Judge James V. Selna -- United States District Court, Central District of California

Courtroom 10C, 10th Floor, Ronald Reagan Federal Building and United States Courthouse, Santa Ana

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Key Traps — Where Counsel Gets Caught

  1. 1. Selna DOES issue tentative rulings in federal court — posted late Friday afternoon before Monday hearing (uncommon in CACD)
  2. 2. If no hearing is set on a motion, party has until 5:00 p.m. the day after the nominal hearing date to file a <=5-page brief requesting one — otherwise the tentative becomes the order
  3. 3. Footnote cap: 5 LINES per footnote — Court flags extensive footnotes as "subterfuge to avoid page limitations"
  4. 4. Courtesy copy of EVERY e-filed pleading must be dropped by noon the day after filing; late delivery may push the motion off calendar
  5. 5. All hearings in-person in Courtroom 10C; remote requests due 5 court days out with declaration — "rarely granted" and out-of-district counsel is not good cause
  6. 6. No special appearances — only counsel of record may appear at any proceeding
  7. 7. In-person attendance required for ALL civil Pretrial Conferences by all attorneys
  8. 8. Stipulations/applications to modify a Selna date must state existing due date + concrete good-cause reasons + prior requests; "will promote settlement" is expressly insufficient
  9. 9. Any motion/application seeking specific dates must list the proposed dates IN the order — cross-references to a stipulation are insufficient
  10. 10. Continuance requests must be made at least 5 days before the hearing date with statement of good cause and specific proposed dates

Quick Reference

Topic Rule
Motion Days JPS: "Civil motions are heard on: Mondays, Time: 1:30 p.m. Criminal motions are heard on: Mondays, Time: 9:00 a.m. (If Monday is a holiday, next motion date is the following Monday.) It is not necessary to clear a motion date with the court clerk prior to filing the motion." [selna-james | motion_hearing_days]
Motion Limit Silent on page limits motions. [selna-james | page_limits_motions]
Reply Limit Silent on page limits replies. [selna-james | page_limits_replies]
Chambers Copies Conditional Section M: "A courtesy copy of all electronically filed pleadings shall be delivered to Judge Selna's courtesy copy drop on the tenth floor... [selna-james | chambers_copies_details]
Tentative Rulings Section P: "The Court attempts to issue tentative rulings on each motion... Judge Selna attempts to post tentatives by late Friday afternoon preceding the hearing date. Hard copies of tentatives will also be available from the clerk approximately 15 minutes before the hearing." JPS: If no hearing set, party may request hearing via "brief of not more than five pages filed no later than 5:00 p.m. on the day following the date for which the hearing was nominally set... If no request is submitted, the matter will be submitted on the papers and the tentative ruling will become the order of the Court." [selna-james | tentative_rulings]
Remote Appearances JPS: "ALL hearings will be heard IN PERSON in Courtroom 10C unless otherwise ordered by the court. Any request for a remote appearance must be filed no later than five (5) court days before the court proceeding. Such a request must be supported by a declaration and proposed order setting forth good cause for the remote appearance. If the court grants the request, the type of remote appearance allowed will be at the court's discretion. *Please note that requests for remote appearances are rarely granted* (Having counsel's office outside the District is not a basis to request a remote appearance)" JPS: "All Civil Pretrial Conferences require in person attendance by all attorneys." [selna-james | remote_appearances]
Discovery JPS #2: "All discovery motions are to be calendared before the magistrate judge." [selna-james | discovery_referral]

Procedural Briefing by Motion Type

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Before You File

Motion Days & Times
JPS: "Civil motions are heard on: Mondays, Time: 1:30 p.m. Criminal motions are heard on: Mondays, Time: 9:00 a.m. (If Monday is a holiday, next motion date is the following Monday.) It is not necessary to clear a motion date with the court clerk prior to filing the motion." [selna-james | motion_hearing_days]
Notice Period
JPS: "The parties are required to follow the Local Rules regarding the noticing of motions on Mondays at 1:30 p.m. and the filing of oppositions and replies." L.R. 7-9 cited on JPS: opposing party shall serve/file not later than twenty-one (21) days before the date designated for the hearing of the motion (10 days after service for new trial motion). [selna-james | motion_notice_days]
Motion Page / Word Limit
Silent on page limits motions. [selna-james | page_limits_motions]
Opposition Limit
Silent on page limits oppositions. [selna-james | page_limits_oppositions]
Reply Limit
Silent on page limits replies. [selna-james | page_limits_replies]
Font & Formatting
Silent on font formatting. [selna-james | font_formatting]
Footnote Policy
Section K.1: "No footnote shall exceed 5 lines. The Court strongly discourages the use of extensive footnotes as a subterfuge to avoid page limitations in the Local Rules." K.2: "All footnotes shall be in the same type size as text. See Local Rule 11-3.1.1." [selna-james | footnote_policy]
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At Filing

Chambers Copies
Conditional Section M: "A courtesy copy of all electronically filed pleadings shall be delivered to Judge Selna's courtesy copy drop on the tenth floor at the rear of the elevator lobby by noon the day following filing. Failure to make timely delivery of the courtesy copies may result in a delay in hearing a motion or ordering the matter off calendar." JPS #4 (Mandatory Chambers Copies): Civil Matters — all motions and related documents (oppositions, replies, exhibits); ex parte applications (excluding PHV Applications) and related documents (oppositions and exhibits); and ALL PRETRIAL DOCUMENTS. No blue backing required. Sealed Documents delivered to the Clerk's Office Intake window. [selna-james | chambers_copies_details]
ECF Stamp Requirements
Silent on ecf stamp requirements. [selna-james | ecf_stamp_requirements]
Proposed Orders
JPS #7: "Stipulations: All stipulations shall be accompanied by a proposed order. The order shall include the parties' proposed dates." JPS: "If a motion or application includes an order seeking certain dates, the order shall include all proposed dates. Reference to a stipulation or other filing is insufficient. Dates must be in the order." JPS #8: "Judgments: If a proposed judgment is endorsed by the opposing party, the Court will review and enter immediately. In all other cases, the Court will hold the proposed judgment 7 days for any objections. As with all proposed orders, the proposed judgment must be emailed to chambers in Word or Word Perfect format." [selna-james | proposed_orders]
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Before the Hearing

Tentative Rulings
Section P: "The Court attempts to issue tentative rulings on each motion... Judge Selna attempts to post tentatives by late Friday afternoon preceding the hearing date. Hard copies of tentatives will also be available from the clerk approximately 15 minutes before the hearing." JPS: If no hearing set, party may request hearing via "brief of not more than five pages filed no later than 5:00 p.m. on the day following the date for which the hearing was nominally set... If no request is submitted, the matter will be submitted on the papers and the tentative ruling will become the order of the Court." [selna-james | tentative_rulings]
Prohibition / Ex Parte Contact Re Tentatives
Silent on tentative ruling prohibition. [selna-james | tentative_ruling_prohibition]
Oral Argument
JPS #1: "If the Court does not believe that oral argument will be helpful, the Court will advise the parties no later than the Friday before the hearing." JPS #3: "Tentative rulings may be issued. If issued, they will be available in Tentative Rulings section after Noon on the business day before the hearing and/or approximately 1/2 hour prior to the hearing in the courtroom. If all parties submit on the tentative ruling, please advise the Courtroom Deputy, and no appearance will be required." [selna-james | oral_argument_default]
Remote Appearances
JPS: "ALL hearings will be heard IN PERSON in Courtroom 10C unless otherwise ordered by the court. Any request for a remote appearance must be filed no later than five (5) court days before the court proceeding. Such a request must be supported by a declaration and proposed order setting forth good cause for the remote appearance. If the court grants the request, the type of remote appearance allowed will be at the court's discretion. *Please note that requests for remote appearances are rarely granted* (Having counsel's office outside the District is not a basis to request a remote appearance)" JPS: "All Civil Pretrial Conferences require in person attendance by all attorneys." [selna-james | remote_appearances]
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Background Rules

Chambers Contact
JPS #9: "Counsel are not to initiate telephone calls to Judge Selna's chambers." JPS #10: "Inquiries regarding the status of a motion, stipulation or proposed order are not available by phone. Please follow Local Rule 11-4.5." [selna-james | chambers_contact_restrictions]
Discovery Referral
JPS #2: "All discovery motions are to be calendared before the magistrate judge." [selna-james | discovery_referral]
Discovery Motion Process
JPS #2: "All discovery motions are to be calendared before the magistrate judge." [selna-james | discovery_motion_process]
Ex Parte Applications
Section D: "Ex parte applications are solely for extraordinary relief and should be used with discretion. See Mission Power Engineering Company v. Continental Casualty Co., 883 F. Supp. 488 (C.D. Cal. 1995). The Court will generally decide ex parte matters on the papers. Opposition to an ex parte application, if any, should be submitted within 24 hours." JPS #5: "The moving party shall serve the opposing party by Email (this includes the CM/ECF System), FAX or hand service and shall notify the opposing party that any opposition must be filed not later than 24 hours after such service has been completed." [selna-james | ex_parte_notice]
Lead Counsel
Section L: "Lead counsel shall appear on all dispositive motions, scheduling conferences, and settlement conferences. The Court does not entertain special appearances; only counsel of record may appear." JPS #16: "The Court does not permit special appearances. Counsel of record shall appear at all court proceedings." [selna-james | lead_counsel_requirement]
Under Seal Filings
JPS (Mandatory Chambers Copies): "Mandatory chambers copies of Sealed Documents shall be delivered to the Clerk's Office Intake window, to be placed in the Court's internal mail box." JPS #4: "no copies of redacted documents are required." [selna-james | under_seal_requirements]
Continuances & Calendar Conflicts
Section E: "No stipulations extending scheduling requirements or modifying applicable rules are effective until and unless the Court approves them." Applications/stipulations must set forth existing due date; concrete reasons supporting good cause ("will promote settlement" insufficient); and prior requests. JPS #6: "counsel must make such request at least five days prior to the hearing date with a statement of good cause included in the request. The proposed order must reflect the specific dates requested." JPS #11: "If there is a calendar conflict, counsel are to inform the courtroom deputy prior to the date of the conflict." [selna-james | continuances_calendar_conflicts]

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