Judge Benjamin J. Cheeks
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Ex Parte Motions
Adjournments
- Continuance requests require meet and confer and joint motion if parties agree.
- When parties cannot agree on a continuance or extension, the requesting party must file an ex parte motion containing specific required elements.
- Parties must meet and confer before requesting any continuance or procedural change.
- +2 more
Request must include
Communication
Chambers
Phone
Chambers
Page & Word Limits15 rules
3. The motion for reconsideration must be no more than ten (10) pages in length and may not include attachments or exhibits;
Motion
10 pages
The motion for reconsideration must be no more than ten (10) pages in length and may not include attachments or exhibits;
Motion For Reconsideration
10 pages
Applies to: Attorney
If filed as a separate document, evidentiary and procedural objections may not exceed five (5) pages in length.
Evidentiary And Procedural Objections
5 pages
Applies to: Attorney
Motions in limine limited to 5 motions per side, 5 pages each, single subject.
Motions in limine will typically be heard in advance of the first day of trial, on a date set by the Court. Each side is allowed a maximum of five (5) motions in limine. Each motion must be limited to a single subject. Each motion and each opposition are limited to five (5) pages in length. Attachments are also limited to a maximum of five (5) pages for any motion or opposition.
Motion In Limine
5 pages
Applies to: Attorney
Motions in limine limited to 5 per side, single subject only, with 5-page limit for motion, opposition, and attachments.
Motions in limine will typically be heard in advance of the first day of trial, on a date set by the Court. Each side is allowed a maximum of five (5) motions in limine. Each motion must be limited to a single subject. Each motion and each opposition are limited to five (5) pages in length. Attachments are also limited to a maximum of five (5) pages for any motion or opposition.
Motion
5 pages
Trial briefs are limited to twenty-five (25) pages. Attachments or exhibits may not be appended.
Trial Brief
25 pages
Trial briefs are limited to twenty-five (25) pages.
Trial Brief
25 pages
Applies to: Attorney
The motion for reconsideration must be no more than ten (10) pages in length and may not include attachments or exhibits;
Motion
10 pages
If filed as a separate document, evidentiary and procedural objections may not exceed five (5) pages in length.
Evidentiary And Procedural Objections
5 pages
Each motion and each opposition are limited to five (5) pages in length.
Motion In Limine
5 pages
Opposition
5 pages
Attachments are also limited to a maximum of five (5) pages for any motion or opposition.
Motion In Limine
5 pages
Opposition
5 pages
No party shall submit more than ten sentencing letters without leave of Court.
Sentencing Letter
If filed as a separate document, evidentiary and procedural objections may not exceed five (5) pages in length.
Evidentiary Objections
5 pages
Each side is allowed a maximum of five (5) motions in limine.
Motion In Limine
The parties may file trial briefs seven (7) days prior to the date of trial. Trial briefs are limited to twenty-five (25) pages. Attachments or exhibits may not be appended.
Trial Brief
25 pages
Document Format Requirements8 rules
All proposed orders and other documents submitted to the Court should be emailed to efile_cheeks@casd.uscourts.gov in Microsoft Word format. Documents submitted in Word Perfect will be rejected by the Court.
DOCX
The separate statement should be prepared in a table format, with each undisputed material fact individually enumerated and supported by citations to evidence in the record.
email a copy in Word format to efile_cheeks@casd.uscourts.gov
DOCX
Counsel must create two thumb drives: one with all marked and admitted exhibits preserved for the record, and one with only admitted exhibits for the jury.
Counsel will need to create two thumb drives; one of which will include all marked and admitted exhibits that will be preserved for the record and the second will be a thumb drive containing only admitted exhibits which will be given to the jury for their review.
All proposed orders and other documents submitted to the Court should be emailed to efile_cheeks@casd.uscourts.gov in Microsoft Word format. Documents submitted in Word Perfect will be rejected by the Court.
DOCX
All documents should be scanned using Optical Character Recognition (“OCR”), if possible.
The emailed copy of proposed jury instructions and verdict forms must be in Word format.
The parties must file proposed jury instructions and verdict forms seven (7) days prior to the date of trial, unless otherwise ordered by the Court and email a copy in Word format to efile_cheeks@casd.uscourts.gov.
Discs will no longer be accepted.
Document Filing Requirements113 rules
All proposed orders and other documents submitted to the Court should be emailed to efile_cheeks@casd.uscourts.gov in Microsoft Word format. Documents submitted in Word Perfect will be rejected by the Court.
DocumentProposed Order
Attorneys must confer within 14 days after arraignment to agree on timetable.
