Hayes Civil Pretrial and Trial Procedures; Hayes Criminal Pretrial and Trial Procedures

=== Hayes Civil Pretrial and Trial Procedures ===

HONORABLE WILLIAM Q. HAYES UNITED STATES DISTRICT JUDGE CIVIL PRETRIAL & TRIAL PROCEDURES The Court may vary these procedures as appropriate in any case. Counsel and pro se litigants must strictly adhere to all Court Orders. 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, the Electronic Case Filing Administrative Policies and Procedures Manual, and any other applicable rules. The Local Rules and the Electronic Case Filing Administrative Policies and Procedures Manual are available on the Court’s website: www.casd.uscourts.gov. COMMUNICATION WITH CHAMBERS Telephone calls to chambers are permitted only for scheduling or calendaring motion hearings or as otherwise authorized by the Court. Court personnel are prohibited from interpreting orders, discussing the merits of a case, or giving legal advice, including advice on procedural matters. Court personnel are prohibited from engaging in conference calls. Letters, faxes, and emails are prohibited unless otherwise authorized by the Court. 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. PROPOSED ORDERS Proposed orders must be submitted in Word format simultaneously with all motions that are not fully noticed and set for hearing twenty-eight (28) days or more after the date of filing. In accordance with Section 2(h) of the Electronic Case Filing Administrative Policies and Procedures 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 the following address: [email protected], and include the docket number and case name in the subject line of the email. JOINT MOTIONS Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and Procedures Manual, all stipulations must be filed as joint motions. Joint motions must be signed by the Court to have legal effect, other than stipulations signed by all parties that have appeared pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). 1 EX PARTE MOTIONS The Court may rule upon ex parte motions without requiring a response from the opposing party. If a party intends to oppose the ex parte motion, the party must immediately file a notice stating that the party intends to oppose the ex parte motion and provide the date upon which the opposition will be filed. PRETRIAL MOTION PRACTICE Pursuant to Civil Local Rule 7.1(b), all dates for motion hearings must be obtained by calling the law clerk, but may be modified by the Court. The assigned date must appear on the front of the motion. The courtroom and time must not be indicated. After obtaining a hearing date from the law clerk, the party must file its motion within three (3) court days. A party who fails to file its papers within three (3) court days of obtaining the hearing date forfeits the assigned hearing date. The Court may resolve motions on the papers and without oral argument, in accordance with Civil Local Rule 7.1(d)(1). Unless otherwise notified by the Court, the parties must include the following language on the front of their motions directly underneath the hearing date: “NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT.” This serves as notice to the parties that there will be no personal appearances at the hearing. Any party may request oral argument. If the Court decides to hear oral argument, the Court will issue an order setting the matter for oral argument. An opposing party’s failure to file an opposition to a motion may be construed as consent to the granting of the motion, or may result in consideration of facts as undisputed, pursuant to Civil Local Rule 7.1(f)(3)(c). The Court will take all motions under advisement on the assigned hearing date without notice to the parties. All motions for summary judgment must be accompanied by a separate statement of undisputed material facts. Any opposition to a summary judgment motion must include a response to the separate statement of undisputed material facts. COURTESY COPIES The Court does not require courtesy copies for filings less than 20 pages in length, including attachments and exhibits. Courtesy copies must be submitted in accordance with Section 2(e) of the Electronic Case Filing Administrative Policies and Procedures via United States Postal Service mail, courier, or delivery to chambers. The courtesy copy must contain the CM/ECF document header on the top of each page. The Court prefers courtesy copies to be printed double-sided, but will accept single-sided. Please bind courtesy copies on the top left corner only. Please do not use steel prong fasteners at the top. If a filing has more than three (3) exhibits, the exhibits must be tabbed and listed in a table of exhibits. TENTATIVE RULINGS Judge Hayes does not issue tentative rulings. 2 ELECTRONIC, AUDIO/VIDEO, AND OTHER EQUIPMENT Parties may use courtroom technology as set forth in the “Courtroom Technology User Guide” document, available at the Court’s website at the “Attorneys” tab under “Courtroom Technology.” Parties may call chambers to schedule time to test the equipment at least seven (7) days before the hearing or trial. For equipment other than that referenced in the Attorney User Guide, parties may request to use other equipment in the courtroom by filing a joint motion, or an ex parte motion if joint motion is not possible, at least seven (7) days before the hearing or trial and email a proposed order to the Court. The proposed order must itemize all equipment and list the dates when it will be used in the courtroom. The order must be presented to security personnel when the equipment is brought into the courthouse. TELEPHONIC HEARINGS Unless otherwise ordered by the Court, all oral argument must be attended by counsel in person, and will be heard in open court. If a telephonic hearing is allowed by the Court, counsel appearing telephonically are responsible for arranging the call and must email the Court the correct phone number and any dial-in information at least seven (7) days in advance of the hearing. Counsel must be available at least five (5) minutes prior to the scheduled hearing time. PRETRIAL CONFERENCE Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties file and email to Chambers a proposed pretrial order at least seven (7) days before the pretrial conference. The proposed pretrial order must include all elements set out in Civil Local Rule 16.1(f)(6)(c) and any other issues relevant to the trial. All parties are required to cooperate in completing the proposed pretrial order. The Court will confirm the trial date during the pretrial conference. The Court will schedule a motion in limine hearing date during the pretrial conference. All motions in limine are due two weeks before the motion in limine hearing date. All responses are due seven (7) days before the motion in limine hearing date. Unless otherwise ordered by the Court, the joint proposed jury instructions, proposed verdict form, voir dire questions, statement of the case, exhibit binders and proposed verdict forms are also due seven (7) days before the motion in limine hearing date. The proposed jury instructions, proposed verdict form, and statement of the case must also be emailed to the Court in Word format. EXHIBITS Exhibit stickers may be obtained from the Clerk of the Court, in advance of the start of trial. Exhibits are to be placed in three-ring binders separated by tabs. When convenient for witness testimony, parties may also use three-ring binders with relevant exhibits separated by witness. Unless otherwise ordered by the Court, the parties must provide two (2) copies of the exhibit binders to the Court seven (7) days in advance of the motion in limine hearing date. 3 TRIAL PROCEDURES Trial generally proceeds from 9:00 a.m. to 5:00 p.m., Tuesday through Friday, unless the Court schedules otherwise. Jury deliberations generally proceed from 9:00 a.m. to 5:00 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 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, i.e., by quickly orienting the witness with an exhibit and returning to the podium. When objecting state only the legal ground for the objection, i.e., “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. SETTLEMENT If the parties settle a case, counsel must immediately notify the magistrate judge of the settlement. If the magistrate judge does not set a deadline for the filing of a “Joint Motion to Dismiss,” the parties must file the “Joint Motion to Dismiss” and email a proposed order to this Court within twenty-eight (28) days of the settlement. GENERAL DECORUM All persons, whether observers, witnesses, lawyers, or clients must maintain proper decorum while in the courtroom. Counsel must rise when addressing the Court, when examining a witness, and, in jury trials, when the jury enters or leaves the courtroom. Only water is allowed in the courtroom. Updated 3/11/2021 4

