PRACTICES AND PROCEDURES OF
JUDGE CHRISTY CRISWELL WIEGAND
(Effective February 7, 2024)
I. GENERAL MATTERS
A. Local Rules of Court
The Court follows all Local Rules of Court in civil, criminal, bankruptcy, patent
and admiralty cases, unless otherwise noted herein or ordered.
B. Communication with the Court
Except as set forth in Sections III.A.1. and III.B.2. below, relating to confidential
position letters and discovery disputes, communication with the Court shall be in
the form of a motion, accompanied by a proposed order specifying the relief
requested. Requests for the rescheduling of conferences may be made by telephone
to the Court’s Deputy Clerk, but only if counsel for all parties are on the line.
Otherwise, such requests are to be made by motion.
C. Communication with Law Clerks and Other Staff
Communication with the Court’s Deputy Clerk and Paralegal concerning the
administration, but not the merits of a case, are permissible. No substantive legal
matter should be discussed. Unless directed to do so, counsel are not to contact
Judge Wiegand’s law clerks.
D. Telephonic and Video Conferences
Requests for counsel or parties to participate in conferences remotely will be
considered on a case-by-case basis for good cause. In general, the Court conducts
initial case management conferences, post-discovery conferences, and other status
conferences telephonically. Unless otherwise ordered, settlement conferences and
final pretrial conferences will not be conducted remotely.
E. Alternative Dispute Resolution (ADR)
The Court follows the ADR policies and procedures available on the Court’s
website (www.pawd.uscourts.gov). Parties are advised that ADR stipulations that
are incomplete, fail to select a date certain for the ADR session, or select a date
more than 60 days after the Initial Case Management Conference (unless specifying
why additional time is needed) will be stricken, and the parties will be required to
re-file a corrected ADR stipulation.
F. Objections
If counsel has an objection to any procedure, ruling or other action of the Court, it
is counsel’s responsibility to make an immediate formal objection on the record. If
no court reporter is present and counsel has an objection, or otherwise desires the
proceeding to be on the record, it is counsel’s responsibility to request a court
reporter and thereafter place the objection or proceeding on the record.
G. Comments to the Media
Attorneys are expected to adhere to the Rules of Professional Conduct in all
dealings, including those with the media.
H. Amendment of these Practices and Procedures
The Court’s practices and procedures are available online and will be updated
periodically. Attorneys are responsible for ascertaining and abiding by any such
changes.
II. CIVIL MOTIONS PRACTICE
A. Routine Motions: Duty to Confer
For routine motions, including motions for extension of time, motions for
continuance, or motions for leave to amend the pleadings, counsel for the moving
party must confer with opposing counsel to obtain consent, and state in the motion
whether consent was obtained. The duty to meet and confer extends to parties
appearing pro se. Failure to indicate either that the parties have conferred or what
the non-moving party’s position is may result in summary denial of the motion.
B. Rule 12 Motions: Duty to Confer and Certify
If a party chooses to file a motion under Federal Rule of Civil Procedure 12(b), the
parties must meet and confer before the filing of such a motion to determine
whether any pleading defects are curable by amendment, thereby obviating part or
all of the motion. The duty to meet and confer extends to parties appearing pro se.
A motion to dismiss must be accompanied by a certificate stating that the moving
party has made a good faith effort to confer with the nonmovant(s) to determine
whether the identified pleading deficiencies may be cured by amendment.
Motions to dismiss that do not contain the required certification will be summarily
denied. Furthermore, a non-moving party’s non-compliance with this requirement,
including failure to timely engage in the meet-and-confer process, may result in the
assessment of monetary and/or nonmonetary sanctions. Those sanctions may
include, but are not limited to, an assessment of attorneys’ fees and costs associated
with the filing of the motion to dismiss, and/or a denial of the non-movant’s
subsequent request for leave to amend.
C. Motions for Leave to Amend Pleadings
Parties must attach a copy of the draft amended pleading to any motion to amend
and must show all proposed changes in “redline” or “track changes” format. The
motion shall state the position of all other parties to the motion and shall set forth
why amendment is supported by new law or newly discovered facts.
No motion is needed for any amended pleading permitted as of right under Fed. R.
Civ. P. 15(a), however parties must attach a copy of the amended pleading with all
proposed changes in “redline” or “track changes” format.
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D. Briefs
No briefs should be filed for motions for extensions of time and motions for
continuance. No briefs or motions are to be filed regarding discovery disputes
unless directed by the Court after a telephonic status conference. See Section
III.B.2. Otherwise, any motion seeking a substantive legal ruling, whether
dispositive or non-dispositive, must be accompanied by a supporting brief, filed
contemporaneously with the motion.
