Honorable Andrew J. Guilford
Santa Ana Division, Court 10D
Frequently Asked Questions are answered here, and other information appears in the attachments. This Court keeps its special rules to a minimum, relying on the existing Federal Rules of Civil Procedure (“Fed.R.Civ.P.”) and Local Rules of this District (“L.R.”), which should be reviewed carefully. The standards for professionalism and civility for this community are attached. An article by the judge on preferred writing style is attached. The judge’s resume is attached to assist in identifying conflicts. Also attached are Standing Patent Rules for patent cases, and a Standing E-Discovery Order and Standing Protective Order to be used when ordered.
- When are motions heard?
Except when specially set, motions are heard as follows:
Civil: Monday at 10:00 a.m.
Criminal: Monday at 2:00 p.m.
Parties do not need to reserve motion dates, but in criminal cases, counsel should anticipate a pretrial conference usually around eight days before trial.
- How are discovery motions handled?
Discovery motions are generally handled by the assigned Magistrate Judge, whose initials usually appear at the end of the case number.
- Are tentative rulings issued?
This Court usually issues tentative rulings, either through the link on this page a few days before the hearing, or in the Courtroom the morning of the hearing.
- Are mandatory chambers copies required?
Mandatory Chambers Copies of all e-filed documents shall be delivered to the mandatory chambers copy box on the 10th Floor. It is imperative that the mandatory chambers copies be delivered by noon following the date of filing as required by L.R. 5-4.5. Failure to deliver timely mandatory chambers copies may result in a delay in hearing a motion or ordering the matter off calendar.
- How are ex parte matters handled?
This Court follows L.R. 7-19, L.R. 7-19.1, and L.R. 7-19.2. An ex parte application has due process implications and is for extraordinary situations only. Fuentes v. Shevin, 407 U.S. 67, 80-82 (1972) (due process requires that affected parties “are entitled to be heard” following “meaningful” notice, except in “extraordinary situations”); Sniadach v. Family Fin. Corp. of Bay View, 395 U.S. 337, 339-40 (1969) (“the right to be heard ‘has little reality or worth unless one is informed that the matter is pending and can choose for himself whether to appear or default, acquiesce or contest’”). An ex parte application is usually considered on the papers only. If the application is opposed, opposition papers should be filed no later than noon on the first court day following service of the application. In most cases, the Court will wait until that time before ruling. If needed, the Court will schedule a hearing.
- What is the policy on continuances?
Continuances are granted only on a showing of good cause. The supporting papers must include a declaration under penalty of perjury stating the following about the event to be continued, with dates preferably in the form of a chart.
- Whether all parties agree to the continuance.
- Whether there have been any prior requested continuances and the rulings on any prior requested continuances.
- The requested date and the presently scheduled date for the event.
- The scheduled trial date.
- Any other dates that will be affected.
- Who in chambers is best to contact concerning cases?
The Courtroom Deputy Clerk at AG_chambers@cacd.uscourts.gov.
- What rules apply to motions, stipulations and orders?
SEALING. Requests to seal impose a substantial burden on the clerk’s office and the Court. Joint Equity Committee of Investors of Real Estate Partners, Inc. v. Coldwell Banker Real Estate Corp., 2012 WL 234396, *1 (C.D. Cal. Jan. 24, 2012). Most importantly, requests to seal interfere with the public’s right “to inspect and copy public records and documents, including judicial records and documents.” Nixon v. Warner Comm., Inc., 435 U.S. 589, 597 (1978). While that right is not unlimited, there is a strong presumption in favor of granting the public access to court records. Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006). Thus, parties seeking to seal court documents must establish “compelling reasons” for doing so. Id. at 1178. The Court takes seriously its duty to safeguard the public’s right of access to judicial proceedings, and will not approve the filing of documents under seal except where good cause is shown. See Fed.R.Civ.P. 26(c) (authorizing courts to issue protective orders “for good cause”).
MOTIONS. The following local rules apply.
- L.R. 6-1 NOTICE AND SERVICE OF MOTION (28/31 day rules)
- L.R. 7-9 OPPOSING PAPERS (21/10 day rules)
- L.R. 7-10 REPLY PAPERS (14 day rule)
- L.R. 11-6 POINTS AND AUTHORITIES -- TRIAL BRIEFS -- LENGTH (25 page rule -- NOTE: excessive length and footnotes usually reduce effectiveness)
- L.R. 83-2.3 WITHDRAWAL AND SUBSTITUTION OF ATTORNEYS (NOTE: this Court carefully reviews whether the client has received notice of the motion and its consequences)
- L.R. 55 DEFAULT JUDGMENTS (NOTE: damages not sufficiently established in opening papers are likely to be denied)
STIPULATIONS AND ORDERS. Orders on stipulations will not be signed unless all parties to the case (or their counsel) have signed the stipulation, and stipulations should clearly state that all parties join in the stipulation. This Court is cautious about ordering broad stipulated injunctive relief against parties who have not signed the stipulation, and Fed.R.Civ.P. 65(d) should be reviewed carefully.
- What should be done if there is a calendar conflict?
Immediately contact the Courtroom Deputy Clerk at AG_chambers@cacd.uscourts.gov.
- What is the best way to handle questions about electronic equipment?
Contact the Courtroom Deputy Clerk at AG_chambers@cacd.uscourts.gov.
- What is the best way to handle questions about transcripts?
Contact the Court Reporter at her email address, firstname.lastname@example.org.
- What is the hiring process for term law clerks?
Term law clerk applications should be submitted as provided by the Federal Law Clerk Hiring Plan.
- What is the hiring process for externs?
This Court welcomes applications for full-time extern positions lasting a sufficient length at any time during the year. Extern applicants should submit at least a cover letter and resume.
- Where can I get help if I represent myself without a lawyer?
People who represent themselves in court without a lawyer are called “pro se litigants.” Whether acting as plaintiffs or defendants, pro se litigants in federal court face special challenges. The Public Law Center runs a Federal Pro Se Clinic at the Santa Ana federal courthouse where pro se litigants can get free information and guidance. Visitors to the clinic must make an appointment by calling (714) 541-1010 (x222). The clinic is located in Room 1055 of the Ronald Reagan Federal Building and United States Courthouse, 411 West 4th Street, Santa Ana, CA. For more information about the clinic, visit http://court.cacd.uscourts.gov/ProSe and select “Pro Se Clinic - Santa Ana.”
- What are the procedures for scheduling and trials?
Attached are an Order re Early Meeting of Parties & Scheduling Conference and a Scheduling Order Specifying Procedures. These orders set important deadlines and provide trial procedures. The Court strongly encourages prompt discovery, when permissible, even before the Scheduling Conference and the completion of attacks on the pleadings.