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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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Case No.:
11 [PLAINTIFF’S NAME],
12 Plaintiff, CIVIL TRIAL ORDER
13 v.
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15 [DEFENDANT’S NAME],
16 Defendant.
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1 I. Schedule
2 A. Schedule and Deadlines
3 The Scheduling Conference was previously VACATED.
4 The Pretrial Schedule governing this action is set forth in the far-right column
5 labeled “Court Order” located on the Schedule of Pretrial and Trial Dates Worksheet,
6 which accompanies this Order. The Worksheet states whether the trial will be by jury
7 or court. If the parties1 seek to set additional dates, they may file a Stipulation and
8 Proposed Order. This may be appropriate in class actions, patent cases, or cases for
9 benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”).
10 The parties are advised that the discovery cut-off date is the last day by which all
11 depositions must be completed, responses to previously served written discovery
12 must be provided, and motions concerning discovery disputes must be heard, not
13 filed. In other words, any motion challenging the adequacy of discovery responses
14 must be filed timely, served, and calendared sufficiently in advance of the relevant
15 discovery cut-off date to permit the responses to be obtained before that date, if the
16 motion is granted.
17 The parties should refer to the Court’s Standing Order for requirements regarding
18 specific motions, discovery, certain types of filings, courtesy copies, emailing
19 signature items to Chambers, alternative dispute resolution, and other matters
20 pertaining to all cases. A copy of the Court’s Standing Order is available on Judge
21 Murillo’s webpage at https://apps.cacd.uscourts.gov/Jps/honorable-serena-r-murillo.
22 Both the Court and all counsel bear responsibility for the progress of litigation in this
23 Court.
24 “Counsel,” as used in this Order, includes parties appearing pro se.2
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26 1
The term “parties” includes unrepresented parties—that is parties without attorneys, also referred to as “pro
27 se litigants”—as well as counsel for represented parties.
2
This Court does not exempt pro se litigants from compliance with the Federal Rules of Civil Procedure, the
28 applicable Local Civil Rules of the Central District of California (“Local Civil Rules”), and this court’s
standing orders and online procedures and schedules. See Local Rules 1-3 and 83-2.2.3.
2
1 All emailed submissions to Chambers referred to in this Order must be in
2 Word format and emailed to
[email protected].
3 B. Final Pretrial Conference/Proposed Final Pretrial Conference
4 Order
5 The Court has set a Final Pretrial Conference (“FPTC”) pursuant to Federal Rule
6 of Civil Procedure 16 and Local Rule 16-8. The Court requires strict compliance with
7 Federal Rules of Civil Procedure 16 and 26, and Local Rule 16. Each party appearing
8 in this action must be represented at the FPTC by lead trial counsel.3 The parties must
9 be prepared to discuss streamlining the trial, including presentation of testimony by
10 deposition excerpts or summaries, time limits, stipulations to undisputed facts, and
11 qualification of experts by admitted resumes.
12 A proposed Final Pretrial Conference Order (“Proposed FPTCO”) shall be filed
13 and emailed to Chambers at least fourteen (14) days before the FPTC. A template for
14 the Proposed FPTCO is available on Judge Murillo’s webpage. The parties must use
15 this template.
16 In specifying the surviving pleadings under section 1, the parties are to state which
17 claims or counterclaims have been dismissed or abandoned (e.g., “Plaintiff’s second
18 cause of action for breach of fiduciary duty has been dismissed.”). Additionally, in
19 multiple-party cases where not all claims or counterclaims will be prosecuted against
20 all remaining parties on the opposing side, the parties are to specify to which party or
21 parties each claim or counterclaim is directed.
22 The parties must attempt to agree on and set forth as many uncontested facts as
23 possible. The Court will read the uncontested facts to the jury at the start of trial. A
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25 3
The Court has a strong commitment to fostering the development of new and diverse lawyers in the legal
26 community. Consequently, the Court strongly encourages litigants to provide opportunities for less
experienced lawyers or lawyers whose identities and/or backgrounds further the diversity of the legal
27 profession to participate in trial and in the FPTC, particularly where they contributed significantly to the
underlying issue or prepared the witness. Of course, the ultimate decision of who speaks on behalf of the
28 client is for the client and not the Court.
3
1 carefully drafted and comprehensively stated stipulation of facts will shorten the trial
2 and generally increase jury understanding of the case.
