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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA, ) Case No.
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Plaintiff, ) INITIAL STANDING ORDER FOR CRIMINAL
12 ) CASES ASSIGNED TO JUDGE JOHN A.
) KRONSTADT
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14 _________________________, )
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15 Defendant(s). )
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16 )
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This case has been assigned to the calendar of Judge John A. Kronstadt. Please read this
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Order carefully as it differs in some respects from the Local Rules. Counsel are advised that the
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Court, at any time, may amend one or more of its Standing Orders. It is the responsibility of
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5 counsel to refer to this Court’s Procedures and Schedules found on the website for the United
6 States District Court, Central District of California (www.cacd.uscourts.gov) to obtain the
7 operative order. The Court thanks the parties and their counsel for their anticipated cooperation
8 in carrying out these requirements.
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The parties were referred to the Court’s Procedures and Schedules to obtain a copy of this
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Order at the time of the Post Indictment Arraignment (“PIA”) Hearing. Counsel shall comply with
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this Order, which is effective from the date of the PIA Hearing.
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A. GENERAL REQUIREMENTS
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1. Formatting of Pleadings
15 The caption title of every pleading shall contain the name of the first-listed defendant if the
16 pleading applies to all defendants. If the document applies only to certain defendants, the
17 caption shall list the name of the first defendant followed by the name(s) and number(s) of the
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remaining defendants involved (in the order listed on the docket).
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In an effort to create a docket that is clear and that can be searched easily, the title of every
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pleading shall include the name of the defendant(s) to which it refers. However, if the pleading
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applies to all defendants or if there is only a single defendant, the name(s) of the defendant(s)
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do not need to appear in the title.
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24 2. Mandatory Chambers’ Copies
25 Mandatory chambers’ copies are to be submitted pursuant to Local Rule 5-4.5 (Civil).
26 However, the Court only requires copies of materials that have not been filed on the
27 electronic docket for this case (e.g., CD-ROMs, DVDs, USB drives, documents
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electronically filed in other cases or other districts). Mandatory chambers’ copies must be
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delivered to the Clerk's Office, Room 181-L, no later than 12:00 p.m. on the day following the
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filing of the document.
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Mandatory chambers’ copies must be printed from CM/ECF, and must include the
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5 CM/ECFgenerated header (consisting of the case number, document control number, date of
6 filing, page number, etc.). Any stapling or binding should not obscure the CM/ECF-generated
7 header. The Court prefers that chambers’ copies not be two-hole punched or blue-backed;
8 when possible, staple each copy only in the upper left hand corner.
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B. DISCOVERY
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Counsel shall comply promptly with discovery and notice pursuant to Rules 12–12.4 of the
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Federal Rules of Criminal Procedure. The Court orders the Government to produce the
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discovery it currently has in its possession within seven (7) days from the date of the PIA
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Hearing. This includes: (a) the existence or non-existence of evidence obtained by electronic
15 surveillance and testimony by a government informant; and (b) any evidence within the scope of
16 Brady v. Maryland, 373 U.S. 83 (1963) and related cases. Counsel are ordered to confer and
17 file a joint report no later than fourteen (14) days from the date of the PIA Hearing, which shall
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include: (i) the status of discovery and whether the Government anticipates further discovery to
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be produced and the date by which it will be submitted to defendant(s); (ii) whether there are
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any disputes as to the discovery produced thus far; (iii) the anticipated motions to be filed by
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each party; (iv) whether the parties expect to proceed on the current trial date; and (v) the
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anticipated length of the trial.
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24 The Government shall produce to defendant(s) the discovery related to evidence it seeks to
25 introduce at trial no later than two (2) weeks prior to the scheduled trial date. If there is
26 discovery related to trial evidence that is produced after this date, such evidence will not be
27 admitted at trial subject to an ex parte application being filed by the Government seeking such
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relief that is approved by the Court.
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C. CONTINUANCES
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Counsel requesting a continuance must e-file any application or stipulation with a proposed
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order, which shall include a detailed explanation of the grounds for the requested continuance
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5 or other extension of time. The Court will not consider any request that does not comply with the
6 Local Rules and this Order. Applications or stipulations extending dates become effective only
7 if, and when, approved by this Court and an associated order is entered. Counsel shall submit
8 requests for a continuance at least seven (7) calendar days prior to the scheduled date.
