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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 UNITED STATES OF AMERICA, Case No. 0:00-cr-00000-CV
12 Plaintiff,
STANDING ORDER FOR CRIMINAL
13 v.
CASES ASSIGNED TO JUDGE
14 VALENZUELA
DEFENDANT, et al.,
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Defendant/s.
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18 PLEASE READ THIS ORDER CAREFULLY. IT GOVERNS THE CASE
19 AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. PLEASE
20 BE SURE TO USE THE MOST UPDATED VERSION LOCATED ON JUDGE
21 VALENZUELA’S WEBPAGE.1
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Judge Valenzuela’s webpage can be found at
28 https://www.cacd.uscourts.gov/honorable-cynthia-valenzuela
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1 CONTENTS
2 I. INTRODUCTION................................................................................................. 4
3 II. GENERAL REQUIREMENTS ........................................................................... 4
4 A. Filings .............................................................................................................. 4
1. Formatting ................................................................................................ 4
5 2. Warning re: Filing Under Seal ................................................................. 5
6 B. Chambers Courtesy Copies ............................................................................ 6
C. Calendar Conflicts ........................................................................................... 6
7 D. Attorney of Record at Hearings....................................................................... 7
8 III. PRE-TRIAL PROCEDURES .............................................................................. 7
9 A. Continuances ................................................................................................... 7
B. Motions ............................................................................................................ 8
10 C. Ex Parte Applications...................................................................................... 9
11 D. Motions in Limine.......................................................................................... 10
E. Notice and Discovery .................................................................................... 11
12 F. Bail Review ................................................................................................... 12
13 IV. PLEA AGREEMENTS ....................................................................................... 12
14 A. Digital Courtesy Copy ................................................................................... 12
B. Rule 11 Hearing ............................................................................................. 12
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V. TRIAL PROCEDURES...................................................................................... 13
16 A. Final Pretrial Conference Requirements ....................................................... 13
17 1. Trial Memorandum ................................................................................ 14
2. Witness Lists .......................................................................................... 14
18 3. Exhibit Lists ........................................................................................... 14
19 4. Case-Specific Glossary .......................................................................... 15
5. Jury Instructions..................................................................................... 15
20 6. Joint Verdict Form ................................................................................. 17
21 7. Proposed Voir Dire Questions ............................................................... 17
B. Trial Requirements ........................................................................................ 17
22 1. Timing of Government Materials .......................................................... 18
23 2. Timing of Defense Materials ................................................................. 18
3. Trial Exhibits ......................................................................................... 19
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VI. CONDUCT OF ATTORNEYS AND PARTIES ............................................... 21
25 A. Meeting and Conferring Throughout Trial.................................................... 21
26 B. Opening Statements, Witness Examinations, and Summation ..................... 21
C. Objections to Questions ................................................................................. 21
27 D. Special Accommodations .............................................................................. 22
28 E. General Decorum While in Session .............................................................. 22
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1 F. Punctuality ..................................................................................................... 23
G. Exhibits .......................................................................................................... 24
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VII. SENTENCING .................................................................................................... 25
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1 I. INTRODUCTION
2 This action has been assigned to the calendar of United States District Judge
3 Cynthia Valenzuela. Both the Court and the parties’ counsel bear responsibility for the
4 progress of this action. To ensure the just determination of this action, “to secure
5 simplicity in procedure and fairness in administration, and to eliminate unjustifiable
6 expense and delay,” Fed. R. Crim. P. 2, all parties or their counsel, including pro se
7 (without an attorney) defendants,2 are ordered to be familiar with this Order, the
8 Federal Rules of Criminal Procedure, the Local Criminal Rules, the Local Civil Rules,
9 this Court’s online Procedures and Schedules, and the law governing the issues in this
10 case. 3
11 II. GENERAL REQUIREMENTS
12 A. Filings
13 1. Formatting
14 The captioned title of every filing shall contain:
15 a. the name of the first-listed defendant as well as the name(s) and
16 number(s) (in the order listed in the Indictment) of the particular
17 defendant(s) to whom the filing applies, unless the document applies to
18 all defendants;
19 b. the individual defendant’s registration number when applicable to the
20 relief requested (e.g., requests for transfer, medical requests); and
21 c. the milestone dates for Indictment, Final Pretrial Conference, Trial, and
22 Last Day of the speedy trial period.
23 All parties shall docket items only as to the particular defendant(s) to whom the
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Parties appearing pro se must comply with the Federal Rules of Civil Procedure and
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the Local Rules. Local Civil Rules 1-3 and 83-2.2.3.
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“When applicable directly or by analogy, the Local [Civil] Rules of the Central
27 District of California shall govern the conduct of criminal proceedings before the
28 District Court, unless otherwise specified.” Local Criminal Rule 57-1.
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1 item pertains, rather than all defendants, unless the item pertains to all. Except for
2 documents filed under seal or in camera, every document shall be filed electronically
3 in such a way that it is clear from the docketing entry to which defendant(s) it applies.
4 The outer envelope containing any document filed under seal or in camera should
5 identify the case title by the first-listed defendant and case number only and should
6 state that the document is being filed under seal or in camera.
7 Pursuant to Local Civil Rule 11-3.1.1, either a proportionally spaced or
8 monospaced face may be used. Typeface shall comply with Local Civil Rule 11-3.1.1.
9 Times New Roman font must be no less than fourteen (14) point, and Courier font
10 must be no less than twelve (12) point. Footnotes shall be in the same font and the
11 same size as the text in the body of the document.
12 Each declaration, exhibit, or other attachment accompanying a document must
13 be filed as a separately docketed attachment to the main docket entry with a clear
14 description (e.g., Dkt. 29-1, Smith Decl.; Dkt. 29-2, Ex. 1: Photograph).
15 Proposed orders must state the relief sought, the defendant(s) affected, and,
16 when relevant, the supporting rationale and authority—and must be submitted in a
17 form that would originate from the Court. Do not include: (a) any attorney information
18 on the caption page; (b) any information in the footer (except pagination); or (c) any
19 watermark or firm designation anywhere.
20 Counsel must follow the Central District’s Local Rules and General Orders
21 concerning electronic filing, unless superseded by this Order. Counsel shall adhere to
22 Local Civil Rule 5-4.3 with respect to the conversion of all documents to .pdf so that
23 when a document is e-filed, it is in the proper size and is .pdf searchable. Further, all
24 documents shall be filed in a format so that text can be selected, copied, and pasted
25 directly from the document. See Local Civil Rule 5-4.3.1.
26 2. Warning re: Filing Under Seal
27 Parties should pay close attention to the title in the caption of every document
28 submitted to the Court for filing under seal. The title of the document will become part
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1 of the public docket text when it is entered on the docket, even though the document
2 itself will be sealed. If the title of the document contains confidential information that
3 should not be reflected on the public docket, parties must submit the document with
4 two cover sheets. The first cover sheet must contain a generic title (e.g.: “SEALED
5 APPLICATION”; “SEALED MOTION”; “SEALED PROPOSED ORDER”; or
6 “SEALED DOCUMENT”), rather than the actual title of the document. The second
7 cover sheet must contain the full, unredacted title of the document. Docket entries for
8 documents filed under seal will include only the generic title. All documents
9 pertaining to the notice of manual filing must be emailed to the chambers email
10 address:
[email protected]. Additional information is available at:
11 https://www.cacd.uscourts.gov/court-procedures/filing-procedures/criminal-filing-
12 procedures.
13 B. Chambers Courtesy Copies
14 The processing of unnecessary chambers copies wastes resources and burdens
15 the Court. Chambers copies should not be submitted unless requested. This order,
16 however, is not intended to affect the parties’ ability to file and lodge documents and
17 materials that are exempt from electronic filing under Local Criminal Rule 49-1.2.
18 The Court refers the parties to the trial requirements listed below for details
19 regarding mandatory chambers copies of trial exhibits.
20 C. Calendar Conflicts
21 If any counsel discovers a calendar conflict with a scheduled appearance in a
22 court of a more senior district judge, counsel must inform opposing counsel and the
23 Courtroom Deputy Clerk (“CRD”) via chambers email address
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[email protected]) as soon as possible and not later than three (3)
25 business days before the scheduled appearance. Counsel must email the CRD to
26 indicate the time of the appearance, the case name, and the name of the other judge.
27 Counsel should appear before the most senior judge first and request priority.
28 On the day of the appearance, if possible, ask the other judge’s CRD to update Judge
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1 Valenzuela’s CRD as to when counsel is likely to be released from the other judge’s
2 courtroom.
3 D. Attorney of Record at Hearings
4 The Court requires an attorney of record to appear at all hearings and will not
5 permit others to stand in on his or her behalf. If an attorney of record cannot appear at
6 a scheduled hearing due to unforeseen circumstances, the parties should attempt to
7 agree on a new date to accommodate the calendar conflict. Counsel must propose a
8 new date by Stipulation and [Proposed] Order as soon as possible and preferably not
9 later than three (3) business days before the scheduled appearance.
10 III. PRE-TRIAL PROCEDURES
11 A. Continuances
12 Requests for continuances of pretrial and trial dates must be by motion,
13 stipulation, or application. Each request must include a detailed factual showing of
14 good cause and due diligence demonstrating the necessity for the continuance, stating
15 whether any previous requests for continuances have been made and whether these
16 requests were granted or denied by the Court. The Court will not grant requests to
17 continue pretrial and trial dates absent the detailed showing. General statements are
18 insufficient to establish good cause.
19 To the extent the request to continue dates is joint, it should state clearly that
20 the government and defendant(s) agree. To the extent the action is complex, one or
21 more parties require additional time to prepare for trial, or other circumstances apply
22 necessitating a continuance, the request should so state and describe in detail. A list of
23 counsel’s upcoming scheduled trials in other actions will not support a showing of
24 good cause absent the following information regarding each such action listed: (1) the
25 case name, case number, court where the action is pending, and the initials of the
26 district judge or name of the state court judge assigned to the action; (2) the age of the
27 action; (3) the nature of the offense(s) charged and complexity of the action; (4) the
28 scheduled trial date; (5) the estimated length of trial; (6) the number of continuances
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1 previously granted; (7) the parties’ trial readiness; (8) the estimated likelihood a future
2 continuance will be requested; and (9) the likelihood the trial will proceed on the
3 scheduled date.
