Judge Justin Beresky
Individual Rules, Standing Orders & Policies
Adjournments
- Motions to Continue must state the opposing party's position, or describe the attempts made to contact the opposing party.
Request must include
Communication
Phone
Chambers
Document Filing Requirements9 rules
Motions requiring expedited consideration must include the phrase "expedited consideration requested" to the right of the caption and state the basis for the expedited relief.
If you are filing a motion which is time sensitive or truly requires emergency or expedited consideration, you must include the phrase "expedited consideration requested" to the right of the caption, and you must state in the motion the basis for your request for expedited relief.
Document Type
Motion
Motions must be accompanied by a proposed order and self-addressed stamped envelopes.
Please include proposed orders with your motion and include self-addressed stamped envelopes.
Document Type
Motion
Parties must provide the court with proposed questions for a digital questionnaire at the final trial management conference.
Please provide the court with proposed questions for a digital questionnaire at the final trial management conference.
Document Type
Pretrial Order
Speaking objections are not permitted in the presence of the jury; counsel may state "objection" and cite the relevant rule.
Judge Beresky does not permit speaking objections in the presence of the jury. You may state the word "objection" and state the legal basis by citing the relevant rule, e.g., "Objection, Rule 403."
Document Type
Objection
Do not file motions in limine that simply ask the court to comply with the Rules of Evidence.
Please do not file motions in limine that simply ask the court to comply with the Rules of Evidence, e.g., a motion in limine requesting that the court exclude impermissible, self-serving hearsay with no applicable exception or exemption.
Document Type
Motion In Limine
All motions must be made in writing.
All motions should be made in writing.
Document Type
Motion
A request for oral argument on a motion must be noted in the caption of the motion.
If you request oral argument on a motion, please note your request in the caption of the motion.
Document Type
Motion
No separate bench copy of exhibits is required; all exhibits should be timely provided to the court clerk.
A separate bench copy of exhibits is not necessary. All exhibits should be timely provided to the court clerk.
Document Type
Exhibits
Bench memoranda outlining evidentiary issues are permitted but do not replace a motion in limine.
Judge Beresky permits a bench memorandum outlining any evidentiary issues; however, a bench memorandum is not a replacement for a motion in limine.
Document Type
Bench Memorandum
Filing & Service rules
Pre-Motion Conference Requirements
The court will allow response and reply time before determining whether to set a motion for oral argument or evidentiary hearing.
The court will allow for Response and Reply time and then determine whether the matter will be set for oral argument or evidentiary hearing.
Page 1 | Motion Practice
The court will rule on expedited consideration requests by setting an expedited response date by Minute Entry Order, then rule once the response date expires.
Generally, Judge Beresky will separately rule on the request to expedite by setting an expedited date for responses by Minute Entry Order, and then will rule once response date expires.
Page 1 | Motion Practice
Adjournment & Extension Requirements
Motions to Continue must state the opposing party's position, or describe the attempts made to contact the opposing party.
If you are filing a Motion to Continue, please indicate the opposing party's position; if the task is unable to be completed due to an inability to contact the opposing party, please describe the attempt made.
Page 1 | Motion Practice
Chambers Communication Rules
Parties must notify Judge Beresky or his Judicial Assistant at the earliest opportunity of any anticipated safety issue.
If any party anticipates a safety issue, please notify Judge Beresky or his Judicial Assistant at the earliest opportunity.
Page 1 | Trial Practice and Procedure
Numerous proposed questionnaire questions should be forwarded to the Judicial Assistant electronically.
If a party is submitting numerous questions, Judge Beresky requests that the questions are forwarded to his Judicial Assistant electronically.
Page 1 | Trial Schedule
Counsel should contact the Judicial Assistant if they have not received a ruling on a filed motion.
Please let the Court know if you did not get a ruling on a motion you filed either by addressing it in open court or by contacting the Judicial Assistant.
Page 1 | Motion Practice
Counsel and litigants must call or email the division if running late for a scheduled hearing.
To that end, counsel and litigants should call or email the division if they are running late.
Page 1 | Specific Comments or Advice for Litigants