UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ORDER FOR PRETRIAL PREPARATION
I. PRETRIAL CONFERENCE
1. Not less than twenty-eight (28) days prior to the
pretrial conference, counsel shall exchange (but not file or
lodge) the papers described in Civil L.R. 16-10(b)(7),(8),(9),
and (10), and their motions in limine.
2. At least twenty-one (21) days before the final
pretrial conference, lead counsel who will try the case shall
meet and confer with respect to:
(a) Preparation and content of the joint pretrial
conference statement;
(b) Resolution of any differences between the parties
regarding the preparation and content of the joint pretrial
conference statement and the preparation and exchange of
pretrial materials to be served and lodged pursuant to this
Order for Pretrial Preparation. To the extent such differences
are not resolved, the parties will present the issues in the
pretrial conference statement so that the judge may rule on the
matter during the pretrial conference; and
(c) Settlement of the action.
3. Not less than fourteen (14) days prior to the pretrial
conference, counsel shall submit the following:
(a) Pretrial Conference Statement. The parties shall
file a joint pretrial conference statement containing the
following information:
(1) The Action.
(A) Substance of the Action. A brief
description of the substance of claims and defenses which remain
to be decided.
(B) Relief Prayed. A detailed statement of
all the relief claimed, particularly itemizing all elements of
damages claimed.
(2) The Factual Basis of the Action.
(A) Undisputed Facts. A plain and concise
statement of all relevant facts not reasonably disputed.
(B) Disputed Factual Issues. A plain and
concise statement of all disputed factual issues which remain to
be decided.
(C) Agreed Statement. A statement
assessing whether all or part of the action may be presented
upon an agreed statement of facts.
(D) Stipulations. A statement of
stipulations requested or proposed for pretrial or trial
purposes.
(3) Disputed Legal Issues. Without extended
legal argument, a concise statement of each disputed point of
law concerning liability or relief.
(4) Further Discovery or Motions. A statement
of all remaining discovery or motions.
(5) Trial Alternatives and Options.
2
(A) Settlement Discussions. A statement
summarizing the status of settlement negotiations and indicating
whether further negotiations are likely to be productive.
(B) Consent to Trial Before a Magistrate
Judge. A statement whether the parties consent to a court or
jury trial before a magistrate judge, with appeal directly to
the Ninth Circuit.
(C) Bifurcation, Separate Trial of Issues.
A statement of whether bifurcation or a separate trial of
specific issues is feasible and desired.
(6) Miscellaneous. Any other subjects relevant
to the trial of the action, or material to its just, speedy and
inexpensive determination.
(b) Exhibit List and Objections. The exhibit list
shall list each proposed exhibit by its number (see Civil L.R.
30-2(b)), description, and sponsoring witness, followed by
blanks to accommodate the date on which it is marked for
identification and the date on which it is admitted into
evidence. No party shall be permitted to offer any exhibit in
its case-in-chief that is not disclosed in its exhibit list
without leave of the Court for good cause shown. Parties shall
also deliver a set of premarked exhibits to the Courtroom Deputy
at the Clerk’s Office. Do not deliver these exhibits directly
to chambers. The exhibit markers shall each contain the name
and number of the case, the number of the exhibit, and blanks to
accommodate the date admitted and the Deputy Clerk's initials.
(Appropriate sample forms are available on the Court’s website
3
at cand.uscourts.gov; see also Judge Wilken’s Trial Exhibit
Markers located at cand.uscourts.gov/cw under “Standing
Orders”). Any objections to exhibits which remain after the
pretrial meeting shall be indicated in the pretrial statement.
(c) Witness List. In addition to the requirements of
Fed. R. Civ. P. 26(a)(3)(A), parties must also submit a brief
statement describing the substance of the testimony to be given
by each witness who may be called at trial. No party shall be
permitted to call any witness in its case-in-chief who is not
disclosed in its pretrial statement without leave of Court for
good cause shown.
