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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 Case No.
12 CIVIL TRIAL ORDER
13 Plaintiff(s),
14 v.
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16 Defendant(s).
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PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THIS
20 CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL
21 RULES.
22 I. DEADLINES
23 A. PARTIES/PLEADINGS
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The Court has established a cut-off date for adding parties or amending
25
pleadings. All motions to add parties or to amend the pleadings must be
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noticed to be heard on or before the cut-off date. All unserved parties will be
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dismissed at the time of the Final Pretrial Conference pursuant to Local Rule
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1 16-8.1.
2
B. DISCOVERY AND DISCOVERY CUT-OFF
3
1. Discovery Cut-off
4
5 The Court has established a cut-off date for fact discovery and if
6 applicable, a cut-off date for expert discovery. These are not the dates by which
7 discovery requests must be served; they are the dates by which all discovery,
8 including all hearings on any related motions, must be completed.
9
2. Discovery Disputes
10 Counsel are expected to comply with all Local Rules and the Federal
11 Rules of Civil Procedure concerning discovery, as well as this Court’s
12 procedures, found at http://www.cacd.uscourts.gov/honorable-patricia-donahue.
13 Whenever possible, the Court expects counsel to resolve discovery problems
14 among themselves in a courteous, reasonable, and professional manner. The
15 Court expects that counsel will adhere strictly to the Civility and
16 Professionalism Guidelines, which can be found on the Court’s website at:
17 https://www.cacd.uscourts.gov/attorneys/admissions.
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3. Discovery Motions
19 Any motion challenging the adequacy of discovery responses must be
20 filed, served, and calendared sufficiently in advance of the discovery cut-off
21 date to permit the responses to be obtained before that date if the motion is
22 granted. Pursuant to this Court’s procedures, no discovery motion may be
23 filed until the Court has conducted an informal discovery conference unless
24 the movant has obtained leave of Court sought by an ex parte application.
25 The parties must review those procedures at:
26 https://www.cacd.uscourts.gov/honorable-patricia-donahue.
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1 4. Depositions
2 All depositions must commence sufficiently in advance of the discovery
3 cut-off date to permit their completion and to permit the deposing party
4 enough time to bring any discovery motions concerning the deposition before
5 the cut-off date.
6 5. Written Discovery
7 All interrogatories, requests for production of documents, and requests
8 for admissions must be served sufficiently in advance of the discovery cut-off
9 date to permit the discovering party enough time to challenge (via motion
10 practice) responses deemed to be deficient.
11 6. Expert Discovery
12 All disclosures must be made in writing. The parties should begin
13 expert discovery shortly after the initial designation of experts. The Final
14 Pretrial Conference and trial dates will not be continued merely because
15 expert discovery is not completed. Failure to comply with these or any other
16 orders concerning expert discovery may result in the expert being excluded as
17 a witness.
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C. MOTIONS
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The Court has established a cut-off date for the hearing of motions. All
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motions, including summary judgment and Daubert motions, must be noticed
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so that the hearing takes place on or before the motion cut-off date. This does
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not apply to in limine motions.
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24 D. FINAL PRETRIAL CONFERENCE
25
A Final Pretrial Conference date has been set pursuant to Rule 16 of the
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Federal Rules of Civil Procedure and Local Rule 16-8. Each party appearing
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in this action must be represented at the Final Pretrial Conference by the
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1 attorney who is to have charge of the conduct of the trial on behalf of such
2 party, unless excused for good cause. If a party has co-lead trial counsel, both
3 must attend the Final Pretrial Conference. Counsel should be prepared to
4 discuss streamlining the trial, including presentation of testimony by
5 deposition excerpts or summaries, time limits, and stipulations to admission
6 of exhibits and undisputed facts. Strict compliance with Local Rule 16 is
7 required. This order sets forth some different and some additional
8 requirements. This Court does not exempt pro per parties from the
9 requirements of Rule 16. Failure to comply with these requirements may
10 result in the Final Pretrial Conference being taken off calendar or continued,
11 or in other sanctions. Other documents to be filed in preparation for, and
12 issues to be addressed at, the Final Pretrial Conference are discussed below.
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E. ALTERNATIVE DISPUTE RESOLUTION (ADR)
14 PROCEDURES/NOTICE OF SETTLEMENT
15
Counsel must complete an ADR proceeding no later than the date
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set by the Court. No case will proceed to trial unless all parties, including an
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officer of all corporate parties (with full authority to settle the case), have
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appeared personally at an ADR proceeding. If settlement is reached, it must
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be reported immediately to the courtroom deputy clerk (CRD) as required by
20 Local Rule 16-15.7 regardless of the day or time settlement is reached. In
21 addition, counsel must immediately send a notification of the settlement to
22 the Chambers email box.
23 In all cases set for jury trial, the parties must notify the Court of any
24 settlement no later than the Wednesday preceding the week that trial is set to
25 start so that the necessary arrangements can be made to schedule a different
26 case for trial or notify the members of the public who would otherwise be
27 reporting for jury duty that their services are not needed on that date.
28 Failure to comply with this notification requirement will cause counsel/parties
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1 to be charged for the costs related to processing potential jurors.
2
II. TRIAL PREPARATION AND DEADLINES
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A. MOTIONS IN LIMINE
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5 All motions in limine must be filed by the date established by the Court.
6 Each side is limited to four motions in limine unless the Court orders
7 otherwise for good cause shown. Counsel are to meet and confer as required
8 by Local Rule 7-3 to determine whether opposing counsel intends to introduce
the disputed evidence, and to attempt to reach an agreement that would
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obviate the motion. An opposition must be filed by the date established by the
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Court. The Court generally will rule on motions in limine at the Final
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Pretrial Conference. Motions in limine should address specific issues (i.e., not
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“to exclude all hearsay”). Motions in limine should not be disguised motions
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for summary adjudication of issues.
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Motions in limine and oppositions thereto may be no more than 2,800
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words. Reply briefs, if any, may be no more than 2,100 words. Each side is
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limited to four motions in limine and each motion shall not be compound, i.e.,
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each motion shall address only one item of evidence or witness or, if common
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grounds for exclusion or admission apply to multiple items of evidence or
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witnesses, only one category of evidence or witness. A party seeking to file
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more than four motions in limine must request leave of the Court to do so.
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22 B. PROPOSED PRETRIAL CONFERENCE ORDER
23 A (Proposed) Pretrial Conference Order must be filed no later than
24 five (5) court days before the Final Pretrial Conference and must comply with
25 the format and content required in the Local Rules.
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1 C. TRIAL-RELATED DOCUMENTS
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1. Statement of the case (jury trials only)
3 Counsel will prepare a joint statement of the case which may be read by
4 the Court to the prospective panel of jurors prior to the commencement of
5 voir dire. The statement shall not exceed one page. The statement must be
6 filed with the Court no later than five (5) court days before the Final Pretrial
7 Conference date.
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2. Witness List
9 Using the format provided below, the parties shall file a joint witness
10 list no later than five (5) court days prior to the Final Pretrial Conference.
11 Counsel are to submit the full names of the witnesses in the order that they
12 are expected to testify, and provide, to the extent possible, an accurate
13 estimate of the time needed for each witness for direct, cross, redirect, and re-
14 cross. Counsel will also provide a description of each witness’ testimony, e.g.,
15 “eyewitness to accident.” If more than one witness is offered on the same
16 subject, the description should be sufficiently detailed to allow the Court to
17 determine if the testimony is cumulative. Any special considerations should
18 be noted in the “comments” section, e.g., “will testify through a Spanish
19 language interpreter.” Further, the parties shall comply with the
20 requirements of Local Rule 16-5. The “Date Testified” column should be left
21 blank; the Courtroom Deputy will fill it in during trial.
22
JOINT WITNESS LIST
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Case Name:
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Case Number:
25 Witness Name; Description
26 No. of Party Calling X-Ex of Comment Date
Witness Witness; Estimate Testimony Testified
27 Estimate
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1 3. Findings of Fact and Conclusions of Law (Court
Trials only)
2
Notwithstanding Local Rule 52, for any matter requiring findings of fact
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and conclusions of law, unless otherwise expressly ordered by the Court,
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counsel will be required to file (Proposed) Findings of Fact and Conclusions of
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Law after the conclusion of the trial. The (Proposed) Findings of Fact must
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include citations to admitted evidence. Where witness trial testimony is
7 necessary to establish a given fact, the party must obtain a transcript of the
8 proceedings and file relevant excerpts of those transcripts with the (Proposed)
9 Findings of Fact and Conclusions of Law. In addition to filing, counsel must
10 email Microsoft Word versions of their (Proposed) Findings of Fact and
11 Conclusions of Law to the chambers email address:
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[email protected].
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4. Jury Instructions and Verdict Forms
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a. At least 14 days before the meeting of counsel required by Local
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Rule 16-2 (which must occur at least 40 days before the date set for the Final
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Pretrial Conference), counsel for plaintiff(s) must serve on defense counsel
17 proposed jury instructions and proposed verdict/special verdict forms. Within
18 seven (7) days, defense counsel must serve objections, if any, to those
19 instructions and verdict forms, as well as any proposed alternative or
20 additional instructions and verdict forms. Before or at the Rule 16-2 meeting,
21 counsel must attempt to come to agreement on the proposed jury instructions
22 and verdict forms.
23 b. When the Manual of Model Jury Instructions for the Ninth
24 Circuit provides an applicable jury instruction, the parties should submit the
25 most recent version, modified and supplemented to fit the circumstances of
26 this case. Where language appears in brackets, the appropriate language
27 should be selected. All blanks should be completed. Where California law
28 applies, counsel should use the current edition of California Jury
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1 Instructions–Civil (BAJI or CACI). If neither is applicable, counsel should
2 consult the instructions manuals from other circuits or states, as applicable.
3 When submitting other than Ninth Circuit or California instructions, counsel
4 should be sure that the law on which the instruction is based is the same as
5 Ninth Circuit law (or California or other state law, if applicable) on the
6 subject. Counsel may submit alternatives to the Ninth Circuit model jury
7 instructions, or BAJI or CACI, only if counsel has a reasoned argument that
8 those instructions do not properly state the law or they are incomplete.
9 c. The Court has its own introductory instructions (instructions read
10 before opening statements). Counsel should provide only instructions to be
11 read after the evidence has been submitted or that may be appropriate during
12 trial.
13 d. Each requested instruction must (1) cite the authority or source of
14 the instruction; (2) be set forth in full; (3) be on a separate page; (4) be
15 numbered; (5) cover only one subject or principle of law; and (6) not repeat
16 principles of law contained in any other requested instruction. The
17 instructions should be submitted in the order in which the parties wish to
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have the instructions read.
e. Unless otherwise ordered by the Court, all proposed jury
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instructions and verdict forms are to be filed no later than five (5) days prior
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to the Final Pretrial Conference date. If one party fails to comply with the
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provisions of this section, the other party must file a unilateral set of jury
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instructions, unless that party wishes to waive jury trial. The Court expects
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counsel to agree on the substantial majority of jury instructions, particularly
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when pattern or model instructions provide a statement of applicable law. In
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the event that agreement cannot be reached, counsel will file proposed
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instructions in the following format: (1) the agreed-upon instructions; (2) the
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instructions proposed by plaintiff and opposed by defendant; and
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1 (3) the instructions proposed by defendant and opposed by plaintiff.
2 f. In addition, counsel must submit electronic versions (in Microsoft
3 Word format) of all proposed instructions to the chambers email address.
4 g. Each disputed instruction must have attached a short (one or two
5 paragraph) statement, including points and authorities in support of the
6 instruction, as well as a brief statement, including points and authorities, in
7 support of any objections. A proposed alternative instruction must be
8 provided, if applicable. If the Court believes that there are so many disputed
9 instructions that the trial would be unnecessarily interrupted in order for the
10 Court to resolve disputes, the Court will determine that the matter is not yet
11 ready to be tried and will order counsel to continue to meet and confer until
12 most of the disputes are resolved.
13 h. With each set of instructions filed, counsel must provide an index
14 of all instructions submitted per the example below,
15 which must include the following:
16 -The number of the instruction;
17 -The title of the instruction;
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-The source of the instruction and any relevant case citations;
-The page number of the instruction.
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20 Instruction Title Source Page
No.
21 1 Duty of the 9th Cir. 1.4 1
22 Jury
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i. During the trial and before closing argument, the Court will meet
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with counsel and settle the instructions, and counsel will have an opportunity
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to make a further record concerning their objections.
