Keywords: ken shubert
Description: Parties must comply with all the requirements of KCLR 7 when setting motions without oral argument. Please provide a copy of all proposed orders in Word format to the Court by emailing them to the
Parties must comply with all the requirements of KCLR 7 when setting motions without oral argument. Please provide a copy of all proposed orders in Word format to the Court by emailing them to the bailiff.
Copies of signed orders will be delivered by email to counsel or the parties email addresses have been provided to the Court; service for purposes of CR 6 will be considered as though the Court delivered the email by messenger. If no email address is available for an attorney or a party, please provide preaddressed, stamped envelopes to the Court for its use in sending the order by mail.
Dispositive motions are heard on Fridays. Requests for hearing dates are accepted by emailing or telephoning the bailiff. Judge Schubert requires that you check with opposing counsel before scheduling any hearing in order to make sure that the date works for all counsel. Doing so reduces the need to reschedule hearings due to conflicts. You must also file and serve a Note for Hearing for your summary judgment motion within 5 days of receiving a hearing date and time; parties must promptly notify the court and each other if the court no longer needs to hear the noted motion.
- Case name and cause number
- Names, phone numbers and email addresses of all counsel
- Type of hearing and date(s) requested
Judge Schubert will provide additional time on hearings involving multi-party cases or complex litigation. Please advise the bailiff of your request when scheduling.
Working copies should have the judge’s name and the date and time of the hearing in the upper right hand corner of the first page of the motion. Please provide only copies of the cases that you are substantially relying on.
The Court grants motions to continue trial, other than the 28-day adjustment authorized by LCR 40(e)(1), only on the basis of good cause. The motion should be accompanied by a declaration as to the nature of the case, the discovery and trial preparation that have been completed, what remains to be accomplished, and an explanation of why the case could not be completed within the original case schedule. The assertion that more time is needed for discovery or negotiation, without more, is insufficient. After the Final Date to Change Trial, a motion to continue trial will be granted only under extraordinary circumstances, as provided by LCR 40(e)(2).
Pursuant to Local Rule 16 (5), the Joint Statement of Evidence is to be filed, not later than 5 court days before the scheduled trial date. As a courtesy to the court clerk, please deliver the Trial Exhibits (notebooks) to the Judges' Mailroom at least 3 days prior to the trial date along with two copies of the Joint Statement of Evidence.
Counsel should provide two sets of exhibits. The first (original) set will be marked by the clerk and used at trial. The second (copy) set is a courtesy copy for Judge Schubert. Do not mark directly on any exhibits as this will be done by the clerk.
Exhibits should be submitted in three ring binders using numbered tabs to separate each exhibit. Notebooks should be large enough so that the exhibits are not overcrowded. Plaintiff’s or petitioner's trial exhibits shall begin with the Number 1, and shall be numbered consecutively up to the last proposed exhibit. Defendant’s or respondent's trial exhibits shall begin with the number which follows plaintiff’s or petitioner's last proposed trial exhibit.
Depositions are not to be marked as an exhibit since they are part of the court file. Exhibits to the deposition may be marked as exhibits in evidence. Otherwise, all unattached exhibits in a deposition should be stapled or secured inside the back cover of the deposition.
Additional exhibits presented during trial will be marked and designated by the clerk. Please provide an original for the clerk and a courtesy copy for Judge Schubert.
Once an exhibit has been marked by the clerk, it is officially in her or his custody. To withdraw an exhibit prior to the completion of trial, an attorney will need to make a motion to withdraw the exhibit (on the record) in open court.
Please contact Judge Schubert's bailiff or courtroom clerk regarding the pre-marking of all trial exhibits or any further questions.
Please review these general Trial Preparation Guidelines. Please also review Judge Schubert's Trial Procedures. They are intended to ensure an efficient trial.
Please review Judge Schubert's Voir Dire Procedures as well as his general voir dire questions for civil and criminal cases: