Court Rules
Common questions about Judge André Birotte Jr.'s rules

Are courtesy copies required for Judge André Birotte Jr.?

The rule limits courtesy-copy delivery rather than stating a blanket requirement before Judge André Birotte Jr.. Courtesy/chambers copies are no longer required and should not be sent.

View ruleSource: page 1, section Revisions

Does Judge André Birotte Jr. require a pre-motion conference or letter before filing a motion?

The rule does not state that a pre-motion letter is required, but it sets the applicable pre-motion procedure. Local Rule 7-3 requires pre-filing meet and confer conference.

View ruleSource: page 6, section 12. Motions - General Requirements

What page or word limits apply to motion memorandum before Judge André Birotte Jr.?

Judge André Birotte Jr.'s rule states these limits: 25 pages; 15 pages. Motion memoranda limited to 25 pages; replies limited to 15 pages.

View ruleSource: page 6, section 12. Motions - General Requirements

What formatting rules apply to filings before Judge André Birotte Jr.?

Judge André Birotte Jr.'s formatting rule includes bluebook format required and pinpoint citations required. Case citations must use Bluebook format with pinpoint citations.

View ruleSource: page 6, section 12. Motions - General Requirements

What must be included with complaint filings before Judge André Birotte Jr.?

The rule requires caption and table of contents. Complaints must list all causes of action on face-page in numbered list.

What must be included with appearance filings before Judge André Birotte Jr.?

The rule requires notice of appearance. Lead counsel must appear for scheduling and final pretrial conferences.

How may parties contact Judge André Birotte Jr.'s chambers?

Parties may contact Judge André Birotte Jr.'s chambers by email only as allowed by the rule. The rule lists email AB_chambers@cacd.uscourts.gov. Proposed orders must be emailed as Word files to chambers; PDF not acceptable.

How does Judge André Birotte Jr. handle sealed or redacted filings?

A motion to seal is required for covered sealed filings before Judge André Birotte Jr.. Protective orders must be submitted to Magistrate Judge and cannot allow sealing without further Court order.

View ruleSource: page 12, section Proposed Protective Orders and Filings Under Seal

How do I request an adjournment or extension before Judge André Birotte Jr.?

Requests should be made at least 48 hours in advance when this rule applies before Judge André Birotte Jr.. Opposition to ex parte applications must be filed within 48 hours (2 court days) after service.

View ruleSource: page 13, section 17. Ex Parte Applications

Does Judge André Birotte Jr. require motion papers to be bundled?

Bundling is encouraged for covered papers before Judge André Birotte Jr.. Cross-motions for summary judgment should use 3-brief or 4-brief approach instead of separate motions to avoid overburdening the Court.

View ruleSource: page 9, section Cross-Motions for Summary Judgment

Does Judge André Birotte Jr. encourage junior lawyer participation?

Yes. Judge André Birotte Jr.'s rules include a junior lawyer participation incentive. Junior counsel encouraged to participate; notice 7 days before hearing increases likelihood of oral argument.

Complete rules summary for Judge André Birotte Jr.

Case citations must use Bluebook format with pinpoint citations.

Citations must appear in the body, not footnotes.

Courtesy/chambers copies are no longer required and should not be sent.

Complaints must list all causes of action on face-page in numbered list.

Counsel may appear in person or via Zoom without notice; telephonic allowed if video not possible.

Lead counsel must appear for scheduling and final pretrial conferences.

Junior counsel encouraged to participate; notice 7 days before hearing increases likelihood of oral argument.

Proposed orders required with any motion, must follow template format and specific formatting rules.

Proposed orders must be emailed as Word files to chambers; PDF not acceptable.

Stipulations required for routine matters with good cause and proposed order; not effective until court orders.

Calendar conflicts must be reported to opposing counsel and CRD via chambers email.

Motion memoranda limited to 25 pages; replies limited to 15 pages.

Motion papers must use Times New Roman 14pt or Courier 12pt font.

Local Rule 7-3 requires pre-filing meet and confer conference.

Motion must include prominent statement of compliance with Local Rule 7-3.

Motion may be struck or denied for lack of compliance statement or bad faith.

Civil motions heard Fridays at 10:00 AM; Friday after Monday holiday closed.

Court may decide matters without oral argument and will notify parties in advance.

Evidence must be marked with brackets to identify cited portions.

Meet and confer required before filing motions to dismiss or strike.

Motions to amend must comply with Local Rule 15-1 and include specific requirements.

Motions for default judgment must include evidence and proposed order addressing specific requirements.

Summary judgment motions must comply with Local Rule 56.

No party may file more than one Rule 56 motion without leave of court.

Extended briefing schedule required for Rule 56 motions: motion 5 weeks before hearing, opposition 3 weeks before, reply 2 weeks before.

Default briefing schedule is minimum; parties may stipulate to extended schedule with at least 2 weeks between reply and hearing.

Cross-motions for summary judgment should use 3-brief or 4-brief approach instead of separate motions to avoid overburdening the Court.

Ex parte applications must be served by email, fax, or personal service in addition to Local Rule 5-3.

Counsel must meet and confer to determine filing order for cross-motions and stipulate to extended briefing schedule and page limits.

Court may sua sponte enter summary judgment under Rule 56(f) and expects parties to seek intervention if needed.

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