Judge Kimberly J. Mueller

 

 United States District Court - Eastern District of California

501 I Street, Suite 4-200

Sacramento, CA 95814

 

Courtroom Deputy, Casey Schultz

Phone: (916) 930-4193

 

CRIMINAL CALENDAR

Judge Mueller’s criminal law and motion calendar is held on designated Wednesdays at 9:00 a.m., in courtroom 3, 15th floor.   The times for particular matters are typically adjusted no later than 3:00 p.m. the day before the hearing.  It is counsel’s responsibility to check the final calendar and appear at the confirmed time.

NO MATTERS ARE CONTINUED WITHOUT THE JUDGE’S PRIOR CONSENT.

THE COURT TYPICALLY REQUIRES PERSONAL APPEARANCES EVERY THREE MONTHS FOR STATUS CONFERENCES UNLESS GOOD CAUSE IS SHOWN AND ALL APPLICABLE LAWS SUPPORT LONGER INTERVALS.  FOR ANY CONTINUANCE TO BE EFFECTED, THE COURT MUST APPROVE A WRITTEN REQUEST FOR CONTINUANCE IN ADVANCE OF THE HEARING.

  • Stipulations/Proposed Orders:  Stipulation and proposed orders submitted for the court’s consideration should include the date of the last appearance by the parties, explain in detail the reason for the requested continuance and include all language required by law.  When applicable, probation officers shall be included in discussions about continuances.  Stipulations and proposed orders affecting a matter on an upcoming criminal calendar shall be submitted no later than noon on the Monday prior to a Wednesday hearing date, unless the courtroom deputy notifies counsel otherwise.
  • Motions and Paginations of Exhibits: The court has placed page limits as follows: twenty (20) pages on all initial moving papers, twenty (20) pages on oppositions, and ten (10) pages for replies.  The parties are not to file multiple or supplemental briefs to circumvent this rule.  Multi-page exhibits shall be internally paginated, with the pagination for each exhibit beginning with the number one; reference to those exhibits shall refer to the exhibit designation and page number, i.e., Ex. A at 7; Ex. B at 1, etc.
  • Rule 17( c) Subpoena Requests: Unless the court orders otherwise, these requests should be submitted to the duty magistrate judge.
  • Rule 17(b) Subpoena Requests:  These requests should be submitted to Judge Mueller with supporting documentation of necessity.
  • Sealing: No document will be sealed, nor shall a redacted document be filed, without the prior approval of the court.  All requests to seal or redact shall be governed by Local Rules 141 (sealing) and 140 (redaction).

TRANSCRIPT ORDERSIf you wish to order a transcript, please contact the court reporter who covered the hearing directly.  Contact information for individual court reporters can be found on the U.S. District Court's website(s).

TRIALS

Judge Mueller typically utilizes the following method for jury selection. The court first conducts voir dire, then allows short voir dire by counsel, and then ascertains if any potential juror will be excused for cause.  If a potential juror is excused for cause, a new name is selected and that person is voir dired before jury selection continues.  Once voir dire is completed and all challenges for cause have been ruled on, the attorneys are given a strike sheet to exercise their peremptory challenges.  Once the peremptory challenges are marked, the Judge excuses those jurors and then the highest numbered jurors still in the box until the desired number of jurors remains.

Presumptive trial hours, subject to adjustment based on the other court calendars: Jury Selection/Start of Trial Mondays, 9:00 a.m. - 4:30 p.m., additional days Mondays, Tuesdays and Thursdays, 8:30 a.m. - 1:30 p.m., Wednesdays 1:30 p.m. - 4:30 p.m., and dark on Fridays. Lunch on full days is 12:00 p.m. - 1:30 p.m., and breaks on other days are 10:15 a.m. and 11:45 a.m.  If Monday is a holiday, then trial commences on Tuesday of that week at 9:00 a.m.

Electronic Equipment: Judge Mueller's courtroom is currently equipped with the following electronic equipment: 1) ELMO; 2) Video Cable Hook-ups; 3) Large Projector Screen; 4) Laptop Hook-ups; and 5) Monitors in jury box, witness stand, and at counsel table.  The courthouse also has a projector available.  However, counsel should contact the courtroom deputy at least 1-2 weeks prior to trial in order to verify the availability of the courthouse projector; counsel may bring in their own, if necessary.  Additionally, counsel should contact the courtroom deputy prior to the first day of trial in order to make arrangements to view the courtroom and bring in any other necessary equipment and/or materials.  Additional equipment is available from the Clerk's office as described below.

To bring large physical items, demonstrative exhibits, or electronic equipment, etc., to the courtroom, counsel are to make arrangements through the Court Security Officers at (916) 930-2080.

Conference rooms are available on either side of the courtroom (out in the hallway) for use during trial.

Trial documents as outlined in the trial confirmation order should be submitted in Microsoft Word to: kjmorders@caed.uscourts.gov according to the schedule set by that order.  These documents include:

  • a statement of the case
  • proposed jury instructions
  • proposed voir dire and verdict form(s)
  • witness list
  • exhibit list

Exhibit lists shall be in table format and include two columns on the right side of the table, one labeled “offered” and the last labeled “admitted.”  Parties are to use the following template for exhibit lists: Exhibit List Template.  Exhibit stickers may be obtained from the Office of the Clerk located at 501 I Street, Suite 4-200, Sacramento, California 95814. 

The parties should review the court’s standard jury instructions noted below and submit only their proposed modifications of these instructions plus any special instructions. 

 

AUDIO/VISUAL EQUIPMENT

The Sacramento Clerk's office has a variety of audio/visual equipment available to use for trial purposes.  Available equipment may include: projectors, plasma screens, TVs and VCRs.  In order to learn about the equipment provided by the court, you can access our intranet home page and follow these procedures:

1) From the Court intranet home page, select Attorney Info tab.

2) Scroll down to Electronic Courtroom option.

3) Attorneys should arrange through the courtroom deputy a time to meet with court information technology staff for training on electronic equipment. Appointments should be scheduled at least one to two weeks prior to trial.

Other questions should be directed to Casey Schultz, courtroom deputy, at cschultz@caed.uscourts.gov .