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Stipulations for excludable time shall conform to the format and standards of this District.
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D. UNDER SEAL DOCUMENTS
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Counsel shall comply with L. Cr. R. 49-1 with respect to serving and filing criminal
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documents under seal. All applications must provide the reason(s) why the parties’ interest in
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maintaining the confidentiality of the document(s) outweighs the public’s right of access to
15 materials submitted in connection with a judicial proceeding. Counsel are ordered to meet and
16 confer in person or by telephone at least seven (7) calendar days prior to the filing of an
17 application in which the basis for the requested sealing is stated to determine if they can agree
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on the proposed under seal filing. Not later than two (2) calendar days after the meet and confer
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process has concluded, the non-proposing party shall confirm whether it agrees to having such
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information designated as confidential or whether it opposes an under seal filing. Any
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application for under seal filing, whether or not opposed, shall contain the dates and method by
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which the parties met and conferred. If such information is not provided, the application will be
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24 denied without prejudice to an amended application being filed that complies with the foregoing
25 terms.
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1. For Requests to Seal Documents Only, Not the Application and Order
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a. Electronically file the application to seal. The supporting declaration, proof of service, if
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applicable, and proposed order shall be attached to the application (standard procedure
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5 for filing application with a proposed order pursuant to Local Rule 52-4.1 (Civil)).
6 b. Indicate which of the three following actions will be taken if the application is denied:
7 (i) Counsel will file the document(s) in their entirety for public view and
8 consideration by the Court;
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(ii) Counsel will contact the Courtroom Deputy Clerk to pick up any chambers’
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copy(ies) of the document(s) within 24 hours; or
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(iii) Counsel will request that the Courtroom Deputy Clerk destroy any chambers’
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copy(ies) of the document(s).
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Note: If counsel opt for (b) above and do not contact the Courtroom Deputy Clerk within
15 24 hours, the documents will be destroyed.
16 c. After electronically filing the application and related documents, send an e-mail to:
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[email protected] with an attachment containing: (i) an Adobe PDF
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version of the application to seal with the CM/ECF-generated header; (ii) a Word or
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WordPerfect version of the proposed order (including the proposed action to be taken if
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the application is denied (see 1 above); and (iii) an Adobe PDF of the document(s) to be
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filed under seal with a caption page clearly marked "UNDER SEAL." The subject line of
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the email should include: (a) the case number; (b) the name of the represented party;
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24 and (c) the words "UNDER SEAL REQUEST." If the size of the email requires a second
25 email that is a continuation of the under seal document(s), the subject line shall also
26 include “Part 1” or “Part 2,” etc.
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2. For Requests to Seal the Application, Order and Document(s)
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a. Electronically file a NOTICE OF MANUAL FILING indicating that the following has been
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submitted to the Court: (i) an application to seal with the attached supporting declaration
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5 and proof of service, if applicable; (ii) a proposed order; and (iii) the documents to be
6 placed under seal.
7 b. Send an email to the chambers’ email at
[email protected] with an
8 attachment containing: (i) an Adobe PDF version of the application to seal with the
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CM/ECF generated header; (ii) a Word or WordPerfect version of the proposed order
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(including the proposed action to be taken if the application is denied); and (iii) an Adobe
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PDF of the document(s) to be filed under seal with a caption page, clearly marked
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"UNDER SEAL." The subject line of the email should include: (a) the case number; (b)
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the name of the represented party; and (c) the words "UNDER SEAL REQUEST." If the
15 size of the email requires a second email that is a continuation of the under seal
16 document(s), the subject line shall also include “Part 1” or “Part 2,” etc.
17 3. Other Important Information Regarding Applications to File Under Seal
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a. All documents and exhibits shall have a title/caption page pursuant to Local Rule 11-
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3.8. (Civil). Exhibits can either be attached to the document which refers to them or
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submitted as separate Adobe PDFs. Any separate filing shall also contain a title page,
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which shall indicate the exhibits attached thereto, e.g., “Exhibits 1-10 to Defendant’s
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Motion to Dismiss”.
