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C.D. Cal. · Judge Early · Practice Guide

Hon. John D. Early

All local rules for C.D. Cal., integrated with this judge's published requirements.

Know Before You Go
👤 Judge Early — practice notes
  • No informal discovery procedure — 'strict compliance with Local Rule 37-1 and 37-2 is required' with no IDC or letter-brief off-ramp
  • Discovery motion papers must include ALL meet-and-confer correspondence regarding the dispute — attach the emails, not a summary
  • Remote appearances require a FILED application (not an email) at least 7 days before the hearing, stating all parties' positions — and are not automatically granted
  • Tentative rulings, IF issued, posted no earlier than noon one court day before hearing — if all parties submit, no appearance required
  • Civil law-and-motion runs Thursdays at 10:00 a.m., in person by default; no clearance needed if the date is open
  • Settlement conferences require 3 proposed dates jointly submitted to the CRD at least 4 weeks before the requested conference
Get updates when Judge Early's procedures change
Discovery Motions
Who decides discovery disputes in this judge's cases: the judge themself, a referral to a magistrate (always / usually / case-by-case), or a special master?
🏛 C.D. Cal. local rule

“Court” includes the judge or magistrate judge to whom a civil or criminal action, proceeding, case or matter has been assigned; (p. 20)

All actions shall be assigned when commenced to individual judges and magistrate judges of this Court in the manner provided by General Order. (p. 118)

United States Magistrate Judges of this Court are authorized to perform all of the duties and functions prescribed and authorized by 28 U.S.C. § 636, or any other statutes or Federal Rules of Procedure which authorize Magistrate Judges to perform judicial duties or functions, as set forth in General Order No. 05-07, or any successor General Order. (p. 104)

If a party submits a timely Declination of Consent Form, the case will be randomly assigned to a District Judge to preside over the case for all purposes and randomly assigned to a new Magistrate Judge to preside over discovery. (p. 107)

IT IS FURTHER ORDERED that the following civil and criminal matters shall be referred to the full-time Magistrate Judges: (p. 2)

Discovery-related matters upon referral by the District Judge to whom the case is assigned; (p. 2)

Pretrial matters not relating to discovery; and (p. 7)

L.R. 1-4(a); 72-1; 73-2.2; 83-1.1; General Order No. 05-07 (civil matters ¶ 8; non-referable civil matters ¶ 9)

👤 Judge Early — standing order

“DISCOVERY MOTIONS: Discovery motions are to be calendared before the Magistrate Judge unless otherwise ordered by the District Judge.” · JUDGE PAGE

Pre-motion conferral: required? Format (in person / live / written OK)? Who arranges it, deadline, number of attempts?
🏛 C.D. Cal. local rule

Before filing any motion relating to discovery under F.Rs.Civ.P. 26-37, counsel for the parties must confer in a good-faith effort to eliminate the necessity for hearing the motion or to eliminate as many of the disputes as possible. (p. 75)

It is the responsibility of counsel for the moving party to arrange for this conference. (p. 75)

If both counsel are located in the same county, the conference must take place in person at the office of the moving party’s counsel unless the parties agree to meet someplace else. (p. 75)

If both counsel are not located in the same county, the conference may take place telephonically. (p. 75)

Unless relieved by written order of the Court upon good cause shown, counsel for the opposing party must confer with counsel for the moving party within ten days after the moving party serves a letter requesting such conference. (p. 75)

The moving party’s letter must identify each issue and/or discovery request in dispute, state briefly as (p. 75)

to each such issue/request the moving party’s position (and provide any legal authority the moving party believes is dispositive of the dispute as to that issue/request), and specify the terms of the discovery order to be sought. (p. 76)

except in connection with discovery motions (which are governed by L.R. 37-1 through 37-4) (p. 39)

L.R. 37 applies to all motions relating to discovery subpoenas served on (a) parties and (b) non-parties represented by counsel. (p. 81)

L.R. 37-1; 7-3 (discovery carve-out); 45-1

👤 Judge Early — standing order

“Strict compliance with Local Rule 37-1 and 37-2 is required.” · JUDGE PAGE

What proof of conferral must be filed or stated (certification, letter, dates, participants, duration)?
🏛 C.D. Cal. local rule

When a party states its contentions on a particular issue, such party must also state how it proposed to resolve the dispute over that issue at the conference of counsel. (p. 76)

The Court will not consider any discovery motion in the absence of a joint stipulation or a declaration from counsel for the moving party establishing that opposing counsel (a) failed to confer in a timely manner under L.R. 37-1; (b) failed to provide the opposing party’s portion of the joint stipulation in a timely manner under L.R. 37-2.2; or (c) refused to sign and return the joint stipulation after the opposing party’s portion was added. (p. 77)

L.R. 37-2.1; 37-2.4

👤 Judge Early — standing order

“The parties must include with any discovery motion all meet and confer correspondence regarding the dispute.” · JUDGE PAGE

Must (or may) the parties get a conference with the court before a written motion (IDC, pre-motion conference, discovery hotline, teleconference)? Required / optional / not offered?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Early — standing order

Nothing posted.

