Simmons Civil Chambers Rules; Simmons Criminal Chambers Rules

=== Simmons Civil Chambers Rules ===

Honorable James E. Simmons Jr. United States District Judge Civil Chambers Rules For questions regarding filing or docketing, contact: • • • the Clerk’s Office at (619) 557-5600, the CM/ECF Helpline at (866) 233-7983, or the CASD CM/ECF Helpdesk at [email protected] For criminal matters or courtroom technology, contact: • Emily Blase, Courtroom Deputy at [email protected] For civil hearing dates only, contact: • Judge Simmons’ law clerks in chambers at (619) 557-7666 For transcripts requests, contact: • Amanda LeGore, Court Reporter at [email protected] Unless otherwise ordered by the Court, counsel and pro se litigants are expected to follow the Federal Rules of Civil Procedure, the Civil Local Rules for the Southern District of California (the “Civil Local Rules”), the Electronic Case Filing Administrative Policies and Procedures Manual (the “ECF Manual”), and any other applicable rules. The Civil Local Rules and the ECF Manual are available on the District Court’s website at https://www.casd.uscourts.gov/rules/local- rules.aspx. Failure to comply with the applicable Orders and rules, including the ECF Manual, may result in the Court striking non-compliant documents from the record pursuant to ECF Manual Section 2(a) and/or imposing sanctions pursuant to Civil Local Rule 83.1. I. Communications with Chambers A. Letters, faxes, or emails. Letters, faxes, 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, faxes or emails shall simultaneously copy all counsel and unrepresented parties. Copies of correspondence between counsel must not be sent to the Court unless requested by the Court. 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 three (3) 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. Counsel or unrepresented parties should not call chambers with procedural questions or to inquire whether any action has been taken on a motion or other filing. Court personnel are prohibited from giving legal advice or discussing the timing or merits of a case. Requests regarding access to courtroom technology prior to a hearing should be directed to Courtroom Deputy Emily Blase by email. Civil Chambers Rules 1 Revised April 21, 2025 C. Courtesy Copies Courtesy copies of filings that exceed 20 pages in length, including attachments and exhibits, shall be submitted in accordance with Section 2(e) of the ECF Manual via United States Postal Service mail, courier, or delivery to the Clerk’s Office. The courtesy copy shall contain the CM/ECF document header on the top of each page. The Court prefers courtesy copies to be printed double-sided. If a filing has more than three (3) exhibits, the exhibits must be tabbed. D. 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). II. Discovery Counsel must contact the assigned 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. III. Noticed Motions 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 thoroughly discuss the substance of the 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 to the following effect: “This motion is made following the conference of counsel that took place on [date].” Parties will not obtain a hearing date until they have satisfied this meet and confer requirement. 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, (2) applications for temporary restraining orders or preliminary injunctions and (3) motions and cross-motions for summary judgments. 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 Motion hearing dates are generally set on Wednesdays beginning at 9:00 a.m. Pursuant to Civil Local Rule 7.1(b), all dates for motion hearings must be obtained by calling the appropriate law clerk in chambers before filing any motion. Motion papers MUST be filed and served within three (3) calendar days of obtaining a motion hearing date from chambers. Failure to comply with this requirement may result in the forfeiture of the assigned hearing date. Civil Chambers Rules 2 Revised April 21, 2025 C. Oral Argument The Court prefers to hear oral argument on all civil motions. If the Court determines that a matter may be resolved on the papers without oral argument in accordance with Civil Local Rule 7.1(d)(1), the Court will issue an Order vacating the hearing at least a week before the scheduled hearing date. In the event the moving party desires to submit on the papers, the phrase “No Oral Argument Requested” should appear on the caption. If the moving party indicates that no oral argument is requested, the non-moving party may request that the Court hold oral argument in its opposition. The Court views argument as an opportunity to have counsel answer questions on the facts and law that remain despite the briefing. Typically, the hearing will begin with the Court expressing its tentative ruling or areas where questions remain. Counsel need not prepare for or expect to, restate the arguments from the briefs or elaborate on the facts in general. Lengthy presentations are discouraged. D. Briefing & Briefing Schedule The schedule for filing briefs must be in accordance with Civil Local Rule 7.1(e), unless ordered otherwise by the Court. 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 consolidate the briefing to avoid duplication in briefing. Parties may file a notice of joinder to another party’s papers in support of or in opposition to a motion. E. Sur-Replies and Notices of Supplemental Authority The parties must obtain leave of Court by filing an ex parte request before filing any sur- replies. Notices of supplemental authority may not be filed unless leave of court has been granted. 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 the case citation and a copy of the order or opinion. Counsel may not include any argument in the notice. F. Motions and Cross-Motions for Summary Judgment Consistent with Civil Local Rule 7.1(f)(1), separate Statements of Fact may not be filed unless leave of Court has been granted. Rather, the parties must meet and confer to arrive at a joint statement of undisputed material facts, which must be filed no later than the reply brief. To the extent possible, the parties must coordinate the filings of a motion and cross- motion for summary judgment so that a consolidated briefing may be applied. No later than fifteen (15) days before the deadline for filing dispositive motions, all parties on the same side of the case (i.e., all defendants or all plaintiffs), must meet and confer about whether they intend to file a motion for summary judgment, and if so, the bases for that motion. Civil Chambers Rules 3 Revised April 21, 2025 G. Exhibits & Unreported Cases All exhibits submitted in support of motions should include only relevant material. All exhibits must be clearly labeled, dated, tabbed, and indexed. 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 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), ECF __ at __). 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 cited cases attached as exhibits. H. 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. I. Proposed Orders Proposed orders must be submitted simultaneously with all motions. Proposed orders should contain “[PROPOSED]” in the caption. This Chambers Rule mandating the addition of “[PROPOSED]” supersedes Section 2(h) of the ECF Manual. However, in accordance with Section 2(h) of the ECF Manual, proposed orders shall not contain the name and law firm information of the filing party. Counsel must email proposed orders in Word (.doc) format to [email protected] 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. J. List of Terms/Names For technical motions, the parties must send an email to chambers one (1) week prior to the hearing with a list of pertinent technical terms and/or proper names to assist the court reporter. K. Telephonic/Video Appearances The Court strongly prefers that noticed hearings be held in-person in open court. However, the Court recognizes that telephonic or video appearances may be necessary for many reasons. Any party requesting to appear telephonically or on video should email the Courtroom Deputy, Emily Blase to obtain the appropriate link at least three (3) court days prior to the hearing. Any individual requesting to observe telephonically must contact Ms. Blase at least two (2) calendar days before the hearing to obtain the public dial-in information. IV. Ex Parte Motions Before filing any ex parte motion, counsel must contact the opposing party to meet and confer regarding the subject of the motion. 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. Any ex parte motion filed with the Court must be served on opposing counsel via email, fax, or overnight mail. Civil Chambers Rules 4 Revised April 21, 2025 Ex parte motions that are not opposed within two (2) Court days will be considered unopposed and may be granted on that ground. After receipt, moving and opposing ex parte papers will be reviewed and a decision will be made without a hearing. If the Court decides to hear oral argument, the Court will issue an order setting the date and time for oral argument. V. Temporary Restraining Orders All motions for temporary restraining orders must be briefed. While temporary restraining orders may be heard ex parte, 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. VI. Continuances 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. 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. The parties must also email a proposed order in Word (.doc) format to [email protected]. See Chambers Civil Rule III.I. The proposed order must set forth the currently scheduled date and the new proposed date. If the parties are unable to reach an agreement, the requesting party must file an ex parte motion satisfying the applicable legal standard. The ex parte motion must include opposing counsel’s position with regard to their opposition. 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. VII. Protective Orders and Requests to File Under Seal 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. Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing. The motion to seal will be a public entry on the docket and will be available to the public, in accordance with Section 2(j) of the ECF Manual. The motion to seal must provide the Court with a specific description of the particular documents or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions). The motion to seal must be accompanied by declaration(s) from individual(s) with knowledge of the content of the documents demonstrating a compelling reason or good cause to protect those documents from disclosure. The standard for filing documents under seal will be strictly applied. Civil Chambers Rules 5 Revised April 21, 2025 After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the “Sealed Lodged Proposed Document” in accordance with Section 2(j) of the ECF Manual. If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court’s consideration. The party requesting a sealing order must also file a “public” version of the document(s) it seeks to file under seal. For each document the moving party seeks to seal, the party may redact only that information that is deemed confidential or privileged. If the moving party has sought 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. If the moving party has sought an order to seal only portions of the document, the party should file the document with the alleged confidential or privileged information redacted. 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. 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 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 (7) 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. VIII. Settlement If the parties settle a case, counsel must immediately notify this Court and the magistrate judge. 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. IX. Pretrial Conference Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email a proposed pretrial order in Word (.doc) format to [email protected] at least seven (7) days before the pretrial conference. The proposed pretrial order must strictly comply with the requirements of Civil Local Rule 16.1(f)(6)(c). All parties are required to cooperate in completing the proposed pretrial order. The Court will set a trial date and a motion in limine hearing date during the pretrial conference. The Court will also set deadlines by which to file final witness and exhibit lists and Civil Chambers Rules 6 Revised April 21, 2025 —in jury cases— proposed voir dire questions. The Court will set reasonable time limits in consultation with counsel. See Chambers Civil Rule XII.F. The parties must also meet and confer and submit a joint set of proposed jury instructions, a separate set of any instructions they propose to which there is an objection, a joint statement of the case to be read for the jury, and verdict forms with their joint pretrial conference order and email a copy in Word (.doc) to chambers. Any modification to a standard jury instruction must be identified by specifying the modification to the original instruction and the authority supporting the modification. The listed items must be submitted at least seven (7) days before the pretrial conference. X. Trial Date Trial will generally be set for approximately a month after the final pretrial conference. Trial may be set at a later time depending on the circumstances of the case and the Court’s schedule. XI. Motions in limine Motions in limine must be 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. 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. Counsel must confirm their good faith attempt to resolve the issues in their motion papers. 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. A briefing schedule for motions in limine will be set at the final pretrial conference. Generally, motions in limine will be heard two weeks before trial. Motions must be filed and served three weeks before the scheduled hearing date, with oppositions due two weeks before the hearing. Unless the Court grants permission otherwise, each side is limited to a maximum of five (5) motions in limine. Each motion in limine and each opposition shall not exceed ten (10) pages in length. Attachments to any motion in limine or opposition are included in the ten-page limit. Each motion in limine must be filed separately on the docket. No replies to motions in limine are permitted. Unless the parties obtain leave of Court to exceed the limitations contained herein prior to filing, multiple filings and filings that exceed the page limitations will be stricken. XII. Trial Procedures A. Bench Trial – Specific Procedures Fourteen (14) days before trial, counsel must serve and file the proposed Findings of Fact and Conclusions of Law and an electronic copy of the proposed Findings of Fact and Conclusions of Law must be emailed to [email protected] in Word format. Civil Chambers Rules 7 Revised April 21, 2025 The Court will permit opening