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1 5. Glossary
2 No later than five (5) court days before the Final Pretrial Conference,
3 the parties are to file a case-specific glossary for the Court and reporter that
4 includes applicable medical, scientific, or technical terms, slang, the names
5 and spellings of case names likely to be cited, street/city/country names, all
6 parties/entities involved in the case, names of people interviewed/deposed,
names of family members, friends, or others who might be mentioned, and
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other case-specific terminology.
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9 6. Exhibit List and Conference
10 a) Joint Exhibit List
11 A joint exhibit list shall be prepared in compliance with the example
12 below and Local Rule 16-6.1.
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JOINT EXHIBIT LIST
14 Case Name:
Case Number:
15 Exhibit No. Description Stip. to Stip. to Date Date
Auth. Admiss Identified Admitted
16
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The joint exhibit list will be filed no later than five (5) court days prior
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to the Final Pretrial Conference and shall contain the information required by
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Rule 26(a)(3)(A) of the Federal Rules of Civil Procedure. The parties are to
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meet and confer sufficiently in advance of the required filing deadline to
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prepare the joint exhibit list. As part of the meet and confer process, counsel
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will stipulate so far as is possible as to foundation, waiver of the best evidence
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rule, and to those exhibits which may be received into evidence at the start of
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trial. A copy of the exhibit list with all admitted exhibits will be given to the
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jury during deliberations. Counsel must review and approve the exhibit list
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with the CRD before the list is given to the jury.
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1 b) Exhibit Preparation
2 Exhibits are to be tagged in the lower right corner of each original page
3 and numbered in accordance with Local Rule 16-6. Exhibits consisting of
4 more than one page shall be internally paginated in the lower right corner,
5 displaying both the exhibit number and the page number. Exhibit tags may
6 be obtained from the receptionist in the Public Intake Section, located on the
7 first floor of the Edward R. Roybal Federal Building at 255 East Temple St.,
8 Room 180. Digital exhibit tags are also available on the Court’s website under
9 Court Procedures > Forms > General forms >Form G-14A (plaintiff) and G-
10 14B (defendant).
11 If the parties choose to use paper/physical exhibits (versus digital), all
12 exhibits will be placed in 3-ring, loose-leaf binders, in numerical order, with
13 divider tabs containing exhibit numbers. The face and spine of the notebooks
14 are to be marked with the case name and number, the numbers of the exhibits
15 contained therein, and the volume number. Each binder must contain an
16 index of the exhibits included in the volume. Any exhibits that a party wishes
17 the jury to see in its original form (versus replicated form), should be placed in
18 a Redweld and labeled and numbered as specified herein.
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The parties shall prepare two sets of exhibit binders for the Court, and
another set of binders for the opposing party. All sets must be brought to the
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Exhibit Conference (discussed below) if one is ordered, or otherwise, on the
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morning trial begins.
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If ordered by the Court in a case with a large number of exhibits, or if
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otherwise desired by the parties, the parties must also prepare individual
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witness binders: one for the Court; one for the opposing party; and one for the
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witness. Witness binders are to include only those exhibits that will be used
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when a particular witness testifies. The name of the witness should appear
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on the binder, and exhibits must be in numerical order and tabbed so that the
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1 witness, the Court, and the opposing party may easily access each exhibit as
2 the witness’s testimony proceeds. Witness binders are used for the
3 convenience of the witness, the Court, and the parties. Accordingly, they need
4 not be given to the CRD or the opposing side until each witness is called.
5 If the parties wish to use a paperless presentation method, details must be
6 discussed at the Final Pretrial Conference.
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c) Exhibit Conference:
8
An exhibit conference requiring the attendance of trial counsel will be
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held at 1:30 p.m. on the Monday of the week before the scheduled trial date
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unless the Court orders otherwise. Exhibits are to be submitted to the CRD
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at the time of this conference.
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13 7. Jury Selection:
a) Voir Dire
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No later than five (5) court days before the Final Pretrial Conference,
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each counsel may, but is not required to, file any special questions requested
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to be put to prospective jurors during voir dire. The Court will conduct the
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voir dire. The Court provides a list of basic questions and may provide a list
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of additional case-specific questions to jurors before voir dire. (This is not a
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questionnaire to be completed by jurors; the answers are provided in court.)