The vehicle and contents for raising a dispute with the court: letter / letter-motion / email / form / joint submission. Joint or unilateral? Page or word limits, required contents, attachments.
🏛 C.D. Cal. local rule

If counsel are unable to settle their differences, they must formulate a written stipulation unless otherwise ordered by the Court. (p. 76)

The stipulation must be filed and served with the notice of motion. (p. 76)

Unless otherwise provided by rule or order of the Court, no oral motions will be recognized and every motion shall be presented by written notice of motion. (p. 38)

All matters must be called to a judge’s attention by appropriate application or motion filed in compliance with these Local Rules. (p. 129)

L.R. 37-2; 6-1; 83-2.5

👤 Judge Early — standing order

“Strict compliance with Local Rule 37-1 and 37-2 is required.” · JUDGE PAGE

If a written motion is filed: form (joint stipulation, standard motion, letter brief), length, required contents (e.g., verbatim requests and responses), briefing schedule
🏛 C.D. Cal. local rule

The stipulation must be set forth in one document signed by both counsel. (p. 76)

The stipulation must contain all issues in dispute and, as to each such issue, the contentions and points and authorities of each party. (p. 76)

The stipulation may not refer the Court to any other documents. (p. 76)

For example, if the sufficiency of an answer to an interrogatory is at issue, the stipulation must contain, verbatim, both the interrogatory and the allegedly insufficient answer, followed by each party’s contentions as to that particular interrogatory, separately stated. (p. 76)

The specification of the issues in dispute, and the parties’ contentions and points and authorities as to such issues, may be preceded by an introductory statement from each party, provided that no party’s introductory statement may exceed three pages in length. (p. 76)

Although the stipulation should present the disputed issues as concisely as the subject matter permits, the page limitation established by L.R. 11-6 does not apply to stipulations regarding discovery disputes. (p. 76)

Any stipulation exceeding ten pages in length, excluding exhibits, must be accompanied by an indexed table of contents setting forth the headings or subheadings contained in the body thereof but need not be accompanied by a table of authorities. (p. 76)

The title page of the stipulation must state the date and time of the motion hearing, the discovery cutoff date, the pretrial-conference date, and the trial date. (p. 76)

In addition, a copy of the order establishing the initial case schedule, as well as any amendments, must be attached to the stipulation or to a declaration filed in support of the motion. (p. 76)

Following the conference of counsel, counsel for the moving party must personally deliver, e-mail, or fax to counsel for the opposing party the moving party’s portion of the stipulation, together with all declarations and exhibits to be offered in support of the moving party’s position. (p. 77)

Unless the parties agree otherwise, within seven days of receipt of the moving party’s material, counsel for the opposing party must personally deliver, e-mail, or fax to counsel for the moving party the opposing party’s portion of the stipulation, together with all declarations and exhibits to be offered in support of the opposing party’s position. (p. 77)

After the opposing party’s material is added to the stipulation by the moving party’s counsel, the stipulation must be provided to opposing counsel, who must sign it (electronically or otherwise) and return it to counsel for the moving party no later than the end of the next business day, so that it can be filed with the notice of motion. (p. 77)

If such declaration accompanies the motion, then L.Rs. 6-1, 7-9 and 7-10 apply. (p. 77)

L.R. 37-2.1; 37-2.2; 37-2.4

👤 Judge Early — standing order

“The parties must include with any discovery motion all meet and confer correspondence regarding the dispute.” · JUDGE PAGE

“Strict compliance with Local Rule 37-1 and 37-2 is required.” · JUDGE PAGE

Replies, supplemental memos, sur-replies: allowed? Limits?
🏛 C.D. Cal. local rule

After the Joint Stipulation is filed, each party may file a supplemental memorandum of law not later than fourteen days before the hearing date. (p. 77)

Unless otherwise ordered by the Court, a supplemental memorandum may not exceed five pages in length. (p. 77)

No other separate memorandum of points and authorities may be filed by either party in connection with the motion. (p. 77)

A moving party may, not later than fourteen (14) days before the date designated for the hearing of the motion, serve and file a reply memorandum, and declarations or other rebuttal evidence. (p. 41)

Absent prior written order of the Court, the opposing party shall not file a response to the reply. (p. 41)

L.R. 37-2.3; 7-10 (L.R. 37-2.4 declaration path only)

👤 Judge Early — standing order

Nothing posted.