3 In drafting the factual issues in dispute, the parties must state issues in ultimate
4 fact form, not in the form of evidentiary fact issues. The issues of fact should track
5 the elements of a claim or defense on which the jury will be required to make
6 findings.
7 Issues of law should state legal issues on which the Court will be required to rule
8 during the trial and should not list ultimate fact issues to be submitted to the trier of
9 fact.
10 II. Trial Preparation
11 The parties must comply with Local Rule 16. Pursuant to Local Rule 16-2, lead
12 trial counsel for each party are required to meet and confer in person forty (40) days
13 in advance to prepare for the FPTC. The parties must comply with Local Rule 16-2,
14 except where the requirements set forth in this Order differ from or supplement those
15 contained in Local Rule 16. The Court may take the FPTC and trial off calendar or
16 impose other sanctions for failure to comply with these requirements.
17 A. Schedule for Filing Pretrial Documents
18 The schedule for filing pretrial documents is as follows:
19 At least twenty-eight (28) days before the FPTC:
20 o Motions in Limine
21 o Memoranda of Contentions of Fact and Law
22 o Witness list
23 o Joint Exhibit list
24 o Joint Status Report Regarding Settlement
25 o Proposed Findings of Fact and Conclusions of Law (bench trial only)
26 o Declarations containing Direct Testimony (bench trial only)
27 At least fourteen (14) days before the FPTC:
28 o Oppositions to Motions in Limine
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1 o Joint Proposed FPTCO
2 o Joint Agreed Upon Proposed Jury Instructions (jury trial only)
3 o Disputed Proposed Jury Instructions (jury trial only)
4 o Joint Proposed Verdict Forms (jury trial only)
5 o Joint Proposed Statement of the Case (jury trial only)
6 o Proposed Voir Dire Questions, if any (jury trial only)
7 o Evidentiary Objections to Declarations of Direct Testimony (bench
8 trial only)
9 All pretrial documents listed above, including any amended documents, shall be
10 filed and emailed in Word version to
[email protected] the day
11 they are due.
12 B. Requirements for Pretrial Documents
13 1. Motions in Limine
14 Motions in limine will be heard and ruled on at the FPTC. The Court may rule
15 orally instead of in writing. All motions in limine shall be filed and emailed to
16 Chambers at least twenty-eight (28) days before the FPTC. Oppositions shall be filed
17 and emailed to Chambers at least fourteen (14) days before the FPTC. There shall be
18 no replies. Motions in limine and oppositions must not exceed ten (10) pages in
19 length.
20 Before filing a motion in limine, the parties must meet and confer to determine
21 whether the opposing party intends to introduce the disputed evidence and attempt to
22 reach an agreement that would obviate the need for the motion. Motions in limine
23 should address specific issues (e.g., not “to exclude all hearsay”). Motions in limine
24 should not be disguised motions for summary adjudication of issues. No party may
25 file more than five (5) motions in limine without seeking leave from the Court to
26 do so.
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1 2. Witness Lists
2 Witness lists shall be filed and emailed to Chambers twenty-eight (28) days before
3 the FPTC. They must be in the format specified in Local Rule 16-5 and must include
4 for each witness (1) a brief description of the testimony; (2) the reasons the testimony
5 is unique and not redundant; and (3) a time estimate in hours for direct and cross-
6 examination. The parties must use the template posted to Judge Murillo’s webpage.
7 Any Amended Witness List must be filed and emailed to Chambers by 12:00 p.m.
8 (noon) on the Friday before trial.
9 3. Joint Exhibit List
10 The Joint Exhibit List shall be filed and emailed to Chambers twenty-eight (28)
11 days before the FPTC. It must be in the format specified in Local Rule 16-6 and shall
12 include additional columns stating any objections to authenticity and/or admissibility
13 and the reasons for the objections, as well as responses to the objections. The parties
14 must use the template posted to Judge Murillo’s webpage. Any Amended Joint
15 Exhibit List shall be filed and emailed to Chambers by 12:00 p.m. (noon) on the
16 Friday before trial.
17 4. Jury Instructions (Jury Trials Only)
18 Joint Proposed Jury Instructions shall be filed and emailed to Chambers no later
19 than fourteen (14) days prior to the FPTC. The parties must make every effort to
20 agree upon jury instructions before submitting proposals to the Court. The Court
21 expects the parties to agree on the substantial majority of instructions, particularly
22 when pattern or model jury instructions exist and provide a statement of applicable
23 law. The parties shall meet and confer regarding jury instructions according to the
24 following schedule:
25 Thirty-five (35) days before the FPTC: The parties shall exchange proposed
26 general and special jury instructions.
