UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
501 I Street
Sacramento, California 95814
Chi Soo Kim
United States Magistrate Judge
CIVIL TRIAL PROCEDURES
This document describes some of the general procedures that are
typically used in civil trials before Judge Kim. The Court retains the authority to
change these procedures at any time to conform to the needs of a particular
case.
A. Jury Trials: Jury Selection Procedures
• The jury will consist of 9 jurors with no alternate jurors. Any request
to deviate from this practice must be made in writing.
• The box will be filled with 15 potential jurors.
• At the Court’s discretion, each side will typically be given 20 minutes
to conduct additional voir dire after the Court performs its voir dire.
• Following voir dire by the parties, the Court will hear challenges for
cause at sidebar or outside the presence of the jury.
• If fewer than 15 potential jurors remain in the box after challenges
for cause are finished, the Court will refill the box until it contains 15
potential jurors. The Court will then inquire about the new potential
jurors’ responses to questions asked by the Court during its voir dire.
Attorneys for all parties will then be permitted to briefly conduct
additional voir dire only as to any new jurors.
• Each side will be given 3 peremptory challenges, which will be made
in writing on a peremptory challenges sheet. Peremptory challenges
may be used as to any of the 15 potential jurors in the box. If there are
two consecutive passes (e.g., pass by Plaintiffs and pass by
Defendants), the jury will be empaneled.
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Effective 10/14/2025
B. Jury Trials: Jury Instructions
• Proposed jury instructions must be filed jointly in a single
document and arranged in the order the parties propose the Court
give the instructions. The document shall include a table of contents
with page numbers at the beginning of the document. Where a party
objects to an instruction, that instruction should be included in the
proposed jury instructions with the opposing party’s objection noted.
Along with the contested proposed instruction, the opposing party may
provide a brief statement of the legal basis for its objection with citation
to legal authority and propose an alternate jury instruction, as
appropriate. At the time of filing, the parties shall also e-mail a copy of
the proposed jury instructions as a Word document to
[email protected].
• The parties should use the most current version of the Ninth Circuit
Model Civil Jury Instructions, which are available on the Ninth Circuit
website, where possible. If a model instruction is used, the parties shall
clearly reference the number of the model instruction. Any
modifications to a model instruction must be plainly identified to the
Court. Any language a party proposes to be removed from a model
instruction must be designated with a strikethrough and language
proposed to be added to a model instruction must be underlined. The
parties shall provide citation to legal authority in support of proposed
changes. All blanks in model instructions shall be completed and all
brackets removed.
• The Court will give the following Ninth Circuit Model Civil Jury
Instructions as preliminary instructions to the jury:
1.2 & 1.3 – Duty of Jury (modified, no written copies)
1.5 – Claims and Defenses
1.6 or 1.7 – Burden of Proof
1.9 – What is Evidence
1.10 – What is Not Evidence
1.12 – Direct and Circumstantial Evidence
1.13 – Ruling on Objections
1.14 – Credibility of Witnesses
1.15 – Conduct of the Jury
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Judge Kim’s Civil Trial Procedures Effective 10/14/2025
1.16 – Publicity During Trial
1.17 – No Transcript Available to Jury
1.18 – Taking Notes
1.19 – Questions to Witnesses by Jurors During Trial (Option 1)
1.20 – Bench Conferences and Recesses
1.21 – Outline of Trial
The above listed preliminary jury instructions should not be included in
the parties’ proposed jury instructions except where the parties are
requesting a modification to an instruction.
• The Court may also give additional preliminary instructions as
appropriate. If there are other specific preliminary instructions that the
parties request be given beyond the above listed, such instructions
must be included with the parties’ proposed jury instructions.
• The Court will give the following Ninth Circuit Model Civil Jury
Instructions with the Court’s final instructions to the jury:
1.4 – Duty of Jury
1.5 – Claims and Defenses
1.6 or 1.7 – Burden of Proof
1.9 – What is Evidence
1.10 – What is Not Evidence
1.12 – Direct and Circumstantial Evidence
1.14 – Credibility of Witnesses
2.4 – Deposition in Lieu of Live Testimony (if applicable)
2.13 – Expert Opinion (if applicable)
5.1 – Damages—Proof
5.3 – Damages—Mitigation
3.1 – Duty to Deliberate
3.2 – Consideration of Evidence—Conduct of the Jury
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Judge Kim’s Civil Trial Procedures Effective 10/14/2025
1.17 – No Transcript Available to Jury
2.16 – Evidence in Electronic Format (if applicable, e.g., for videos)
3.3 – Communication with Court
3.5 – Return of Verdict
The above listed final jury instructions should be included in the
parties’ proposed jury instructions submitted to the Court.
• Final jury instructions will be given after closing argument.
• Upon beginning their deliberations, the jurors will be provided with a
written copy of the final jury instructions.
C. Exhibits
• The exhibits lists submitted by the parties must use the following table
format.
DATE DATE
Ex. No. DESCRIPTION OF EXHIBIT OFFERED ADMITTED
Note: sufficient detail required to enable
other parties to identify the individual
exhibit, including bates numbers.
Note: each exhibit must be an individual
document; categories are prohibited.
• The Final Pretrial Order will provide further instructions on exhibits,
including instructions regarding courtesy copies of exhibits to be
provided to the Court before trial.
• Pursuant to Federal Rule of Evidence 107, illustrative aids a party may
seek to use during trial must be marked with an exhibit label and
provided to the Court. Illustrative aids that the Court allows a party to
use during trial will be entered into the record.
• Artificial Intelligence (AI) Generated Exhibits and Illustrative Aids:
Parties must provide written pre-trial notice of AI generated exhibits
and illustrative aids, and such exhibits must also be identified on the
exhibit lists submitted by the parties as AI Generated.
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Judge Kim’s Civil Trial Procedures Effective 10/14/2025
D. Miscellaneous
• Trial is generally held from 9:30 a.m. – 4:30 p.m. every day.
• Parties should review the Final Pretrial Order issued in their case for
further information and instructions.
• Two sets of courtesy copies of the Joint Pretrial Statement, witness
lists, exhibit lists, proposed voir dire questions, proposed jury
instructions, proposed verdict forms, motions in limine, and trial briefs
must be delivered in two separate binders to the Clerk’s office by noon
the day after the filing deadline for such documents. For bench trials,
courtesy copies must include the proposed findings of fact and
conclusions of law. Parties do not need to provide courtesy copies of
the motion in limine oppositions.
These courtesy copies must be double-sided, three-hole punched at
the left margin, and marked with the ECF stamp (case number,
document number, date, and page number) on the top of each page.
These binders shall include labeled side tabs, and be clearly marked
“Chambers Copy – Do Not File” with Judge Kim’s name, the case
number, and the case name.
Parties should coordinate this submission so that only two sets total
are submitted.
• For jury trials, during jury deliberations, trial counsel and pro se parties
must be within 30 minutes of the courthouse to ensure that they can
promptly return to the courthouse.
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Judge Kim’s Civil Trial Procedures Effective 10/14/2025