Briefs in support of and opposing dispositive motions are limited to twenty (20)
pages, excluding exhibits and fact statements submitted in support of, or in
opposition to, summary judgment motions. Briefs in support of and opposing all
other motions are limited to ten (10) pages. The Court will not consider substantive
arguments made in footnotes, nor will it deem those arguments preserved.
Reply briefs are permitted without leave of court only for Rule 12(b), Rule 12(c),
and Rule 56 motions, and are limited to five (5) pages. The parties must seek leave
of court to file all other reply briefs and any surreply brief, and will be limited to
five (5) pages if leave is granted.
E. Briefing Schedule
Parties have twenty-one (21) days from service to respond to a dispositive motion,
such as a motion to dismiss, a motion for summary judgment, or a motion to
remand. Parties have seven (7) days to respond to a non-dispositive motion, unless
otherwise ordered by the Court. Reply briefs to dispositive motions are due within
seven (7) days of the date of service of the response to which they reply. No replies
are permitted to non-dispositive motions except by leave of court. No surreplies for
any motion are permitted without leave of court.
F. Proposed Orders
All motions must include a proposed order as an attachment. The proposed order
must detail the specific relief sought, and not simply state that the motion “is
granted.”
G. Response to Statement of Facts on Summary Judgment
When responding to a statement of facts pursuant to Rule 56, the responding party
must include a reprint of each original fact statement, followed by the response,
seriatim.
Except as otherwise provided herein, counsel must follow Local Rule 56 when
filing and responding to summary judgment motions.
H. Oral Argument
Motions may be decided with or without oral argument as determined by the Court.
Any party who believes that oral argument will materially assist the Court’s
resolution of the motion may so advise the Court and request argument.
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I. Chambers Copies
Counsel should not send courtesy copies to chambers of any document that is
available on the CM/ECF system unless requested to do so.
J. Magistrate Judges’ Reports and Recommendations
Reports and Recommendations to which objections have been filed usually will not
be decided until a response is filed by the non-objecting party (or opposite party if
both object), unless no objections are filed in a timely manner, or the Court
concludes that the objections are without merit. Briefs in support of or in response
to objections are permitted. Such briefs shall not exceed fifteen (15) pages. If no
objections have been timely filed, the Court will resolve the objections solely on
the basis of the Report and Recommendation, the previously-filed briefs, and the
record.
K. Evidentiary Hearings
Evidentiary hearings on pretrial matters, when deemed to be appropriate by the
Court, generally will be scheduled in advance of trial. If counsel believes that an
evidentiary hearing is appropriate, they should confer with opposing counsel and
request a hearing by motion.
L. Motions in Limine/Daubert Motions
Deadlines for filing motions in limine and Daubert motions, with their respective
supporting briefs and proposed orders, will be set in the post-discovery or pretrial
scheduling orders. Prior to filing any motion, the moving party must meet and
confer with the non-moving party in a good-faith effort to resolve the dispute, and
if the dispute is not resolved, file a certificate of conferral in compliance with Local
Civil Rule 16.1.C.4.
Parties may file all motions in limine as a single omnibus motion in limine, or they
may file individual motions in limine. Each motion may not exceed five (5) pages
double-spaced; if a party elects to file an omnibus motion, the portion of the
omnibus brief supporting each motion in limine may not exceed 5 pages.
The Court will rule on these motions prior to trial, when feasible.
M. Bankruptcy Appeals
Appellant’s Brief is due 30 days after the filing of a notice of appeal. Appellee’s
brief in opposition is due 30 days after the filing of Appellant’s brief. Appellant’s
reply brief, if any, is due 14 days after the filing of Appellee’s brief in opposition.
Otherwise, briefing will be governed by Federal Bankruptcy Rule 8018.
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III. CIVIL PRETRIAL PROCEDURES
A. Pretrial Procedures
1. Confidential Position Letters
In all jury cases,1 at least three (3) business days prior to any scheduled conference
(initial case management conference, post-discovery status conference, settlement
or pretrial conference) each party shall submit a confidential position letter of five
(5) pages or less to Judge Wiegand’s chambers.1 To ensure candor, the position
letters are not to be filed or shared with opposing counsel, but rather, are to be
emailed to chambers at
[email protected]. All position
letters will be kept confidential.
The position letter shall include:
(a) A brief recitation of the most salient facts in the case;
(b) A forthright discussion of your party’s strengths and weaknesses,
including your party’s likelihood of prevailing on each claim or
defense and a description of the issues remaining in dispute;
(c) An estimate of the cost and time to be expended for trial;
(d) The relief you are seeking; and
(e) Your party’s settlement posture, including present demands and
offers and history of past settlement discussions, offers, and
demands.