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The Court will allow each side no more than 15 minutes to ask follow-up
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questions of those jurors.
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23 b) Selection
24 Generally, the Court will select eight jurors. Each side will have three
25 peremptory challenges. The Court uses the “Arizona blind strike” method.
26 See United States v. Harper, 33 F.3d 1143, 1145 (9th Cir. 1994). Under that
27 method, the Court conducts voir dire of the entire jury panel, then permits
28 limited follow-up by counsel as described above. After potential jurors are
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1 excused for cause, counsel for each side simultaneously submit their
2 peremptory challenges in writing. The Court then eliminates the subjects of
3 the peremptory challenges and selects the eight lowest numbered remaining
4 panel members as the jury.
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III. TRIAL
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On the day of jury selection, Counsel must be prepared to go on the
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record at 8:30 a.m.; trial will begin at 9:00 a.m. Thereafter, trial days are
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generally Monday through Friday, 8:30 a.m. to 2:30 p.m., with three fifteen-
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minute breaks. When necessary, trials may continue beyond the normal
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schedule. If counsel contemplate that this schedule will be problematic due to
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the unavailability of witnesses, counsel should provide details to the Court at
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the Final Pretrial Conference.
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On the day of jury selection, the Court reserves the time from 8:30 a.m.
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to 9:00 a.m. to handle legal and administrative matters. Jury selection will
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begin promptly at 9:00 a.m. or as soon as prospective jurors are available.
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Thereafter, legal and administrative matters must be addressed between 8:00
17 a.m. and 8:30 a.m. All counsel are urged to anticipate matters that may need
18 to be addressed outside of the presence of the jury and to raise them during
19 this period or at the end of the day. The Court discourages sidebars during
20 trial. The Court does not make jurors wait while counsel discuss matters that
21 should have been addressed previously. Counsel are urged to consider any
22 unusual substantive or evidentiary issues that may arise and to advise the
23 Court of such issues as early as possible. Short briefs addressing such
24 disputed issues are welcome.
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1 IV. CONDUCT OF ATTORNEYS AND PARTIES
2 A. OPENING STATEMENTS, EXAMINING WITNESSES,
3 AND SUMMATION
4 Counsel must use the lectern for opening statements, examination of
5 witnesses, and summation arguments. The Court will establish reasonable
6 time estimates for opening and closing arguments, examination of witnesses,
7 etc.
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B. OBJECTIONS TO QUESTIONS
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Counsel must not use objections for the purpose of making a speech,
recapitulating testimony, or attempting to guide the witness. When objecting,
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counsel must rise to state the objection and state only that counsel objects and
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the legal ground of objection. If counsel wishes to argue an objection further,
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counsel must ask for permission to do so.
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15 C. GENERAL DECORUM
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1. Counsel should not approach the CRD or the witness stand
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without specific permission. If permission is given, counsel should return to
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the lectern when the purpose has been accomplished. Counsel should not
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question a witness at the witness stand.
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2. Counsel and parties should rise when addressing the Court and
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when the Court or the jury enters or leaves the courtroom.
22 3. Counsel should address all remarks to the Court. Counsel are not
23 to address the CRD, the court reporter, persons in the audience, or opposing
24 counsel while on the record. If counsel wish to speak with opposing counsel,
25 counsel must ask permission to do so. Any request for the re-reading of
26 questions or answers must be addressed to the Court. Such requests should
27 be limited and are not likely to be granted.
28 4. Counsel should not address or refer to witnesses or parties by first
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1 name alone. Young witnesses (under 14) may, however, be addressed and
2 referred to by first name.
3 5. Counsel must not offer a stipulation unless counsel has conferred
4 with opposing counsel and has verified that the stipulation will be acceptable.
5 6. While Court is in session, counsel must not leave counsel table to
6 confer with any personnel or witnesses unless permission has been granted in
7 advance.
8 7. Counsel should not by facial expression, nodding, or other conduct
9 exhibit any opinion, adverse or favorable, concerning any testimony being
10 given by a witness, statements or arguments by opposing counsel, or rulings
11 by the Court. Counsel should admonish counsel’s own clients and witnesses
12 to avoid such conduct.
