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7 UNITED STATES DISTRICT COURT
8 CENTRAL DISTRICT OF CALIFORNIA
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11 NAME, Case No.
12 Plaintiff, CIVIL TRIAL ORDER
13 v.
14 NAME,
15 Defendant.
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20 READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND
21 DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES.
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23 NOTE THAT THIS ORDER SETS DEADLINES FOR TRIAL FILINGS.
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25 NOTICE OF THIS ORDER: Plaintiff’s counsel or plaintiff (if appearing on his or her
26 own behalf) shall immediately serve this Order on all parties, including any new parties to
27 the action. If this case was removed from state court, the removing defendant(s) shall serve
28 this Order on all other parties.
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1 I. THE COURT’S EXPECTATIONS
2 A. Follow the Rules. Both the Court and all counsel bear responsibility for the
3 progress of litigation in this Court. “Counsel,” as used in this Order, includes parties who
4 are represented by counsel and parties who have elected to appear without counsel and are
5 representing themselves in this litigation (hereinafter referred to as “Pro Se Litigants”).
6 Only individuals may represent themselves. Counsel must represent a corporation or other
7 entity. If counsel seeks to withdraw, counsel must advise the entity of the dire
8 consequences of failing to obtain substitute counsel before seeking withdrawal – i.e., a
9 plaintiff entity’s case will be dismissed, or a defendant entity will default. See Local Rule
10 (“L.R.”) 83-2.3.4. To secure the just, speedy, and inexpensive determination of every
11 action, all counsel, including Pro Se Litigants, shall comply with this Order, the Federal
12 Rules of Civil Procedure (the “Rules”), and the Central District of California Local Rules.
13 See L.R. 1-3, 83-2.2.3. For additional requirements in civil cases, counsel shall review and
14 comply with the procedures set forth on the Court’s web page
15 (https://www.cacd.uscourts.gov/honorable-mónica-ramírez-almadani), which is
16 incorporated in this Order.
17 B. Presence of Lead Trial Counsel. Lead trial counsel shall attend all Court-
18 ordered proceedings, including scheduling, settlement, and pretrial conferences and trials.
19 Lead trial counsel must be prepared to address and resolve all matters within the scope of
20 the proceeding. Only one attorney for a party may be designated as lead trial counsel unless
21 otherwise permitted by the Court. If the Court permits a second lead trial counsel, both
22 counsel must attend the pretrial conference. Believing that lawyers with less experience
23 who are typically five or fewer years out of law school need more opportunities for
24 appearances than they usually receive, the Court encourages lead trial counsel to permit
25 junior counsel to fully participate in Court proceedings, including arguing motions and
26 examining witnesses.
27 C. Counsel Calendar Conflicts. If any counsel discovers an unintended
28 calendar conflict with a scheduled appearance, counsel must inform opposing counsel and
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1 the Court’s Courtroom Deputy (“CRD”) via the Court’s Chambers email
2 (
[email protected]) as soon as possible and not later than three
3 (3) days before the scheduled appearance. Counsel should attempt to agree on a new date
4 to accommodate the calendar conflict and must propose a new date by Stipulation and
5 Proposed Order. A “Notice of Unavailability” has no legal effect and should not be filed.
6 The Court expects that counsel will conduct themselves professionally and will not
7 deliberately schedule any proceeding when counsel are unavailable.
8 D. Communications with Chambers. Neither counsel nor a party shall initiate
9 contact with the Court or its Chambers staff by telephone, or by any other improper ex
10 parte means. Counsel may contact the CRD with appropriate inquiries. Contacting the
11 CRD to inquire about the status of a ruling or continue a proceeding is not appropriate.
12 The preferred method of communication with the CRD is by email at
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[email protected]. Counsel must copy all parties on any such email.
14 To facilitate communication with the CRD, counsel should list their email addresses along
15 with their telephone numbers on all papers.
16 E. Civility. All counsel who appear in this action must immediately review and
17 comply with the Civility and Professionalism Guidelines, which can be found on the
18 Court’s website at http://www.cacd.uscourts.gov/attorneys/admissions/civility-and-
19 professionalism-guidelines. The Court expects everyone in the courtroom to treat each
20 other with dignity and respect. Counsel must be punctual and prepared for all court
21 appearances; civil and respectful in all oral and written communications with the Court and
22 other parties; civil and respectful to court personnel, including the CRD, court reporters,
23 law clerks, and marshals; and considerate of the time constraints and pressures on the Court
24 and court staff inherent in their efforts to administer justice. In addition, counsel must
25 refrain from interrupting any person in the courtroom when that person is speaking and
26 from making gestures, facial expressions, or audible comments indicating approval or
27 disapproval of testimony or argument. Respect is paramount. All counsel must comply
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1 with Section IV.E-F of this Order, which addresses additional rules and guidance regarding
2 decorum and punctuality while in trial.
