Judge Anthony J. Battaglia's rules set a pre-motion procedure for in limine. Motions in Limine are due 14 days before hearing, opposition due 7 days before, no replies permitted.
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.
The rule identifies required filing content or certificates. Exhibits may not be passed among the jury during trial.
The rule requires illustrative exhibits and exhibits marked for identification. Joint responsibility to create thumb drive of exhibits marked but not received in evidence.
Parties may contact Judge Anthony J. Battaglia's chambers by other only as allowed by the rule. Deliberations end at approximately 4:30 PM.
A motion to seal is required for covered sealed filings before Judge Anthony J. Battaglia. Meet and confer required before sealing documents designated confidential or attorneys’ eyes only.
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
Yes. Judge Anthony J. Battaglia requires bundling for covered papers. Specific sentencing filing deadlines: PSR objections 14 days, 5k1.1 departures 7 days, summary charts 7 days
Counsel should contact CRD with questions about other equipment.
Counsel must contact CRD for equipment details and preview scheduling.
Jury box, counsel tables, and gallery equipped with digital monitors.
Document Camera (Elmo) with annotation and Blu Ray player available.
Court provides AV equipment; VGA/HDMI connector required for devices.
Exhibits may not be passed among the jury during trial.
Joint responsibility to create thumb drive of exhibits marked but not received in evidence.
Table of contents required for exhibits on thumb drive.
All exhibits must be digitized and submitted on thumb drive; CDs/DVDs not accepted.
Counsel may use well for opening/closing but must examine witnesses from podium.
Side bar conferences are discouraged; issues should be discussed during recess.
Witness and exhibit lists must be filed 7 days before trial.
Proposed jury instructions and verdict forms must be filed with joint pretrial conference order and emailed in Word format.
Meet and confer required before sealing documents designated confidential or attorneys’ eyes only.
Responses to motions to seal must be filed within 7 days.
Do not contact chambers for hearing date on motion to seal; use specific caption language.
Redacted version must be publicly filed if entire document doesn't meet sealing standard.
Entire pleadings/attachments should not be sealed unless entire document meets sealing standard.
Motion to seal must include description, legal standard, analysis, and supporting affidavits.
Parties must follow CASD ECF Policies for filing sealed documents.
Errata and notices of errata are not permitted.
Opposing counsel has until 5:00 PM next business day to respond to ex parte motions
Ex parte motions must be served on opposing counsel via fax, email with return receipt, or overnight mail
Proposed orders for ex parte motions must be emailed in Word, not filed on CM/ECF
Proposed orders for joint motions must be emailed in Word, not filed on CM/ECF
Requests within 7 days must show excusable neglect for untimeliness
Continuance requests require 7-day advance notice, meet-and-confer, and detailed declaration
Press buzzer when ready for break/lunch/end of day.
Deliberations end at approximately 4:30 PM.
Jurors may take 1-hour lunch break at discretion.