4 Counsel shall file requests for continuance of trial at least one (1) week prior to
5 the Final Pretrial Conference. A request to continue dates that have already expired
6 constitutes a presumptive lack of due diligence. Requests extending dates set by the
7 Court are not effective unless approved by the Court.
8 B. Motions
9 Motions shall be filed in accordance with Fed. R. Crim. P. 47 and Local
10 Criminal Rule 49, et seq., unless superseded by this Order. Counsel must meet and
11 confer with opposing counsel “to discuss thoroughly … the substance of the
12 contemplated motion and any potential resolution” thereof. Local Criminal Rule 57-1;
13 Local Civil Rule 7-3. Counsel shall discuss the issues to a sufficient degree that if a
14 motion is still necessary, the briefing may be directed to those substantive issues
15 requiring resolution by the Court.
16 The Court hears motions in criminal actions on Friday, beginning at 10:30 a.m.
17 Pretrial motions, including motions to suppress evidence, motions to bifurcate or
18 sever, and motions concerning character evidence under Fed. R. Evid. 404(b), shall be
19 noticed for a Friday that is mutually agreed to by counsel and that is not closed on the
20 Court’s calendar. Before filing a motion, the moving party should check the Court’s
21 webpage for available hearing dates. The parties should not calendar a matter on a
22 date that is closed on the Court’s webpage. If this occurs, the court will re-calendar the
23 matter for another day. Pretrial motions that require an evidentiary hearing shall be
24 noticed for a non-Friday that is mutually agreed to by counsel and that is cleared with
25 the Courtroom Deputy Clerk before the filing of the motion. For all motions other
26 than motions in limine, the briefing schedule is as follows:
27 motions shall be filed five (5) weeks prior to the hearing;
28 oppositions or notices of non-opposition shall be filed three (3) weeks
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1 prior to the hearing; and
2 replies, if any, shall be filed two (2) weeks prior to the hearing.
3 All motions must be properly noticed for hearing no later than the date of the Final
4 Pretrial Conference.
5 The parties should not calendar a matter on a Friday that is a Court holiday. If
6 this occurs, the Court will re-calendar the matter for another Friday. The parties must
7 adhere to the briefing schedule set forth herein to afford the Court adequate time to
8 prepare for the hearing; however, the parties may stipulate to an alternate briefing
9 schedule contingent upon approval by the Court. Failure to comply with these
10 deadlines may result in the Court declining to consider the untimely memorandum or
11 other document. Local Criminal Rule 57-1; Local Civil Rule 7-12.
12 Memoranda of points and authorities in support of or in opposition to motions
13 (besides motions in limine) shall not exceed 7,000 words. See Local Rule 11-6.1. A
14 handwritten brief or a brief prepared using a typewriter may not exceed 25 pages,
15 excluding the caption (if on a separate cover page), the table of contents, the table of
16 authorities, the signature block, and any indices and exhibits. All submitted briefs
17 must be accompanied by a Certificate of Compliance as set forth in Local Civil Rule
18 11-6.2. Replies shall not exceed 4,200 words or fifteen (15) pages for handwritten
19 briefs and briefs prepared using a typewriter. Only in rare instances and for good
20 cause shown will the Court grant an application to extend these word and page
21 limitations. No supplemental brief shall be filed without prior leave of Court.
22 C. Ex Parte Applications
23 Ex parte applications are disfavored. The Court considers ex parte applications
24 on the papers and does not usually set these matters for hearing. If a hearing is
25 necessary, the parties will be notified. Ex parte applications are solely for
26 extraordinary relief and should be used with discretion. Sanctions may be imposed for
27 misuse of ex parte applications. See Mission Power Eng’g Co. v. Cont’l Cas. Co., 883
28 F. Supp. 488 (C.D. Cal. 1995).
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1 Ex parte applications that fail to conform to Local Civil Rules 7-19 and 7-19.1,
2 including a statement of opposing counsel’s position, will not be considered except
3 upon a specific showing of good cause. The moving party shall serve the opposing
4 party electronically, if possible. A party is considered served once the ex parte
5 application has been e-filed. All parties registered for electronic service are sent a
6 notification of ECF filing each time a document is e-filed with a link to the document
7 for one free view. Defendants exempt from electronic service must be served the ex
8 parte application by facsimile or personal service. See Local Criminal Rules 49-1.2,
9 49-1.3.2(b); Local Civil Rule 5-3.
10 Following service of the ex parte application by electronic, facsimile, or
11 personal service, the moving party shall notify the opposing party that any opposition
12 must be filed no later than twenty-four (24) hours following service. Counsel will be
13 notified by ECF of the Court’s ruling. If a party does not intend to oppose an ex parte
14 application, counsel must promptly inform the Courtroom Deputy Clerk.
15 Ex parte applications to allow defendants to travel should be made well in
16 advance of the proposed date of travel. Counsel should state whether the Pretrial
17 Services Officer has approved the travel, and what, if any, conditions the Pretrial
18 Services Officer has proposed. Applications by defendants with appointed counsel
19 must indicate who will pay for the travel and related expenses. If these expenses are
20 not to be paid by the defendant’s employer, the Court may require declarations under
21 penalty of perjury from the persons paying the expenses.
22 D. Motions in Limine
23 Motions in limine fall outside the scope of Fed. R. Crim. P. 12 and address only
24 the admission or exclusion of evidence at trial. Motions in limine will generally be
25 heard and ruled upon at the Final Pretrial Conference. The Court may rule orally
26 instead of in writing. Each side is limited to five (5) motions in limine unless the Court
27 grants leave to file additional motions.