statements. Rather than hear closing arguments, unless otherwise ordered, the parties will be permitted to file closing briefs not to exceed twenty-five (25) pages within four (4) weeks of the date on which all relevant transcripts become available. B. Jury Selection Unless authorized by the Court, parties should not submit jury questionnaires. On the day set for jury selection, the courtroom deputy will provide counsel with a numerical list of the prospective jurors (“strike sheet”) at the start of 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 their respective challenges using the “blind strike” method. That is, each side will exercise their peremptory challenges simultaneously and confidentially by marking those jurors they wish to excuse on the provided strike sheet. The Courtroom Deputy Clerk (“CRD”) will collect the parties’ strike sheets and, after reconciling those sheets, the CRD will then inform the parties of the first eight (8) remaining (non-challenged) jurors. All remaining prospective jurors will be excused at that time unless alternates are selected. C. Trial Exhibits and Witness Lists In preparing trial exhibits, the parties should contact the Clerk’s Office or the CRD for exhibit stickers. Parties may provide their own exhibit stickers if 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 both bench trials and jury trials, the parties must submit two (2) courtesy copies 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. The parties must also submit the trial exhibits in an electronic-media format (e.g., CD, DVD, or USB flash drive) at least three (3) days before trial. The parties must also exchange their Final Exhibit and Witness Lists one (1) week before trial and email a copy of their Final Exhibit and Witness Lists to chambers one (1) week before trial. D. Trial Schedule Trial generally proceeds from 9:00 a.m. to 4:00 p.m., Monday through Thursday, unless the Court schedules otherwise. There will be a one-hour break over the noon hour and two 15- minute breaks, one in the morning, one in the afternoon. Jury deliberations also generally proceed from 9:00 a.m. to 4:00 p.m., including Fridays, unless the Court schedules otherwise. E. Trial Briefs The parties may file trial briefs one (1) week prior to the date of trial. Trial briefs are limited to twenty-five (25) pages. Attachments or exhibits may not be appended. Civil Chambers Rules 8 Revised April 21, 2025 F. Trial Procedures 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. Lawyers must make every effort to have their witness available on the day the witness is 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. Counsel should not enter the well, except during voir dire, opening statements, and closing arguments. Counsel should conduct all examination of witnesses from the podium, seek permission from the Court before approaching a witness, and keep any visit to the witness stand brief, e.g., by quickly orienting the witness with an exhibit and returning to the podium. After first asking for permission to approach a witness, counsel does not need to seek permission again for the remainder of that witness’ examination. When objecting, counsel should 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. G. Bench Conferences Sidebar conferences are disfavored. If counsel desires to speak to the Court outside the jury’s presence, counsel may request to do so at the start of a recess or at the end of the day. Requests for sidebar conference will only be granted if the matter cannot wait until the next recess. XIII. 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. Civil Chambers Rules 9 Revised April 21, 2025

=== Simmons Criminal Chambers Rules ===

Honorable James E. Simmons Jr. United States District Judge Criminal Chambers Rules For questions regarding filing or docketing, contact: • • • the Clerk’s Office at (619) 557-5600, the CM/ECF Helpline at (866) 233-7983, or the CASD CM/ECF Helpdesk at [email protected] For criminal matters, contact: • Emily Blase, Courtroom Deputy at [email protected] For civil hearing dates only, contact: • Judge Simmons’ law clerks in chambers at (619) 557-7666 For transcripts requests, contact: • Amanda LeGore, Court Reporter at [email protected] Unless otherwise specified by the Court, counsel and pro se litigants are expected to follow the Federal Rules of Criminal Procedure, the Criminal Local Rules for the Southern District of California (the “Criminal Local Rules”), the Electronic Case Filing Administrative Policies and Procedures Manual (the “ECF Manual”), and any other applicable rules. The Criminal Local Rules and at https://www.casd.uscourts.gov/rules/local-rules.aspx. Failure to comply with the applicable Orders and rules, including the ECF Manual, may result in the Court striking non-compliant documents from the record pursuant to ECF Manual Section 2(a) and/or imposing sanctions pursuant to Criminal Local Rule 57.1. the District Court’s website the ECF Manual available are on I. Court Calendar