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24 b. The docket text shall reflect the exact title of the document. Therefore, if there is a
25 known security risk with respect to the identification of a sealed document, the document
26 text shall then reflect the name of the party and/or defendant and sealed type of
27 document, i.e., JOHN DOE’S (2) SEALED MEMORANDUM or DEFENDANT’S SEALED
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STIPULATION. If the security risk is extreme, then the docket text may reflect the name
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of the party and/or defendant and sealed document, i.e., GOVERNMENT’S SEALED
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[DOCUMENT].
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c. Redacted documents shall conform to paragraph (b) above. However, the document
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5 shall include the word redacted in the title, i.e., JOHN DOE’S (2) MEMORANDUM
6 [REDACTED].
7 d. Counsel shall make every effort to file a redacted version of a sealed document. If a
8 redacted version of the document is not filed, counsel shall explain the reason in either
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the application or supporting declaration.
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e. Any sealed document must clearly mark the information that is confidential or privileged
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via highlighting in color and/or using brackets.
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f. Counsel shall adhere to Local Rule 5-4.3.1 (Civil) with respect to the size of the PDF
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and, prior to submitting any document(s) to the Court for consideration, shall review
15 each such document to confirm that none is presented with any missing pages.
16 g. All PDF documents shall be searchable.
17 h. The Court will review the submitted documents and make a determination as to whether
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some or all the documents will remain under seal, made available on the public docket,
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and/or whether a redacted version is to be filed.
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E. HEARINGS
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All criminal hearings are heard on Thursdays at 8:30 a.m.
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1. Sentencing Hearings
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24 A sentencing hearing will be scheduled at the conclusion of the plea hearing. It will be
25 scheduled for no less than 14 weeks after the plea hearing to permit the preparation of the
26 presentence report. Both parties will be permitted to file a sentencing brief, which is due no later
27 than fourteen (14) days before the sentencing hearing. If either party does not intend to file a
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brief, the Courtroom Deputy Clerk shall be notified no less than 14 prior to the sentencing
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Hearing.
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Any request for a continuance shall be made no later than seven (7) days prior to the date of
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5 the hearing.
6 The Court discourages the use of sentencing videos. If counsel believes a video is essential,
7 an application should be made for leave to present one based upon a showing of good cause. If
8 such an application is granted, the video should not be longer than 10 minutes, and must
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include a transcript.
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2. Change of Plea/Entry of Guilty Plea Hearings
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Counsel shall contact the Courtroom Deputy Clerk to set a date for the hearing.
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a. Open Plea / Alford Plea
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If the parties agree to proceed with an open plea, counsel shall confer and file a stipulation
15 as to the factual basis no later than seven (7) days prior to the hearing.
16 b. Superseding Information or Indictment
17 A superseding information or indictment shall not be attached to the end of the plea
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agreement. It shall be filed pursuant to the Local Rules and have its own docket entry. Counsel
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will be referred to PIA to be arraigned on the new charges.
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F. MOTIONS / MOTIONS IN LIMINE
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All motions shall be filed fourteen (14) days prior to the hearing date. The supporting
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memorandum shall not exceed ten (10) pages. Any opposition shall be filed seven (7) days prior
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24 to the hearing date and shall not exceed ten (10) pages. The Court does not require a reply.
25 However, if a party elects to file one, it shall be filed three (3) days prior to the hearing date by
26 12:00 p.m., and shall not exceed five (5) pages. Proposed orders for motions are not required to
27 be filed or submitted to the Judge’s Chambers’ email.
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The Court hears all motions in limine, which shall be numbered sequentially by each party
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who presents them, at the time of the Final Pretrial Conference.
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The last day to hear motions is set for the date of the Final Pretrial Conference. All motions
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5 shall be set in accordance with this Order and the Local Rules.