27 Twenty-eight (28) days before the FPTC: The parties shall exchange any
28 objections to the instructions.
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1 Twenty-one (21) days before the FPTC: The parties shall meet and confer
2 with the goal of reaching agreement on one set of Joint Proposed Jury
3 Instructions.
4 Fourteen (14) days before FPTC: The parties shall file and email to
5 Chambers: (1) their Joint Agreed Upon Proposed Jury Instructions and (2)
6 their Disputed Jury Instructions.
7 The parties shall file and email to Chambers clean and redline sets of: (1) their
8 Joint Agreed Upon Proposed Jury Instructions; and (2) their Disputed Jury
9 Instructions. The redline sets shall include all modifications made by the parties to
10 pattern or model jury instructions, any disputed language, and the factual or legal
11 basis for each party’s position as to each disputed instruction. Where appropriate, the
12 disputed instructions shall be organized by subject, so that instructions that address
13 the same or similar issues are presented sequentially. If there are excessive or
14 frivolous disagreements over jury instructions, the Court will order the parties to
15 meet and confer immediately until they substantially narrow their disagreements.
16 Sources: When the Manual of Model Jury Instructions for the Ninth
17 Circuit4 provides an applicable jury instruction, the parties should submit the most
18 recent version, modified and supplemented to fit the circumstances of the case.
19 Where California law applies, the parties should use the current edition of the
20 Judicial Council of California Civil Jury Instructions5 (“CACI”). If neither applies,
21 the parties should consult the current edition of O’Malley, et al., Federal Jury
22 Practice and Instructions. The parties may submit alternatives to these instructions
23 only if there is a reasoned argument that they do not properly state the law or are
24 incomplete. The Court seldom gives instructions derived solely from case law.
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The Manual of Model Jury Instructions for the Ninth Circuit may be found on the Ninth Circuit’s website at
28 https://www.ce9.uscourts.gov/jury-instructions/model-civil.
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The CACI may be found on the California Court website at https://www.courts.ca.gov/partners/317.htm.
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1 Format: Each requested instruction shall: (1) cite the authority or source
2 of the instruction; (2) be set forth in full; (3) be on a separate page; (4) be numbered;
3 (5) cover only one subject or principle of law; and (6) not repeat principles of law
4 contained in any other requested instruction. If a standard instruction has blanks or
5 offers options (e.g., for gender6), the parties must fill in the blanks or make the
6 appropriate selections in their proposed instructions.
7 Index: All proposed jury instructions must have an index that includes
8 the following for each instruction, as illustrated in the example below:
9 the number of the instruction;
10 the title of the instruction;
11 the source of the instruction and any relevant case citations; and
12 the page number of the instruction.
13 Example:
14 Instruction
15 Number Title Source Page Number
16 1 Trademark- 9th Cir. 8.5.1 1
Defined
17 (15.U.S.C. §
18 1127)
19 Counsel also shall list the instructions in the order they will be given and indicate
20 whether the instruction shall be read before opening statements, during trial, or before
21 closing arguments.
22 During the trial and before closing argument, the Court will meet with the parties
23 to settle the instructions. At that time, the parties will have an opportunity to make an
24 oral record concerning their objections. Each member of the jury will be given their
25 own copy of the instructions during deliberations.
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Per the Court’s Standing Order, litigants and counsel may indicate their honorifics by filing a letter, adding
28 the information in the name block or signature line of the pleadings, or verbally informing the Court when
making an appearance.
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1 5. Joint Verdict Forms (Jury Trials Only)
2 The parties shall make every effort to agree on a general or special verdict form
3 before submitting proposals to the Court. The parties shall file and email to Chambers
4 a proposed joint general or special verdict form fourteen (14) days before the FPTC.
5 If the parties are unable to agree on a verdict form, the parties shall file and email to
6 Chambers one document titled “Competing Verdict Forms” which shall include: (1)
7 the parties’ respective proposed verdict form; (2) a redline of any disputed language;
8 and (3) the factual or legal basis for each party’s respective position. The Court may
9 opt to use a general verdict form if the parties are unable to agree on a special verdict
10 form.