2. Initial Case Management Conference
An initial case management conference will ordinarily be held within thirty (30)
days of the filing of answers by all defendants or disposition of a motion pursuant
to Fed. R. Civ. P. 12. Lead trial counsel are required to participate in the conference.
Prior to the conference, the parties must meet and confer and file their report
pursuant to Fed. R. Civ. P. 26(f), the form of which is set forth in “Appendix LCvR
16.1A” to the Local Civil Rules. The parties must also file a fully completed
stipulation selecting ADR process prior to the conference. The Court will strike
non-compliant ADR stipulations.
Counsel shall confer with their clients on all issues prior to the conference and be
prepared to discuss the substance of the case. The Court will issue a case
management order at or after the conference.
3. Post-Discovery Status Conferences
A post-discovery status conference will be held no more than thirty (30) days after
the close of discovery in each case to discuss any expert witnesses, motions for
summary judgment, potential trial dates, and settlement efforts. Lead trial counsel
shall participate unless permission is otherwise granted in advance, and parties must
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Position letters should not be submitted in non-jury cases before Judge Wiegand.
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be available by telephone. If the Court orders a full settlement conference to take
place as part of the post-discovery status conference, then the attendance
requirements for settlement conferences will be in effect, per Section III.A.4. below.
Prior to the post-discovery status conference, the parties shall meet and confer
regarding settlement of the case, whether either party intends to file a motion for
summary judgment, and if a party intends to file a motion for summary judgment,
on what claims.
Following discussion at the conference, if any party intends to file a motion for
summary judgment, the Court will set such deadlines. If no motions for summary
judgment will be filed, the Court will issue a pretrial order setting forth all pertinent
deadlines.
If motions for summary judgment are filed, the Court will schedule a status
conference after ruling on such motions to discuss settlement and pretrial matters,
and the pretrial order will be issued following this status conference. Lead trial
counsel shall participate unless permission is otherwise granted in advance, and
parties must be available by telephone. If the Court orders a full settlement
conference to take place as part of this post-discovery status conference, then the
attendance requirements for settlement conferences will be in effect, per Section
III.A.4. below.
4. Settlement Conferences
If a matter is anticipated to proceed to a jury trial as opposed to a bench trial, the
Court will entertain requests for settlement conferences, and/or may schedule such
conferences in its discretion, including as part of post-discovery status conferences
and/or pretrial conferences.
Lead trial counsel and the appropriate client representative(s) with ultimate
settlement authority shall attend all settlement conferences, in person. In cases
where there is insurance coverage (or the possibility of insurance coverage, even if
there is a coverage dispute or reservation of rights), an authorized representative
shall attend the settlement conference, in person. Insurance carrier and client
representatives in attendance must have ultimate settlement authority, and must not
need to consult with other individuals, by telephone or otherwise, to obtain approval
for any proposed settlement term or amount.
5. Final Pretrial Conference
The Court will schedule a final pretrial conference to address witness lists, exhibits,
motions in limine, jury instructions, voir dire, verdict slips, and any other pretrial
matters. All participating trial counsel, the appropriate client representative(s) with
ultimate settlement authority for each party, as well as any authorized insurance
representative(s) with ultimate settlement authority, are required to attend in person.
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B. Discovery Matters
1. Length of Discovery Period
Generally, 150 days is permitted for discovery unless the parties indicate that a
different time frame is needed and the Court approves that time frame. Extensions
of discovery may be permitted, but only for good cause shown, and if counsel has
advanced the case during the initial period of discovery.
2. Discovery/Deposition Disputes
Counsel for the parties must confer on discovery disputes, prior to seeking the
Court’s intervention. If a discovery dispute cannot be resolved after the parties have
conferred in good faith, the parties are to jointly contact chambers via telephone, or
email the Court’s deputy clerk
[email protected], with a copy
to the Court’s paralegal at
[email protected], to schedule a
telephonic status conference to discuss the dispute. No discovery motions are to be
filed until after the conference except in cases of emergency as certified by counsel.
The Court must be notified, if practicable, of any discovery dispute at least seven
(7) days prior to the close of the relevant discovery period. Absent good cause
shown, a failure to follow the above procedures shall result in a denial of any
discovery motion, without prejudice.
For discovery disputes that arise during a deposition, the attorneys together may
contact the Court by telephone to determine whether the Court wishes to resolve
the matter at that time.
3. Stay of Discovery
The filing of a motion to dismiss or other dispositive motion does not automatically
stay discovery. A stay may be sought by motion, but will be granted only if the
right to relief under the dispositive motion is clear or some other compelling reason
exists. In appropriate circumstances, discovery may be limited to those facts in
support or opposition to the dispositive motion. Participation in an ADR process
will not stay discovery.
