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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 Case No.: CV - JLS(XXXx)
12 Plaintiff/s,
CIVIL TRIAL ORDER
13 v.
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16 Defendant/s.
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18 PLEASE READ THIS ORDER CAREFULLY.
19 IT GOVERNS THIS CASE AND DIFFERS IN SOME RESPECTS FROM
20 THE LOCAL RULES.
21 This case has been assigned to the calendar of Judge Josephine L. Staton. Both
22 the Court and counsel bear responsibility for the progress of this litigation in federal
23 court. To “secure the just, speedy, and inexpensive determination” of this case, as called
24 for in Federal Rule of Civil Procedure 1, all parties or their counsel are ordered to
25 become familiar with the Federal Rules of Civil Procedure, the Local Rules of the Central
26 District of California, and this Court’s Orders.
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1 THE COURT ORDERS AS FOLLOWS:
2 Judge Staton’s Procedures web page is incorporated in this Order. The parties and
3 counsel are ORDERED to review and comply with those procedures and notices, which
4 may be accessed at: https://apps.cacd.uscourts.gov/Jps/honorable-josephine-l-staton
5 I. SCHEDULING
6 A. Deadline for Adding Parties: The last day to file a motion to join other
7 parties or to amend the pleadings is specified in the Scheduling Order. All unserved
8 parties shall be dismissed no later than the date set for the Final Pretrial Conference.
9 B. Motions for Summary Judgment or Partial Summary Judgment:
10 Motions for Summary Judgment or Partial Summary Judgment shall be filed no later than
11 the last day for filing motions, as set forth in the Scheduling Order.
12 C. Fact Discovery Cut-Off Date: The Scheduling Order establishes a cut-off
13 date for discovery in this action. This is not the date by which discovery requests must be
14 served; it is the date by which all discovery is to be completed. In accordance with
15 Federal Rule of Civil Procedure 16(b)(4), the Court will not approve stipulations between
16 counsel that permit responses to be served after the cut-off date unless the parties show
17 good cause.
18 D. Discovery Motions: Any motion regarding the inadequacy of responses to
19 discovery must be filed and served not later than ten (10) days after the discovery cut-off
20 date. Whenever possible, the Court expects counsel to resolve discovery problems among
21 themselves in a courteous, reasonable, and professional manner. The Court expects that
22 counsel will strictly adhere to the Civility and Professional Guidelines adopted by the
23 United States District Court for the Central District of California.
24 E. Expert Discovery: The Court sets a separate expert discovery cut-off date.
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26 II. FINAL PRETRIAL CONFERENCE
27 This case has been placed on calendar for a Final Pretrial Conference pursuant to
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1 Federal Rule of Civil Procedure 16. Strict compliance with the requirements of the
2 Federal Rules of Civil Procedure and the Local Rules is mandatory. Counsel shall lodge
3 carefully prepared Memoranda of Contentions of Fact and Law (which may also serve as
4 the trial briefs) and a (Proposed) Final Pretrial Conference Order in accordance with the
5 provisions of Local Rules 16-4 and 16-7. The Memoranda of Contentions of Fact and
6 Law will be served no later than twenty-one (21) calendar days before the Final Pretrial
7 Conference. See Local Rule 16-4. The (Proposed) Final Pretrial Conference Order shall
8 be lodged no later than eleven (11) calendar days before the Final Pretrial Conference.
9 See Local Rule 16-7. The form of the (Proposed) Final Pretrial Conference Order shall
10 be in conformity with the form set forth in Appendix A to the Local Rules. Counsel are
11 directed to email to the Court a Microsoft Word version of the (Proposed) Final Pretrial
12 Conference Order on the date it is lodged.
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14 III. TRIAL PREPARATION
15 The Court ORDERS that all counsel comply with the following in their
16 preparation for trial:
17 A. Daubert Motions: The deadline for Daubert motions is generally one
18 week after the close of expert discovery. A different deadline may be set by the Court in
19 the Scheduling Order. Daubert motions are to be noticed for hearing on the first
20 available civil motions hearing date. If no dates are available before the Final Pretrial
