C.D. Cal. L.R. 7-8

On motions for and orders

to show cause re preliminary injunctions, motions to be relieved from

default and other motions where an issue of fact is to be determined (e.g.,

civil contempt, but excluding motions contesting venue and personal

jurisdiction), not later than fourteen (14) days prior to the hearing, a party

desiring to cross-examine any declarant who is not beyond the subpoena

power of the Court and who is reasonably available to the party offering the

declaration may serve by hand (or facsimile or by electronic filing) and file a

notice of request to cross-examine such declarant. If the party offering the

declaration disputes that the declarant is within the subpoena power of the

Court and reasonably available to the offering party, such party shall serve

and file an objection to the notice of request to cross-examine not later than

eleven (11) days prior to the hearing. The offering party shall be under no

obligation to produce the declarant unless the Court has granted the request

to cross-examine by written order not later than three (3) days prior to the

hearing. No declaration of a declarant with respect to whom such a request

has been granted shall be considered unless such declarant is personally

present and available at the hearing for such cross-examination as the Court

may permit. The Court may, in the alternative, order that the cross-examination be done by deposition taken on two (2) days’ notice with the

transcript being lodged five (5) days prior to the hearing. The Court may

impose sanctions pursuant to these Local Rules against any party or counsel

who requests the presence of any declarant without a good-faith intention to

cross-examine the declarant.