3 II. SCHEDULE OF PRETRIAL AND TRIAL DATES
4 A. Schedule and Deadlines.
5 The pretrial schedule governing this case is set forth in the far-right column labeled
6 “Court Order” located on the parties’ Schedule of Pretrial Dates Worksheet, which
7 accompanies this Order, or in an order (1) by another judge prior to reassignment of this
8 case to Judge Ramírez Almadani or (2) by this Court establishing a pretrial schedule or
9 modifying a prior pretrial schedule after reassignment. If the parties disagree as to the
10 applicable pretrial schedule, they must contact the CRD immediately for direction. It is
11 counsel’s responsibility to be diligent and meet all Court deadlines.
12 The Court has a strong interest in keeping scheduled dates certain.
13 Accordingly, pretrial and trial dates set by the Court are firm. Any request for
14 continuance of pretrial and/or trial dates shall be by motion, stipulation, or application, and
15 shall be supported by a declaration setting forth the reasons for the requested relief. The
16 title of the request shall be serially numbered to differentiate it from previous requests (e.g.,
17 Second Stipulation to Continue Pretrial and Trial Dates). The declaration must contain a
18 detailed factual showing of good cause and due diligence demonstrating the necessity for
19 the continuance and a description of the parties’ efforts taken to advance the litigation.
20 This showing should demonstrate that the work still to be performed reasonably could not
21 have been accomplished within the applicable deadlines. General statements are
22 insufficient to establish good cause. The fact that the case was recently reassigned to Judge
23 Ramírez Almadani is also insufficient. The declaration should include whether any
24 previous requests for continuances have been made and whether the Court granted or
25 denied these requests. Stipulations extending dates set by the Court are not effective unless
26 the Court approves them, and without compelling factual support and a showing of due
27 diligence, the Court will deny stipulations continuing dates set by the Court.
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1 B. Motions to Amend Pleadings/Add Parties. Counsel shall strictly comply
2 with the requirements of Rule 15 and L.R. 15. Where leave from the Court is required to
3 amend pleadings, the pretrial schedule sets the deadline to hear such motions to amend. As
4 with other pretrial dates and deadlines, this is a firm date; the parties must be diligent and
5 efficient in litigating their case, including by correcting facts, adding/removing claims,
6 asserting affirmative defenses, or responding to inadequacies in their original pleadings,
7 which ensures fairness, accuracy, and completeness in the proceedings.
8 In addition to meeting the requirements of L.R. 15-1, counsel shall attach as an
9 appendix to the moving papers a “redlined” version of the proposed amended pleading
10 indicating all additions and deletions of material. All motions to amend pleadings shall:
11 (1) state the effect of the amendment and (2) identify the page and line number(s) and
12 wording of any proposed change or addition of material. The proposed amended pleading
13 shall be serially numbered to differentiate it from previously amended pleadings (e.g.,
14 “Second Amended Complaint” or “Third Amended Answer and Counterclaims”). If leave
15 to amend is granted, the filing party must comply with L.R. 15-1 through L.R. 15-3 in filing
16 the amended pleading.
17 C. Discovery Cut-Off and Discovery Motions.
18 1. Fact and Expert Discovery Cut-Offs: The cut-off date for discovery
19 is not the date by which discovery requests must be served; it is the date by which all
20 discovery, including all hearings on any related motions, must be completed. Thus, written
21 discovery must be served, and depositions must begin sufficiently in advance of the
22 discovery cut-off date to permit the propounding party enough time, if the party chooses,
23 to challenge via motion practice any responses the party asserts are deficient.
24 2. Expert Disclosures: All expert disclosures must be made in writing.
25 The parties should begin expert discovery shortly after the initial designation of experts.
26 The Final Pretrial Conference (“FPTC”) and trial dates will not be continued merely
27 because expert discovery has not been completed. Failure to comply with these or any
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1 other orders concerning expert discovery may result in the expert being excluded as a
2 witness.
3 3. Discovery Motions: Discovery motions are handled by the magistrate
4 judge assigned to the case. Any motion challenging the adequacy of discovery responses
5 must be filed, served, and calendared before the assigned magistrate judge sufficiently in
6 advance of the discovery cut-off date to permit the responses to be obtained before that
7 date if the motion is granted. The parties are expected to meet and confer to attempt to
8 resolve discovery disputes before filing a discovery motion and must use their best effort
9 to resolve all discovery disputes in a courteous, reasonable, and professional manner. All
10 discovery-related documents, including motions, must include the words “DISCOVERY
11 MATTER” in the caption to ensure proper routing. Counsel are directed to review the
12 magistrate judge’s procedures and schedules on the District’s website to schedule
13 discovery matters for hearing.
14 D. Non-Discovery and Daubert Motions Deadline.
15 1. Meet and Confer Requirement. The parties are required under L.R.
16 7-3 to meet and confer to attempt to resolve disputes at least seven (7) days prior to filing
17 a motion. The Court may deny motions where the moving party has not complied with this
18 requirement. The parties shall consult the Court’s webpage for additional motions
19 requirements.
20 2. Ex Parte Applications. Counsel are reminded that ex parte
21 applications are solely for extraordinary relief and generally disfavored. See Arrendondo
22 v. Univ. of La Verne, 618 F. Supp. 3d 937, 943 (C.D. Cal. 2022) (citing Mission Power
23 Eng’g Co. v. Cont’l Cas. Co., 883 F. Supp. 488, 490 (C.D. Cal. 1995)). A party seeking
24 such relief must strictly comply with the ex parte procedures under Local Rule 7-19. Any
25 opposition to an ex parte application must be filed within 24 hours. A reply may not be
26 filed absent leave of the Court. All ex parte applications shall be decided on the papers
27 without a hearing unless the Court orders otherwise.