11 6. Joint Statement of the Case (Jury Trials Only)
12 The parties shall file and email to Chambers a Joint Statement of the Case
13 fourteen (14) days before the FPTC for the Court to read to the prospective jurors
14 before commencement of voir dire. The joint statement should be brief and neutral
15 and must not be more than one page in length.
16 7. Proposed Voir Dire Questions (Jury Trials Only)
17 The Court will conduct the voir dire. Generally, a jury in a civil action will consist
18 of eight (8) jurors. In most cases, the Court will question all prospective jurors in the
19 jury panel. The Court asks prospective jurors basic biographical questions (jurors’
20 place of residence, employment, whether familiar with the parties or counsel, etc.) as
21 well as questions going to their ability to be fair and impartial and carry out the duties
22 required and may ask additional case-specific questions. The parties may file and
23 email to Chambers any proposed case-specific voir dire questions for the Court’s
24 consideration no later than fourteen (14) days before the FPTC. If it considers the
25 questions proper, the Court will pose the questions to the prospective jurors.
26 Each side has three (3) peremptory challenges. All challenges for cause and all
27 Batson challenges shall be made at side bar or otherwise outside the prospective
28 jurors’ presence. The Court will not necessarily accept a stipulation to a challenge for
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1 cause. After all challenges have been exercised, the remaining jurors in the eight (8)
2 lowest numbered seats will be the jury.
3 8. Proposed Findings of Fact and Conclusions of Law (Bench
4 Trials Only)
5 For any trial requiring findings of fact and conclusions of law, each party shall file
6 and email to Chambers its Proposed Findings of Fact and Conclusions of Law in the
7 format specified in Local Rule 52-3 no later than twenty-eight (28) days before the
8 FPTC.
9 Notwithstanding Local Rule 52, for any matter requiring findings of fact and
10 conclusions of law, unless otherwise expressly ordered by the Court, counsel will
11 also be required to file Proposed Findings of Fact and Conclusions of Law after the
12 conclusion of the trial. The proposed Findings of Fact must include citations to
13 admitted evidence. Where witness trial testimony is necessary to establish a given
14 fact, the party must obtain a transcript of the proceedings and file relevant excerpts of
15 those transcripts with the Proposed Findings of Fact and Conclusions of Law. In
16 addition to filing, counsel must email Microsoft Word versions of their Proposed
17 Findings of Fact and Conclusions of Law to the chambers email address.
18 9. Declarations of Direct Testimony (Bench Trials Only)
19 When ordered by the Court in a particular case, each party shall file and email to
20 Chambers declarations containing the direct testimony of each witness whom that
21 party intends to call at trial at least twenty-eight (28) days before the FPTC. If such
22 declarations are filed, each party shall file and email to Chambers any evidentiary
23 objections to the declarations submitted by any other party at least fourteen (14) days
24 before the FPTC. Such objections shall be submitted in the following three-column
25 format: (1) the left column should contain a verbatim quote of each statement
26 objected to (including page and line number); (2) the middle column should set forth
27 a concise legal objection (e.g., hearsay, lacks foundation, etc.) with a citation to the
28 corresponding Federal Rule of Evidence or, where applicable, a case citation; and (3)
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1 the right column should provide space for the Court’s ruling on the objection. The
2 Court anticipates issuing its ruling on the objections during the FPTC.
3 10. Case-Specific Glossary
4 The parties must provide a case-specific glossary for the Court Reporter that
5 includes applicable medical, scientific, or technical terms, jargon, the names and
6 spellings of case names likely to be cited, street/city/country names, all
7 parties/agents/departments/entities involved in the case, names of people
8 interviewed/deposed, names of other individuals who might be mentioned, and other
9 case-specific terminology. The case-specific glossary shall be filed and emailed in
10 Word version to Chambers no later than the Friday before trial.
11 III. Trial Exhibits
12 Trial exhibits that consist of documents and photographs must be submitted to the
13 Court in three-ring binders on the first day of trial promptly at 8:30 a.m. The parties
14 shall submit to the Court four (4) sets of binders: one (1) original set of trial exhibits,
15 and two (2) copies of trial exhibits. The original set of exhibits shall be for use by the
16 jury during its deliberations, one copy will be for witnesses, and two copies are for
17 the Court. The parties must prepare additional copies of exhibits for their own use.