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1 All motions in limine must be filed at least twenty-eight (28) days before the
2 Final Pretrial Conference. Oppositions must be filed at least fourteen (14) days before
3 the Final Pretrial Conference. There shall be no replies. Motions in limine and
4 oppositions must not exceed 2,800 words in length, or ten (10) pages for handwritten
5 briefs and briefs prepared using a typewriter.
6 Before filing a motion in limine, the parties must meet and confer. The moving
7 party must identify the evidence to be excluded or admitted, the specifics terms of the
8 order sought, and the rationale and supporting authority. The nonmoving party shall
9 state whether the party intends to introduce the evidence sought by the moving party
10 to be excluded or oppose the moving party’s motion to admit the evidence and provide
11 the rationale and supporting authority if the nonmoving party opposes the motion.
12 Both parties are required to meet and confer in good faith in an effort to reach a
13 resolution without the need for a motion. Motions in limine should address specific
14 issues (e.g., not “to exclude all hearsay”). The Court may strike without further notice
15 excessive, unvetted, or untimely motions in limine.
16 E. Notice and Discovery
17 Counsel shall comply with all notice and discovery obligations set forth in Fed.
18 R. Crim. P. 12, 12.1, 12.2, 12.3, 12.4, 15, and 16. The government shall promptly
19 produce to counsel for the defendant any evidence falling within the scope of Fed. R.
20 Crim. P. 16(a), Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405
21 U.S. 150 (1972), Roviaro v. United States, 353 U.S. 53 (1957), and United States v.
22 Henthorn, 931 F.2d 29 (9th Cir. 1991). Counsel for the government shall also disclose
23 to counsel for defendant the existence or non-existence of: (1) evidence obtained by
24 electronic surveillance; and (2) testimony by a government informant. Defense
25 counsel shall comply with its reciprocal discovery obligations pursuant to Fed. R.
26 Crim. P. 16(b) and promptly produce such materials.
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1 The parties shall make expert witness disclosures in accordance with Fed. R.
2 Crim. P. 16(a)(1)(G) and (b)(1)(C) at least thirty-five (35) days before the Final
3 Pretrial Conference.
4 The parties are encouraged to produce witness statements pursuant to 18 U.S.C.
5 § 3500 and Fed. R. Crim. P. 26.2 sufficiently in advance of trial or other proceeding to
6 avoid delays. A violation by any party of this order, or by the government in
7 connection with its obligations under Brady, Giglio, Roviaro, or Henthorn, may lead
8 to a finding of contempt, imposition of sanctions, referral to a disciplinary authority,
9 adverse jury instructions, exclusion of evidence, or dismissal of charges.
10 Counsel shall meet and confer to resolve discovery disputes informally prior to
11 filing a motion to compel discovery. All discovery motions shall state with
12 particularity what is requested, the basis for the request, whether the discovery at issue
13 has been requested, and opposing counsel’s response to such request. The Court may
14 decline to hear discovery motions made without prior consultation with opposing
15 counsel.
16 F. Bail Review
17 Any request for bail review based on changed circumstances or information not
18 previously presented to the Magistrate Judge shall be addressed in the first instance to
19 the Magistrate Judge and shall be served on both opposing counsel and the United
20 States Probation and Pretrial Services Office.
21 IV. PLEA AGREEMENTS
22 A. Digital Courtesy Copy
23 The government should send a text-searchable digital copy of the plea
24 agreement to chambers at
[email protected].
25 B. Rule 11 Hearing
26 1. Fully Signed Agreement: Defense counsel shall bring a hard
27 copy of the fully signed plea agreement to the hearing (because the
28 Court will refer the defendant to specific portions of the
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1 agreement.) Government counsel is also required to bring a hard
2 copy of the fully signed agreement to the hearing.
3 2. Open Court: The Rule 11 hearing will be conducted in open
4 court. Any request to close the courtroom or seal the record (in
5 whole or in part) must be made by the requesting party when
6 checking in on the day of the hearing.
7 3. Detention Request: If the government intends to request detention
8 of a defendant who is out on bond, it should file a request, stating
9 and applying the applicable standard, at least two days before the
10 hearing.
11 4. Sentencing Date: Counsel for both parties shall confer and
12 provide a proposed sentencing date to the courtroom deputy (CRD)
13 upon checking in. Absent good cause, the sentencing date shall be
14 approximately 14 weeks after the defendant’s conviction. The
15 parties should not assume that the sentencing date, once set, will be
16 continued at their request.
17 V. TRIAL PROCEDURES
18 A. Final Pretrial Conference Requirements
19 No later than one (1) week before the Final Pretrial Conference, the government
20 shall file and email the documents described below in Microsoft Word format to
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[email protected]:
22 A trial memorandum;
23 A witness list;
24 An exhibit list;
25 A joint case-specific glossary for the Courtroom Deputy Clerk;
26 Joint jury instructions in the form described below;
27 A joint proposed verdict form; and
28 Proposed voir dire questions, if any.
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1 1. Trial Memorandum
2 The government’s trial memorandum shall set forth: (i) a factual summary of
3 the government’s case-in-chief; (ii) a statement of the charges and the elements of
4 each charge; (iii) a time estimate of the length of the government’s case-in-chief,
5 including anticipated cross-examination; and (iv) a discussion of relevant legal and
6 evidentiary issues as applied to the facts of the particular case. The government shall
7 specify, after a meet and confer, whether the parties agree or disagree on matters (i)
8 through (iv).