6 G. TRIAL REQUIREMENTS
7 No later than fourteen (14) days before the Final Pretrial Conference, counsel shall file the
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1. Statement of the Case
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Counsel shall meet and confer twenty-one (21) calendar days prior to the Final Pretrial
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Conference to determine if, in lieu of a Joint Statement of the Case, they will stipulate to having
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each side make a brief (less than five minute) mini-opening statement to the panel of
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prospective jurors prior to the commencement of voir dire. Such mini-opening statements are
15 not to be argument, but rather a summary of the evidence that each side intends to present. If
16 all parties do not stipulate to the use of mini-opening statements, they shall meet and confer and
17 seek to reach agreement on a Joint Statement of the Case to be read by the Court to the panel
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of prospective jurors prior to the commencement of voir dire. Counsel shall file the joint
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statement of the case no later than fourteen (14) calendar days prior to the Final Pretrial
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Conference. If the parties cannot agree on such a joint statement, they shall file a “Disputed
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Joint Statement of the Case,” which shall include each party’s respective proposed statement,
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together with a “redline” comparing the parties’ respective statements. A final version of the joint
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24 statement shall be provided to the Court on the first day of trial.
25 2. Voir Dire
26 Counsel may submit proposed voir dire questions that are unique to the particular trial. Each
27 party may file their respective questions fourteen (14) calendar days prior to the Final Pretrial
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Conference.
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3. Witness List
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The Government shall file in camera a witness list no later than fourteen (14) calendar days
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prior to the Final Pretrial Conference. The list shall include the witnesses in the order that they
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5 are expected to testify, and will provide, to the extent possible, an accurate estimate of the time
6 needed for each witness for direct testimony. It shall also include a brief summary of each
7 witness’ testimony. If more than one witness is offered on the same subject, the summary
8 should be sufficiently detailed to allow the Court to determine if the testimony is cumulative.
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Not later than 12:00 pm on the Friday before the commencement of trial, the Government
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and defense counsel shall each email their respective witness lists in Word to the Court’s
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Chambers’ email at:
[email protected]. If the defendant does not intend to call
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any witnesses, the email shall so state.
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4. Jury Instructions
15 Jury instructions shall be filed no later than fourteen (14) calendar days prior to the Final
16 Pretrial Conference. The parties shall make every attempt to agree upon jury instructions before
17 submitting proposals to the Court. The Court prefers Ninth Circuit model instructions. Counsel
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shall exchange proposed jury instructions (general and special) twenty-eight (28) calendar days
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prior to the Final Pretrial Conference. Counsel shall exchange any objections to the instructions
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twenty-one (21) calendar days prior to the Final Pretrial Conference. Counsel shall meet and
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confer with the goal of reaching an agreement on one set of joint jury instructions, which shall
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be filed no later than fourteen (14) calendar days before the Final Pretrial Conference. If the
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24 parties disagree over any proposed jury instruction(s), the parties shall file: (i) one set of
25 proposed jury instructions to which all parties agree; and (ii) one set of disputed jury
26 instructions, which shall include a “redline” of any disputed language and/or the factual or legal
27 basis for each party’s respective position as to each disputed instruction. Where appropriate,
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the disputed instructions shall be organized by subject, so that the instructions that address the
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same or similar issues are presented sequentially. A final “clean” version of the jury instructions,
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which shall include the preinstructions and the text of each instruction (eliminating titles,
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supporting authority, indication of party proposing, etc.) shall be provided to the Court on the
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5 first day of trial and sent via email in Word to the Court’s Chambers’ email at:
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[email protected].
7 5. Verdict Forms
8 The parties shall make every attempt to agree upon a verdict form before submitting
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proposals to the Court. Counsel shall file a proposed verdict form(s) no later than fourteen (14)
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calendar days prior to the Final Pretrial Conference. If the parties are unable to agree on a
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verdict form, the parties shall file one document titled “Competing Verdict Forms” which shall
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include: (i) the parties’ respective proposed verdict form; (ii) a “redline” of any disputed
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language; and (iii) the factual or legal basis for each party’s respective position if the entire form
15 is being disputed. A final version of the verdict form shall be provided to the Court on the first
16 day of trial and sent via email in Word to the Court’s Chambers’ email at:
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[email protected].
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6. Exhibits
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a. Exhibit List
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Counsel shall each prepare an exhibit list in compliance with the example below and Local Rule
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5 16-6 (Civil).