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1 3. Cut-Off Date is the Last Day for Hearing the Motion. Judge
2 Ramírez Almadani hears non-discovery motions in civil cases generally through in-person
3 appearances on Tuesdays at 10:00 a.m. All non-discovery motions must be noticed to be
4 heard on or before their respective cut-off dates listed in the pretrial schedule. If a hearing
5 date within the cut-off period is unavailable, the parties shall contact the CRD to arrange
6 another date. All non-discovery motions must be filed at least 28 days before the deadline
7 in accordance with the requirements of L.R. 6-1.
8 4. Rule 56 Motions. This Court requires that motions for summary
9 judgment under Rule 56 be noticed, served, and filed not later than forty-two (42) days
10 before the hearing date. Oppositions must be filed and served not later than twenty-eight
11 (28) days before the hearing date. Replies must be filed and served not later than twenty-
12 one (21) days before the hearing date. This is so the opposing party has at least fourteen
13 (14) days to oppose, and the Court has twenty-one (21) days between the reply deadline
14 and the hearing date. The parties must comply with the Local Rules governing summary
15 judgment practice. See L.R. 56. In addition, the moving party must email a copy of the
16 Response to Statements of Genuine Disputes of Material Fact to
17
[email protected] in Microsoft Word format.
18 5. Daubert Motions. Unlike motions in limine, Daubert motions must be
19 noticed to be heard generally at least eight (8) weeks before the FPTC. The pretrial
20 schedule includes a deadline for such hearings.
21 6. Mandatory Chamber’s Copies. With the exception of trial filings
22 (see Section III of this Order) and unless otherwise directed, the Court does not accept
23 chambers copies of any motion papers or exhibits. If the Court requests a copy of any
24 filing, parties must deliver the mandatory copy by the Court-set deadline to the Court’s
25 chambers copy box located outside of the outside of Courtroom 9B on the 9th floor of the
26 federal courthouse in Santa Ana. Mandatory chambers copies must be prominently labeled
27 MANDATORY CHAMBERS COPY on the face page and include the NEF as the last
28 page of the document. Short filings should be three-hole punched and fastened by a staple
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1 or binder clip in the top left corner. Larger filings exceeding 50 pages should be delivered
2 in a three-ring binder with an index and with each unstapled item of evidence or exhibit
3 separated by a tab divider on the right side. Binders must have both a cover sheet and a
4 spine label that includes the case name and case number.
5 E. Settlement Proceedings/Alternative Dispute Resolution (ADR) Deadline.
6 Pursuant to L.R. 16-15, the parties must participate in a settlement conference/ADR
7 procedure. The Court’s pretrial schedule sets forth the type of procedure the parties must
8 use.1 The parties shall file a joint report regarding the outcome of settlement negotiations,
9 the likelihood of possible further negotiations, and any assistance the Court may provide
10 concerning settlement negotiations within seven (7) days after the settlement conference.
11 No case will proceed to trial unless all parties, including the principals of all corporate
12 parties, have appeared personally at a settlement conference.
13 If a settlement is reached, it shall be reported immediately to the Court as required
14 by L.R. 16-15.7. Failure to do so within a reasonable time may result in sanctions. In all
15 cases set for jury trial, the parties must notify the Court no later than the Monday preceding
16 the trial date, of any settlement, so that the necessary arrangements can be made to bring
17 in a different case for trial or to notify the members of the public who would otherwise be
18 reporting for jury duty that their services are not needed that date.
19 F. Final Pretrial Conference/Proposed Final Pretrial Conference Order
20 1. Schedule of Trial Filings and Preparation for FPTC. Counsel shall
21 strictly comply with the requirements of Fed. R. Civ. P. 16 and L.R. 16, except where the
22 requirements set forth in this Order differ from or supplement those contained in L.R. 16.
23 Section III of this Order (“Trial Preparation”) explains in detail the requirements for trial
24 filings. The relevant deadlines and dates, which precede the FPTC, are as follows:
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If the parties prefer an ADR procedure other than the one ordered by the Court
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(either Judge Ramírez Almadani or the prior judge if the case was reassigned), they shall
28 file a Stipulation and Proposed Order. The parties’ request may not necessarily be granted.
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1 At least 40 days Lead trial counsel shall meet and confer in person as
before the FPTC required by L.R. 16-2 to discuss and prepare for trial.
2
3 At least twenty- Counsel must serve and file with the Court the first round
4 eight (28) days of trial filings:
before the FPTC
5 (1) Motions in Limine
6 (2) Memoranda of Contentions of Fact and Law
7 (3) Witness Lists
(4) Joint Exhibit List
8 (5) Joint Status Report Regarding Settlement
9 (6) Proposed Findings of Fact and Conclusions of Law
pursuant to L.R. 52 (for bench trials only)
10 (7) Declarations containing Direct Testimony, if ordered
11 (for bench trials only)
12 At least twenty-one Counsel must serve and file with the Court Oppositions
(21) days before the to Motions in Limine.