=== Hayes Criminal Pretrial and Trial Procedures ===

HONORABLE WILLIAM Q. HAYES UNITED STATES DISTRICT JUDGE CRIMINAL PRETRIAL & TRIAL PROCEDURES Please note: 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. COURT CALENDAR Criminal matters are generally heard on Mondays at 9:00a.m. and 2:00p.m. unless otherwise scheduled by the Court. PRETRIAL MOTIONS Magistrate Judges will schedule the Motion/Trial Setting hearing on the Monday calendar six weeks after the initial appearance before the Magistrate Judge. All motions shall be filed at least 21 calendar days before the hearing date, except motions in limine and those pertaining to sentencing matters. Opposition briefs shall be filed at least 7 calendar days before the hearing date. DISPOSITION HEARINGS Rule ll 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 and immediately inform the courtroom deputy for Judge Hayes of the disposition hearing. See Local Rule 11.2. TRIAL PROCEDURES A. Motions in Limine. At the pretrial motions date, the Court will schedule a hearing date for motions in limine. Motions in limine are due two weeks before the hearing, with any opposition due one week before the hearing. B. Trial Briefs. Pursuant to Criminal Local Rule 23.1, the parties may, no later than five court days before the date of trial, serve and file briefs on all significant disputed issues of law, including forseeable procedural and evidentiary issues. C. Proposed Voir Dire Questions and Verdict Forms. Counsel may serve and file proposed voir dire questions and forms of verdict on the day set for motions in limine. 1 D. Jury Instructions. The parties should each submit proposed jury instructions to the Court five days prior to trial, unless otherwise ordered by the Court. Supplemental instructions must be filed and served as soon as the need for the instruction becomes apparent. The Court will use the Model Jury Instructions for the Ninth Circuit whenever possible. The Court will accept other proposed jury instructions along with the authority supporting the proposed instructions. Any proposed instruction from statutory authority or the Ninth Circuit Model Instructions must state specifically the modification and the authority supporting the modification. Do not submit a list of model jury instruction numbers and do not submit model instructions with brackets. 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 objections to the proposed instructions. E. Jury Selection. 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 on non-complex cases generally will be allowed. F. Presentation of Evidence. Do not enter the well, except during voir dire, opening statements and closing argument. Conduct all examination of witnesses from the podium. Please seek permission from the Court before approaching a witness. Please keep your visit to the witness stand brief, i.e., by quickly orienting the witness with an exhibit and returning to the podium. When objecting state only the legal ground for the objection, i.e., Aobjection, 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. H. Exhibits. Government counsel must provide a list of exhibits and give it to the Courtroom Deputy Clerk 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 or from the Courtroom Deputy Clerk, in advance of trial. I. Trial Schedule. Generally, trials are scheduled from 9:00a.m. to 5:00p.m., beginning on Tuesdays. Jury deliberations proceed from 9:00a.m. to 5:00p.m. The Court will notify the parties of deviations from this schedule and will attempt to accommodate 2 jurors, witnesses and counsel, if conflicts arise. 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 or a motion hearing trial setting hearing shall file a motion in the record and include the amount of time requested for the continuance. The motion should be filed at the earliest possible time, but in no event later than 10 a.m. on Friday prior to the Monday sentencing date. The motion should state the agreement or opposition of the non-moving party. A proposed order should be sent to [email protected]. Objections to the presentence report must be filed and served by the government and counsel for the defendant fourteen (14) days prior to the sentencing hearing date as required in Criminal Local Rule 32.1 a. 5. Sentencing summary chart must be filed and served by the government and counsel for the defendant no later than seven (7) days before the sentencing hearing date as required in Criminal Local Rule 32.1 a. 9. GENERAL DECORUM All persons, whether observers, witnesses, lawyers, or clients must maintain proper decorum while in the courtroom. Counsel shall rise when addressing the court, when examining a witness, and, in jury trials, when the jury enters or leaves the courtroom. Only water is allowed in the courtroom. Andrew Sacco, Courtroom Deputy (619) 557-7360 Melinda Setterman, Court Reporter (619) 937-5061 3 Updated 2/21/2019 4