9 2. Witness Lists
10 Witness lists must identify all potential witnesses and must be in the format
11 specified in Local Civil Rule 16-5. If the defense objects to identifying a potential
12 witness (not already on the government’s list), the objection must be raised at the
13 final pre-trial conference. The lists must include for each witness: (i) a brief
14 description of the testimony; (ii) the reasons the testimony is unique and not
15 redundant; and (iii) a time estimate in hours for direct and cross-examination. The
16 parties should use the template posted to Judge Valenzuela’s webpage. Any
17 Amended Witness List must be filed by 5:00 p.m. on the Friday before trial and
18 emailed to
[email protected] in Microsoft Word format.
19 3. Exhibit Lists
20 Exhibit Lists must: (1) be in the format specified in Local Civil Rule 16-6;
21 (2) include an additional column stating any objections to authenticity and/or
22 admissibility; and (3) state the reasons for the objections. The parties should use the
23 template posted to Judge Valenzuela’s webpage. Exhibits shall be numbered
24 sequentially 1, 2, 3, etc., not 1.1, 1.2, 1.3, etc. See Local Civil Rule 16-6. The list
25 should include defense exhibits to the extent the defense does not object to disclosure.
26 Any Amended Exhibit List must be filed by 5:00 p.m. on the Friday before trial and
27 emailed to
[email protected] in Microsoft Word format.
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1 4. Case-Specific Glossary
2 The parties must provide a case-specific glossary for the court reporter that
3 includes applicable medical, scientific, or technical terms, gang terms, slang, the
4 names and spellings of case names likely to be cited, street/city/country names, all
5 parties/agents/departments/entities involved in the case, names of people
6 interviewed/deposed, names of family members, friends, or others who might be
7 mentioned, and other case-specific terminology.
8 5. Jury Instructions
9 The parties shall file clean and redline sets of their (1) Joint Agreed Upon
10 Proposed Jury Instructions, and (2) Disputed Jury Instructions. The redline sets shall
11 include all modifications made by the parties to pattern or model jury instructions,
12 any disputed language, and the factual or legal basis for each party’s position as to
13 each disputed instruction.
14 Sources: When possible, all instructions must be taken from the Manual of
15 Model Criminal Jury Instructions for the Ninth Circuit (West Publishing Co., current
16 edition). Where no applicable Ninth Circuit model instruction is available, counsel
17 should consult the instructions from O’Malley, Grenig & Lee (formerly Devitt, et al.),
18 Federal Jury Practice and Instructions (West Publishing Co., current edition). When
19 submitting instructions other than Ninth Circuit model instructions, counsel should
20 ensure the law on which the instruction is based is consistent with Ninth Circuit case
21 law on the subject. Counsel may submit alternatives to the Ninth Circuit model jury
22 instructions or O’Malley, Grenig & Lee instructions only if counsel has a reasoned
23 argument that those instructions do not properly state the law or are incomplete. The
24 Court seldom gives instructions derived solely from case law.
25 Format: Each requested instruction shall (1) cite the authority or source of the
26 instruction, (2) be set forth in full, (3) be on a separate page, (4) be numbered, (5)
27 cover only one subject or principle of law, and (6) not repeat principles of law
28 contained in any other requested instruction. Jury instructions should be modified as
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1 necessary to fit the facts of the case (e.g., inserting names of defendant(s) or
2 witness(es) to whom an instruction applies).
3 Where language appears in brackets in the model instruction, counsel shall
4 select the appropriate text and eliminate the inapplicable bracketed text. It is counsel’s
5 duty to conform the instructions to the case (e.g., inserting names of defendant(s) or
6 witness(es) to whom the instruction applies and selecting the appropriate bracketed
7 text, but not changing the standard language of the instruction).
8 For any disputed instruction, the opponent shall state on a separate page
9 following the disputed instruction: (a) the basis for the objection; (b) authority
10 supporting the objection; and (c) an alternative instruction (if applicable). On the
11 following page, the proponent shall briefly respond to the objection with supporting
12 authority. Where appropriate, the disputed instructions shall be organized by subject,
13 so that instructions that address the same or similar issues are presented sequentially.
14 If there are excessive or frivolous disagreements over jury instructions, the Court will
15 order the parties to meet and confer immediately until they substantially narrow their
16 disagreements.
17 Index: All proposed jury instructions must have a consecutively numbered joint
18 index that lists the instructions in the order they will be given. Disputed instructions
19 should be included in the index. The Court will renumber the jury instructions once
20 they are finalized. The joint index should include (i) the number of the instructions;
21 (ii) a brief title of the instruction; (iii) the source of the instruction; and (iv) the page
22 number of the instruction. Example:
23 Number Title Source Page #
24 #1 Conspiracy-Elements 9th Cir. 8.5.1 1
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26 Counsel also shall list the instructions in the order they will be given and
27 indicate whether the instruction should be read before opening statements, during trial,
28 or before closing arguments.
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1 Copies of the instructions will be given to the jury during deliberations.