13 FPTC
14 At least 14 days Counsel must serve and file with the Court the second
15 before the FPTC round of trial filings:
16 (1) Joint Proposed Final Pretrial Conference Order
17 (2) Joint/Agreed Upon Proposed Jury Instructions (jury
trial only)
18 (3) Disputed Proposed Jury Instructions (jury trial only)
19 (4) Joint Proposed Verdict Forms (jury trial only)
20 (5) Joint Proposed Statement of the Case (jury trial only)
(6) Proposed Voir Dire Questions, if any (jury trial only)
21 (7) Evidentiary Objections to Declarations of Direct
22 Testimony (bench trial only)
23
24
25 2. Matters to be Considered During FPTC. The parties are expected to
26 be ready to proceed to trial following the FPTC. All unserved parties will be dismissed
27 without prejudice at the time of the FPTC pursuant to L.R. 16-8.1. Motions in limine will
28 be heard and ruled on at the FPTC. The Court may rule orally instead of in writing. Lead
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1 trial counsel and Pro Se Litigants shall be prepared to discuss any matter arising from the
2 Memoranda of Contentions of Fact and Law, Witness or Joint Exhibit Lists, Proposed Final
3 Pretrial Conference Order, or other matter related to trial which needs to be addressed at
4 the FPTC.
5 Importantly, if a trial date has not been previously set, the Court will set the
6 trial date at the FPTC. As a result, the parties shall confer in advance of the FPTC to
7 identify mutually agreeable trial date(s) within 60 days following the FPTC. The parties
8 shall email the CRD with their mutually agreeable trial dates no later than 4:00 p.m. on the
9 Thursday before the FPTC. The trial date shall be set at the earliest date permitted by the
10 Court’s calendar (see L.R. 16-8.3).
11 3. Requests for Additional Audio/Visual Equipment. The court
12 provides audio/visual equipment for use during trial. The parties are encouraged to use it.
13 More information is available at http://www.cacd.uscourts.gov/clerk-services/courtroom-
14 technology. If counsel for any party needs to arrange for the installation of their own
15 equipment, such as video monitors, notebooks, or projection equipment, counsel shall
16 notify the CRD no later than 4:00 p.m. on the Monday before trial so that the necessary
17 arrangements can be made.
18 4. Filing of Proposed Final Pretrial Conference Order. As noted
19 above, a proposed Final Pretrial Conference Order (“Proposed FPTCO”) shall be filed and
20 emailed to Chambers at least fourteen (14) days before the FPTC. See L.R. 16-7. A
21 template for the Proposed FPTCO is available on Judge Ramírez Almadani’s webpage.
22 The parties must use this template. In specifying the surviving pleadings under section
23 I, the parties are to state which claims or counterclaims have been dismissed or abandoned
24 (e.g., “Plaintiff’s second cause of action for breach of fiduciary duty has been dismissed.”).
25 Additionally, in multiple-party cases where not all claims or counterclaims will be
26 prosecuted against all remaining parties on the opposing side, the parties are to specify to
27 which party or parties each claim or counterclaim is directed.
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1 In drafting the Proposed FPTCO, the parties shall make a good faith effort to agree
2 on and set forth as many uncontested facts as possible. The Court may read the uncontested
3 facts to the jury at the start of the trial. A carefully drafted and comprehensively stated
4 statement of uncontested facts will shorten the trial and generally increase jury
5 understanding of the case.
6 The remaining triable issues of fact section on the Proposed FPTCO should track the
7 elements of a claim or defense on which the jury will be required to make findings. Counsel
8 should attempt to state issues in ultimate fact form, not in the form of evidentiary fact issues
9 (i.e., “was the defendant negligent?”; “was such negligence the proximate cause of injury
10 to the plaintiff?”; not, “was the defendant driving the vehicle west on Hill Street at 9:00
11 p.m. on January 1?”). Counsel may list sub-issues under the headings of ultimate fact
12 issues but shall not use this as a device to list disputes over evidentiary matters.
13 Issues of law should state legal issues upon which the Court will be required to rule
14 after the Pretrial Conference, including during the trial, and should not list ultimate fact
15 issues to be submitted to the trier of fact.
16 III. TRIAL PREPARATION
17 As noted above, the parties must comply with L.R. 16, except where the
18 requirements set forth in this Order differ from or supplement those contained in L.R. 16.
19 The Court may take the FPTC and trial off calendar or impose other sanctions for failure
20 to comply with these requirements.
21 A. Filing Pretrial Documents. All pretrial documents listed above, including
22 any amended documents, shall be filed and emailed to Chambers the day they are due as
23 set forth in the schedule. Except for motions in limine and oppositions, the Joint Status
24 Report Regarding Settlement, and Declarations containing direct testimony, counsel shall
25 (1) email all of the above, including any amended documents, in Microsoft Word format
26 to
[email protected]; and (2) provide the Court with Mandatory
27 Chambers copies of the same documents. The latter shall be delivered to Judge Ramírez
28 Almadani’s chambers copy box located outside of Courtroom 9B on the 9th floor of the
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1 federal courthouse in Santa Ana. Chambers copies must be delivered in a “binder-
2 ready” state, meaning they must be three-hole punched on the left side, without blue-
3 backs, and clipped, not stapled, only in the top left corner.
