Standing Order in Civil Cases; Civil Trial Procedures

=== Standing Order in Civil Cases ===

Effective 11/5/2025 U.S. Magistrate Judge Chi Soo Kim United States District Court for the Eastern District of California 501 I Street, Courtroom No. 25, 8th Floor Sacramento, CA 95814 CIVIL STANDING ORDERS I. CIVIL LAW AND MOTION (NON-DISCOVERY) The following applies to non-discovery civil law and motion. This does not apply to Social Security cases (Local Rule 206 and Section IV below apply); prisoner cases (Local Rule 230(l) applies to all motions in prisoner cases except motions to dismiss for lack of prosecution and Section V below apply); or motions for administrative relief (Local Rule 233 applies).1 See Section II below for civil discovery matters. A. Schedule: Civil law and motion is heard on Tuesdays at 10:00 a.m. in person in Courtroom 25. Motion dates are not reserved. If the hearing date conflicts with the Court’s calendar, the Court will reschedule the hearing. B. Briefs: Besides cross motions for summary judgment (see Section I.C), all other motions and oppositions are limited to 20 pages, and replies are limited to 10 pages. Only in rare instances and for good cause shown will requests to expand these page limits or to file a supplemental brief or sur-reply be granted. Any such requests must be filed in writing at least seven (7) days before the filing. Pages that exceed the page limits, supplemental briefs, or sur-replies filed without prior leave of court will not be considered. Briefs must be submitted using a minimum of 12 point font for all text, including footnotes, and must be double- spaced. Multi-page exhibits must be internally paginated, with the pagination for each exhibit beginning at one (1) (for example, Exh. A-1, Exh. A-2, etc.). C. Motions for Summary Judgment: Local Rule 260 applies to motions for summary judgment, and requires the moving party to submit a Statement of Undisputed Facts. The Statement of Undisputed Facts shall be submitted as an attachment in a numbered table format following the example below. The opposing party shall reproduce and respond to the moving party’s Statement of Undisputed Facts in a numbered table format, and shall submit its response as an attachment. An example is provided below. Example - Statement of Undisputed Facts No. Undisputed Fact Source (Deposition Page:Line, etc.) Opposing Party’s Response 1. 2. 1 The Local Rules of the United States District Court for the Eastern District of California are available on the district court’s website: https://www.caed.uscourts.gov/caednew/index.cfm/rules/local-rules/. 1 Effective 11/5/2025 The requirements for briefs in Section I.B apply to all summary judgment motions, except for cross motions for summary judgment. If Plaintiff and Defendant both intend to file a motion for summary judgment, the motions will be treated as cross motions for summary judgment. At least 28 days before the dispositive motions filing deadline, the parties must meet and confer to determine whether they intend to file cross motions for summary judgment. Only four briefs shall be filed for cross motions for summary judgment using the following schedule and page limits: 1. Plaintiff’s opening motion and brief (20 pages maximum) shall be filed at least 21 days before the dispositive motions filing deadline; 2. Defendant’s opposition and cross motion for summary judgment (30 pages maximum) shall be filed no later than 14 days after Plaintiff’s opening motion was filed; 3. Plaintiff’s reply and opposition (30 pages maximum) shall be filed no later than 14 days after Defendant’s opposition and cross motion was filed; and 4. Defendant’s reply (10 pages maximum) shall be filed no later than 14 days after Plaintiff’s reply and opposition was filed. D. Remote Zoom Appearances: Requests for a remote appearance are generally disfavored absent a showing of hardship (for example, a pro se party without means to travel to the courthouse, health concerns, a substantial increase in litigation costs for out-of-state travel by counsel where no counsel is located in California, etc.). Scheduling conflicts are insufficient. A request for a remote appearance must be filed in writing at least 10 days before the hearing, only after providing courtesy notice to other parties, and must include the basis for the request. If a request for a remote appearance is granted, all parties will appear remotely by video using the Zoom platform; there are no hybrid hearings. During the remote appearance, the individual’s video and audio must be turned on and functioning. Virtual backgrounds, avatars, digital twins, or the use of any tool or artificial intelligence (AI) to alter an individual’s appearance or voice are prohibited. E. Less Experienced Attorneys: The Court values the importance of training less experienced attorneys. The parties are encouraged to consider providing less experienced attorneys with the opportunity to present oral argument. If a written request for oral argument is filed at least 10 days before the scheduled hearing and states that an attorney with less than five (5) years of experience as a practitioner will present oral argument, the Court will hold a hearing. The Court may otherwise find it appropriate in some situations to submit a motion without oral argument. 