13 8. Counsel should not talk to jurors at all and should not talk to co-
14 counsel, opposing counsel, witnesses, or clients where the conversation can be
15 overheard by jurors. Each counsel should admonish counsel’s own clients and
16 witnesses to avoid such conduct. Where a party has more than one lawyer,
17 only one may conduct the direct or cross-examination of a particular witness
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or make objections as to that witness.
19 D. PROMPTNESS OF COUNSEL AND WITNESSES
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1. The Court makes every effort to begin proceedings at the time set.
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Promptness is expected from counsel and witnesses. Once counsel are
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engaged in trial, the trial is counsel’s first priority. The Court will not delay
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the trial or inconvenience jurors except under extraordinary circumstances.
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The Court will advise other courts that counsel are engaged in trial in this
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Court on request.
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2. If a witness was on the stand at a recess or adjournment, counsel
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must have the witness back on the stand, ready to proceed, when the court
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1 session resumes.
2 3. Counsel must notify the CRD in advance if any witness should be
3 accommodated based on a disability or for other reasons.
4 4. No presenting party may be without witnesses. If counsel has no
5 more witnesses to call and there is more than a brief delay, the Court may
6 deem that party to have rested.
7 5. The Court attempts to cooperate with professional witnesses and
8 will, except in extraordinary circumstances, accommodate them by permitting
9 them to be called out of sequence. Counsel must anticipate any such
10 possibility and discuss it with opposing counsel. If there is an objection,
11 counsel must confer with the Court in advance.
12
E. EXHIBITS
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1. Each counsel should keep counsel’s own list of exhibits and should
14
note when each has been admitted into evidence.
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2. Each counsel is responsible for any exhibits that counsel secures
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from the CRD and must return them before leaving the courtroom at the end
17
of the session.
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3. An exhibit not previously marked should, at the time of its first
19
mention, be accompanied by a request that the CRD mark it for identification.
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To save time, counsel must show a new exhibit to opposing counsel before it is
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mentioned in court.
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4. Counsel are to advise the CRD of any agreements they have with
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respect to the proposed exhibits and as to those exhibits that may be received
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so that no further motion to admit need be made.
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26 F. DEPOSITIONS
27 1. All depositions to be used at trial, either as evidence or potentially
28 for impeachment, must be provided to the CRD on the first day of trial or such
16
1 earlier date as the Court may order. Counsel should verify with the CRD that
2 the relevant deposition is in the CRD’s possession.
3 2. In using depositions of an adverse party for impeachment, either
4 one of the following procedures may be used:
5 a. If counsel wishes to read the questions and answers as alleged
6 impeachment and ask the witness no further questions on that subject,
7 counsel must first state the page and line where the reading begins and the
8 page and line where the reading ends, and allow time for any objection.
9 Counsel may then read the portions of the deposition into the record.
10 b. If counsel wishes to ask the witness further questions on the
11 subject matter, the deposition is placed in front of the witness and the witness
12 is told to read silently the pages and lines involved. Counsel may either ask
13 the witness further questions on the matter and then read the quotations, or
14 read the quotations and then ask further questions. Counsel should have an
15 extra copy of the deposition for this purpose.
16 3. Where a witness is absent and the witness’s testimony is offered
17 by deposition, counsel may (a) have a reader occupy the witness chair and
18
read the testimony of the witness while the examining lawyer asks the
questions, or (b) have counsel read both the questions and answers.
19
20 G. USING NUMEROUS ANSWERS TO
21 INTERROGATORIES AND REQUESTS FOR
ADMISSIONS
22
23 Whenever counsel expects to offer a group of answers to interrogatories
24 or requests for admissions extracted from one or more lengthy documents,
25 counsel should prepare a new document listing each question and answer, and
26 identifying the document from which it has been extracted. Copies of this
27 new document should be given to the Court and opposing counsel.
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1 “COUNSEL,” AS USED IN THIS ORDER, INCLUDES PARTIES
2 APPEARING IN PROPRIA PERSONA.
3
4 IT IS SO ORDERED.
5
6 Dated: _______________ PATRICIA DONAHUE
United States Magistrate Judge
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Revised: December 11, 2024
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