18 The parties must review the exhibit list and exhibit binders with the Courtroom
19 Deputy 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
21 tabs or dividers on the right side. All exhibit tabs are to be stapled to the first page of
22 the exhibit. Exhibits shall be numbered sequentially 1, 2, 3, etc., not 1.1, 1.2, etc. See
23 Local Rule 16-6. Every page of a multi-page exhibit must be numbered. Defendant’s
24 exhibit numbers shall not duplicate Plaintiff’s numbers. The spine of each binder
25 shall indicate the volume number and the range of exhibit numbers included in the
26 volume.
27 The original exhibits shall bear the official exhibit tags (yellow tags for
28 Plaintiff’s exhibits, blue tags for Defendant’s exhibits, and green tags for
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1 joint exhibits) affixed to the front upper right-hand corner of the exhibit,
2 with the case number, case name, and exhibit number stated on each tag.
3 Tags may be obtained from the Clerk’s Office, or the parties may print their
4 own exhibit tags using Forms G-14A and G-14B on the “Court Forms”
5 section of the Central District of California’s website.
6 For electronic exhibits, the parties should provide a physical caption page
7 with the exhibit tag and attach the physical flash drive or CD containing the
8 electronic exhibits. If there are voluminous electronic exhibits, the parties
9 should raise the issue with the Court at the Final Pretrial Conference.
10 The copies of exhibits must bear copies of the official exhibit tags that were
11 placed on the original exhibits and be indexed with tabs or dividers on the
12 right side. For electronic exhibits, the copies should not include any
13 physical flash drives or CDs.
14 In addition to the four (4) sets of binders above, the parties must also submit to the
15 Court a USB flash drive containing electronic versions of all exhibits and any
16 excerpts of deposition transcripts to be used at trial, either as evidence or for
17 impeachment. The USB flash drive must be delivered to the judge’s courtesy box
18 located outside the Clerk’s Office on the Fourth Floor of the courthouse by 12:00
19 p.m. on Friday, three (3) days before the start of trial. Plaintiff’s exhibits must be
20 placed in a separate folder from Defendant’s exhibits, and the document file names
21 must include the exhibit number and a brief description of the document (e.g., “Ex. 1
22 – Smith Declaration.pdf” or “Ex. 105 –Letter Dated 1-5-20.pdf”).
23 The Court provides audio/visual equipment for use during trial. The parties are
24 encouraged to use it. More information is available at:
25 http://www.cacd.uscourts.gov/clerk-services/courtroom-technology. The Court does
26 not permit exhibits to be “published” to the jurors before they are admitted into
27 evidence. Once admitted, exhibits may be displayed electronically using the
28 equipment and screens in the courtroom.
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1 If electronic equipment must be brought into the courtroom for trial, counsel shall
2 make prior arrangements with the Court Security. Notice must be given to the
3 Courtroom Deputy at
[email protected] no later than four (4) days
4 before trial.
5 The parties must meet and confer no later than ten (10) days before trial to
6 stipulate as much as possible to foundation, waiver of the best evidence rule, and
7 exhibits that may be received into evidence at the start of the trial. All such exhibits
8 should be noted as admitted on the Court and Courtroom Deputy’s copy of the
9 exhibit list.
10 IV. Materials to Present on First Day of Trial
11 The parties must present the following materials to the Courtroom Deputy on the
12 first day of trial promptly at 8:30 a.m.:
13 1. The four sets of binders described above, with one (1) original set of trial
14 exhibits for the jury, and three (3) copies of trial exhibits for the Court and
15 witnesses.
16 2. One copy of any excerpts of deposition to be used as trial as evidence. This
17 copy is for the Court’s use. The parties must use their own copies during
18 trial.
19 V. Court Reporter
20 Any party requesting special court reporter services for any hearing, such as “Real
21 Time” transmission or daily transcripts, shall notify Court Reporting Services at least
22 fourteen (14) days before the hearing date.7
23 VI. Daily Schedule for Jury Trials
24 On the first day of trial, the parties must appear at 9:00 a.m. to discuss preliminary
25 matters with the Court. The hours for the first day of trial will be 9:00 a.m. to 4:30
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28 Additional information regarding Court Reporting Services may be found on the Central District of
California website at http://www.cacd.uscourts.gov/court-reporting-services.