2 II. DISCOVERY Effective 11/5/2025 The following applies to discovery matters in non-prisoner cases. Local Rule 230(l) applies to all motions in prisoner cases except motions to dismiss for lack of prosecution. A. Meet and Confer Requirement: For discovery matters where all parties raising the discovery matter are represented by counsel, the requirement to confer under Local Rule 251 and for Informal Discovery Resolution (see Section II.C below) must be done through communication that occurs in-person, by phone, or by video. Written communication alone does not satisfy the requirement to confer where all parties raising the discovery matter are represented by counsel. B. Motions Pursuant to Local Rule 251: The Joint Statement re Discovery Disagreement under Local Rule 251(c) is limited to 20 pages, excluding exhibits. If an affidavit is filed instead of a Joint Statement as provided under Local Rule 251(d), the affidavit is limited to 15 pages, excluding exhibits. For motions under Local Rule 251(e), the motion and opposition are limited to 20 pages, and the reply is limited to 10 pages, excluding exhibits. Only in rare instances and for good cause shown will requests to expand these page limits be granted. Any such requests must be filed in writing at least seven (7) days before the filing deadline. Pages that exceed the page limits without prior leave of court will not be considered. The Joint Statement, affidavit, or brief must be submitted using a minimum of 12 point font for all text, including footnotes, and must be double-spaced. Multi- page exhibits must be internally paginated, with the pagination for each exhibit beginning at one (1) (for example, Exh. A-1, Exh. A-2, etc.). For the Joint Statement, parties are discouraged from submitting exhibits of communications between the parties regarding the discovery matter (for example, emails between counsel). For the Local Rule 251(d) affidavit, the party submitting the affidavit may submit exhibits of communications between the parties to demonstrate efforts made to secure the cooperation of the other party, the preparation or execution of the Joint Statement, or the other party’s response or failure to respond. C. Informal Discovery Resolution: Upon order of the Court in an appropriate case or by agreement of the parties, Judge Kim will resolve discovery disputes outside the formal Local Rule 251 procedures by conducting an informal telephonic conference. To promote the just, speedy, and inexpensive resolution under Rule 1 of the Federal Rules of Civil Procedure, parties are encouraged to resolve discovery disputes early through this informal discovery resolution process. A party with a discovery dispute shall first confer with the opposing party in a good faith effort to resolve the dispute without court action. If such efforts fail, the prospective moving party may contact Judge Kim’s Courtroom Deputy, Alexandra Waldrop, at (916) 930-4187 or [email protected], to request an informal telephonic conference with Judge Kim. The prospective moving party, after having conferred with the opposing party, shall provide the dates and times 3 Effective 11/5/2025 in the next three (3) to fourteen (14) days when all concerned parties are available for a telephonic conference. The Court will then issue a minute order with the time and date of the telephonic conference, and provide dial-in instructions. Unless a different deadline is set by the Court, by 10:00 a.m. PT two business days before the telephonic conference, the parties shall file a joint letter briefly summarizing the discovery dispute and the parties’ meet and confer efforts. The joint letter brief is limited to two (2) pages; must use a minimum of 12 point font for all text; and may be single spaced. Parties are discouraged from submitting exhibits or attachments. If any exhibits or attachments are submitted, they are limited to five (5) pages. Pages that exceed the page limits will not be considered. After or during the telephonic conference, the Court may issue an order ruling on the issues presented. Parties are cautioned that the Court will maintain the power to issue monetary and other sanctions during telephonic conferences, including for failures to meet and confer in good faith or for abuse of the discovery process. D. Remote Zoom Appearances: The same procedures for remote Zoom appearances in Section I.D above apply to discovery-related hearings. E. Less Experienced Attorneys: The same procedures for less experienced attorneys in Section I.E above apply to discovery-related hearings. III. SETTLEMENT CONFERENCES A. In-Person or Remote Zoom Appearances: Settlement conferences are held either in-person or by Zoom based on the preference of the parties. If a settlement conference is held by Zoom, all parties will appear remotely by video using the Zoom platform; there are no hybrid settlement conferences. During the remote appearance, the individual’s video and audio must be turned on and functioning. Virtual backgrounds, avatars, digital twins, or the use of any tool or artificial intelligence (AI) to alter an individual’s appearance or voice are prohibited. B. Scheduling: If parties are interested in a settlement conference, please contact Judge Kim’s Courtroom Deputy, Alexandra Waldrop, at (916) 930-4187 or [email protected]. Parties should communicate the specific time frame when they would like the settlement conference held and whether the parties are requesting an in-person or Zoom settlement conference. C. Participation: At the settlement conference, in non-prisoner cases, the attendance of the named parties is required unless (1) a waiver of appearance is requested by the party at least seven (7) days before the settlement conference that also identifies an individual who will attend and is fully authorized to settle the matter, and this waiver of appearance is granted by the Court; or (2) the party is an 4 Effective 11/5/2025 entity or organization, and an individual who is fully authorized to settle the matter for the entity or organization will attend. For insured parties, a representative of the insurer who is fully authorized to settle the matter must either be present or be available by phone during the entire settlement conference. D. Pre-Settlement Conference Call in Non-Prisoner Cases: When possible in non-prisoner cases, Judge Kim will separately call counsel for each party before the settlement conference. E. Settlement Conferences Statements: Parties must submit to chambers a written settlement conference statement seven (7) days prior to the date of the settlement conference by 5:00 p.m. PT. Parties shall email their settlement conference statements to [email protected], and should not file the statement on the docket. Parties should file a Notice of Submission of Settlement Conference Statement on the docket pursuant to Local Rule 270(d). Parties are encouraged to share their settlement conference statement with the opposing party, but are also invited to submit a confidential statement to Judge Kim. The settlement conference statement shall include the following: a brief summary of the facts, legal claims, relief sought, and defenses; a summary of court proceedings to date and upcoming court proceedings, including summary judgment deadlines and whether there is a scheduled trial date; discovery status; an estimate of the cost and time needed to complete fact and expert discovery, pretrial preparation, and trial; any settlement discussions (informal or formal) that have already occurred; any related cases or other cases involving the same or similar parties; any impediments to settlement, including any restitution owed; any other information the party thinks would help facilitate settlement; and a phone number at which counsel can be reached. Multi-page exhibits must be internally paginated, with the pagination for each exhibit beginning at one (1) (for example, Exh. A-1, Exh. A-2, etc.). F. Video, Audio, or Other Voluminous Exhibits: If a party intends to submit video, audio, or other electronic exhibits that may be too large to submit by email, please contact Judge Kim’s Courtroom Deputy before the deadline for the settlement conference statement for instructions on submission to ensure Judge Kim is able to review the materials. See also Local Rule 138(l). Acceptable video and audio formats are provided on the website for the United States District Court for the Eastern District of California (https://www.caed.uscourts.gov). On the district court’s website, select “Attorney Info,” then select “Electronic Evidence Submission / Presentation,” and go to the “Acceptable Audio and Video Formats” section. G. Photograph or Other Visual Image Exhibits: Pursuant to Local Rule 138(l), all photographs and other visual images must be submitted electronically in JPG, PNG, or TIFF format. 5 Effective 11/5/2025 IV. SOCIAL SECURITY CASES Motions for Summary Judgment: Local Rules 230 and 260 do not apply to motions for summary judgment in Social Security cases. The deadlines for filing the administrative record and summary judgment briefs are set forth in the Scheduling Order for Social Security Cases. In addition, Plaintiff’s motion for summary judgment is limited to 25 pages; the Commissioner’s opposition and cross-motion for summary judgment is limited to 30 pages; and Plaintiff’s optional reply brief is limited to 15 pages. All briefs must use a minimum of 12 point font, double-spaced. V. PRISONER CASES Motions: Local Rule 230(l) applies to all motions in prisoner cases except motions to dismiss for lack of prosecution. In addition, all motions and oppositions in prisoner cases are limited to 20 pages, and replies are limited to 10 pages. Only in rare instances and for good cause shown will requests to expand these page limits. Any such requests must be filed in writing at least seven (7) days before the filing. The pages of motions filed that exceed the page limits without prior leave of court will not be considered. Typed briefs must be submitted using a minimum of 12 point font for all text, including footnotes, and must be double-spaced. Multi-page exhibits must be internally paginated, with the pagination for each exhibit beginning at one (1) (for example, Exh. A-1, Exh. A-2, etc.). VI. CIVIL TRIAL PROCEDURES Judge Kim’s civil trial procedures are provided in a separate document on Judge Kim’s webpage on the website for the United States District Court for the Eastern District of California. On the district court’s website, select “Judges,” then select Judge Kim from the list of judges. VII. OTHER A. Proposed Orders: As required by the Local Rules, in addition to filing proposed orders in CM/ECF, counsel shall also submit the proposed order accompanying any application, request, stipulation, or motion in Microsoft Word format by email to [email protected]. The email subject line must contain the words "proposed order" and the case number. B. Deposition Transcripts: If a party makes reference to or cites a deposition in a filing or a settlement conference statement, the party must simultaneously attach as an exhibit only the excerpts of the relevant portion of the deposition transcript referenced or cited. Entire deposition transcripts should not be filed through CM/ECF. Under Local Rule 133(j), parties are required to submit a courtesy copy of the entire deposition transcript either as a hard copy to the Clerk of Court or as an electronic copy by email to chambers. Counsel is instructed to comply with 6 Effective 11/5/2025 this requirement by submitting the deposition transcript as an electronic copy only by email to [email protected]. The email subject line must contain the case number, the words “deposition transcript,” and the last name of the deponent. C. Email Communications: Parties, including parties proceeding without an attorney, should refrain from emailing Judge Kim or her staff except as provided for in these standing orders (for example, to submit proposed orders or settlement conference statements, request a settlement conference or an informal discovery conference, etc.), Judge Kim’s orders (for example, to submit certain trial documents in Word format), or the Local Rules (for example, Local Rule 141 sealing documents). Judge Kim and her staff will not otherwise respond to email communications. D. Courtroom Audio / Visual Equipment: Information regarding the audio, visual, and electronic equipment available in the courtroom is provided on the website for the United States District Court for the Eastern District of California. On the district court’s website, select “Attorney Info,” then select “Electronic Evidence Submission / Presentation.” E. Transcript Orders: To order a transcript from a hearing held before Judge Kim, follow the instructions for ordering transcripts on the website for the United States District Court for the Eastern District of California. On the district court’s website, select “Attorney Info,” then select “Court Reporters / Transcripts.” F. Accommodations for Communication Disabilities: Information for persons with communication disabilities is provided on the website for the United States District Court for the Eastern District of California. On the district court’s website, select “Attorney Info,” then select “Accommodations for Communication Disabilities.” / / / 7

=== Civil Trial Procedures ===

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 501 I Street Sacramento, California 95814 Chi Soo Kim United States Magistrate Judge CIVIL TRIAL PROCEDURES This document describes some of the general procedures that are typically used in civil trials before Judge Kim. The Court retains the authority to change these procedures at any time to conform to the needs of a particular case. A. Jury Trials: Jury Selection Procedures • The jury will consist of 9 jurors with no alternate jurors. Any request to deviate from this practice must be made in writing. • The box will be filled with 15 potential jurors. • At the Court’s discretion, each side will typically be given 20 minutes to conduct additional voir dire after the Court performs its voir dire. • Following voir dire by the parties, the Court will hear challenges for cause at sidebar or outside the presence of the jury. • If fewer than 15 potential jurors remain in the box after challenges for cause are finished, the Court will refill the box until it contains 15 potential jurors. The Court will then inquire about the new potential jurors’ responses to questions asked by the Court during its voir dire. Attorneys for all parties will then be permitted to briefly conduct additional voir dire only as to any new jurors. • Each side will be given 3 peremptory challenges, which will be made in writing on a peremptory challenges sheet. Peremptory challenges may be used as to any of the 15 potential jurors in the box. If there are two consecutive passes (e.g., pass by Plaintiffs and pass by Defendants), the jury will be empaneled. / / / 1 Effective 10/14/2025 B. Jury Trials: Jury Instructions • Proposed jury instructions must be filed jointly in a single document and arranged in the order the parties propose the Court give the instructions. The document shall include a table of contents with page numbers at the beginning of the document. Where a party objects to an instruction, that instruction should be included in the proposed jury instructions with the opposing party’s objection noted. Along with the contested proposed instruction, the opposing party may provide a brief statement of the legal basis for its objection with citation to legal authority and propose an alternate jury instruction, as appropriate. At the time of filing, the parties shall also e-mail a copy of the proposed jury instructions as a Word document to [email protected]. • The parties should use the most current version of the Ninth Circuit Model Civil Jury Instructions, which are