4 B. Requirements for Pretrial Documents
5 1. Motions in Limine. Each side is limited to five (5) motions in limine
6 unless the Court grants leave to file additional motions. There shall be no replies. Motions
7 in limine and oppositions must not exceed ten (10) pages in length. Before filing a motion
8 in limine, the parties must meet and confer to determine whether the opposing party intends
9 to introduce the disputed evidence and attempt to reach an agreement that would obviate
10 the need for the motion. Motions in limine should address specific issues (e.g., not “to
11 exclude all hearsay”). Motions in limine should not be disguised motions for summary
12 adjudication of issues. The court may strike excessive or unvetted motions in limine.
13 2. Witness Lists. Witness lists must be in the format specified in L.R. 16-
14 5 and include for each witness (i) a brief description of the testimony, (ii) the reasons the
15 testimony is unique and not redundant, and (iii) a time estimate in hours for direct and
16 cross-examination. The parties must use the template posted to Judge Ramírez Almadani’s
17 webpage. Any Amended Witness List must be filed by 12:00 p.m. (noon) on the Friday
18 before trial and emailed to
[email protected] in Microsoft Word
19 format.
20 3. Joint Exhibit List. The Joint Exhibit List must be in the format
21 specified in L.R. 16-6 and shall include an additional column stating any objections to
22 authenticity and/or admissibility and the reasons for the objections. The parties must use
23 the template posted to Judge Ramírez Almadani’s webpage. Any Amended Joint Exhibit
24 List must be filed by 12:00 p.m. (noon) on the Friday before trial and emailed to
25
[email protected] in Microsoft Word format.
26 4. Jury Instructions (Jury Trial Only).
27 (a) Schedule. The parties shall make every effort to agree upon jury
28 instructions before submitting proposals to the Court. The Court expects the parties to
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1 agree on most instructions, particularly when pattern or model jury instructions exist and
2 provide a statement of applicable law. The parties shall meet and confer regarding jury
3 instructions according to the following schedule:
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5 At least thirty-five (35) days The parties shall exchange proposed general and
before the FPTC special jury instructions.
6
7 Twenty-eight (28) days The parties shall exchange any objections to the
8 before the FPTC instructions.
9
Twenty-one (21) days The parties shall meet and confer with the goal of
10 before the FPTC reaching agreement on one set of Joint Agreed
11 Upon Proposed Jury Instructions.
12
Fourteen (14) days before The parties shall file their (i) Joint Agreed Upon
13 FPTC Proposed Jury Instructions and their (ii) Disputed
14 Jury Instructions.
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(b) Red-lined Copy. The parties shall file clean and redline sets of
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their (i) Joint Agreed Upon Proposed Jury Instructions, and (ii) Disputed Jury Instructions.
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The redline sets shall include all modifications made by the parties to pattern or model jury
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instructions, any disputed language, and the factual or legal basis for each party’s position
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as to each disputed instruction. Where appropriate, the disputed instructions shall be
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organized by subject, so that instructions that address the same or similar issues are
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presented sequentially. If there are excessive or frivolous disagreements over jury
22
instructions, the Court will order the parties to meet and confer immediately until they
23
substantially narrow their disagreements.
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(c) Sources. When the Manual of Model Jury Instructions for the
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Ninth Circuit provides an applicable jury instruction, the parties should submit the most
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recent version, modified and supplemented to fit the circumstances of the case. Where
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California law applies, the parties should use the current edition of the Judicial Council of
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California Civil Jury Instructions. If neither applies, the parties should consult the current
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1 edition of O’Malley, et al., Federal Jury Practice and Instructions. The parties may submit
2 alternatives to these instructions only if there is a reasoned argument that they do not
3 properly state the law or are incomplete. The Court seldom gives instructions derived
4 solely from case law.
5 (d) Format. Each requested instruction shall (i) cite the authority or
6 source of the instruction; (ii) be set forth in full; (iii) be on a separate page; (iv) be
7 numbered; (v) cover only one subject or principle of law; and (vi) not repeat principles of
8 law contained in any other requested instruction. If a standard instruction has blanks or
9 offers options (e.g., for gender), the parties must fill in the blanks or make the appropriate
10 selections in their proposed instructions.
11 (e) Index: The Proposed Instructions must have an index that
12 includes the following for each instruction, as illustrated in the example below:
13 o the number of the instruction;
14 o the title of the instruction;
15 o the source of the instruction and any relevant case citations; and
16 o the page number of the instruction.
17 Example:
18 Instruction
19 Number Title Source Page Number
1 Trademark-Defined 9th Cir. 8.5.1 1
20
(15.U.S.C. § 1127)
21
22 During the trial and before closing argument, the Court will meet with counsel to
23 settle the instructions, and counsel will have an opportunity to make a further record
24 concerning their objections.
25 5. Joint Verdict Forms (Jury Trial Only). The parties shall make every
26 effort to agree on a general or special verdict form before submitting proposals to the Court.
