Court Rules
About Senior United States District Judge Anthony J. Battaglia

**Senior District Judge Anthony J. Battaglia** was appointed to the Southern District of California by President Barack Obama in 2011. Judge Battaglia was born in 1949 in San Diego, California. He was nominated on January 5, 2011, confirmed by the Senate on March 7, 2011, and received his commission on March 9, 2011, filling the seat vacated by M. James Lorenz. He assumed senior status on March 31, 2021. Prior to his district court appointment, he served as a U.S. Magistrate Judge for the Southern District of California from 1993 to 2011. **Education** - California Western School of Law, J.D., 1974 - United States International University (now Alliant International University), B.A., 1971 **Career** - Private practice, San Diego, California (1974–1993) - U.S. Magistrate Judge, Southern District of California (1993–2011)

**Courthouse:** James M. Carter and Judith N. Keep U.S. Courthouse, 333 W. Broadway, San Diego, CA 92101 **Phone:** (619) 557-5600 (Court main line) **Note:** Senior Judge — no courtroom deputy or court reporter listed in public directory.

Common questions about Judge Anthony J. Battaglia's rules

Does Judge Anthony J. Battaglia require a pre-motion conference or letter before filing a motion?

Judge Anthony J. Battaglia's rules set a pre-motion procedure for covered motions. Rule 26(f) conference timing requirements.

View ruleSource: page 7, section III. RULE 26(f) CONFERENCE

What formatting rules apply to filings before Judge Anthony J. Battaglia?

Judge Anthony J. Battaglia's formatting rule includes file format thumb drive and cds and dvds are no longer be accepted. All exhibits must be digitized and submitted on thumb drive; CDs/DVDs not accepted.

View ruleSource: page 11, section I. Exhibits

What must be included with joint motion filings before Judge Anthony J. Battaglia?

The rule requires proposed order. Proposed orders for joint motions must be emailed in Word, not filed on CM/ECF

View ruleSource: page 6, section IV. Joint Motions

What must be included with ex parte motion filings before Judge Anthony J. Battaglia?

The rule requires proposed order. Proposed orders for ex parte motions must be emailed in Word, not filed on CM/ECF

View ruleSource: page 6, section V. Ex Parte Proceedings

How may parties contact Judge Anthony J. Battaglia's chambers?

Parties may contact Judge Anthony J. Battaglia's chambers by letter ecf only as allowed by the rule. All jury communications with court must be in writing, signed by foreperson, passed through bailiff.

View ruleSource: page 1, section I. COMMUNICATIONS WITH THE COURT

How does Judge Anthony J. Battaglia handle sealed or redacted filings?

Judge Anthony J. Battaglia's rules set procedures for sealed or redacted filings. Process: file redacted on ecf and file unredacted to chambers. Parties must follow CASD ECF Policies for filing sealed documents.

How do I request an adjournment or extension before Judge Anthony J. Battaglia?

Requests should be made at least 7 calendar days in advance when this rule applies before Judge Anthony J. Battaglia. The request must include original date, proposed new dates, good cause, number of previous requests, previous requests granted or denied, affects other dates, and meet and confer. Continuance requests require 7-day advance notice, meet-and-confer, and detailed declaration

View ruleSource: page 5, section IV. Joint Motions

Does Judge Anthony J. Battaglia require motion papers to be bundled?

Bundling is optional for covered papers before Judge Anthony J. Battaglia. Disclosure process can be altered by stipulation or court order

View ruleSource: page 28, section D. Altering the Disclosure Process by Stipulation

When is a filing treated as filed before Judge Anthony J. Battaglia?

The rule addresses filing timing, filing status, or cure windows. Pretrial motions (other than motions in limine and sentencing motions) must be filed at least 14 calendar days before the hearing.

View ruleSource: page 2, section IV. PRETRIAL MOTIONS
Complete rules summary for Judge Anthony J. Battaglia

Continuance requests require 7-day advance notice, meet-and-confer, and detailed declaration

Requests within 7 days must show excusable neglect for untimeliness

Proposed orders for joint motions must be emailed in Word, not filed on CM/ECF

Proposed orders for ex parte motions must be emailed in Word, not filed on CM/ECF

Ex parte motions must be served on opposing counsel via fax, email with return receipt, or overnight mail

Opposing counsel has until 5:00 PM next business day to respond to ex parte motions

Errata and notices of errata are not permitted.

Parties must follow CASD ECF Policies for filing sealed documents.

Motion to seal must include description, legal standard, analysis, and supporting affidavits.

Entire pleadings/attachments should not be sealed unless entire document meets sealing standard.

Redacted version must be publicly filed if entire document doesn't meet sealing standard.

Do not contact chambers for hearing date on motion to seal; use specific caption language.

Responses to motions to seal must be filed within 7 days.

Meet and confer required before sealing documents designated confidential or attorneys’ eyes only.

Proposed jury instructions and verdict forms must be filed with joint pretrial conference order and emailed in Word format.

Witness and exhibit lists must be filed 7 days before trial.

Side bar conferences are discouraged; issues should be discussed during recess.

Counsel may use well for opening/closing but must examine witnesses from podium.

All exhibits must be digitized and submitted on thumb drive; CDs/DVDs not accepted.

Table of contents required for exhibits on thumb drive.

Joint responsibility to create thumb drive of exhibits marked but not received in evidence.

Exhibits may not be passed among the jury during trial.

Court provides AV equipment; VGA/HDMI connector required for devices.

Document Camera (Elmo) with annotation and Blu Ray player available.

Jury box, counsel tables, and gallery equipped with digital monitors.

Counsel must contact CRD for equipment details and preview scheduling.

Counsel should contact CRD with questions about other equipment.

All jury communications with court must be in writing, signed by foreperson, passed through bailiff.

Contact bailiff by pushing wall button for 1-2 seconds.

If no response in 10-15 minutes, buzz again.

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