Must disputes be filed / heard / decided before the discovery cutoff? Any lead-time requirement?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Early — standing order

Nothing posted.

Is there a hearing? When, how (in person / phone / video), decided on papers?
🏛 C.D. Cal. local rule

The motion must be noticed to be heard on a regular Motion Day for the appropriate judge at least twenty-one days after the filing of the motion. (p. 77)

Unless otherwise ordered by the Court, the Clerk shall place each motion on the Motion Day calendar for the date designated in the written notice of motion. (p. 38)

The Court may dispense with oral argument on any motion except where an oral hearing is required by statute, the F.R.Civ.P. or these Local Rules. (p. 42)

Judges hold law and motion calendars on various days of the week and times of day. (p. 108)

L.R. 37-3; 6-1; 7-15; 78-1

👤 Judge Early — standing order

“Thursdays at 10:00 a.m.” · JUDGE PAGE

“The Court may reschedule hearings or decide motions without oral argument as warranted.” · JUDGE PAGE

“Hearings are conducted in-person unless a General Order, Order of the Chief Judge, or other Order directs otherwise.” · JUDGE PAGE

“TELEPHONIC OR VIDEOCONFERENCE APPEARANCES: Any request for appearance by telephone or videoconference must be made by filed application at least seven days before the hearing.” · JUDGE PAGE

“Remote appearance request are not automatically granted.” · JUDGE PAGE

Emergency / ex parte discovery relief (e.g., disputes during a deposition): allowed? How?
🏛 C.D. Cal. local rule

Unless the Court in its discretion otherwise allows, no discovery motions may be filed or heard on an ex parte basis absent a (p. 77)

showing of irreparable injury or prejudice not attributable to the lack of diligence of the moving party. (p. 78)

An application for an ex parte order shall be accompanied by a memorandum containing, if known, the name, address, telephone number and e-mail address of counsel for the opposing party, the reasons for the seeking of an ex parte order, and points and authorities in support thereof. (p. 43)

It shall be the duty of the attorney so applying (a) to make reasonable, good faith efforts orally to advise counsel for all other parties, if known, of the date and substance of the proposed ex parte application and (b) to advise the Court in writing and under oath of efforts to contact other counsel and whether any other counsel, after such advice, opposes the application. (p. 43)

L.R. 37-3; 7-19; 7-19.1

👤 Judge Early — standing order

“EX PARTE APPLICATIONS: Compliance with Local Rules 7-19 and 7-19.1 is required.” · JUDGE PAGE

“The Caption shall identify whether the application is "OPPOSED" or "UNOPPOSED."” · JUDGE PAGE

“Opposition papers should be filed no later than 24 hours after the filing of the application.” · JUDGE PAGE

“Ex parte applications are usually considered on the papers only.” · JUDGE PAGE

Stated consequences for not following the procedure
🏛 C.D. Cal. local rule

The failure of any counsel to comply with or cooperate in the foregoing procedures may result in the imposition of sanctions. (p. 78)

The Court will not consider any discovery motion in the absence of a joint stipulation or a declaration from counsel for the moving party (p. 77)

L.R. 37-4; 37-2.4

👤 Judge Early — standing order

Nothing posted.

Hearings & Calendar
When does the judge hear civil motions?
🏛 C.D. Cal. local rule

Judges hold law and motion calendars on various days of the week and times of day. Consult the Court’s website for Judges’ schedules and procedures: https://www.cacd.uscourts.gov/judges-schedules-procedures. (p. 108)

Unless otherwise ordered by the Court, the Clerk shall place each motion on the Motion Day calendar for the date designated in the written notice of motion. (p. 38)

L.R. 78-1; 6-1

👤 Judge Early — standing order

“Thursdays at 10:00 a.m.” · JUDGE PAGE

How do you get a hearing date? Self-notice on the motion day, reserve with the courtroom deputy first, or the court sets it? Notice period? Closed dates?
🏛 C.D. Cal. local rule

Unless otherwise provided by rule or order of the Court, no oral motions will be recognized and every motion shall be presented by written notice of motion. The notice of motion shall be filed with the Clerk not later than twenty-eight (28) days before the date set for hearing, (p. 38)

If served personally, or electronically, the notice of motion shall be served not later than twenty-eight (28) days before the Motion Day designated in the notice. The Court may order a shorter time. (p. 38)