27 If the parties are unable to agree on a verdict form, the parties shall file one document titled
28 “Competing Verdict Forms” which shall include: (i) the parties’ respective proposed
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1 verdict form; (ii) a “redline” of any disputed language; and (iii) the factual or legal basis
2 for each party’s respective position. The Court may opt to use a general verdict form if the
3 parties are unable to agree on a special verdict form.
4 6. Joint Statement of the Case (Jury Trial Only). The parties must file
5 a Joint Statement of the Case before the FPTC for the Court to read to the prospective
6 jurors before commencement of voir dire. The joint statement should be brief and neutral
7 and should not be more than one page in length.
8 7. Voir Dire (Jury Trial Only). Generally, a jury in a civil action will
9 consist of eight (8) jurors. In most cases, the Court will seat fourteen (14) prospective
10 jurors in the jury box and conduct its initial voir dire. Each side has three (3) peremptory
11 challenges. If 14 jurors are seated in the box and all 6 peremptory challenges are exercised,
12 the remaining 8 jurors will constitute the jury panel. If fewer than 6 peremptory challenges
13 are exercised, the 8 jurors in the lowest numbered seats will be the jury.
14 The Court generally will conduct the voir dire. The parties may, but are not required
15 to, file any proposed case-specific voir dire questions for the Court’s consideration at least
16 fourteen (14) days before the FPTC. If it considers the questions proper, the Court will
17 pose the questions to the prospective jurors. The Court may also allow limited voir dire by
18 counsel on a case-by-case basis.
19 All challenges for cause shall be made at side bar or otherwise outside the
20 prospective jurors’ presence. The Court will not necessarily accept a stipulation to a
21 challenge for cause. If one or more challenges for cause are accepted, and all 6 peremptory
22 challenges are exercised, the Court may decide to proceed with 6 or 7 jurors.
23 8. Proposed Findings of Fact and Conclusions of Law (Bench Trial
24 Only). For any trial requiring findings of fact and conclusions of law, each party shall file
25 and serve on the opposing party its Proposed Findings of Fact and Conclusions of Law in
26 the format specified in L.R. 52-3. The parties may submit Supplemental Proposed Findings
27 of Fact and Conclusions of Law during the trial. Once trial concludes, the Court will
28 ordinarily order the parties to file Revised Proposed Findings of Fact and Conclusions of
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1 Law with citations to the record.
2 9. Declarations of Direct Testimony (Bench Trial Only). When
3 ordered by the Court in a particular case, each party shall file declarations containing the
4 direct testimony of each witness whom that party intends to call at trial. If such declarations
5 are filed, each party shall file any evidentiary objections to the declarations submitted by
6 any other party at least fourteen (14) days before the FPTC. Such objections shall be
7 submitted in the following three-column format: (i) the left column should contain a
8 verbatim quote of each statement objected to (including page and line number); (ii) the
9 middle column should set forth a concise legal objection (e.g., hearsay, lacks foundation,
10 etc.) with a citation to the corresponding Federal Rule of Evidence or, where applicable, a
11 case citation; and (iii) the right column should provide space for the Court’s ruling on the
12 objection. The Court anticipates issuing its ruling on the objections during the FPTC.
13 C. Trial Exhibits. Trial exhibits that consist of documents and photographs
14 must be submitted to the Court in three-ring binders. The parties shall submit to the Court
15 three (3) sets of binders: one (1) original set of trial exhibits, and two (2) copies of trial
16 exhibits. The original set of exhibits shall be for use by the jury during its deliberations,
17 and the copies are for the Court. The parties should prepare additional copies of
18 exhibits for their own use and for use by witnesses. The parties must review the exhibit
19 list and exhibit binders with the CRD before the admitted exhibits will be given to the jury.
20 All exhibits placed in three-ring binders must be indexed by exhibit number with tabs or
21 dividers on the right side. Exhibits shall be numbered sequentially 1, 2, 3, etc., not 1.1,
22 1.2, etc. See L.R. 16-6. Every page of a multi-page exhibit must be numbered.
23 Defendant’s exhibit numbers shall not duplicate Plaintiff’s numbers. The spine of each
24 binder shall indicate the volume number and the range of exhibit numbers included in the
25 volume.
26 1. Original Exhibits. The original exhibits shall bear the official exhibit
27 tags (yellow tags for Plaintiff’s exhibits and blue tags for Defendant’s exhibits) stapled to
28 the front of the exhibit on the upper right corner with the case number, case name, and
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1 exhibit number placed on each tag. Tags may be obtained from the Clerk’s Office, or the
2 parties may print their own exhibit tags using Forms G-14A and G-14B on the “Court