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1 p.m. with two (2) 15-minute breaks and one (1) 1-hour lunch break, which is the
2 Court’s normal trial schedule.
3 The Court will call a jury panel only when it is satisfied the case is ready for trial.
4 Jury selection usually takes only a few hours. The parties should be prepared to
5 proceed with opening statements and witness examination immediately after jury
6 selection.
7 The parties may choose to proceed with the Court’s normal trial schedule or an
8 alternate schedule for the remaining days of trial. The alternate schedule will be 8:30
9 a.m. to 2:30 p.m. with two (2) 20-minute breaks. The parties should meet and confer
10 about their preferred schedule and state their preference in their proposed FPTCO.
11 Wednesdays are usually reserved for the Court’s calendar. As a result, trial will
12 not be held on Wednesdays unless the jury is deliberating or the Court’s calendar
13 allows trial to proceed. Therefore, trial days are generally Monday, Tuesday,
14 Thursday, and Friday.
15 VII. Conduct of Attorneys and Parties
16 A. Meeting and Conferring Throughout Trial
17 The parties must continue to meet and confer on all issues that arise during trial.
18 The Court will not rule on any such issue unless the parties have attempted to resolve
19 it first.
20 B. Opening Statements, Witness Examinations, and Closing
21 Arguments
22 Counsel must use the lectern. Counsel should not consume jury time by writing
23 out words and drawing charts or diagrams. All such aids must be prepared in advance.
24 When appropriate, the Court will establish and enforce time limits for all phases of
25 trial, including opening statements, closing arguments, and the examination of
26 witnesses.
27 C. Objections to Questions
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1 Counsel must not make speaking objections before the jury or otherwise make
2 speeches, restate testimony, or attempt to guide a witness.
3 When objecting, counsel must rise to state the objection and state only that
4 counsel objects and the legal grounds for the objection. If counsel wishes to argue an
5 objection further, counsel must seek permission from the Court to do so.
6 D. Court’s Rulings on Motions in Limine
7 The parties must advise their witnesses of the Court’s rulings on the motions in
8 limine and instruct them not to make any reference to the evidence excluded by the
9 Court’s orders. All witnesses shall be instructed that to the extent that a witness must
10 testify regarding excluded evidence in order to answer a question truthfully, the
11 witness should not answer the question but request a sidebar by stating “Sidebar
12 needed.” The parties must not make any reference to the Court’s orders on the
13 motions in limine before the jury.
14 E. Closing Arguments and Post-Trial Briefs (Bench Trials Only)
15 For an overview and review of the evidence presented during trial, the Court will
16 rely on the parties’ closing arguments. In delivering closing arguments, the parties
17 shall use their respective proposed findings of fact and conclusions of law as a
18 “checklist” and should identify the evidence that supports their proposed findings.
19 The Court will not accept post-trial briefs unless it finds that circumstances warrant
20 additional briefing, and such briefing is specifically authorized.
21 F. General Decorum While in Session
22 1. Counsel must not approach the Courtroom Deputy, the jury box, or the
23 witness stand without court authorization and must return to the lectern
24 when the purpose for the approach has been accomplished.
25 2. Counsel must rise when addressing the Court, and when the Court or the
26 jury enters or leaves the courtroom, unless directed otherwise.8
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28 In the event that a disability prevents a party from doing so, the party is advised to inform the Court in
advance.
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1 3. Counsel must address all remarks to the Court. Counsel must not address
2 the Courtroom Deputy, the court reporter, persons in the audience, or
3 opposing counsel. Any request to re-read questions or answers shall be
4 addressed to the Court. Counsel must ask the Court’s permission to speak
5 with opposing counsel.
6 4. Counsel must not address or refer to witnesses or parties by first names
7 alone, except for witnesses who are below age fourteen (14).
8 5. Counsel must not offer a stipulation unless counsel have conferred with
9 opposing counsel and have verified that the stipulation will be acceptable.
10 6. Counsel must not leave counsel table to confer with any person in the back
11 of the courtroom without the Court’s permission.
12 7. Counsel must not make facial expressions, nod, shake their heads,
13 comment, or otherwise exhibit in any way any agreement, disagreement, or
14 other opinion or belief concerning the testimony of a witness or argument
15 by opposing counsel. Counsel shall instruct their clients and witnesses not
16 to engage in such conduct.