If mailed, the notice of motion shall be served not later than thirty-one (31) days before the Motion Day designated in the notice. (p. 38)

On the first page of the notice of motion and every other document filed in connection with any motion, there shall be included, under the title of the document, the date and time of the motion hearing, and the name of the judicial officer before whom the motion has been noticed. (p. 39)

L.R. 6-1; 7-4; 7-10

👤 Judge Early — standing order

“A motion hearing date need not be cleared with the Courtroom Deputy Clerk ("CRD") if the date selected is not closed.” · JUDGE PAGE

Is there oral argument by default, or is it decided on the papers? Can the court vacate the hearing?
🏛 C.D. Cal. local rule

Counsel for the moving party and the opposing party shall be present on the hearing date and shall have such familiarity with the case as to permit informed discussion and argument of the motion. (p. 41)

The Court may dispense with oral argument on any motion except where an oral hearing is required by statute, the F.R.Civ.P. or these Local Rules. (p. 42)

Counsel may, with the consent of the Court, waive oral argument. Counsel who have agreed to waive oral argument shall advise the court clerk of such agreement by no later than noon on the fifth day preceding the hearing date. The court clerk shall advise the parties by no later than noon on the court day preceding the hearing date as to whether the Court has consented to the waiver of oral argument. (p. 42)

L.R. 7-14; 7-15

👤 Judge Early — standing order

“The Court may reschedule hearings or decide motions without oral argument as warranted.” · JUDGE PAGE

How do you request oral argument (or a hearing) if it isn't automatic?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Early — standing order

Nothing posted.

Does the judge issue tentative rulings? When and where are they posted, and what do you do if you submit on one?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Early — standing order

“TENTATIVE RULINGS: Tentative rulings, if issued, will be available at the "Tentative Rulings" link on this page no earlier than noon one court day before the hearing.” · JUDGE PAGE

“If all parties submit on the tentative ruling, they should advise the CRD, and, upon confirmation, no appearance will be required.” · JUDGE PAGE

Can you appear remotely (phone/video)? How and when to request it?
🏛 C.D. Cal. local rule

Photographing or recording any part of any court proceeding from a location outside the courthouse is prohibited, including in conjunction with an appearance made by telephone or videoconference. (p. 144)

Counsel for the moving party and the opposing party shall be present on the hearing date (p. 41)

L.R. 83-6.6; 7-14

👤 Judge Early — standing order

“Hearings are conducted in-person unless a General Order, Order of the Chief Judge, or other Order directs otherwise.” · JUDGE PAGE

“TELEPHONIC OR VIDEOCONFERENCE APPEARANCES: Any request for appearance by telephone or videoconference must be made by filed application at least seven days before the hearing.” · JUDGE PAGE

“Such application should state the position of all parties regarding the request.” · JUDGE PAGE

“Remote appearance request are not automatically granted.” · JUDGE PAGE

Does the judge encourage or guarantee argument by newer attorneys?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Early — standing order

Nothing posted.

How do you continue/adjourn a hearing?
🏛 C.D. Cal. local rule

Unless the order for continuance shall specify otherwise, the entry of an order continuing the hearing of a motion automatically extends the time for filing and serving opposing papers and reply papers to twenty-one (21) days and fourteen (14) days, respectively, preceding the new hearing date. A stipulation to continue shall provide the date the opposition and reply papers are due to be filed with the Court. (p. 41)

Any application for continuance of any trial or similar proceeding shall be served and filed at least five (5) days before the day set for the trial or proceeding. The application shall set forth in detail the reasons therefor. (p. 79)

Counsel shall notify the court clerk immediately when a stipulation for the continuance of a hearing, pre-trial conference, trial or other proceeding is to be submitted for approval of the Court. (p. 79)

No continuance (whether stipulated to by counsel or not) shall be effective unless approved in writing or announced in open court by the judge. (p. 79)

L.R. 7-11; 40-1; 40-1.1; 40-1.2

👤 Judge Early — standing order

Nothing posted.

Courtroom technology and devices: equipment available; phones/laptops allowed; testing in advance
🏛 C.D. Cal. local rule

the phrase “electronic device” means all equipment, including computers, cameras, cellular telephones, tablets, smart watches, and similar devices, (p. 143)

Subject to the conditions set forth in this L.R. 83-6, possession of electronic devices is permitted in all courthouses; however, court security personnel will screen electronic devices before permitting them to be brought into a courthouse (p. 143)

Except as provided in L.R. 83-6.5, electronic devices may be used in all Central District courthouses in a non-disruptive manner for purposes other than taking photographs, making audio or video recordings, or broadcasting, televising, transmitting or live streaming audio or video. (p. 144)

Except as otherwise provided in this L.R. 83-6 or as expressly approved in advance by the court in writing, electronic devices must not be used in any public area of a courthouse to take photographs, make audio or video recordings, or broadcast, televise, transmit or live stream any audio or video. (p. 144)

Except as approved in advance by the court, all electronic devices must be turned off completely in the following areas at the designated times: (1) all courtrooms at all times; (p. 144)

L.R. 83-6 (83-6.1.1, 83-6.2, 83-6.3, 83-6.4, 83-6.5)

👤 Judge Early — standing order

Nothing posted.

Stated consequences for hearing-related noncompliance
🏛 C.D. Cal. local rule

Failure of any counsel to appear, unless excused by the Court in advance pursuant to L.R. 7-15 or otherwise, may be deemed consent to a ruling upon the motion adverse to that counsel’s position. (p. 41)

In any civil case, failure to comply with the provisions of L.R. 40-1 or 40-2 may subject counsel or the parties to the following sanctions: (a) Payment of costs and attorneys’ fees of an opposing party; (b) Payment of reasonable charges reflecting the costs of compensating jurors for their unnecessary appearance; and (c) Such other sanctions as may seem proper to the Court under the circumstances. (p. 79)

If a party, without notice to the Court, fails to appear at the noticed call of any action or proceeding, the matter is subject to dismissal for want of prosecution. (p. 80)

In response to a violation of this L.R. 83-6 or of any court order addressing matters covered by this rule, court security personnel may order immediate compliance, direct the offender to leave the courtroom or the building, temporarily confiscate the device(s) used in violation of this rule, (p. 146)

A violation of L.R. 83-6 may constitute contempt of court. (p. 146)

L.R. 7-14; 40-3; 41-5; 83-6.9.1; 83-6.9.2

👤 Judge Early — standing order

Nothing posted.

Summary Judgment
How many SJ motions may each party (or side) file, and how do you get leave for more?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Early — standing order

Nothing posted.

What page limits apply to SJ briefs, where they differ from the general motion limits?
🏛 C.D. Cal. local rule

Except as otherwise provided in this rule or ordered by a judge, no memorandum of points and authorities, pretrial brief, trial brief, or posttrial brief may exceed 7,000 words, including headings, footnotes, and quotations but excluding the caption, the table of contents, the table of authorities, the signature block, the certification required by L.R. 11-6.2, and any indices and exhibits. (p. 52)

L.R. 11-6.1

👤 Judge Early — standing order

Nothing posted.

Do you need the court's permission, a pre-motion conference or letter, a status report, or advance notice before filing?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Early — standing order

Nothing posted.

Can you move for SJ before discovery closes?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Early — standing order

Nothing posted.

When must the motion be filed or heard, and on what briefing schedule?
🏛 C.D. Cal. local rule

The notice of motion shall be filed with the Clerk not later than twenty-eight (28) days before the date set for hearing, and shall be served on each of the parties electronically or, if excepted from electronic filing, either by deposit in the mail or by personal service. (p. 38)

The Court may order a shorter time. (p. 38)

Each opposing party shall, not later than ten (10) days after service of the motion in the instance of a new trial motion and not later than twenty-one (21) days before the date designated for the hearing of the motion in all other instances, serve upon all other parties and file with the Clerk either (a) the evidence upon which the opposing party will rely in opposition to the motion and a brief but complete memorandum which shall contain a statement of all the reasons in opposition thereto and the points and authorities upon which the opposing party will rely, or (b) a written statement that that party will not oppose the motion. (p. 40-41)

A moving party may, not later than fourteen (14) days before the date designated for the hearing of the motion, serve and file a reply memorandum, and declarations or other rebuttal evidence. (p. 41)

L.R. 6-1; 7-9; 7-10

👤 Judge Early — standing order

Nothing posted.

Before filing, must the movant confer with or serve SJ papers on the opponent, and how far ahead?
🏛 C.D. Cal. local rule

In all cases not listed as exempt in L.R. 16-12, and except in connection with discovery motions (which are governed by L.R. 37-1 through 37-4), applications under F.R.Civ.P. 65 for temporary restraining orders or preliminary injunctions, and motions to retax costs under L.R. 54-2.5, counsel contemplating the filing of any motion must first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution. (p. 39)

The conference must take place in person, by telephone, or via video conference at least 7 days prior to the filing of the motion. (p. 39)

L.R. 7-3

👤 Judge Early — standing order

Nothing posted.

What kind of fact statement does the judge want?
🏛 C.D. Cal. local rule

A party filing a notice of motion for summary judgment or partial summary judgment must file a separate “Statement of Uncontroverted Facts.” (p. 93)

Any party who opposes a motion for summary judgment or partial summary judgment must serve and file with the opposing papers a separate “Statement of Genuine Disputes” setting forth all material facts as to which it is contended there exists a genuine dispute necessary to be litigated. (p. 93)

Any moving party who files a reply to an opposition to a motion for summary judgment or partial summary judgment must file a “Response to Statement of Genuine Disputes,” which must include every fact included in the opposing party’s Statement of Genuine Disputes (in the same order, using the same numbers, and with all citations to the supporting evidence identified by either the moving or opposing party), and, for facts disputed by the opposing party, the moving party’s response (with pinpoint citations including page and line numbers, if available, to evidence in the record) to rebut the existence of a genuine dispute. (p. 93)

L.R. 56-1; 56-2; 56-3

👤 Judge Early — standing order

Nothing posted.

Is there a cap on the fact statement (and the response)?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Early — standing order

Nothing posted.

How must the fact statement and responses be laid out?
🏛 C.D. Cal. local rule

Each such fact must be numbered and must be supported by pinpoint citations (including page and line numbers, if available) to evidence in the record. (p. 93)

This Statement must include two columns, setting forth in the left-hand column every fact included in the moving party’s Statement of Uncontroverted Facts (in the same order, using the same numbers, and with all citations to the supporting evidence identified by the moving party) and indicating for each such fact in the right-hand column whether the opposing party contends that a genuine dispute necessary to be litigated exists as to that fact. (p. 93)

L.R. 56-1; 56-2

👤 Judge Early — standing order

Nothing posted.

How do you raise evidentiary objections to the other side's SJ evidence?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Early — standing order

Nothing posted.

How must SJ evidence be assembled?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Early — standing order

Nothing posted.

Do you file full deposition transcripts or only the cited excerpts?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Early — standing order

Nothing posted.

In the brief, do you cite the record, the fact statement, or both? Must the brief carry its own statement of facts?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Early — standing order

Nothing posted.

If the motion or opposition depends on excluding an expert, how and when must the challenge be raised?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Early — standing order

Nothing posted.

How are cross-motions handled?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Early — standing order

Nothing posted.

Will the judge entertain SJ in a non-jury case?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Early — standing order

Nothing posted.

What consequences does the judge's own text state for SJ noncompliance?
🏛 C.D. Cal. local rule

In determining any motion for summary judgment or partial summary judgment, the Court may assume that the material facts as claimed and adequately supported by the moving party are admitted to exist without controversy except to the extent that such material facts are (a) included in the Statement of Genuine Disputes and (b) controverted by declaration or other written evidence filed in opposition to the motion. (p. 94)

The Court is not obligated to look any further in the record for supporting evidence other than what is actually and specifically referenced in the Statement of Uncontroverted Facts, the Statement of Genuine Disputes, and the Response to Statement of Genuine Disputes. (p. 94-95)

The failure to file any required document, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the motion, with the exception that a motion pursuant to F.R.Civ.P. 56 may not be granted solely based on the failure to file an opposition. (p. 41)

L.R. 56-4; 7-12

👤 Judge Early — standing order

Nothing posted.

Pro Hac Vice
What does PHV admission cost, who pays it, and is it ever waived?
🏛 C.D. Cal. local rule

(2) the pro hac vice fee set by General Order of the Court (unless the applicant is employed by the United States or any of its departments or agencies, in which case no fee is required); and (p. 124)

General Order 25-05; L.R. 83-2.1.3.3(b)(2)

👤 Judge Early — standing order

Nothing posted.

Must PHV counsel associate with local counsel (a member of this court's bar), and who qualifies?
🏛 C.D. Cal. local rule

Every attorney seeking to appear pro hac vice must designate as Local Counsel an attorney with whom the Court and opposing counsel may readily communicate regarding the conduct of the case and upon whom documents may be served. An attorney may be designated as Local Counsel only if he or she: (1) is a member of the Bar of this Court and (2) maintains an office within the District for the practice of law, in which the attorney is physically present on a regular basis to conduct business. (p. 125)

L.R. 83-2.1.3.4

👤 Judge Early — standing order

Nothing posted.

Who files the PHV motion or application: the applicant, or local or sponsoring counsel?
🏛 C.D. Cal. local rule

(b) The completed Application of Nonresident Attorney to Appear in a Specific Case must be electronically filed by the identified Local Counsel in each case in which the applicant seeks to appear, together with the following: (p. 124)

L.R. 83-2.1.3.3(b)

👤 Judge Early — standing order

Nothing posted.