3 Forms” section of the court’s website.
4 2. Exhibit Copies. The copies of exhibits must bear copies of the official
5 exhibit tags that were placed on the original exhibits and be indexed with tabs or dividers
6 on the right side. In addition to the three (3) sets of binders above, the parties must also
7 submit to the court a USB flash drive containing .pdf versions of all exhibits. The USB
8 flash drive must be delivered to the judge’s courtesy box (located outside of Courtroom 9B
9 on the 9th floor of the federal courthouse in Santa Ana) by 3:00 p.m. on the Friday before
10 the start of trial. Plaintiff’s exhibits must be placed in a separate folder from Defendant’s
11 exhibits, and the document file names must include the exhibit number and a brief
12 description of the document, for example: “Ex. 1 - Smith Declaration.pdf” or “Ex. 105 -
13 Letter Dated 1-5-20.pdf.”
14 3. Publishing Exhibits. The Court does not permit exhibits to be
15 “published” to the jurors before they are admitted into evidence. Once admitted, exhibits
16 may be displayed electronically using the equipment and screens in the courtroom. The
17 parties must meet and confer at least ten (10) days before trial to stipulate as much as
18 possible to foundation, waiver of the best evidence rule, and exhibits that may be received
19 into evidence at the start of the trial. All such exhibits should be noted as admitted on the
20 court and CRD’s copy of the exhibit list.
21 D. Exhibit Conference. An exhibit conference requiring the attendance of trial
22 counsel will be held at 9:00 a.m. the Friday before the scheduled trial date in Courtroom
23 9B, unless the Court orders otherwise. This date and time may be changed at the discretion
24 of the CRD if all parties are mutually available. At the exhibit conference, the parties shall
25 present the following materials to the CRD:
26 1. The three sets of binders described above, with one (1) original set of
27 trial exhibits for the jury, and two (2) copies of trial exhibits for the Court.
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1 2. Any excerpts of deposition transcripts to be used at trial, either as
2 evidence or for impeachment. These lodged depositions are for the Court’s use. The
3 parties must use their own copies during trial.
4 E. Court Reporter. Any party requesting special court reporter services for any
5 hearing, such as “Real Time” transmission or daily transcripts, shall notify the court
6 reporter at least fourteen (14) days before the hearing date. At least seven (7) days before
7 the commencement of trial, counsel for the parties shall provide the court reporter with a
8 list of unusual words, phrases, and spellings that may come up during trial. This
9 information should be emailed to Court Reporter Services at
10
[email protected].
11 F. Jury Trial. Trial days are generally Monday through Thursday, or Tuesday
12 through Friday. Trial days are from 8:30 a.m. to approximately 4:30 p.m., with two 15-
13 minute breaks and a one-hour lunch break. The parties must appear at 8:30 a.m. to discuss
14 preliminary matters with the Court.
15 On the first day of trial, the Court will commence at 8:30 a.m. The Court will call a
16 jury panel only when it is satisfied the case is ready for trial. The Court anticipates jury
17 selection will take only a few hours. The parties should be prepared to proceed with
18 opening statements and witness examination immediately after jury selection.
19 IV. CONDUCT OF ATTORNEYS AND PARTIES
20 A. Meeting and Conferring Throughout Trial. The parties must continue to
21 meet and confer on all issues that arise during trial. The Court will not rule on any such
22 issue unless the parties have attempted to resolve it first.
23 B. Opening Statements, Witness Examinations, and Summation. Counsel
24 must use the lectern. Counsel should not consume jury time by writing out words and
25 drawing charts or diagrams. All such aids must be prepared in advance. When appropriate,
26 the Court will establish and enforce time limits for all phases of trial, including opening
27 statements, closing arguments, and the examination of witnesses.
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1 C. Objections to Questions. Counsel must not make speaking objections before
2 the jury or otherwise make speeches, restate testimony, or attempt to guide a witness.
3 When objecting, counsel must rise to state the objection and state only that counsel objects
4 and the legal grounds for the objection. If counsel desires to argue an objection further,
5 counsel must seek permission from the Court to do so.
6 D. Closing Arguments and Post-Trial Briefs (Bench Trials Only). For an
7 overview and review of the evidence presented during trial, the Court will rely on the
8 parties’ closing arguments. In delivering closing arguments, the parties shall use their
9 respective proposed findings of fact and conclusions of law as a “checklist” and should
10 identify the evidence that supports their proposed findings. The Court will not accept post-
11 trial briefs unless it finds that circumstances warrant additional briefing, and such briefing
12 is specifically authorized.
13 E. General Decorum While in Session
14 1. Counsel must not approach the CRD, the jury box, or the witness stand
15 without Court authorization and must return to the lectern when the purpose for the
16 approach has been accomplished.
17 2. Counsel must rise when addressing the Court, and when the Court or
18 the jury enters or leaves the courtroom, unless directed otherwise.
19 3. Counsel must address all remarks to the Court. Counsel must not
20 address the CRD, the court reporter, persons in the audience, or opposing counsel. Any
21 request to re-read questions or answers shall be addressed to the Court. Counsel must ask
22 the Court’s permission to speak with opposing counsel.
23 4. Counsel must not address or refer to witnesses or parties by first names
24 alone, except for witnesses who are below age fourteen (14).
25 5. Counsel must not offer a stipulation unless counsel have conferred with
26 opposing counsel and have verified that the stipulation will be acceptable.
27 6. Counsel must not leave counsel table to confer with any person in the
28 back of the courtroom without the Court’s permission.