21 Conference, then Daubert motions may be set for the same date and time as the Final
22 Pretrial Conference.
23 B. Motions in Limine: Motions in limine must be filed no later than twenty-
24 eight (28) days in advance of the Final Pretrial Conference. Generally, they are to be
25 noticed for hearing at the time and date of the Final Pretrial Conference. They may be
26 noticed for hearing at an earlier date. The purpose of these motions is to alert the Court
27 to significant evidentiary issues that can be addressed and resolved prior to trial. All
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1 motions in limine must be filed and served in compliance with Local Rule 6-1, and the
2 briefing schedule is that specified in Local Rules 7-9 through 7-10. Procedure 7 from
3 Judge Staton’s web page, related to length and format of motions, applies to motions in
4 limine, except that motions in limine (and oppositions thereto) are limited to 2,800 words.
5 Reply briefs, if they are filed at all, must be limited to 2,100 words.
6 Each side is limited to four motions in limine and each motion shall not be
7 compound; i.e., each motion shall address only one item of evidence or witness or, if
8 common grounds for exclusion or admission apply to multiple items of evidence or
9 witnesses, only one category of evidence or witnesses. A party seeking to file more than
10 four motions in limine must request leave of court to do so.
11 The meet-and-confer requirement of Local Rule 7-3 applies. Before filing a
12 motion in limine, the parties must meet and confer to determine whether the opposing
13 party intends to introduce the disputed evidence and attempt to reach an agreement that
14 would obviate the need for the motion. Motions in limine should address specific issues
15 rather than broad topics. For instance, a party should not move “to exclude all
16 hearsay.” Motions in limine should not be disguised motions for summary adjudication
17 of issues.
18 C. Statement of the Case (Jury Trials): Counsel will prepare a joint
19 statement of the case which may be read by the Court to the prospective panel of jurors
20 prior to the commencement of voir dire. The statement should not be more than two or
21 three paragraphs. The statement will be filed with the Court five (5) court days before
22 the Final Pretrial Conference.
23 D. Voir Dire (Jury Trials): At least five (5) court days before the Final
24 Pretrial Conference, each counsel shall file with the Court any special questions
25 requested to be put to prospective jurors on voir dire. Counsel will be given a brief
26 period of time, usually approximately ten to fifteen minutes, to ask follow-up questions
27 of the prospective jurors.
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1 E. Witness List: The witness list will be filed no later than five (5) court days
2 prior to the Final Pretrial Conference. Counsel are to submit the names of the witnesses
3 in the order that they are expected to testify, and provide, to the extent possible, an
4 accurate estimate of the time needed for each witness for direct, cross, redirect and re-
5 cross. Counsel will also provide a brief summary of each witness’ testimony. If more
6 than one witness is offered on the same subject, the summary should be sufficiently
7 detailed to allow the Court to determine if the testimony is cumulative. A joint witness
8 list will be prepared in compliance with the example below and Local Rule 16-5.
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10 JOINT WITNESS LIST
11 Case Name:
12 Case Number:
No. of Witness Name Party Calling X- Description Comments
13 Witness Witness and Examiner’s of
Estimate Estimate Testimony
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16 Instructions for Witness List
17 (1) List witnesses (last name first); (2) for description, be extremely brief, e.g.,
18 “eyewitness to accident,” or “expert on standard of care”; (3) use estimates within
19 fractions of an hour, rounded off to closest quarter of an hour (e.g., 25 minutes becomes
20 .5 hour, and 45 minutes would be .75 hour); (4) note special considerations in
21 “Comments” column (e.g., “needs interpreter”); and (5) entries may be in handwriting
22 only if the handwriting is very neat and legible.
23 F. Jury Instructions and Verdict Form(s): In a jury trial, jury instructions
24 and special verdict form(s) are to be filed no later than five (5) court days prior to the
25 Final Pretrial Conference. The parties are to meet and confer sufficiently in advance of
26 the required filing deadline to prepare joint jury instructions. The instructions should be
27 submitted in the order in which the parties wish to have the instructions read. This order
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1 should reflect a single organized sequence agreed to by all of the parties.