2 Accordingly, counsel must email
[email protected] a “clean” set of
3 all instructions in Microsoft Word format, containing only the text of each instruction,
4 set forth in full on each page, with the caption “Court’s Instruction No. ___”
5 (eliminating the title and source of the instruction, supporting authority, etc.).
6 6. Joint Verdict Form
7 The parties shall make every effort to agree on a verdict form before submitting
8 proposals to the Court. If the parties are unable to agree on a verdict form, the parties
9 shall file and email to Chambers (
[email protected]) one document
10 titled “Competing Verdict Forms” which shall include: (1) the parties’ respective
11 proposed verdict form; (2) a redline of any disputed language; and (3) the factual or
12 legal basis for each party’s respective position.
13 7. Proposed Voir Dire Questions
14 The Court will conduct the voir dire. The Court will ask prospective jurors
15 basic biographical questions (jurors’ place of residence, employment, whether
16 familiar with the parties or counsel, etc.), as well as questions regarding their ability
17 to be fair, impartial, and carry out the duties required. The Court may ask additional
18 case-specific questions. The parties may file and email to Chambers
19 (
[email protected]) any proposed case-specific voir dire questions
20 for the Court’s consideration. All challenges for cause and all Batson challenges shall
21 be made at side bar or otherwise outside the prospective jurors’ presence. The Court
22 will not necessarily accept a stipulation to a challenge for cause.
23 B. Trial Requirements
24 Trial days are generally Tuesday through Friday, from 9:00 a.m. through 4:30
25 p.m. with two 15-minute breaks and a one-hour lunch break. The parties must appear
26 at 8:30 a.m. to discuss preliminary matters with the Court. On the first day of trial, the
27 Court will first address preliminary matters and will call a jury panel only when it is
28 satisfied the case is ready for trial. Jury selection usually takes a few hours. The
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1 parties should be prepared to proceed with opening statements and witness
2 examination immediately after jury selection.
3 Fridays are usually reserved for the Court’s calendar. In the event the Court’s
4 calendar allows trial to proceed on Friday, the Court will inform the parties during the
5 Final Pretrial Conference. Once the trial concludes, the jury will be expected to
6 deliberate Monday through Friday.
7 Any party requesting special court reporter services (i.e., “RealTime”
8 transmission, daily transcripts) shall notify the reporter at least two (2) weeks in
9 advance.
10 1. Timing of Government Materials
11 The government must present the following materials to the Courtroom Deputy
12 Clerk before trial begins on the first day:
13 1. Three (3) copies of the indictment/information;
14 2. Three (3) copies of the government’s witness list;
15 3. Three (3) copies of the government’s exhibit list; and
16 4. All government exhibits in accordance with Section IV.B.3 (“Trial
17 Exhibits”) below.
18 2. Timing of Defense Materials
19 The Court prefers the defense counsel deliver defense exhibits to the Courtroom
20 Deputy Clerk on the first day of trial, but counsel are not required to do so unless
21 these exhibits have previously been provided to the government. Defense counsel
22 shall provide the government and the Courtroom Deputy the defense witness list and
23 exhibit list at the start of the defense case, at the latest. Defense counsel shall also
24 simultaneously email
[email protected] a Microsoft Word version of
25 the defense witness list and defense exhibit list. Defense exhibits shall be submitted
26 together in accordance with Section V.B.3 below.
27
28
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1 3. Trial Exhibits
2 Trial exhibits that consist of documents and photographs must be submitted to
3 the Court in three-ring binders. The parties shall submit to the Court three sets of
4 binders: one (1) original set of trial exhibits, and two (2) copies of trial exhibits. The
5 original set of exhibits shall be for use by the jury during its deliberations, and the
6 two copies are for the Court. The parties should prepare additional copies of exhibits
7 for their own use and for use by witnesses. Before the admitted exhibits will be given
8 to the jury for deliberation, the parties must review the exhibit list and exhibit binders
9 with the Courtroom Deputy Clerk after closing arguments.
10 All exhibits placed in three-ring binders must be indexed by exhibit number
11 with tabs or dividers on the right side. Exhibits shall be numbered sequentially 1, 2,
12 3, etc., not 1.1, 1.2, etc. See Local Civil Rule 16-6. Every page of a multi-page exhibit
13 must be numbered. Defendant’s exhibit numbers shall not duplicate the government’s
14 numbers. The spine of each binder shall indicate the volume number and the range of
15 exhibit numbers included in the volume. An enlargement of an existing exhibit shall
16 use the original exhibit number followed by an “A.” Counsel shall not attempt to
17 display or use any charts or enlargements of exhibits unless all counsel have agreed
18 to their use or objections have been heard and a ruling has been made by the Court.
19 The original exhibits shall bear the official exhibit tags (yellow tags for the
20 government’s exhibits and blue tags for defendant’s exhibits) affixed to the front
21 upper right-hand corner of the exhibit, with the case number, case name, and exhibit
22 number stated on each tag. The copy of exhibits must bear copies of the official
23 exhibit tags that were placed on the original exhibits and be indexed with tabs or
24 dividers on the right side. Tags may be obtained from the Clerk’s Office, or the
25 parties may print their own exhibit tags using Forms G-14A and G-14B on the “Court
26 Forms” section of the Court’s website at:
27 https://www.cacd.uscourts.gov/forms/exhibit-tags-plaintiff-g-14a-defendant-g-14b-
28 joint-g-14c.