6 JOINT EXHIBIT LIST
7 Case Name:
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Case Number:
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No. of Description Stip. to Stip. to Date Date
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Exhibit Authen. Admiss. Identified Admitted
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Counsel shall meet and confer at least twenty-one (21) calendar days before the Final
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Pretrial Conference to discuss and seek to agree, to the extent possible, on issues including
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foundation and admissibility of proposed exhibits by the Government. The exhibit list shall
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comply with Local Rule 16-6.1 (Civil). The Government shall file its exhibit list fourteen (14)
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19 calendar days prior to the Final Pretrial Conference. Counsel shall file a “Notice of Disputed
20 Exhibits,” if applicable, which shall set forth the basis for any disputed exhibit(s). Counsel shall
21 confer so that there are no duplicate exhibits.
22 Not later than 12:00 pm on the Friday before the commencement of trial, the Government
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and defense counsel shall each email their respective exhibit list in Word to the Court’s
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Chambers’ email at:
[email protected]. If the defendant does not intend to offer
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any exhibits, then the email shall so state.
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b. Exhibit Preparation
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One (1) original (witness copy) and one (1) copy (bench copy) shall be presented to the
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Courtroom Deputy Clerk on the first day of trial. The exhibits shall be presented in a binder.
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5 Each binder shall be clearly labeled on the spine to include the case name, party and volume
6 number. The Court does not require specific exhibit tags so long as each document is bate-
7 stamped and separated with a divider that is numbered. Each party shall use a different number
8 sequence and shall comply with Local Rule 26-3 (Civil).
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c. Voluminous/Security Prone Trial Exhibits/Materials
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Arrangements for bringing voluminous trial materials or exhibits into the Courtroom through
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the Building Vehicle Loading Dock, if required, may be made through the Space & Facilities
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Help Desk at 213-894-1400. Before contacting Space & Facilities for a required security pass,
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prior approval of delivery time must be coordinated with the Courtroom Deputy Clerk. Once
15 approval from the Clerk is received, logistical delivery information must be provided to Space &
16 Facilities no later than 48 hours prior to the date of arrival to create and issue the required
17 security pass. Counsel and messengers attempting to access the building parking and loading
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dock without a required pass will be denied entry.
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Exhibits such as firearms, narcotics, etc., must remain in the custody of a law enforcement
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agent during the pendency of the trial. It shall be the responsibility of the agent to produce any
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such items for the Court, secure them at all times that the Court is not in session, and guard
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them at all times while in the courtroom. The United States Marshals Service shall be advised
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24 whenever weapons or contraband are to be brought into the courthouse.
25 7. Glossary/Notice
26 At least one week before trial, the parties much confer and file a glossary of terms for the
27 court reporter that includes applicable medical, scientific, or technical terms, gang terms, slang,
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the names and spellings of names likely to be cited, and any other case-specific terminology.
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H. ATTORNEY AND PARTY CONDUCT AT TRIAL
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1. Trial Schedule
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Trials are generally conducted Tuesday through Friday. The Court will adopt a particular
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5 time schedule on a case-by-case basis. In general, the schedule will be either: (i) from 8:30 a.m.
6 to 2:30 p.m. with two or three 20-minute breaks; or (ii) from 9:00 a.m. to 4:00 p.m., with a 15-
7 minute break in both the morning and the afternoon, and a one-hour lunch break. This schedule
8 may be changed for each trial and during each trial depending on the scheduling needs of
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jurors, witnesses, counsel or the Court.
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Defense counsel is responsible for making the necessary arrangements with the United
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States Marshals so that any defendant who is in custody is provided clothing and/or snacks.
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a. Emailed Copies
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Prior to the first day of trial, counsel shall email Word versions of the following documents to
15 the Court’s Chambers’ email (
[email protected]): (i) the witness list in the order
16 in which the witnesses will be called to testify; (ii) the witness list in alphabetical order; (iii) a final
17 set of jury instructions; (iv) a final version of the verdict form; (v) the exhibit list; (vi) proposed
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voir dire questions; and (vii) a statement of the case, if applicable.
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2. Trial Conduct
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a. Jury Selection
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The Court will seat as prospective jurors the same number of jurors who will serve at trial.