17 8. Counsel must never speak to jurors under any circumstance, and must not
18 speak to co-counsel, opposing counsel, witnesses, or clients if the
19 conversation can be overheard by jurors. Counsel must instruct their clients
20 and witnesses to avoid such conduct.
21 9. Where a party has more than one lawyer, only one attorney may conduct the
22 direct or cross-examination of a particular witness or make objections as to
23 that witness.
24 10. Bottled water is permitted in the courtroom. Food and other beverages are
25 not permitted. Cell phones must be silenced or may be confiscated.
26 G. Punctuality
27 1. The Court expects the parties, counsel, and witnesses to be punctual. Once
28 the parties and their counsel are engaged in trial, the trial must be their
16
1 priority. The Court will not delay progress of the trial or inconvenience
2 jurors.
3 2. If a witness was on the stand at the time of a recess or adjournment, the
4 party that called the witness shall ensure the witness is back on the stand
5 and ready to proceed as soon as trial resumes.
6 3. The parties must notify the Courtroom Deputy in advance if any party,
7 counsel, or witness requires a reasonable accommodation based on a
8 disability or other reason.
9 4. No presenting party may be without witnesses. If a party’s remaining
10 witnesses are not immediately available, thereby causing an unreasonable
11 delay, the Court may deem that party to have rested.
12 5. The Court generally will accommodate witnesses by permitting them to be
13 called out of sequence. Counsel should meet and confer in advance and
14 make every effort to resolve the matter.
15 H. Exhibits
16 1. Counsel must keep track of their exhibits and exhibit list, and record when
17 each exhibit has been admitted into evidence.
18 2. Counsel are responsible for any exhibits they secure from the Courtroom
19 Deputy and must return them before leaving the courtroom.
20 3. Any exhibit not previously marked must be accompanied by a request that it
21 be marked for identification at the time of its first mention. Counsel must
22 show a new exhibit to opposing counsel before the court session in which it
23 is mentioned.
24 4. Counsel must inform the Courtroom Deputy of any agreements reached
25 regarding any proposed exhibits, as well as those exhibits that may be
26 received into evidence without a motion to admit.
27 5. When referring to an exhibit, counsel must refer to its exhibit number.
28 Counsel should instruct their witnesses to do the same.
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1 6. Counsel should not ask witnesses to draw charts or diagrams or ask the
2 Court’s permission for a witness to do so. All demonstrative aids must be
3 prepared fully in advance of the day’s trial session.
4 7. Counsel are required to seek to admit any items of evidence whose
5 admissibility has not yet been stipulated to while the witness authenticating
6 the exhibit is on the stand, so that any issues or concerns that arise may be
7 addressed immediately.
8 I. Depositions
9 1. In using deposition testimony of an adverse party for impeachment, counsel
10 may adhere to either one of the following procedures:
11 a. If counsel wishes to read the questions and answers as alleged
12 impeachment and ask the witness no further questions on that subject,
13 counsel shall first state the page and line where the reading begins
14 and the page and line where the reading ends and allow time for any
15 objection. Counsel may then read the portions of the deposition into
16 the record.
17 b. If counsel wishes to ask the witness further questions on the subject
18 matter, the deposition shall be placed in front of the witness and the
19 witness told to read the relevant pages and lines silently. Then,
20 counsel either may ask the witness further questions on the matter
21 and thereafter read the quotations or read the quotations and
22 thereafter ask further questions. Counsel should have available for
23 the Court and the witness extra copies of the deposition transcript for
24 this purpose.
25 2. Where a witness is absent and the witness’s testimony is to be offered by
26 deposition, counsel may: (1) have an individual sit on the witness stand and
27 read the testimony of the witness while the examining lawyer asks the
28 questions; or (2) have counsel read both the questions and the answers.
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3 J. Using Numerous Answers to Interrogatories and Requests for
4 Admission
5 Whenever counsel expects to offer a group of answers to interrogatories or
6 requests for admissions extracted from one or more lengthy discovery responses,
7 counsel should prepare a new document listing each question and answer and
8 identifying the document from which it has been extracted. Copies of this new
9 document must be provided to the Court and the opposing party.