2 In the event that agreement cannot be reached, counsel will file instructions in the
3 following format: (1) the agreed-upon instructions; (2) the instructions proposed by
4 plaintiff and opposed by defendant; and (3) the instructions proposed by defendant and
5 opposed by plaintiff. In addition, counsel must submit electronic versions (in Microsoft
6 Word format) to the Court at the following email address:
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8 Instructions upon which agreement cannot be reached should reflect the basic
9 disagreements among the parties as to the law. For disputed instructions, a party should
10 note its objections to a proposed instruction and its reasons for putting forth its alternative
11 on pages placed after its own alternative instruction.
12 G. Exhibits and Exhibit Conference:
13 1. Joint Exhibit List: A joint exhibit list shall be prepared in compliance
14 with the example below and Local Rule 16-6.1.
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16 JOINT EXHIBIT LIST
17 Case Name:
18 Case Number:
19 No. of Description Stip. to Stip. to Date Date
Exhibit Authen. Admiss. Identified Admitted
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22 The joint exhibit list shall contain the information required by Federal Rule of
23 Civil Procedure 26(a)(3)(A). The joint exhibit list will be filed no later than five (5) court
24 days prior to the Final Pretrial Conference, and the parties are to meet and confer
25 sufficiently in advance of the required filing deadline to prepare the joint exhibit list. As
26 part of the meet and confer process, counsel will stipulate so far as is possible as to
27 foundation, waiver of the best evidence rule, and to those exhibits which may be received
28 into evidence at the start of trial. The exhibits to be so received will be noted on the extra
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1 copies of the exhibit lists.
2 2. Exhibit Preparation: All exhibits will be placed in 3-ring loose-leaf
3 binders, in numerical order, with divider tabs containing exhibit numbers. The exhibits
4 are to be numbered in accordance with Local Rule 26-3. The face and spine of the
5 notebooks are to be marked with the case name and number, the numbers of the exhibits
6 contained therein, and the volume number.
7 The parties shall prepare two sets of exhibit binders for the Court, and another set
8 of binders for the opposing party. Both sets must be brought to the Exhibit Conference.
9 The sets must be prepared and organized as follows: The exhibits shall have the
10 appropriate exhibit tag affixed to the lower right-hand corner of the first page of each
11 original exhibit. Exhibits consisting of more than one page shall be internally paginated
12 in the lower right-hand corner, displaying both the exhibit number and the page number.
13 The exhibits shall be separated by tabs that indicate their exhibit numbers.
14 The parties must also prepare individual witness binders: One for the Court; one
15 for the opposing party; and one for the witness. Witness binders are to include only those
16 exhibits that will be used when a particular witness testifies. The name of the witness
17 should appear on the binder, and exhibits must be in numerical order and tabbed so that
18 the witness, the Court, and the opposing party may easily access each exhibit as the
19 witness’s testimony proceeds. Witness binders are used for the convenience of the
20 witness, the Court, and the parties. As such, they need not be given to the Courtroom
21 Deputy Clerk (“CRD”) or the opposing side until each witness is called.
22 3. Exhibit Conference: AN EXHIBIT CONFERENCE REQUIRING THE
23 ATTENDANCE OF TRIAL COUNSEL WILL BE HELD AT 3:30 P.M. ON THE
24 FRIDAY BEFORE THE SCHEDULED TRIAL DATE IN COURTROOM 8A, UNLESS
25 THE COURT ORDERS OTHERWISE. Exhibits are to be submitted to the CRD at the
26 time of the Exhibit Conference.
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1 H. Findings of Fact and Conclusions of Law (Court Trials):
2 Notwithstanding Local Rule 52, for any matter requiring findings of fact and
3 conclusions of law, unless otherwise expressly ordered by the Court, 1 counsel will be
4 required to file (Proposed) Findings of Fact and Conclusions of Law after the conclusion
5 of the trial. The proposed Findings of Fact must include citations to admitted evidence.
