Honorable Cormac J. Carney

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District Judge

​Ronald Reagan Federal Building and United States Courthouse, 411 W. Fourth St., Santa Ana, CA, 92701, Courtroom 9B, 9th Floor

Judges' Procedures: 

Please See Attachment Below for "Under Seal Instructions"

  1. Civil motions are heard on: Monday, Time: 1:30 p.m.
    Criminal motions and hearings are heard on: Monday, Time: 9:00 a.m.
    (If Monday is a holiday, next motion date is the following Monday)
    It is not necessary to clear or reserve a motion date with the
    court clerk prior to filing the motion, but must be in compliance with
    all Local and Federal Rules regarding service.
  2. Discovery motions are to be calendared before the Magistrate Judge.
     
  3. Are tentative rulings issued?
    Please inquire of the court clerk when checking in immediately prior to the court hearing.
  4. Mandatory Chambers Copies of all e-filed documents shall be
    delivered to the mandatory chambers copy box on the 9th Floor. It is
    imperative that the mandatory chambers copies be delivered by noon
    following the date of filing as required by Local Rule 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. 
  5. Procedures for filing an ex parte application:
    It is the practice of Judge Carney that ALL
    Ex -Parte applications are submitted on the papers. If the Court finds
    that a hearing is necessary, counsel will be notified and given a
    hearing date and time. The same procedure is followed on an application
    for a temporary restraining order.
  6. To request a continuance of any scheduled court proceeding:
    Only written applications or stipulations for
    continuances will be considered by the Court. Continuances are only
    granted upon a showing of good cause, particularly focusing upon
    evidence of diligent work by the party seeking delay and of prejudice
    that may result from the denial of a continuance. Counsel requesting the
    continuance MUST submit a DETAILED
    declaration as to their reason. Any continuances requested not
    accompanied by said declaration, or not in compliance with this Order or
    the Local Rules of the Central District of California will
    automatically be rejected without notice to the parties. The Court sets
    FIRM trial dates and will not change them without good cause having been
    shown. Stipulations or applications MUST be submitted
    well in advance of the relief requested. Counsel is not to assume the
    request is granted without notification from the Court.
  7. Are counsel allowed to contact the judge's law clerks or secretary? NO.
  8. Inquiries regarding the status of a motion, stipulation or proposed order: Pursuant to Local Rules 7-1 and 11-4.5.
  9. Calendar conflicts:

    Counsel shall notify both of the Judges' court clerks. Counsel
    should go to the most senior of the judges. A priority before that Judge
    should be requested.
  10. Procedures for bringing electronic equipment into the courtroom:
    Counsel must petition the Court in writing at the earliest
    possible date and obtain an Order of Authorization, as the Courthouse
    regulations require a property pass to deliver or remove equipment from
    the building.
  11. For general information on how to order a transcript of any
    reported or digitally recorded proceeding, please contact 213-894-3015
    or visit the court website (www.cacd.uscourts.gov) section referring to Court Reporter/Recorder Transcripts.
    If your require an estimate of cost for the preparation of a
    transcript, contact the court reporter/recorder for the desired
    proceeding.
    To determine the court reporter/recorder for a particular proceeding, go to the Court Reporter Schedule
    web page and click on View by Date. Once you've determined the correct
    court reporter/recorder for the desired session,click on Court Reporter Phone and Email List for contact information.
  12. Questions regarding law clerk positions:
    Should be directed to Judge Carney’s chambers. Judge Carney does not accept extern applications.
  13. Trial Preparation:
    • Court hours: Tuesday through Friday, 8:30 a.m.- 5:00 p.m.
    • Exhibit preparation:
      A joint exhibit list shall be prepared in compliance
      with Local Rules 11-5.3 & 16-5. All exhibits shall be placed in
      loose leaf binders with official exhibit tags attached. Exhibits are to
      be delivered to Courtroom Deputy Clerk not later than 8:30 a.m. on the
      first day of trial. Special arrangements for voluminous exhibits should
      be made with the Courtroom Deputy Clerk by Wednesday of the prior week. A
      separate exhibit number shall NOT be given to each page of an exhibit.
    • Jury instructions:
      In a jury trial, jury instructions are to be submitted
      no later than 5 court days prior to the Pre-Trial Conference or 1 week
      prior to the trial if Pre-Trial Conference is waived. The parties MUST
      submit JOINT jury instructions. In order to produce these joint
      instructions, the parties SHALL MEET AND CONFER sufficiently in advance
      of the required submission date. The instructions should be submitted in
      the order in which the parties wish to have the instructions read. This
      order should reflect a single organized sequence agreed to by all of
      the parties. The Court INSISTS upon receiving lucid and accurate
      instructions setting forth the elements of each party's claims and
      defenses. The instructions should be tailored to the facts of each case.
      Procedures for Instructions Upon Which Agreement Cannot be Reached:
      Counsel will submit three (3) sets (with an extra copy for the Court's law clerks) in the following form:
      1. The agreed upon instructions.
      2. Those instructions propounded by plaintiff, opposed by defendant.
      3. Those instructions propounded by defendant, opposed by plaintiff.