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1 7. Counsel must not make facial expressions, nod, shake their heads,
2 comment, or otherwise exhibit in any way any agreement, disagreement, or other opinion
3 or belief concerning the testimony of a witness or argument by opposing counsel. Counsel
4 shall instruct their clients and witnesses not to engage in such conduct.
5 8. Counsel must never speak to jurors under any circumstance, and must
6 not speak to co-counsel, opposing counsel, witnesses, or clients if the conversation can be
7 overheard by jurors. Counsel must instruct their clients and witnesses to avoid such
8 conduct.
9 9. Where a party has more than one lawyer, only one attorney may
10 conduct the direct or cross-examination of a particular witness or make objections as to
11 that witness.
12 10. Bottled water is permitted in the courtroom. Food and other beverages
13 are not permitted. Cell phones must be silenced or otherwise they may be confiscated.
14 F. Punctuality
15 1. The Court expects the parties, counsel, and witnesses to be punctual.
16 Once the parties and their counsel are engaged in trial, the trial must be their priority. The
17 Court will not delay progress of the trial or inconvenience jurors.
18 2. If a witness was on the stand at the time of a recess or adjournment, the
19 party that called the witness shall ensure the witness is back on the stand and ready to
20 proceed as soon as trial resumes.
21 3. The parties must notify the CRD in advance if any party, counsel, or
22 witness requires a reasonable accommodation based on a disability or other reason.
23 4. No presenting party may be without witnesses. If a party’s remaining
24 witnesses are not immediately available, thereby causing an unreasonable delay, the Court
25 may deem that party to have rested.
26 5. The Court generally will accommodate witnesses by permitting them
27 to be called out of sequence. Counsel should meet and confer in advance and make every
28 effort to resolve the matter.
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1 G. Exhibits
2 1. Counsel must keep track of their exhibits and exhibit list, and record
3 when each exhibit has been admitted into evidence.
4 2. Counsel are responsible for any exhibits they secure from the CRD and
5 must return them before leaving the courtroom.
6 3. Any exhibit not previously marked must be accompanied by a request
7 that it be marked for identification at the time of its first mention. Counsel must show a
8 new exhibit to opposing counsel before the court session in which it is mentioned.
9 4. Counsel must inform the CRD of any agreements reached regarding
10 any proposed exhibits, as well as those exhibits that may be received into evidence without
11 a motion to admit.
12 5. When referring to an exhibit, counsel must refer to its exhibit number.
13 Counsel should instruct their witnesses to do the same.
14 6. Counsel should not ask witnesses to draw charts or diagrams or ask the
15 Court’s permission for a witness to do so. All demonstrative aids must be prepared fully
16 in advance of the day’s trial session.
17 7. Counsel are required to seek to admit any items of evidence whose
18 admissibility has not yet been stipulated to while the witness authenticating the exhibit is
19 on the stand, so that any issues or concerns that arise may be addressed immediately.
20 H. Depositions
21 1. In using deposition testimony of an adverse party for impeachment,
22 counsel may adhere to either one of the following procedures:
23 a. If counsel wishes to read the questions and answers as alleged
24 impeachment and ask the witness no further questions on that subject, counsel shall first
25 state the page and line where the reading begins and the page and line where the reading
26 ends and allow time for any objection. Counsel may then read the portions of the
27 deposition into the record.
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1 b. If counsel wishes to ask the witness further questions on the
2 subject matter, the deposition shall be placed in front of the witness and the witness told to
3 read the relevant pages and lines silently. Then, counsel either may ask the witness further
4 questions on the matter and thereafter read the quotations or read the quotations and
5 thereafter ask further questions. Counsel should have available for the Court and the
6 witness extra copies of the deposition transcript for this purpose.
7 2. Where a witness is absent and the witness’s testimony is to be offered
8 by deposition, counsel may: (i) have an individual sit on the witness stand and read the
9 testimony of the witness while the examining lawyer asks the questions; or (ii) have
10 counsel read both the questions and the answers.
11 I. Using Numerous Answers to Interrogatories and Requests for
12 Admission.
13 Whenever counsel expects to offer a group of answers to interrogatories or requests
14 for admissions extracted from one or more lengthy discovery responses, counsel should
15 prepare a new document listing each question and answer and identifying the document
16 from which it has been extracted. Copies of this new document must be provided to the
17 Court and the opposing party.
18 //
19 //
20 //
21 //
22 //
23 //
24 //
25 //
26 //
27 //
28 //
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1 J. Advance Notice of Unusual or Difficult Issues
2 If any party anticipates that a difficult question of law or evidence will necessitate
3 legal argument requiring research or briefing, that party must give the Court advance
4 notice. The parties must notify the CRD immediately of any unexpected legal issue that
5 could not have been foreseen and addressed in advance. To the extent such issue needs to
6 be addressed outside the jury’s presence, the relevant party must inform the CRD before
7 jurors are excused for the day to minimize the time jurors are kept waiting. The Court
8 expects all parties to work diligently to minimize delays and avoid keeping jurors waiting.
9
10 IT IS SO ORDERED.
11
12 DATED: December 30, 2025
13
HON. MÓNICA RAMÍREZ ALMADANI
14 UNITED STATES DISTRICT JUDGE
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