Court Rules
district Judge
Verified Current21 hours ago

Judge Anthony J. Battaglia

Southern District of California

Limits & Logistics

Document Limits

Motion
10 pgs
Motion
5 pgs
Trial Brief
25 pgs

Courtesy Copies

Filings

Not Required

Adjournments

Notice Required
7Calendar Days

Must Include

  • 1
    Original Date
  • 2
    Proposed New Dates
  • 3
    Good Cause
  • 4
    Number Of Previous Requests
  • 5
    Previous Requests Granted Or Denied
  • 6
    Affects Other Dates
  • 7
    Adversary Position

Must Include

  • 1
    Call Chambers To Request Extension
  • 2
    Reason For Request
  • 3
    Proposed New Dates
  • 4
    Good Cause
  • 5
    Non Custody Defendant Sign Off
  • 6
    Party Sign Off
  • 7
    Speedy Trial Exclusions
  • 8
    Waiver Of Late Submissions
  • 9
    Meet And Confer
  • 10
    Benefit Vs Burden Analysis
  • 11
    Affects Other Dates
  • 12
    Criminal Charges
  • 13
    Fifth Amendment Concerns
Notice Required
1Business Days

Must Include

  • 1
    Response Deadline
  • 2
    Reason For Request
  • 3
    Proposed New Dates
Notice Required
3Court Days
Notice Required
21Calendar Days

Must Include

  • 1
    Reason For Request
  • 2
    Proposed New Dates
Notice Required
14Calendar Days

Must Include

  • 1
    Reason For Request
  • 2
    Proposed New Dates
Notice Required
30Calendar Days

Must Include

  • 1
    Reason For Request
  • 2
    Proposed New Dates

Communication

Letter Ecf

Chambers

No Status Inquiries
Other

Chambers

SchedulingEmergencies
No Hours, Status Inquiries
Email

Chambers

Scheduling
No Status Inquiries, Hours
Letter Fax

Chambers

No Status Inquiries
Phone

Chambers

Scheduling
Advance Notice Required
No Status Inquiries
Phone

Chambers

619-557-3446
Scheduling
No Status Inquiries
Conference

Organization

Scheduling
No Timing
In Person

Chambers

Scheduling
Advance Notice Required
Filters:AllMandatoryImportantCommunicationJuryConferencesTRO/InjunctionExhibitsCourtroom ConductElectronicsEvidence/Witnesses

Detailed Drafting Rules

Communication ProtocolMandatory

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

All communications with the Court must be in writing, signed by the foreperson of the jury, and passed to the Judge through one of the bailiffs.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecI. COMMUNICATIONS WITH THE COURT
Communication ProtocolNote

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

To contact a bailiff, push the button on the wall for one to two seconds. A buzzer is located in the Judge’s chambers and a bailiff will respond as soon as possible.

Other

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 1
|SecI. COMMUNICATIONS WITH THE COURT
Communication ProtocolImportant

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

If there is no response within ten to fifteen minutes, you should buzz again.

Other

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Hours
    9:00 AM - 4:30 PM
Page 1
|SecI. COMMUNICATIONS WITH THE COURT
Communication ProtocolMandatory

Bailiff knocks 3 times to signal stop deliberations.

When a bailiff responds to your call or needs to contact you for any other reason, they will knock loudly three times on the door. Bailiffs are not permitted to hear any of your deliberations, and this is the indication that you should stop deliberations.

Other

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 1
|SecI. COMMUNICATIONS WITH THE COURT
Communication ProtocolNote

Continue deliberations while waiting for attorney response to jury note.

If a jury note requires the attendance of the attorneys and parties, it may take some time for everyone to return. Therefore, you should continue your deliberations while waiting for an answer to the note.

Letter via ECF

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 1
|SecI. COMMUNICATIONS WITH THE COURT
Communication ProtocolMandatory

Jurors cannot leave jury room without bailiff escort.

You may not leave the jury room unless a bailiff comes for you.

Other

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 1
|SecI. COMMUNICATIONS WITH THE COURT
Communication ProtocolMandatory

All jurors must leave jury room during breaks/lunch.

During breaks and lunch, everyone must leave. No juror is permitted to remain in the jury room alone.

Other

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 1
|SecI. COMMUNICATIONS WITH THE COURT
Communication ProtocolMandatory

Jury must convene at 9:00 AM daily, met by bailiff.

The jury should convene each day at 9:00 a.m. and will be met by a bailiff in the front of the courtroom.

Other

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 1
|SecII. TIME SCHEDULE
Communication ProtocolImportant

Changes to start time must be discussed with bailiff in advance.

Any change in starting time should be discussed with the Bailiff in advance.

Other

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 1
|SecII. TIME SCHEDULE
Communication ProtocolNote

Jurors may take 15-minute breaks at discretion.

You may have a morning and an afternoon break (fifteen minutes each) at your discretion.

Other

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 1
|SecII. TIME SCHEDULE
Communication ProtocolNote

Jurors may take 1-hour lunch break at discretion.

You may take a one hour lunch break at around noon, at your discretion.

Other

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 1
|SecII. TIME SCHEDULE
Communication ProtocolMandatory

Deliberations end at approximately 4:30 PM.

Deliberations will recess for the day at around 4:30 p.m.

Other

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 1
|SecII. TIME SCHEDULE
Communication ProtocolNote

Press buzzer when ready for break/lunch/end of day.

When you are ready for a break, for lunch or to leave at the end of the day, please press the buzzer and a bailiff will arrive to escort you out of the courtroom.

Other

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Page 1
|SecII. TIME SCHEDULE
Communication ProtocolMandatory

Letters/emails to chambers prohibited unless specifically requested; if requested, must send copies to all counsel.

Letters or emails to chambers are prohibited unless specifically requested by the Court. If letters or emails are requested, copies of the same must be simultaneously delivered to all counsel.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecI. Communications with Chambers
Communication ProtocolMandatory

Faxes to chambers prohibited unless specifically requested; if requested, must send copies to all counsel.

Faxes to chambers are prohibited unless specifically requested by the Court. If faxes are requested, copies of the document(s) must be simultaneously delivered to all counsel.

Letter Fax

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecI. Communications with Chambers
Communication ProtocolImportant

Phone calls to chambers limited to scheduling/calendaring; procedural questions go to Clerk's Office.

Telephone calls to chambers are permitted only for matters such as scheduling and calendaring. Procedural questions should be directed to the Clerk's Office after first consulting the Local Rules and Electronic Case Filing Administrative Policies & Procedures Manual.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecI. Communications with Chambers
Communication ProtocolNote

Court personnel cannot give legal advice or discuss case merits.

Court personnel are prohibited from giving legal advice or discussing the merits of a case.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecI. Communications with Chambers
Communication ProtocolNote

Chambers phone number provided for contact.

Chambers staff may be reached at 619-557-3446.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecI. Communications with Chambers
Communication ProtocolMandatory

Only counsel of record with case knowledge may contact chambers.

Only counsel of record with knowledge of the case may contact chambers.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecI. Communications with Chambers
Communication ProtocolNote

Must identify case by number when calling chambers.

When calling chambers, be prepared to identify your case based on the case number.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecI. Communications with Chambers
Communication ProtocolMandatory

Remote appearances denied unless good cause shown; travel inconvenience not good cause.

The Court will not grant requests to excuse a required party from appearing in person absent good cause. Avoiding the cost and time of travel or mere convenience is not good cause.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecII. Appearances
Communication ProtocolMandatory

Must confer with opposing counsel before requesting remote appearance.

If counsel believes there are sufficient grounds to request permission to appear remotely, they must confer with opposing counsel prior to making the request.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecII. Appearances
Communication ProtocolMandatory

Remote appearance requests must be filed 7 days before hearing.

All requests to appear remotely must be made by joint or ex parte motion filed at least 7 calendar days before the scheduled hearing.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecII. Appearances
Communication ProtocolMandatory

Failure to appear in person without approval may result in sanctions.

Failure to appear in person without prior court approval will be grounds for sanctions.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecII. Appearances
Communication ProtocolMandatory

Remote participants prohibited from photographing, recording, or rebroadcasting proceedings.

Persons granted remote access to court proceedings by video- or tele-conference are strictly prohibited from photographing, including 'screen-shots,' recording, and rebroadcasting the court proceeding.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecII. Appearances
Communication ProtocolNote

Same professionalism/formality/civility required for remote and in-person appearances.

The same level of professionalism, formality, and civility is required regardless of method of appearance.

Phone

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 2
|SecII. Appearances
Page or Word LimitMandatory

Motions for reconsideration are limited to 10 pages with no attachments or exhibits.

The motion for reconsideration must be no more than 10 pages in length and may not include attachments or exhibits;

Page 5
|SecH. Motions for Reconsideration
Communication ProtocolNote

Court will contact parties to schedule hearing if required for ex parte motions.

If the Court requires a hearing, the parties will be contacted to set a date and time.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    when_hearing_is_required
Page 6
|SecIV. Ex Parte Proceedings
Page or Word LimitMandatory

Each side may file up to 5 motions in limine, each limited to 5 pages plus 5 pages of attachments.

Each side is allowed a maximum of 5 motions in limine. Each motion must be limited to a single subject. Each motion and each opposition are limited to 5 pages in length. Attachments are also limited to a maximum of 5 pages for any motion or opposition;

Page 10
|SecVII.B.1
Page or Word LimitMandatory

Trial briefs are limited to 25 pages with no attachments or exhibits.

Trial briefs are limited to 25 pages. Attachments or exhibits may not be appended.

Page 10
|SecVII.C
Communication ProtocolMandatory

Good faith conference required before or after serving notice for Rule 30(b)(6) depositions.

Before or promptly after the notice or subpoena is served, the serving party and the organization must confer in good faith about the matters for examination.

Conference

Direct to: Organization

Approved Topics
Scheduling
Prohibited
  • Timing
    before_or_promptly_after_serving_notice
Page 120
|SecJ. Depositions of an Organization
Document RequirementMandatory

Witness must ask deposing counsel for clarifications during depositions

At the beginning of the deposition, deposing counsel shall instruct the witness to ask deposing counsel, rather than the witness’ own counsel, for clarifications, definitions, or explanations of any words, questions, or documents presented during the deposition. The witness shall abide by these instructions;

Document Type

Deposition

Content & Formatting
Specific Language

At the beginning of the deposition, deposing counsel shall instruct the witness to ask deposing counsel, rather than the witness’ own counsel, for clarifications, definitions, or explanations of any words, questions, or documents presented during the deposition. The witness shall abide by these instructions;

Page 134
|SecClifton Order guidelines
Communication ProtocolNote

Attendance at court-ordered exams is at court’s discretion.

Rule 35 is silent on who may attend a court ordered examination. As a result, that determination is left to the court’s discretion.

Email

Direct to: Chambers

Approved Topics
Scheduling
Communication ProtocolNote

Examinee’s physician may attend medical exam at court’s discretion.

The examinee’s own physician may be permitted to attend, at the court’s discretion, if the examinee so desires.

Email

Direct to: Chambers

Approved Topics
Scheduling
Communication ProtocolNote

Early Neutral Evaluation Conference coordinates Rule 26 compliance

The magistrate judges of the Southern District of California believe that the Early Neutral Evaluation Conference will be an opportune time to help the parties coordinate their compliance with Rule 26 disclosures and the Rule 26(f) conference.

In Person

Direct to: Chambers

Approved Topics
Scheduling
Requirements
  • Advance Notice Required
    must be prepared to discuss Rule 26 compliance
Page 175
|SecC. Expanded Scope of the Early Neutral Evaluation Conference
Communication ProtocolMandatory

Counsel must discuss Rule 26(f) conference, initial disclosures, and discovery plan at Early Neutral Evaluation Conference

Counsel must be prepared to discuss the following at the Early Neutral Evaluation Conference: Setting the Rule 26(f) conference; Objections to initial disclosure provisions of Rule 26; Format of the Rule 26 conference (i.e., in person or telephonic); The scheduling of the initial disclosure date; The filing date for a discovery plan;

In Person

Direct to: Chambers

Approved Topics
Scheduling
Page 175
|SecC. Expanded Scope of the Early Neutral Evaluation Conference
Communication ProtocolMandatory

Rule 26(f) conference within 24 days, discovery plan within 14 days, Case Management Conference within 45 days of Early Neutral Evaluation Conference

The parties can expect to leave the Early Neutral Evaluation Conference with Rule 26 compliance dates or deadlines. The timing of the typical case required by Rules 16(b) and 26, respectively, will generally lead to the setting of the following dates: A Rule 26(f) conference no more than 24 days following the Early Neutral Evaluation Conference; Disclosure deadline in the filing of a discovery plan within 14 days of the Rule 26(f) meeting, and, A Case Management Conference 21 days following the Rule 26(f) conference (45 days after the Early Neutral Evaluation Conference).

In Person

Direct to: Chambers

Approved Topics
Scheduling
Page 176
|SecC. Expanded Scope of the Early Neutral Evaluation Conference
Communication ProtocolMandatory

Must contact opposing party before filing ex parte motion

Before filing an ex parte motion, counsel must contact the opposing party

Other

Approved Topics
Scheduling
Prohibited
  • Status Inquiries
Page 179
|SecF. Ex Parte Practice
Communication ProtocolMandatory

Counsel must attempt to confer before seeking court assistance

Counsel should attempt to confer and resolve the issues first.

Other

Approved Topics
Scheduling
Prohibited
  • Status Inquiries
Page 179
|SecE. Depositions
Communication ProtocolNote

Chamber rules specify ex parte motion procedures

Most judges follow a similar procedure, and these are often specified in chamber’s rules. For example, Judge Battaglia’s chamber’s rules require '[b]efore filing an ex parte motion, counsel must contact the opposing party

Other

Approved Topics
Scheduling
Prohibited
  • Status Inquiries
Page 179
|SecF. Ex Parte Practice
Communication ProtocolMandatory

Ex parte motions must be served on opposing counsel

Any ex parte motion filed with the Court must be served on opposing counsel via facsimile, electronic mail with return receipt requested, or overnight mail.

Email

Approved Topics
Scheduling
Prohibited
  • Status Inquiries
Page 179
|SecF. Ex Parte Practice
Communication ProtocolImportant

Opposing counsel must call law clerk to request extension

If more time is needed, opposing counsel must call the law clerk to modify the schedule.

Phone

Direct to: Chambers

Approved Topics
Scheduling
Prohibited
  • Status Inquiries
Page 179
|SecF. Ex Parte Practice
Communication ProtocolNote

Court will contact parties to schedule hearing if needed

If the Court requires a hearing, the parties will be contacted to set a date and time.

Other

Direct to: Chambers

Approved Topics
Scheduling
Prohibited
  • Status Inquiries
Page 179
|SecF. Ex Parte Practice