      Instructions upon which agreement cannot be reached
      should reflect the basic disagreements among the parties as to the law.
      While the Court recognizes that such disagreements arise in almost every
      case, the Court also recognizes that parties ultimately disagree over
      only a limited number of issues. The disputed instructions should be
      equally so limited.
      The disputed instructions should be presented to the
      Court within the framework of the overall set of instructions. The
      parties should put forth differing versions of disputed instructions,
      and the Court will select one version.
      The instructions submitted to the Court MUST be
      numbered, and the parties must also submit an unnumbered index.
      Attribution and case citation for each instruction shall be placed on
      pages following a proposed instruction. For disputed instructions, a
      party should note its objections to a proposed instruction and its
      reasons for putting forth its alternative on pages placed after its own
      alternative instruction.
      INSTRUCTIONS SHALL BE BRIEF, CLEAR, CONCISE, WRITTEN IN
      PLAIN ENGLISH, FREE OF ARGUMENT AND SHALL BE ORGANIZED IN A LOGICAL
      FASHION SO AS TO AID JURY COMPREHENSION. Standard or form instructions,
      if used, must be revised to address the particular facts and issues of
      this case.
      The following list contains some suggested sources for jury instructions:

      1. Ninth Circuit Model Jury Instructions (updated yearly)
      2. Federal Jury Practice and Instructions (Devitt and Blackmar (4th Edition)
      3. Modern Federal Jury Instructions (Mathew Bender)
      4. California Forms of Jury Instructions (Mathew Bender)
    • Verdict forms:
      Counsel are to prepare and submit verdict form(s) in
      accordance with the same procedures as those required for jury
      instructions. Counsel are to use best efforts to agree upon a joint
      verdict form and then submit it to the Court no later than 5 court days
      prior to the Pre-Trial Conference or 1 week prior to the trial if the
      Pre-Trial Conference is waived. If counsel cannot agree as to the form
      of the verdict, the parties should submit their respective version to
      the Court on the submission date for the joint verdict form.
    • Motions in Limine:
      All Motions in Limine will be heard at the Pre-Trial
      Conference. All Motions in Limine must be filed and served in compliance
      with Local Rule 6-1. Opposition papers must be filed and served in
      compliance with Local Rule 7-9. Reply papers must be filed and served in
      compliance with Local Rule 7-10.
  14. Procedures for obtaining the services of an interpreter on a civil case:
    Counsel shall make arrangements through the Court Interpreter’s Office at 213-894-4599.
  15. Other:
    • The Court does not permit telephonic appearances in any matter before it.
    • In the event of inconsistencies between the submission
      and lodging dates listed above and the Local Rules, the above dates
      shall govern.