C.D. Cal. L.R. 83-17.7

Unless the

Court summarily dismisses the petition under Rule 4 of the Rules

Governing Section 2254 Cases in the United States District Courts,

the following schedule and procedures shall apply subject to

modification by the Court. Requests for enlargement of any time

period in this rule shall comply with the applicable Local Rules of the

Court.

(a) Respondent shall as soon as practicable, but in any event on or

before thirty (30) days from the date of service of the petition,

electronically lodge the following with the Court in accordance

with L.R. 5-1 and 5-4.3.1:

(i) Transcripts of the state trial court proceedings.

(ii) Appellant’s and respondent’s briefs on direct appeal to

the California Supreme Court, and the opinion or orders

of that court.

(iii) Petitioner’s and respondent’s briefs in any state court

habeas corpus proceedings, and all opinions, orders and

transcripts of such proceedings.

(iv) An index of all materials described in paragraphs (a)(i)

through (a)(iii) above. Such materials are to be marked

and numbered so that they can be uniformly cited.

(v) If any items identified in paragraphs (a)(i)through (a)(iv)

are not available, respondent shall state when, if at all,

such missing material can be filed.

(b) If counsel for petitioner claims that respondent has not

complied with the requirements of paragraph (a), or if counsel

for petitioner does not have copies of all the documents lodged

with the Court by respondent, counsel for petitioner shall

promptly file written notice thereof. Respondent shall supply

copies of the missing documents forthwith, and file notice of

compliance.

(c) (i) In the interest of expediting habeas death penalty cases, it

is the policy of the Court to entertain unexhausted claims if the

respondent expressly waives the exhaustion issue. However, if

the respondent declines to waive the exhaustion issue with

respect to any or all claims in the petition, prior to filing a

motion, counsel for respondent must make a good faith effort to

confer with counsel for petitioner regarding the exhausted status

of each such claim. Unless relieved by written order of the

Court upon good cause shown, counsel for petitioner must

confer with counsel for respondent within seven (7) days after

service of a letter requesting such conference. The respondent’s

letter must identify each claim that respondent contends is

unexhausted, specify the basis for asserting that the claim is

unexhausted, and provide any legal authority that respondent

contends is dispositive of the exhausted status of that claim.

(ii) If, after the meeting, the parties continue to dispute the

exhausted status of one or more claims, the respondent must file

an appropriate motion no later than twenty-eight (28) days after

service of the petition. In connection with any motion relating

to exhaustion disputes, the parties must file a joint statement

indicating (1) which claims the parties agree have been fairly

presented to the state supreme court, (2) which claims the

parties agree have not been fairly presented to the state supreme

court, and (3) on which claims the parties disagree whether the

claim has been fairly presented to the state supreme court. For

each claim whose exhaustion status is in dispute, the petitioner

must cite the specific pages of the state court record that

petitioner contends fairly presented the claim to the state

supreme court.

(d) If respondent does not intend to challenge the exhausted status

of any claim in the petition, or is willing to expressly waive

exhaustion as to all such claims, respondent must file an answer

within twenty-eight (28) days from the date of service of the

petition. Respondent must include in the answer the matters

defined in Rule 5 of the Rules Governing Section 2254 Cases in

the United States District Courts and must attach any other

relevant documents not already lodged or filed. An answer that

exceeds ten (10) pages in length, excluding exhibits, must be

accompanied by an indexed table of contents setting forth the

headings or subheadings contained in the body thereof.

(e) Unless otherwise ordered by the Court, within twenty-eight (28)

days after respondent has filed the answer, petitioner may file a

reply to the respondent’s answer.

(f) No discovery shall be had without leave of the Court. A

request for discovery shall be presented to the Court by way of

a joint stipulation in substantially the same format as required

by L.R. 37-2.1. The joint stipulation shall identify the

discovery requested, a statement explaining the need for the

requested discovery, and opposing counsel’s position regarding

the need for the requested discovery.

(g) Any request for an evidentiary hearing by either party must be

made within twenty-eight (28) days from the filing of the reply

to the respondent’s answer, or within twenty-eight (28) days

from the expiration of the time for filing the reply. The request

must include a specification of the factual issues and the legal

reasoning that require a hearing and a summary of the evidence

of each claim the movant proposes to offer at the hearing. Any

opposition must be filed within twenty-one (21) days after the

request for an evidentiary hearing was filed. A reply to the

opposition must be filed within fourteen (14) days after the

opposition was filed.