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The Court will conduct voir dire of this panel, which may include questions proposed by counsel
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24 both prior to trial and during the voir dire process. Whether counsel voir dire will be permitted
25 will be determined during voir dire. After any potential juror is excused for cause, a replacement
26 juror will be placed in the vacant seat and will respond to voir dire. Once a panel is in place to
27 which there are no remaining or unadjudicated “for cause” challenges, counsel for each side will
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be permitted to exercise their respective peremptory challenge(s) through the Court. Upon the
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exercise of a peremptory challenge, a replacement juror will be seated, will respond to voir dire
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and will be subject to a “for cause” challenge before any remaining peremptory challenge is
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exercised.
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5 b. Opening Statements, Examining Witnesses and Summation
6 At the end of each day, counsel presenting his or her case shall advise opposing counsel of
7 the witnesses expected to testify the following day, with an estimate of the length of direct
8 examination for each witness. Opposing counsel shall provide an estimate of the length of
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cross-examination for each witness. Cooperation of counsel will ensure an efficient trial process.
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It is the responsibility of all counsel to arrange the appearance of witnesses in order to avoid
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delay.
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Opening statements, examination of witnesses and summation will be from the lectern only.
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Counsel should not spend an unreasonable amount of time writing out words or drawing charts
15 or diagrams. Counsel may do so in advance and explain that the item was prepared earlier to
16 save time as ordered by the Court.
17 The Court will honor reasonable time estimates for opening and closing presentations to the
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jury.
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In jury trials, where a party has more than one lawyer, only one may conduct the direct or
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cross-examination of a given witness.
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If a witness is on the stand when a recess is taken, it is counsel’s duty to have the witness
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back on the stand, ready to proceed, when the trial resumes.
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24 If a witness was on the stand at adjournment, it is counsel’s duty to have the witness
25 adjacent to, but not on, the stand, ready to proceed when the trial resumes.
26 It is counsel’s duty to notify the Courtroom Deputy Clerk in advance if any witness should be
27 accommodated in an appropriate manner due to any disability or other physical need.
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The Court attempts to accommodate physicians, scientists and all other professional
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witnesses and will, except in extraordinary circumstances, permit them to testify out of order.
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The Court may do the same with respect to non-party witnesses who have work or family
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5 commitments. Counsel must anticipate any such possibility and discuss it with opposing
6 counsel. If there is objection to having a particular witness called out of order, counsel shall
7 confer with the Court in advance.
8 c. Objections and General Decorum
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When objecting, counsel must stand to state the objection and state only that counsel
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objects and the legal ground for objection. If counsel wishes to argue an objection further,
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counsel must ask for permission to do so; the Court may or may not grant a request for
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conference at sidebar. The Court strongly discourages the excessive use of sidebars because
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this is inefficient. Instead, evidentiary issues should be anticipated in advance of trial and should
15 be addressed through motions in limine and/or in connection with the rulings on exhibits.
16 Counsel must not approach the Courtroom Deputy Clerk or the witness stand without
17 permission. When permission is given, counsel shall return to the lectern when the task has
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been completed. Counsel must not engage in questioning a witness at the witness stand absent
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specific approval by the Court.
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Counsel must address all remarks to the Court. Counsel are not to address the Courtroom
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Deputy Clerk, the Reporter, persons in the audience or opposing counsel. If counsel wishes to
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speak with opposing counsel, counsel must ask permission to talk off the record. Any request
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24 for the re-reading of questions or answers shall be addressed to the Court, not to the court
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26 Counsel must not make an offer of stipulation unless counsel already has conferred with
27 opposing counsel and has reason to believe the stipulation will be acceptable.
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On the first day of trial counsel shall advise the Court of any commitments that may result in
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counsel’s absence or late arrival on any day of the trial.
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I. LOCAL RULES
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5 Pursuant to L. Cr. R. 57-1, the Local Rules of the Central District of California shall govern
6 the conduct of criminal proceedings before this Court unless otherwise specified.
7 IT IS SO ORDERED.
8 Last Revised: November 20, 2023
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11 JOHN A. KRONSTADT
UNITED STATES DISTRICT COURT
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