Criminal matters will generally be heard on Fridays at 9:00 a.m., unless otherwise scheduled by the Court. II. Communications with Chambers A. Letters, Faxes, or Emails Letters, faxes, 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, faxes, 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. B. Telephone Calls For docketing, scheduling, and calendaring matters, contact Courtroom Deputy Emily Blase by email. Court personnel are prohibited from giving legal advice or discussing the timing or merits of a case. Criminal Chambers Rules 1 Revised November 18, 2024 C. Requests for Continuances Continuance requests must be docketed as a motion in CM/ECF, no later than two days before the hearing by 12:00 PM. When all parties stipulate to the continuance, the request should be docketed as a joint motion. If a joint motion is untimely filed, counsel will appear in person to request a continuance at the scheduled hearing. These motions should include: the original hearing date, the requested date for continuance (obtained from the courtroom deputy before filing), the grounds for continuance, and whether continuances of the same hearing have been requested in the past. If applicable, the joint motion should include a request for exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, and include specific legal and factual bases for the exclusion. Counsel’s stipulation to exclusion, on its own, is insufficient to support the exclusion of time. A notice of acknowledgment of the next court date must be filed by all out of custody defendants within seven days of granting the continuance. D. Proposed Orders Proposed orders must be submitted simultaneously with all motions. Proposed orders should include “[PROPOSED]” in the caption. Counsel must email proposed orders in Word (.doc) format to [email protected] 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. III. Motions A. Scheduling a Hearing Date The magistrate judge will set the initial hearing date for pretrial motions. Any changes to that date or any other hearing date for motions shall be obtained from the courtroom deputy. See Criminal Local Rule 47.1(a). Motions are generally heard on the Court’s Friday calendar. B. Courtesy Copies Courtesy copies of filings that exceed 20 pages in length, including attachments and exhibits, shall be submitted in accordance with Section 2(e) of the ECF Manual via United States Postal Service mail, courier, or delivery to the Clerk’s Office. The courtesy copy shall contain the CM/ECF document header on the top of each page. The Court prefers courtesy copies to be printed double-sided. If a filing has more than three (3) exhibits, the exhibits must be tabbed and listed in a table of exhibits. C. Sealed Motions and Protective Orders The public enjoys a presumptive right of public access to court records based upon the First Amendment and 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. For all requests to seal, counsel must lodge the documents via email to the Courtroom Deputy or hand-deliver the documents to the Clerk of Court on the Fourth Floor of the James M. Carter & Judith N. Keep U.S. Courthouse. The lodged documents must include: (1) the motion to seal; (2) the proposed sealed documents; and (3) a proposed order in compliance with these Rules. Motions to seal and motions for protective orders should not be hand-delivered to chambers. Criminal Chambers Rules 2 Revised November 18, 2024 IV. Dispositions and Sentencings A. Dispositions Generally, Rule 11 guilty pleas may be taken by the magistrate judge on a report and recommendation. The Court encourages pleas before the magistrate judge assigned to the case. Rule 11 guilty pleas may also be taken by the district judge if it is not possible to schedule a hearing with the magistrate prior to the pretrial motion hearing. Parties wishing to have a guilty plea taken by the district judge must contact the courtroom deputy in advance of the scheduled pretrial motion hearing. B. Notice to Court of Disposition Any time a case is calendared for motions and counsel for either side knows that a disposition is to take place, counsel has a duty to email the Courtroom Deputy at the earliest available time to inform the Court of the disposition. C. Immediate Sentencing Upon request, the Court will proceed with immediate sentencing in certain immigration cases if it has adequate information in the record to perform a meaningful exercise of sentencing authority. V. Trial Procedures A. Trial Schedule Trial generally proceeds from 9:00 a.m. to 4:00 p.m., Monday through Thursday, unless the Court schedules otherwise. There will be a one-hour break over the noon hour and two 15- minute breaks, one in the morning, and one in the afternoon. Jury deliberations also generally proceed from 9:00 a.m. to 4:00 p.m., including Fridays, unless the Court schedules otherwise. B. Motions in Limine The Court will generally schedule a hearing date for motions in limine in advance of trial. Motions in limine are