Judge Phyllis J. Hamilton
Courtroom 3, 3rd Floor
Kelly Collins, Courtroom Deputy
(510) 637-1296
STANDING ORDER
Criminal Cases
1. CALENDAR
Criminal matters are heard on Wednesdays -- in custody matters at 1:30 p.m.
and out of custody matters at 2:30 p.m.
If either party wishes to have a matter placed on the Court’s calendar and if the
defendant is in custody, counsel must contact the courtroom deputy by 1:30 p.m., the
day before the defendant is to be transported to court by the U.S. Marshal.
2. MOTIONS
Except for hearing and briefing dates set by the court, the parties may stipulate to
any briefing schedule they wish as long as all briefing is complete at least 7 days in
advance of the hearing. In the absence of a stipulation, motions (except those
pertaining to sentencing) shall be filed at least 21 days in advance of the hearing date.
Opposition briefs shall be filed at least 14 days in advance of the hearing date. Reply
briefs shall be filed at least 7 days in advance of the hearing date.
Motions pertaining to sentencing and sentencing memoranda shall be filed at
least 7 days before the date on which Judgment and Sentencing is scheduled.
Responses or objections shall be filed at least 5 days before the date on which
Judgment and Sentencing is scheduled.
A courtesy copy of all briefs shall be submitted in accordance with Civil L.R. 5-
1(e).
3. CHANGE OF PLEA
Judge Hamilton does not use an Application for Entry of Plea. However, counsel
for the government shall deliver a copy of the Plea Agreement to chambers by 5:00
p.m., the day before the plea is to be entered. Should the plea not involve a Plea
Agreement, counsel for the defendant shall notify the courtroom deputy of the entry of
an open plea by 5:00 p.m., the day before the plea is to be entered.
4. CONFORMITY WITH LOCAL RULES RE: EVIDENTIARY SUBMISSIONS
All motions and oppositions to motions shall comply with Crim. L.R. 47-2(b),
which requires that motions “presenting issues of fact . . . be supported by affidavits or
declarations which comply with the requirements of Civil L.R. 7-5.” Civil L.R. 7-5, in
turn, requires that “[f]actual contentions made in support of or in opposition to any
motion must be supported by an affidavit or declaration and by appropriate references
to the record.” Moreover, other evidence in support of or in opposition to any motion
“must be appropriately authenticated by an affidavit or declaration.” That rule further
requires that affidavits and declarations contain factual contentions only, avoiding
conclusions and legal argument, and “conform as much as possible to the requirements
of FRCivP 56(e).”
Revised 5-12-2021