C. Injunctions and TROs
Federal Rule of Civil Procedure 65 governs motions for temporary restraining
orders and/or preliminary injunctions, and litigants should review that rule prior to
the filing of any motion for injunctive relief. Any ex parte contact with the Court
should be avoided. For temporary restraining orders without notice, the moving
party must meet the requirements of Federal Rule of Civil Procedure 65(b).
Consistent with Rule 65, the Court will not issue a temporary restraining order:
(1) when the opposing party has been served;
(2) when the motion provides no certification indicating that prompt service
cannot be accomplished; or
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(3) when the motion is unaccompanied by an affidavit or verified complaint
consistent with Rule 65(b)(1)(A).
In circumstances where a bond or deposit of security may be required if relief is
granted, the moving party is expected to have that arranged at the time the motion
is filed.
The papers in support of a motion for temporary restraining order or preliminary
injunction shall include affidavit(s) in support of the motion with all relevant
documents attached to the affidavit(s). Any response to the motion for temporary
restraining order or preliminary injunction should be accompanied by affidavit(s).
Following a review of the pleadings and affidavit(s), the Court will, in its discretion,
determine whether or not to conduct a hearing, whether the injunction hearing
should be consolidated with a trial on the merits, the scope of the testimony
necessary to resolve the matter, and whether expedited discovery should be granted.
Counsel filing a motion for temporary restraining order or preliminary injunction
should immediately be prepared to proceed with argument, and testimony from
supporting witnesses.
IV. CRIMINAL CASES
A. Motions for Extensions of Time: Duty to Confer
Prior to requesting an extension of time to file pretrial motions, counsel for the
moving party must confer with opposing counsel to obtain consent, and state in the
motion whether consent was obtained. Appropriate language excluding such delay
from the operation of the Speedy Trial Act must be included in any proposed order
on such a motion. The duty to meet and confer extends to parties appearing pro se.
Unless the scheduled status conference will occur after the deadline to file pretrial
motions, any such motion shall only be filed after the status conference with the
Court. Any premature motion will be denied without prejudice.
B. Motions for Pre-Plea Presentence Report
The Court will not grant a motion for a pre-plea presentence report unless a criminal
defendant has consented to the submittal and disclosure of such report, consistent
with Federal Rule of Criminal Procedure 32(e)(1). Defendant’s written
consent/waiver shall be deemed acceptable to the Court if it is in the following
form:
DEFENDANT’S CONSENT TO SUBMITTAL AND DISCLOSURE OF A
LIMITED PRESENTENCE INVESTIGATION REPORT AND WAIVER OF FEDERAL
RULE OF CRIMINAL PROCEDURE 32(e)(1)
I, [NAME OF CRIMINAL DEFENDANT], after having been fully advised of my rights pursuant
to Federal Rule of Criminal Procedure 32(e)(1), the text of which is set forth below, consent to the
submittal and disclosure of a limited presentence investigation report by the United States
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Probation Office. This report shall be for the limited purpose of obtaining a criminal history
calculation as it applies to career offender status and its impact on my criminal history score and
offense level. I consent to the review of my presentence investigation report by a judge at any
time, including the time prior to entry of a plea of guilty or nolo contendere. I further acknowledge
the report will be made available for review to the parties in this case, including the prosecution.
Federal Rule of Criminal Procedure 32(e)(1) provides that: "[u]nless the defendant has consented
in writing, the probation officer must not submit a presentence report to the court or disclose its
contents to anyone until the defendant has pleaded guilty or nolo contendere, or has been found
guilty."
I have read, or had read to me, the foregoing consent and waiver and fully understand it.
[SIGNATURE OF CRIMINAL DEFENDANT]
C. Motions to Travel
Defendant’s counsel shall make every effort to ascertain the position of the
government as well as the Probation/Pretrial Services Office before filing a motion
to travel and include said positions in any motion.
D. Motions for Protective Order
Prior filing any motions for protective order, the parties must meet and confer in
good-faith regarding the protective order, and if the dispute is not resolved, file a
certificate of conferral in compliance with Local Civil Rule 16.1.C.4. The Motion
and proposed Protective Order shall each provide adequate information to support
a finding of good cause for the issuance of the proposed Protective Order. The duty
to meet and confer extends to parties appearing pro se.
E. Pretrial Motions and Motions for Discovery
Prior filing any pretrial motions or motions for discovery, counsel for Defendant
must meet and confer with the United States in a good-faith effort to resolve the
dispute, and if the dispute is not resolved, file a certificate of conferral in
compliance with Local Civil Rule 16.1.C.4. The duty to meet and confer extends
to parties appearing pro se.
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