What proof of good standing is required (a certificate or a sworn statement), from which bars, and how recent?
🏛 C.D. Cal. local rule

(3) a Certificate of Good Standing from each state bar in which the applicant is a member, issued no more than 30 days before filing the Application of Nonresident Attorney to Appear in a Specific Case. (p. 124)

L.R. 83-2.1.3.3(b)(3)

👤 Judge Early — standing order

Nothing posted.

What must the PHV motion or application contain, and must (or may not) a particular form be used?
🏛 C.D. Cal. local rule

(a) Each applicant for permission to appear pro hac vice must complete an Application of Nonresident Attorney to Appear in a Specific Case (Form G-64, available on the Court's website), which must include: (1) certification that the applicant is familiar with the Court's Local Civil and Criminal Rules and with the Federal Rules of Civil Procedure, Criminal Procedure, and Evidence; (p. 123)

(2) identification of Local Counsel as required by L.R. 83-2.1.3.4; and (3) a list of all pro hac vice applications made to this Court in the previous three years. (p. 124)

(1) a separate proposed Order; (p. 124)

L.R. 83-2.1.3.3(a)-(b)

👤 Judge Early — standing order

Nothing posted.

By when must the PHV motion be filed or granted: before a filing, before a conference, or at the first appearance? Is an oral motion allowed?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Early — standing order

Nothing posted.

Must PHV counsel register for ECF (or is it barred), and by when?
🏛 C.D. Cal. local rule

To file documents using the CM/ECF System, an attorney must obtain an individual account login and password from the federal judiciary's national Public Access to Court Electronic Records ("PACER") system (www.pacer.gov) and link this account to the Court's CM/ECF System. (p. 25)

L.R. 5-4.1 (general, not PHV-specific)

👤 Judge Early — standing order

Nothing posted.

What must local counsel do once PHV counsel is in the case (attend conferences or hearings, sign filings, know the case, accept service, answer for PHV counsel)?
🏛 C.D. Cal. local rule

Every attorney seeking to appear pro hac vice must designate as Local Counsel an attorney with whom the Court and opposing counsel may readily communicate regarding the conduct of the case and upon whom documents may be served. (p. 125)

(b) The completed Application of Nonresident Attorney to Appear in a Specific Case must be electronically filed by the identified Local Counsel in each case in which the applicant seeks to appear, together with the following: (p. 124)

A judge to whom a case is assigned may, in the exercise of discretion, require the designation of an attorney who is a member of the Bar of this Court and who maintains an office within the District as co-counsel with authority to act as attorney of record for all purposes. (p. 125)

L.R. 83-2.1.3.4; 83-2.1.3.3(b); 83-2.1.3.5

👤 Judge Early — standing order

Nothing posted.

Must the PHV motion state the other parties' position or consent, or confer with them first? When may the other side oppose?
🏛 C.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Early — standing order

Nothing posted.

What consequences does the judge's own text state for PHV problems (revocation of PHV status, denial, a duty to bring in local counsel)?
🏛 C.D. Cal. local rule

The applicant must also attach a Certificate of Good Standing (issued within the last 30 days) from every state bar to which he or she is admitted; failure to do so will be grounds for denying the Application. (p. 1)

Failure to pay the fee at the time of filing will be grounds for denying the Application. (p. 1)

Form G-64 instructions (rev. 10/25)

👤 Judge Early — standing order

Nothing posted.

Are attorneys who live, work, or are barred in this state excluded from PHV and sent to full admission?
🏛 C.D. Cal. local rule

Unless authorized by the Constitution of the United States or Acts of Congress, an applicant is not eligible for permission to practice pro hac vice if the applicant: (a) resides in California; (b) is regularly employed in California; or (c) is regularly engaged in business, professional, or other similar activities in California. (p. 123)

L.R. 83-2.1.3.2

👤 Judge Early — standing order

Nothing posted.

Is there a cap on how often an attorney may appear PHV, or a required disclosure of past PHV applications?
🏛 C.D. Cal. local rule

(3) a list of all pro hac vice applications made to this Court in the previous three years. (p. 124)

L.R. 83-2.1.3.3(a)(3)

👤 Judge Early — standing order

Nothing posted.