(d) Use of Discovery Responses. In addition to the
requirements of Fed. R. Civ. P. 26(a)(3)(A), parties must
identify any designations of excerpts from interrogatory answers
or from responses for admissions intended to be offered at
trial. Within seven (7) days from when the disclosures are
filed with the Court, counsel shall indicate any objections to
use of these materials and that counsel have conferred
respecting such objections.
(e) Trial briefs. Briefs on all significant disputed
issues of law, including foreseeable procedural and evidentiary
issues, which remain after the pretrial meeting.
(f) Motions in Limine. Any motions in limine that
could not be settled at the pretrial meeting shall be filed with
the pretrial statement. All motions in limine shall be
contained within one document, limited to twenty-five (25) pages
pursuant to Civil L.R. 7-2(b), with each motion listed as a
4
subheading. Opposition to the motions in limine shall be
contained within one document, limited to twenty-five (25)
pages, with corresponding subheadings, and filed seven (7) days
thereafter.
(g) Joint Proposed Voir Dire. The attached voir dire
questionnaire will be given to the venire members, and copies of
the responses will be made available to counsel at the beginning
of voir dire. Counsel may submit a set of additional requested
voir dire, to be included in the questionnaire or posed by the
Court, to which they have agreed at the pretrial meeting. Any
voir dire questions on which counsel cannot agree shall be
submitted separately. Counsel may be allowed brief follow-up
voir dire after the Court's questioning.
(h) Joint Proposed Jury Instructions. As applicable,
jury instructions §1.2, §1.3, §1.5 through §1.20, §1.21; §2.1
through §2.13, and §3.1 through §3.3 from the Manual of Model
Civil Jury Instructions for the Ninth Circuit (most recent
edition) will be given absent objection. Counsel shall jointly
submit one set of additional proposed jury instructions, to
which they have agreed at the pretrial meeting. The
instructions shall be ordered in a logical sequence, together
with a table of contents. Any instruction on which counsel
cannot agree shall be marked as “disputed,” and shall be
included within the jointly submitted instructions and
accompanying table of contents, in the place where the party
proposing the instruction believes it should be given. Argument
and authority for and against each disputed instruction shall be
5
included as part of the joint submission, on separate pages
directly following the disputed instruction. The parties shall
email to
[email protected] a copy of their proposed jury
instructions in WordPerfect or Word format. The subject of the
email should include the case name, the case number and a
description of the document.
(i) Proposed Verdict Forms, Joint or Separate.
(j) Proposed Findings of Fact and Conclusions of Law
(Court Trial only). The Court requests that the parties
hyperlink each proposed Finding of Fact to any supporting
evidence. The parties shall email to
[email protected] a
copy of their proposed findings of fact and conclusions of law
in WordPerfect or Word format. The subject of the email should
include the name of the case, the case number and a description
of the document.
II. JURY SELECTION
The Jury Commissioner will summon 20 to 25 prospective jurors.
The Courtroom Deputy will select their names at random and seat
them in the courtroom in the order in which their names are
called. Copies of their questionnaires will be provided to
counsel. Voir dire will be asked of sufficient venire persons
so that eight (or more for a lengthy trial) will remain after
all peremptory challenges and an anticipated number of hardship
dismissals and cause challenges have been made. The Court will
then take cause challenges, and discuss hardship claims from the
individual jurors, outside the presence of the venire. The
Court will inform the attorneys which hardship claims and cause
6
challenges will be granted, but will not announce those
dismissals until the process is completed. Each side may then
list in writing up to three peremptory challenges. The
attorneys will review each other’s lists and then submit them to
the Courtroom Deputy. Then, from the list of jurors in
numerical order, the Court will strike the persons with
meritorious hardships, those excused for cause, and those
challenged peremptorily, and call the first eight people in
numerical sequence remaining. Those people will be the jury.
All jurors remaining at the close of the case will deliberate.
There are no alternates.
III. SANCTIONS
Failure to comply with this Order is cause for sanctions under
Federal Rule of Civil Procedure 16(f).
IT IS SO ORDERED.
Dated:
CLAUDIA WILKEN
United States District Judge
7
