Judge Barry Ted Moskowitz
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Hand Delivery • Same Day
Filings > 20 pages
- Within 24 Hours
Adjournments
- Motion papers must be filed and served within 3 court days of obtaining hearing date or forfeit the date.
Page & Word Limits2 rules
Typically, each side will be permitted to file 5 motions in limine limited to 5 pages each.
- Motion in limine
- Up to 5 pages per side
- Motions in limine
Sur-reply brief (max 5 pages) allowed for responding to objections in reply brief.
- sur-reply
- Up to 5 pages
Court's wording
Responses to objections contained in a reply brief may be made in a sur-reply brief that does not exceed five pages. The scope of such a sur-reply is limited to responses to objections; any additional argument will be disregarded.
Document Format Requirements2 rules
The proposed pretrial order shall be in the format prescribed by CivLR 16.1.f.6.c.
If a filing has more than three (3) exhibits the exhibits must be tabbed.
- More than 3 pages
Document Filing Requirements13 rules
IT IS HEREBY ORDERED that no party in a criminal case shall submit more than five (5) letters regarding sentencing unless authorized by the court for good cause shown.
Any letters submitted to the court must be filed no later than five (5) days prior to sentencing and must be typed in at least 14-point font.
Motion caption must include “NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT” unless otherwise instructed.
- Document
- Notice of motion
- Placement
- Caption
Court's wording
Unless otherwise instructed by the Court, parties filing motions with the Court shall include the following language on the caption page of the notice of motion, directly under the hearing date: “PER CHAMBERS, NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT.”
Proposed orders required for joint motions/stipulations in Word/WordPerfect format.
- Document
- Joint motion
Must include
- •Proposed order
Court's wording
Proposed orders must be submitted in Word or WordPerfect format simultaneously with the filing of all joint motions/stipulations and applications/requests. Proposed orders are not required for noticed motions.
Separate Statements of Fact must not be filed unless leave of Court has been granted.
Objections to evidence must be in opposition brief (for motion) or reply brief (for opposition).
Court's wording
Objections to evidence submitted in support of a motion must be contained within the opposition brief. Similarly, objections to evidence submitted in support of an opposition must be contained within the reply brief.
Sur-replies may not be filed unless leave of Court has been granted.
Joint proposed pretrial order due 7 days before pretrial conference.
- Document
- Pretrial order
Must include
- •Joint proposed order
- •Joint proposed pretrial order
Court's wording
At least seven days prior to the pretrial conference, the parties shall lodge a joint proposed pretrial order with chambers and email a copy of the proposed pretrial order to efile_Moskowitz@casd.uscourts.gov.
Witnesses, exhibits, and deposition transcripts must be listed for cross-examination evidence as well.
Include
- •Deposition transcripts
Court's wording
The requirements of CivLR 16.1.f.6.c regarding the listing of witnesses, exhibits, and deposition transcripts/videotape depositions extend to evidence that counsel anticipate may be used on cross-examination, including impeachment evidence.
The Court shall strike from the record any letters filed or submitted in violation of this order and they shall not be made available to the court for review.
Thus, any letters submitted in violation of this order shall not be read by the court or be part of the record.
Counsel may also submit to the court as part of a sentencing memorandum a brief summary of letters in excess of the amount authorized by this order.
- Document
- Sentencing memorandum
May include
- •Summary of excess letters
Additional letters may be submitted to the probation officer who is preparing the presentence report for summarization in the report.
Filing & Service rules
Courtesy Copy Requirements
Urgent filings require same-day hand-delivery of courtesy copy.
If the filing is of an urgent nature, a courtesy copy of the filing must be hand-delivered to chambers on the same day as filing.
Civil cases
Page 2 | PRETRIAL MOTION PRACTICE
Courtesy copies required for filings over 20 pages within 24 hours.
Courtesy copies of filings that exceed 20 pages in length, including attachments and exhibits, shall, within 24 hours after filing, be mailed or hand-delivered to chambers.
Civil cases
Page 2 | PRETRIAL MOTION PRACTICE
Sealing & Redaction Procedures
Specific reasons required to file documents under seal; confidentiality designation alone is insufficient.
A party seeking to file a document under seal (or with restricted access) must provide specific reasons why such relief is appropriate. The fact that the document has been designated “confidential” or a similar designation pursuant to a protective order is not a sufficient reason in and of itself.
Civil cases
Page 3 | Motions to File Documents Under Seal
Meet and confer required before filing motion to seal based on another party's confidentiality designation.
If the moving party seeks to file documents under seal based on another party’s designation of the documents as “confidential,” before filing the motion, the moving party must, if feasible, meet and confer with the other party as to which documents that party contends should be filed under seal.
Civil cases
Page 3 | Motions to File Documents Under Seal
Pre-Motion Conference Requirements
Oral argument may be requested with explanation; summary judgment motions get oral argument if non-moving party requests.
Any party may request oral argument by filing a separate request that explains why oral argument would be helpful. Additionally, if requested by a non-moving party on a motion for summary judgment, oral argument will be granted.
Civil cases
Page 1 | PRETRIAL MOTION PRACTICE
Adjournment & Extension Requirements
Motion papers must be filed and served within 3 court days of obtaining hearing date or forfeit the date.
Motion papers must be filed and served within three (3) court days of obtaining the hearing date. Failure to file and serve the papers within 3 court days will result in forfeiture of the reserved date.
Civil cases
Page 1 | PRETRIAL MOTION PRACTICE
Junior Lawyer Participation Incentives
In an effort to provide junior attorneys with opportunities to argue in court, on request, Judge Moskowitz will hold oral argument where: (1) the motion will be argued by attorneys with less than 5 years of admission to the bar for at least two opposing sides; or (2) where the motion will be argued by an attorney with less than 5 years of admission to the bar on one side and the opposing attorney, irrespective of his or her experience, also requests oral argument.
In an effort to provide junior attorneys with opportunities to argue in court, on request, Judge Moskowitz will hold oral argument where: (1) the motion will be argued by attorneys with less than 5 years of admission to the bar for at least two opposing sides; or (2) where the motion will be argued by an attorney with less than 5 years of admission to the bar on one side and the opposing attorney, irrespective of his or her experience, also requests oral argument.
Civil cases
Page 2 | PRETRIAL MOTION PRACTICE