available on the Ninth Circuit website, where possible. If a model instruction is used, the parties shall clearly reference the number of the model instruction. Any modifications to a model instruction must be plainly identified to the Court. Any language a party proposes to be removed from a model instruction must be designated with a strikethrough and language proposed to be added to a model instruction must be underlined. The parties shall provide citation to legal authority in support of proposed changes. All blanks in model instructions shall be completed and all brackets removed. • The Court will give the following Ninth Circuit Model Civil Jury Instructions as preliminary instructions to the jury: 1.2 & 1.3 – Duty of Jury (modified, no written copies) 1.5 – Claims and Defenses 1.6 or 1.7 – Burden of Proof 1.9 – What is Evidence 1.10 – What is Not Evidence 1.12 – Direct and Circumstantial Evidence 1.13 – Ruling on Objections 1.14 – Credibility of Witnesses 1.15 – Conduct of the Jury 2 Judge Kim’s Civil Trial Procedures Effective 10/14/2025 1.16 – Publicity During Trial 1.17 – No Transcript Available to Jury 1.18 – Taking Notes 1.19 – Questions to Witnesses by Jurors During Trial (Option 1) 1.20 – Bench Conferences and Recesses 1.21 – Outline of Trial The above listed preliminary jury instructions should not be included in the parties’ proposed jury instructions except where the parties are requesting a modification to an instruction. • The Court may also give additional preliminary instructions as appropriate. If there are other specific preliminary instructions that the parties request be given beyond the above listed, such instructions must be included with the parties’ proposed jury instructions. • The Court will give the following Ninth Circuit Model Civil Jury Instructions with the Court’s final instructions to the jury: 1.4 – Duty of Jury 1.5 – Claims and Defenses 1.6 or 1.7 – Burden of Proof 1.9 – What is Evidence 1.10 – What is Not Evidence 1.12 – Direct and Circumstantial Evidence 1.14 – Credibility of Witnesses 2.4 – Deposition in Lieu of Live Testimony (if applicable) 2.13 – Expert Opinion (if applicable) 5.1 – Damages—Proof 5.3 – Damages—Mitigation 3.1 – Duty to Deliberate 3.2 – Consideration of Evidence—Conduct of the Jury Judge Kim’s Civil Trial Procedures Effective 10/14/2025 3 1.17 – No Transcript Available to Jury 2.16 – Evidence in Electronic Format (if applicable, e.g., for videos) 3.3 – Communication with Court 3.5 – Return of Verdict The above listed final jury instructions should be included in the parties’ proposed jury instructions submitted to the Court. • Final jury instructions will be given after closing argument. • Upon beginning their deliberations, the jurors will be provided with a written copy of the final jury instructions. C. Exhibits • The exhibits lists submitted by the parties must use the following table format. Ex. No. DESCRIPTION OF EXHIBIT DATE OFFERED DATE ADMITTED Note: sufficient detail required to enable other parties to identify the individual exhibit, including bates numbers. Note: each exhibit must be an individual document; categories are prohibited. • The Final Pretrial Order will provide further instructions on exhibits, including instructions regarding courtesy copies of exhibits to be provided to the Court before trial. • Pursuant to Federal Rule of Evidence 107, illustrative aids a party may seek to use during trial must be marked with an exhibit label and provided to the Court. Illustrative aids that the Court allows a party to use during trial will be entered into the record. • Artificial Intelligence (AI) Generated Exhibits and Illustrative Aids: Parties must provide written pre-trial notice of AI generated exhibits and illustrative aids, and such exhibits must also be identified on the exhibit lists submitted by the parties as AI Generated. Judge Kim’s Civil Trial Procedures Effective 10/14/2025 4 D. Miscellaneous • Trial is generally held from 9:30 a.m. – 4:30 p.m. every day. • Parties should review the Final Pretrial Order issued in their case for further information and instructions. • Two sets of courtesy copies of the Joint Pretrial Statement, witness lists, exhibit lists, proposed voir dire questions, proposed jury instructions, proposed verdict forms, motions in limine, and trial briefs must be delivered in two separate binders to the Clerk’s office by noon the day after the filing deadline for such documents. For bench trials, courtesy copies must include the proposed findings of fact and conclusions of law. Parties do not need to provide courtesy copies of the motion in limine oppositions. These courtesy copies must be double-sided, three-hole punched at the left margin, and marked with the ECF stamp (case number, document number, date, and page number) on the top of each page. These binders shall include labeled side tabs, and be clearly marked “Chambers Copy – Do Not File” with Judge Kim’s name, the case number, and the case name. Parties should coordinate this submission so that only two sets total are submitted. • For jury trials, during jury deliberations, trial counsel and pro se parties must be within 30 minutes of the courthouse to ensure that they can promptly return to the courthouse. / / / Judge Kim’s Civil Trial Procedures Effective 10/14/2025 5