Court will do so only in extraordinary circumstances. The Court’s strong preference is for the opposing party to be served and afforded a reasonable opportunity to file an opposition. In appropriate cases, the Court may issue a limited restraining order to preserve evidence pending further briefing. 10. Pro Se Prisoner Cases In cases involving pro se prisoners as litigants, the Court expects defense counsel and the government entity with which a defendant is associated to cooperate in facilitating the prisoner’s telephonic appearances or personal This appearances for any scheduled conference, hearing or trial. responsibility includes preparing any writs of habeas corpus ad testificandum - 9 - for the incarcerated pro se plaintiff and any of his or her incarcerated witnesses, as authorized by the Court. 11. Pretrial Conference Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email to chambers a joint proposed pretrial order at least fourteen days before the pretrial conference. The proposed pretrial order must strictly comply with the requirements set forth in Civil Local Rule 16.1(f)(6)(c). All parties are required to cooperate in completing the proposed pretrial order. For all pretrial dates—including the motion in limine briefing and hearing, final pretrial conference, and other relevant deadlines—parties must refer to the scheduling order issued in their respective case, which is issued by the assigned magistrate judge. Dates in the scheduling order are subject to change by court order. 12. Telephonic Appearances Telephonic appearances will be permitted only in emergency circumstances upon court approval. If a party needs to appear telephonically before this Court, he or she must contact chambers immediately upon learning of the emergency and leave a voicemail. Upon reviewing the voicemail, the Court will contact the party. The party needing to appear telephonically must, nonetheless, arrange to have a colleague appear on his or her behalf. 13. Trial Practice A. Electronic Equipment for the Courtroom The Court provides the following audio/visual equipment: (1) monitors; (2) an overhead projector; and (3) computer connections. Counsel should make his or her own arrangements for their respective needs. Counsel should contact the Court’s courtroom deputy to arrange a time to allow counsel to review and set up equipment for trial. Counsel will need an order to bring any laptops, tablets, or other electronic equipment into the courthouse. An order must be obtained - 10 - by filing an ex parte application with this Court. Ex parte applications seeking an order permitting electronic equipment are exempt from the meet-and-confer and declaration requirements under Civil Local Rule 83.3(g) and stated above. B. Jury Selection Unless authorized by the Court, parties should not submit jury questionnaires. The courtroom deputy will provide counsel with a list of the jury panel in random order before voir dire. The courtroom deputy will seat all prospective jurors (22 prospective jurors will generally be summoned for civil cases). The Court will conduct the initial jury voir dire. In appropriate cases, the Court may permit follow-up voir dire by the attorneys. Counsel will exercise peremptory challenges using the “Double Blind Method,” whereby the parties simultaneously exercise their challenges. After each side has exercised its peremptory challenges, the first eight persons not challenged peremptorily or successfully challenged for cause will constitute the jury. All remaining prospective jurors will be excused at that time. C. Trial Exhibits In preparing trial exhibits, the parties are directed to contact the Clerk’s Office for exhibit stickers. Parties may create their own exhibit stickers as long as the stickers include the exhibit number and case number. Civil trials must only use numbers for identifying exhibits and not letters, unless otherwise ordered by the Court. For a bench trial, the parties must submit a copy of the trial exhibits to chambers in an electronic-media format (e.g., USB flash drive) one day before trial is set to begin. - 11 - For a jury trial, the parties are responsible for bringing their trial exhibits to court on the day of trial. If the parties wish to deliver their trial exhibits before trial begins, they may do so upon making delivery arrangements when they contact the courtroom deputy in accordance with Section 13(A) to bring in any electronic equipment. If the parties choose to submit a courtesy copy of their trial exhibits for the Court, it must be submitted in electronic-media format (e.g., USB flash drive), especially if the exhibits are voluminous; courtesy paper copies will not be accepted. The parties must also exchange their Final Exhibit and Witness Lists seven days before trial. They must also email a copy of their Final Exhibit and Witness Lists to chambers by the same date. D. Trial Procedures Trial generally proceeds from 9:00 a.m. to 4:30 p.m., Monday through Thursday, unless the Court schedules otherwise. Jury deliberations also generally proceed from 9:00 a.m. to 4:30 p.m., unless the Court schedules otherwise. In civil trials, it is the practice of the Court to set a reasonable time limit for the entire trial. The time limit set by the Court includes opening statements, arguments, testimony, closing arguments, and any other matters that occur over the course of the trial, excluding jury selection. The Court will keep track of time limits and, upon request, the courtroom deputy will inform the parties of the time spent and remaining for trial. The time limit is subject to exception for good cause shown. Counsel and witnesses are expected to be present for trial except in case of an emergency. Lawyers must make every effort to have their witnesses available on the day they are to testify. The Court attempts to accommodate witnesses’ schedules and may permit counsel to call them out of sequence if warranted. Counsel must anticipate any such possibility and discuss it with opposing counsel and the Court. Counsel - 12 - must promptly alert the Court to any scheduling problems involving witnesses. Do not enter the well, except during voir dire, opening statements and closing argument. Conduct all examination of witnesses from the podium. Seek permission from the Court before approaching a witness. Keep your visit to the witness stand brief, e.g., by quickly orienting the witness with an exhibit and returning to the podium. When objecting, state only the legal ground for the objection, e.g., “objection, hearsay.” Speaking objections are not permitted, unless the Court requests further information from counsel. When a party has more than one lawyer, only one lawyer may conduct the examination of a given witness. E. Bench Trial Fourteen days before trial, counsel must serve and file proposed Findings of Fact and Conclusions of Law. An electronic copy must also be emailed to [email protected] in Word format. 14. Hearing / Trial Transcripts The court reporter should only be contacted to order hearing or trial transcripts, or to ask transcript-related questions (e.g., inquiring about pricing). The court reporter should not be contacted for any other reason. 15. Courtesy Be courteous and respectful at all times, in all settings. Counsel may expect such from the Court, and the Court expects such from counsel. Please be familiar with and abide by Civil Local Rule 2.1. - 13 -