6 Where witness trial testimony is necessary to establish a given fact, the party must obtain
7 a transcript of the proceedings and file relevant excerpts of those transcripts with the
8 (Proposed) Findings of Fact and Conclusions of Law. In addition to filing, counsel must
9 email Microsoft Word versions of their (Proposed) Findings of Fact and Conclusions of
10 Law to the chambers email address.
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12 IV. ATTORNEY AND PARTY CONDUCT AT TRIAL
13 A. Trial Schedule: Unless otherwise ordered, and subject to jury panel
14 availability, trials will commence on Tuesday and continue on Wednesday and Thursday.
15 If the trial is more than 3 days, it will continue Monday through Thursday until
16 completed. Trial hours are from 9:00 a.m. to 12:00 p.m., and 1:30 p.m. to 4:30 p.m., with
17 a 15-minute break during each session.
18 B. Trial Conduct:
19 1. Jury Selection: The Court utilizes the “Arizona blind strike” method.
20 See United States v. Harper, 33 F.3d 1143, 1145 (9th Cir. 1994). Under that method, the
21 Court conducts voir dire of the entire jury panel, then permits limited voir dire by
22 counsel, usually about ten to fifteen minutes. After potential jurors are excused for cause,
23 counsel for each side simultaneously submit their peremptory challenges in writing. The
24 Court then eliminates the subjects of the peremptory challenges and selects the eight
25 lowest numbered remaining panel members as the jury. Prior to the voir dire
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For example, the Court frequently sets a different deadline for cases involving claims for
28 benefits under the Employee Retirement Income Security Act of 1974 (“ERISA”).
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1 examination of the jury venire, counsel for each side will give a “mini opening”
2 statement lasting no longer than three to five minutes that summarizes the case.
3 2. Opening Statements, Examining Witnesses, and Summation:
4 a. Opening statements, examination of witnesses, and summation
5 will be from the lectern only. Counsel must not consume time by writing out words or
6 drawing charts or diagrams. Counsel may do so in advance and explain that the item was
7 prepared earlier as ordered by the Court to save time.
8 b. At the end of each day, counsel presenting his or her case shall
9 advise opposing counsel of the witnesses anticipated the following day with an estimate
10 of the length of direct examination. Opposing counsel shall provide an estimate of the
11 length of cross-examination. Cooperation of counsel will ensure a smooth flow of
12 witnesses. It is the responsibility of all counsel to arrange the appearance of witnesses in
13 order to avoid delay.
14 3. Time Estimates: The Court will honor reasonable time estimates for
15 opening and closing addresses to the jury.
16 4. No Ad Seriatim Examination: Where a party has more than one lawyer,
17 only one may conduct the direct or cross-examination of a given witness.
18 5. Witness Testifying at a Break: If a witness is on the stand when a
19 recess is taken, it is counsel’s duty to have the witness back on the stand, ready to
20 proceed, when the Court session resumes.
21 6. Witness Testifying at Adjournment: If a witness was on the stand at
22 adjournment, it is counsel’s duty to have the witness adjacent to, but not on, the stand,
23 ready to proceed when the Court session resumes.
24 7. Witness Disability Accommodation: It is counsel’s duty to notify the
25 CRD in advance if any witness requires use of the available automated platform to ascend
26 to the witness stand.
27 8. Witnesses Testifying out of Sequence: The Court attempts to
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1 accommodate physicians, scientists, and all other professional witnesses and will, except
2 in extraordinary circumstances, permit them to testify out of sequence. Counsel must
3 anticipate any such possibility and discuss it with opposing counsel. If there is objection,
4 counsel shall confer with the Court in advance.
5 9. Objections and General Decorum:
6 a. When objecting, counsel must rise to state the objection and state
7 only that counsel objects and the legal ground of objection. If counsel wishes to argue an
8 objection further, counsel must ask for permission to do so; the Court may or may not
9 grant a request for conference at sidebar. The Court strongly discourages sidebars
10 because they represent an inefficient use of jury time when matters can be anticipated.
11 b. Counsel must not approach the CRD or the witness stand without
12 specific permission. When permission is given, please return to the lectern when the
13 purpose of the permission is finished. Counsel must not engage in questioning a witness
14 at the witness stand.
15 c. Counsel must address all remarks to the Court. Counsel are not to
16 address the CRD, the Court Reporter, persons in the audience, or opposing counsel. If
17 counsel wishes to speak with opposing counsel, counsel must ask permission to talk off
18 the record. Any request for the re-reading of questions or answers shall be addressed to
19 the Court.
20 d. Counsel must not make an offer of stipulation unless counsel has
21 conferred with opposing counsel and has reason to believe the stipulation will be
22 acceptable.
23 e. It is counsel’s duty of the first day of trial to advise the Court of
24 any commitments that may result in counsel’s absence or late arrival.
25 10. Exhibits:
26 a. Each counsel should keep counsel’s own list of exhibits and
27 should keep track when each has been admitted in evidence.
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1 b. Each counsel is responsible for any exhibits that counsel secures
2 from the CRD and, during all recesses and noontime and afternoon adjournments,
3 counsel must return all exhibits in counsel’s possession to the CRD.
4 c. Where an exhibit is not previously marked, it must be marked by
5 counsel at the time of its first mention. To save time, counsel must show a new exhibit to
6 opposing counsel before it is mentioned in Court.
7 d. Counsel should move exhibits into evidence as soon as
8 admissibility is established, while they are freshly in the minds of all participants. If
9 there is an objection, the motion to admit will be dealt with at the next available recess.
10 In jury trials, no exhibit shall be read or displayed to the jury until admitted.
11 e. Absent unusual circumstances, counsel must not ask witnesses to
12 draw charts or diagrams nor ask the Court’s permission for a witness to do so. If counsel
13 wishes to question a witness in connection with graphic aids, the material must be fully
14 prepared before the court session starts.
15 11. Depositions:
16 a. All depositions that will be used in the trial, either as evidence or
17 for impeachment, must be signed and lodged with the CRD on the first day of trial or
18 such earlier date as the Court may order. For any deposition in which counsel is
19 interested, counsel should check with the CRD to confirm that the CRD has the transcript
20 and that the transcript is properly signed.
21 b. When using depositions of an adverse party for impeachment,
22 counsel shall first announce both the beginning and ending page and line references of
23 the passage desired to be read, and allow opposing counsel an opportunity to state any
24 objection. Counsel shall use either of the following procedures:
25 i. If counsel wishes to read the questions and answers as
26 alleged impeachment and ask the witness no further questions on that subject, counsel
27 may merely read the relevant portions of the deposition into the record.
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1 ii. If counsel wishes to ask the witness further questions on
2 the subject matter, the deposition is placed in front of the witness and the witness is told
3 to read silently the pages and lines involved. Then counsel may either ask the witness
4 further questions on the matter and thereafter read the quotations or read the quotations
5 and thereafter ask further questions. Counsel should have an extra copy of the deposition
6 for this purpose.
7 c. Where a witness is absent and the witness’ testimony is offered by
8 deposition, please observe the following procedure: A reader should occupy the witness
9 chair and read the testimony of the witness while the examining lawyer asks the
10 questions.
11 12. Advance Notice of Evidentiary or Difficult Questions:
12 If counsel has reason to anticipate that a difficult question of law or evidence will
13 raise legal argument, requiring research and/or briefing, counsel must give the Court
14 advance notice. Counsel are directed to notify the CRD at the day’s adjournment if an
15 unexpected legal issue arises that could not have been foreseen and addressed by a
16 motion in limine (see Fed. R. Evid. 103). To the maximum extent possible, such matters
17 shall be taken outside normal trial hours (e.g., recess, before or after the trial day).
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19 IT IS SO ORDERED.
20 DATED:
21
JOSEPHINE L. STATON
22 United States District Judge
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24 Revised: May 29, 2026
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