Do government attorneys need PHV admission, and are they exempt from the fee or local counsel?
🏛 C.D. Cal. local rule

(2) the pro hac vice fee set by General Order of the Court (unless the applicant is employed by the United States or any of its departments or agencies, in which case no fee is required); and (p. 124)

(a) Any person who is eligible for admission to the Bar of this Court under L.R. 83-2.1.2 and who is employed by the United States or any of its departments or agencies or by the Office of the Federal Public Defender may practice in this Court in all actions or proceedings within the scope of his or her employment by the United States or by the Office of the Federal Public Defender without being admitted to the Bar of this Court and without paying any associated admission fee. (p. 125)

Notwithstanding L.R. 83-2.1.4.1, attorneys employed by the United States specially appointed by the United States Attorney General to conduct any kind of legal proceeding, civil or criminal, under 28 U.S.C. §§ 515(a) or 543, may appear before this Court and without filing an Application of Nonresident Attorney to Appear in a Specific Case. (p. 126)

L.R. 83-2.1.3.3(b)(2); 83-2.1.4.1; 83-2.1.4.2

👤 Judge Early — standing order

Nothing posted.

Other procedures for Judge Early
Before You File
Ex parte applications
🏛 C.D. Cal. local rule

L.R. 7-19.1 Notice of Application. It shall be the duty of the attorney so applying (a) to make reasonable, good faith efforts orally to advise counsel for all other parties, if known, of the date and substance of the proposed ex parte application and (b) to advise the Court in writing and under oath of efforts to contact other counsel and whether any other counsel, after such advice, opposes the application. L.R. 7-19.2 Waiver of Notice. If the judge to whom the application is made finds that the interest of justice requires that the ex parte application be heard without notice (which in the instance of a TRO means that the requisite showing under F.R.Civ.P. 65(b) has been made), the judge may waive the notice requirement of L.R. 7-19.1. L.R. 7-19.1, 7-19.2 ↗

👤 Judge Early — standing order

EX PARTE APPLICATIONS: Compliance with Local Rules 7-19 and 7-19.1 is required. The Caption shall identify whether the application is “OPPOSED” or “UNOPPOSED.” Opposition papers should be filed no later than 24 hours after the filing of the application. Ex parte applications are usually considered on the papers only.

Drafting the Motion
Length limits — motion, opposition, reply
🏛 C.D. Cal. local rule
Opposition

L.R. 11-6.1 Points and Authorities - Trial Briefs - Length. Except as otherwise provided in this rule or ordered by a judge, no memorandum of points and authorities, pretrial brief, trial brief, or posttrial brief may exceed 7,000 words, including headings, footnotes, and quotations but excluding the caption, the table of contents, the table of authorities, the signature block, the certification required by L.R. 11-6.2, and any indices and exhibits. L.R. 11-6.1 ↗

Reply

L.R. 11-6.1 Points and Authorities - Trial Briefs - Length. Except as otherwise provided in this rule or ordered by a judge, no memorandum of points and authorities, pretrial brief, trial brief, or posttrial brief may exceed 7,000 words, including headings, footnotes, and quotations but excluding the caption, the table of contents, the table of authorities, the signature block, the certification required by L.R. 11-6.2, and any indices and exhibits. L.R. 11-6.1 ↗

Filing & Scheduling
Proposed orders
🏛 C.D. Cal. local rule

L.R. 52-4.1 Separate Order. A separate proposed order shall be submitted with any stipulation, application, motion, or request of the parties requiring an order of the court. If the proposed order is the result of a stipulation, the pertinent elements requested in the stipulation shall be set forth in the order. Unless the filer is exempted from electronic filing pursuant to L.R. 5-4.2(a), the proposed order shall be submitted as provided in L.R. 5-4.4. L.R. 52-4.1 ↗

👤 Judge Early — standing order

PROPOSED ORDERS: Electronic copies of proposed orders, in Microsoft Word format, must be e-mailed to the Court at JDE_Chambers@cacd.uscourts.gov.

More from Judge Early’s procedures
👤 Judge Early — standing order
Protective order standards

STIPULATED PROTECTIVE ORDERS: Any proposed discovery protective order, even if subject to a stipulation, must satisfy the standards of Fed. R. Civ. P. 26 and other applicable authorities. The Court will not enter a protective order purporting to restrict public access to court records that are contrary to the procedures set forth in Local Rule 79-5 and other applicable authorities. Similarly, no proposed discovery protective order should purport to control the handling of materials at trial. A model protective order is attached below. CM/ECF procedures must be followed for lodging of proposed orders, including emailing Chambers a word processing version of the proposed order. See Local Rule 5.4.4. Source ↗

Settlement conference procedures

SETTLEMENT CONFERENCES: If a settlement conference has been ordered, the parties should jointly contact the CRD with at least three proposed dates at least four weeks before the requested conference. A further order will issue after a date is accepted. Source ↗

content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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