Rev. 03/18/25
19
1 The government must also submit to the Court a USB flash drive containing
2 electronic versions of all exhibits before trial begins. Defense counsel must provide a
3 USB flash drive containing electronic versions of all exhibits at the start of the
4 defense case, at the latest. The document file names should include the exhibit
5 number and a brief description of the document, for example: “Ex. 1 - Smith
6 Declaration.pdf” or “Ex. 105 - Letter Dated 1-5-20.pdf.”
7 Audio, video files, and digital evidence must be contained on a flash drive,
8 unless otherwise directed by the Court. The party introducing the evidence is
9 responsible for ensuring that the flash drive contains only admitted evidence. The
10 parties should meet and confer in an effort to reach an agreement as to the
11 admissibility of such evidence in its original form, as well as any excerpts thereof.
12 Exhibits consisting of audio recordings should be accompanied by appropriate
13 transcripts to assist the trial participants in following along. The party seeking to
14 admit an audio recording should provide transcripts to the opposing party well in
15 advance of trial and, during trial, to the Court, court reporter, each juror, and
16 opposing counsel before the audio recording is played. The transcripts shall use the
17 original exhibit number of the audio recording followed by an “A” for identification
18 purposes. The transcripts will not be admitted into evidence and should be collected
19 after the audio recording has been played.
20 The Court provides audio/visual equipment for use during trial. The parties are
21 encouraged to familiarize themselves with the equipment if they wish to use it. More
22 information is available at: http://www.cacd.uscourts.gov/clerk-services/courtroom-
23 technology. If any counsel wishes to arrange for the use of additional equipment,
24 counsel shall contact (213) 894-3061 to verify and/or reserve demonstrative
25 equipment and notify the Courtroom Deputy Clerk no later than 4:00 p.m. at least one
26 (1) week before trial so that the necessary arrangements may be made.
27 The Court does not permit exhibits to be “published” to the jurors before they
28 are admitted into evidence. Once admitted, exhibits may be displayed electronically
Rev. 03/18/25
20
1 using the equipment and screens in the courtroom. Counsel shall not attempt to
2 display or use any charts or enlargements of exhibits unless all counsel have agreed to
3 their use or objections have been heard and a ruling has been made by the Court.
4 Exhibits such as weapons and narcotics must remain in the custody of a law
5 enforcement agent during the pendency of the trial. It shall be the responsibility of the
6 agent to produce any such items for court, secure them at night, and guard them at all
7 times while in the courtroom. The United States Marshals Service shall be advised
8 well in advance if weapons or contraband are to be brought into the courthouse.
9 VI. CONDUCT OF ATTORNEYS AND PARTIES
10 The Court expects counsel to act in a courteous, reasonable, and professional
11 manner. The Court expects that counsel will adhere strictly to the Central District of
12 California’s Civility and Professionalism Guidelines. See
13 https://www.cacd.uscourts.gov/attorneys/admissions/civility-and-professionalism-
14 guidelines.
15 A. Meeting and Conferring Throughout Trial
16 The parties must continue to meet and confer on all issues that arise during trial.
17 The Court will not rule on any such issue unless the parties have first attempted to
18 resolve it informally.
19 B. Opening Statements, Witness Examinations, and Summation
20 Counsel shall not discuss the law or argue the case in opening statements.
21 Counsel must use the lectern. Counsel should not consume jury time by writing out
22 words and drawing charts or diagrams. All such aids must be prepared in advance.
23 When appropriate, the Court will establish and enforce time limits for all phases of
24 trial, including opening statements, closing arguments, and the examination of
25 witnesses.
26 C. Objections to Questions
27 Counsel must not make speaking objections before the jury or otherwise make
28 speeches, restate testimony, or attempt to guide a witness.
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21
1 When objecting, counsel must rise to state the objection and state only that
2 counsel objects and the legal grounds for the objection. If counsel desires to argue an
3 objection further, counsel must seek permission from the Court to do so at sidebar or
4 outside the jury’s presence. Sidebar conferences are generally not permitted at the
5 request of counsel for evidentiary objections, especially for issues that could have
6 been anticipated. Counsel should anticipate significant issues and schedule a hearing
7 when the jury is not waiting—e.g., before the jurors arrive or after they leave for the
8 day.
9 D. Special Accommodations
10 Counsel must notify the CRD one week prior to the final pre-trial conference if
11 a witness or party requires an interpreter or an accommodation under the Americans
12 with Disabilities Act (or for any other reason). The Court prefers any special
13 accommodations to be addressed in the government’s Trial Memorandum.
14 E. General Decorum While in Session
15 1. Counsel must not approach the Courtroom Deputy Clerk, the jury box, or
16 the witness stand without court authorization and must return to the lectern when the
17 purpose for the approach has been accomplished.
18 2. Counsel must rise when addressing the Court and when the Court or the
19 jury enters or leaves the courtroom, unless directed otherwise.
20 3. Counsel must address all remarks to the Court. Counsel must not address
21 the Courtroom Deputy Clerk, the court reporter, persons in the audience, or opposing
22 counsel. Any request to re-read questions or answers shall be addressed to the Court.
23 Counsel must ask the Court’s permission to speak with opposing counsel.
24 4. Counsel must not address or refer to witnesses or parties by first names
25 alone, except for witnesses who are below age fourteen (14).