10 K. Advance Notice of Unusual or Difficult Issues
11 If any party anticipates that a difficult question of law or evidence will necessitate
12 legal argument requiring research or briefing, that party must give the Court advance
13 notice. The parties must notify the Courtroom Deputy immediately of any unexpected
14 legal issue that could not have been foreseen and addressed in advance. To the extent
15 such issue needs to be addressed outside the jury’s presence, the relevant party must
16 inform the Courtroom Deputy before jurors are excused for the day to minimize the
17 time jurors are kept waiting. The Court expects all parties to work diligently to
18 minimize delays and avoid keeping jurors waiting.
19 L. Continuances of Pretrial and Trial Dates
20 The Court has a strong interest in keeping scheduled dates certain. Accordingly,
21 pretrial and trial dates set by the Court are firm, and rarely will be changed. Any
22 request for continuance of pretrial and/or trial dates must be by motion, stipulation, or
23 application, and must be supported by a declaration setting forth the reasons for the
24 requested relief. The declaration must contain a highly detailed factual showing of
25 good cause and due diligence demonstrating the necessity for the continuance and a
26 description of the parties’ efforts, dating back to the filing of the complaint, of the
27 steps they have taken to advance the litigation. This detailed showing must
28 demonstrate that the work still to be performed reasonably could not have been
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1 accomplished within the applicable deadlines. General statements are insufficient to
2 establish good cause. The declaration should also include whether any previous
3 requests for continuances have been made and whether these requests were granted or
4 denied by the Court.
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6 Stipulations extending dates set by the Court are not effective unless approved by
7 the Court, and without compelling factual support and a showing of due diligence,
8 stipulations continuing dates set by the Court will be denied.
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10 IT IS SO ORDERED.
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12 Dated: ___________________________________
HON. SERENA R. MURILLO
13 UNITED STATES DISTRICT JUDGE
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DISTRICT JUDGE SERENA R. MURILLO
SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET
Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report.
The parties must make every effort to agree on dates or the court will set them.
Case No. Case Name:
Court Order
Trial and Final Pretrial Conference Dates
mm/dd/yyyy
Check one: ☐ Jury Trial or ☐ Bench Trial
[Tuesday at 9:00 a.m. within 12-15 months of Scheduling Conference based on complexity]
Estimated Duration: _______ Days
Final Pretrial Conference (“FPTC”) [L.R. 16], Hearing on Motions in Limine
[Wednesday at 2:00 p.m. at least 19 days before trial]
Event
Pl(s)’ Date
Note: Hearings shall be on Wednesdays at 1:30 p.m. Time Computation
mm/dd/yyyy
Other dates can be any day of the week.
Last Date to Hear Motion to Amend Pleadings or Add Parties 6 weeks after
[Wednesday] scheduling conference
Fact Discovery Cut-Off
24 weeks before FPTC
(no later than deadline for filing dispositive motion)
Expert Disclosure (Initial) 23 weeks before FPTC
Expert Disclosure (Rebuttal) 21 weeks before FPTC
Expert Discovery Cut-Off 19 weeks before FPTC
Last Date to Hear Motions [Wednesday]
Parties shall take note of the Court’s briefing schedule as set forth 12 weeks before FPTC
in the Civil Standing Order, found on Judge Murillo’s website
Deadline to Complete Settlement Conference [L.R. 16-15]
Select one: ☐ 1. Magistrate Judge 10 weeks before FPTC Select deadline and settlement
☐ 2. Court Mediation Panel method.
☐ 3. Private Mediation
Trial Filings (first round)
Motions in Limine
Memoranda of Contentions of Fact and Law [L.R. 16-4]
Witness Lists [L.R. 16-5]
Joint Exhibit List [L.R. 16-6.1]
Joint Status Report Regarding Settlement
4 weeks before FPTC
Proposed Findings of Fact and Conclusions of Law [L.R. 52]
(bench trial only)
Declarations containing Direct Testimony, if ordered (bench trial
only)
Trial Filings (second round)
Oppositions to Motions in Limine
Joint Proposed Final Pretrial Conference Order [L.R. 16-7]
Joint Agreed Upon Proposed Jury Instructions (jury trial only)
Disputed Proposed Jury Instructions (jury trial only)
Joint Proposed Verdict Forms (jury trial only)
2 weeks before FPTC
Joint Proposed Statement of the Case (jury trial only)
Proposed Voir Dire Questions, if any (jury trial only)
Evidentiary Objections to Declarations of Direct Testimony
(bench trial only)