due three weeks before the hearing, with any responses due two weeks before the hearing. Unless specifically granted by the Court, replies to responses to the motions in limine are not permitted. C. Jury Instructions The parties must file proposed jury instructions fourteen (14) days prior to the date of trial, to the Court and unless otherwise ordered by [email protected]. Counsel must meet and confer and submit a joint set of agreed instructions. Counsel must also submit a separate set of any instructions they propose to which there is an objection. The parties should clearly identify the disputed portions. in Word email a copy The Court prefers to use the Ninth Circuit Model Jury Instructions whenever possible. The Court will consider other proposed jury instructions, but counsel must cite the authority supporting proposed instructions. Any modification to a standard instruction must be identified by specifying the modification to the original instruction and the authority supporting the modification. Criminal Chambers Rules 3 Revised November 18, 2024 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 appear necessary. D. Trial Briefs Pursuant to Criminal Local Rule 23.1, the parties may, no later than five (5) court days before the date of trial, serve and file briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues with citation of relevant statutes, ordinances, rules, cases and other authorities. E. Proposed Voir Dire Questions, Verdict Forms Counsel may serve and file proposed voir dire questions and verdict forms on the day set for motions in limine. F. Jury Selection On the day set for jury selection, the courtroom deputy will provide counsel with a numerical list of the prospective jurors (“strike sheet”) at the start of voir dire. The Court will conduct the initial jury voir dire. The Court will generally permit follow-up voir dire conducted by the attorneys. The time allowed per side will be decided based on the complexity of the case. Attorney-conducted voir dire should be supplemental and not duplicative of the Court’s questions. No attempts to use the questioning to precondition the jury to a party’s case will be allowed. After the Court and counsel complete voir dire of the panel, counsel may exercise challenges for cause outside the presence of the prospective jurors. The exercise of peremptory challenges will follow. Counsel will exercise their respective challenges using the “blind strike” method. That is, each side will exercise their peremptory challenges simultaneously and confidentially by marking those jurors they wish to excuse on the provided strike sheet. The Courtroom Deputy Clerk (“CRD”) will collect the parties’ strike sheets and, after reconciling those sheets, allow the parties to view the opposing counsel’s challenges and the Court will hear any Batson challenges. The CRD will then inform the parties of the first twelve (12) remaining (non-challenged) jurors. The parties will also be informed of the four (4) eligible alternate jurors. The strike sheets will be returned to the parties, who will then use the blind strike method to exercise their one additional peremptory challenge with respect to the four (4) eligible alternate jurors. The CRD will again collect the strike sheets and, after reconciling those sheets, announce to the parties who the two alternate jurors will be. G. Presentation of Evidence The following rules apply: Do not enter the well, except during voir dire, opening statement, and closing argument. Conduct all examinations of witnesses from the podium. Feel free to approach witnesses during examination, but first seek permission from the Court. After seeking permission the first time, you do not need to seek permission again for the remainder of that witnesses’ examination. Please keep your visit to the witness stand brief, e.g., by quickly orienting a witness with an exhibit and returning to the podium. Criminal Chambers Rules 4 Revised November 18, 2024 Where 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. 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. H. Bench Conferences Sidebar conferences are disfavored. If counsel desires to speak to the Court outside the jury’s presence, counsel may request to do so at the start of a recess or at the end of the day. Requests for sidebar conference will only be granted if the matter cannot wait until the next recess. I. Exhibits Government counsel must provide a list of exhibits and give two (2) courtesy 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 or from the courtroom deputy in advance 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. When referring to an exhibit, counsel should refer to its exhibit number whenever possible to keep a complete record. If an exhibit is being used and counsel’s view is obstructed, counsel may relocate for better viewing without requesting permission from the Court. 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. Criminal Chambers Rules 5 Revised November 18, 2024