26 5. Counsel must not offer a stipulation unless counsel have conferred with
27 opposing counsel and have verified that the stipulation will be acceptable. Any
28 stipulation of fact will require the defendant’s personal concurrence and shall be
Rev. 03/18/25
22
1 submitted to the Court in writing for approval. A proposed stipulation should be
2 explained to the defendant in advance.
3 6. Counsel must remain at counsel table throughout trial except to examine
4 witnesses or as otherwise needed to present evidence. Counsel must not leave counsel
5 table to sit in the gallery or confer with any person in the back of the courtroom
6 without the Court’s permission.
7 7. Counsel must not make facial expressions, nod, shake their heads,
8 comment, or otherwise exhibit in any way any agreement, disagreement, or other
9 opinion or belief concerning the testimony of a witness or argument by opposing
10 counsel. Counsel shall instruct their clients and witnesses not to engage in such
11 conduct.
12 8. When the trial is not in session, counsel must not speak to jurors under
13 any circumstance, and must not speak to co-counsel, opposing counsel, witnesses, or
14 clients if the conversation can be overheard by jurors. Counsel must instruct their
15 clients and witnesses to avoid such conduct.
16 9. Where a party has more than one lawyer, only one attorney may conduct
17 the direct or cross-examination of a particular witness or make objections as to that
18 witness.
19 10. Bottled water is permitted in the courtroom but may not be placed on
20 counsel table or the lectern. Food and other beverages are not permitted. Cell phones
21 must be silenced or may be confiscated.
22 F. Punctuality
23 1. The Court expects the parties, counsel, and witnesses to be punctual.
24 Once the parties and their counsel are engaged in trial, the trial must be their priority.
25 The Court will not delay progress of the trial or inconvenience jurors.
26 2. If a witness was on the stand at the time of a recess or adjournment, the
27 party that called the witness shall ensure the witness is back on the stand and ready to
28 proceed as soon as trial resumes.
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23
1 3. No presenting party may be without witnesses. If a party’s remaining
2 witnesses are not immediately available, thereby causing an unreasonable delay, the
3 Court may deem that party to have rested.
4 4. The Court generally will accommodate witnesses by permitting them to
5 be called out of sequence. Counsel should meet and confer in advance and make every
6 effort to resolve the matter.
7 G. Exhibits
8 1. No document shall be placed before a witness unless a copy has been
9 provided to the Court and opposing counsel.
10 2. Once they are admitted in evidence, exhibits may be displayed to the jury
11 using the monitors in the courtroom. The Court ordinarily does not permit exhibits to
12 be handed to the jurors in the jury box. In the event an exhibit cannot be displayed
13 properly via the monitors in the courtroom, counsel must secure approval by the Court
14 before handing an exhibit to the jury.
15 3. Counsel must keep track of their exhibits and exhibit list, and record
16 when each exhibit has been admitted into evidence.
17 4. Counsel are responsible for any exhibits they secure from the Courtroom
18 Deputy Clerk and must return them before leaving the courtroom.
19 5. Any exhibit not previously marked must be accompanied by a request
20 that it be marked for identification at the time of its first mention. Counsel must show
21 a new exhibit to opposing counsel before the court session in which it is mentioned.
22 6. Counsel must inform the Courtroom Deputy Clerk of any agreements
23 reached regarding any proposed exhibits, as well as those exhibits that may be
24 received into evidence without a motion to admit.
25 7. When referring to an exhibit, counsel must refer to its exhibit number.
26 Counsel should instruct their witnesses to do the same. Counsel should make every
27 effort to correctly identify for the record the exhibit being referred to and should use
28 specific descriptions when directing witnesses to identify items within the exhibit
Rev. 03/18/25
24
1 (e.g., “turning your attention to the bottom right-hand corner of exhibit 1 . . .,” instead
2 of “take a look at this right here”).
3 8. Counsel should not ask witnesses to draw charts or diagrams or ask the
4 Court’s permission for a witness to do so. All demonstrative aids must be prepared
5 fully in advance of the day’s trial session.
6 9. Counsel are required to seek the admission of any items of evidence
7 whose admissibility has not been stipulated to while the witness authenticating the
8 exhibit is on the stand.
9 VII. SENTENCING
10 Original Sentencing: Once set, the sentencing hearing shall not be continued
11 absent a showing of good cause. No later than fourteen (14) days before the hearing,
12 each party shall submit either a sentencing memorandum or a written notice of intent
13 not to file one. Absent leave of court based upon a showing of good cause, the Court
14 does not permit submission or playing of sentencing videos.
15 The Court does not permit sentencing documents to be filed under seal except
16 as strictly necessary and justified. When necessary, a sentencing document may be
17 filed under seal along with a redacted version that deletes the confidential information
18 and that justifies each deletion (e.g., “medical information”).
19 Supervision Violation: Any material submitted for a hearing on an alleged or
20 adjudicated violation of supervision shall be filed, when possible, seven (7) days
21 before the hearing, and otherwise no later than two (2) court days, absent a showing of
22 good cause set forth in a supporting declaration and court approval.
23
24 IT IS SO ORDERED.
25 Dated: March 20, 2025
26 ______________________________
27 HON. CYNTHIA VALENZUELA
UNITED STATES DISTRICT JUDGE
28
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25