Not later than fourteen (14) calendar days after the arraignment on an Indictment or Information, the attorney for the defendant(s) and the attorney for the government must confer and attempt to agree on a timetable and
DocumentCriminal Case
ALL motions and ex parte applications must include a non-conclusory declaration detailing specific reasons.
Counsel shall submit an accompanying declaration on ALL motions and ex parte applications, including request for extraordinary relief. The motion/application and accompanying declaration must be non-conclusory and must plainly set forth (in detail) the specific reasons for the request.
DocumentMotion
Discovery timetable and Rule 16 expert disclosure must be submitted 7 days before first motion hearing.
Not later than seven (7) calendar days prior to the first motion hearing, the parties must inform the Court in writing of the agreed upon timetable for the production of discovery, including the Alien Registration File, video footage, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement.
DocumentDiscovery Timetable
Parties must submit written discovery timetable 7 days before first motion hearing.
Not later than seven (7) calendar days prior to the first motion hearing, the parties must inform the Court in writing of the agreed upon timetable for the production of discovery, including the Alien Registration File, video footage, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement.
DocumentDiscovery Timetable
All motions and ex parte applications require a non-conclusory declaration with specific reasons.
Counsel shall submit an accompanying declaration on ALL motions and ex parte applications, including request for extraordinary relief. The motion/application and accompanying declaration must be non-conclusory and must plainly set forth (in detail) the specific reasons for the request.
DocumentMotion
Criminal motions requiring a predicate factual finding must be supported by declaration(s). See CrimLR 47.1.g.1.
DocumentCriminal Motion
Local Rule 16.1 report of counsel must be on file with discovery timetable and Rule 16 expert disclosure.
A Local Rule 16.1 report of counsel, the agreed upon timetable for the production of discovery, including the Alien Registration File, video footage, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement must be on file.
DocumentLocal Rule 16 1 Report
Criminal motions requiring factual findings must include supporting declarations.
Criminal motions requiring a predicate factual finding must be supported by declaration(s). See CrimLR 47.1.g.1. The Court need not grant an evidentiary hearing where either party fails to properly support its motion or opposition.
DocumentMotion
The motion must state the date of the next scheduled hearing in the case.
DocumentMotion To Seal
Motions to seal must include description of documents, legal standard analysis, supporting affidavits, the documents themselves, and the next hearing date.
Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); (3) affidavits or declarations in support of the motion; and (4) the documents to be sealed. The motion must state the date of the next scheduled hearing in the case.
DocumentMotion
The Court Reporter will not transcriber any videos or audio tapes. Consequently, the parties must provide a stipulated transcript of videos or audio tapes.
DocumentVideo Audio Exhibits
All witnesses must be present at the start of trial or readily available to take the stand.
DocumentWitness Availability
The parties must file witness and exhibit lists seven (7) days prior to the date of the trial, unless otherwise ordered by the Court.
DocumentWitness Exhibit Lists
Counsel must meet and confer and submit a joint set of agreed jury instructions. Counsel must also submit a separate set of any instructions they propose to which there is an objection.
DocumentJury Instructions
All audio and video exhibits to be entered into evidence will be submitted to the jury on a thumb drive. Discs will no longer be accepted.
DocumentAudio Video Exhibits
Two thumb drives required: one for record, one for jury.
Counsel will need to create two thumb drives; one of which will include all marked and admitted exhibits that will be preserved for the record and the second will be a thumb drive containing only admitted exhibits which will be given to the jury for their review.
DocumentAudio Video Exhibits
Counsel must create a table of contents and mutually agree upon the contents of each thumb drive.
DocumentAudio Video Exhibits
Motions to modify/terminate supervised release must include positions of USAO and Probation Officer.
Motions and Joint Motions to Modify or Terminate supervised release conditions or the term, must include a statement regarding the positions of the United States Attorney’s Office and the United States Probation Officer supervising the defendant.
DocumentMotion To Modify Terminate Supervised Release
Motions to modify or terminate supervised release must include statements of positions from the U.S. Attorney's Office and U.S. Probation Officer.
Motions and Joint Motions to Modify or Terminate supervised release conditions or the term, must include a statement regarding the positions of the United States Attorney's Office and the United States Probation Officer supervising the defendant.
DocumentMotion
Motions must set hearing date 35 days from filing; include 'NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT' in caption.
Parties filing a noticed motion must set the hearing date to be thirty-five (35) days from the motion’s filing date.1 Parties should not contact chambers for a motion hearing date. Opposition and reply briefs are due based on the noticed date.2 The hearing date on a motion does not indicate a date when appearances are necessary; rather, it sets the briefing schedule for the motion pursuant to the applicable local rules. Consequently, the filing party should not specify a hearing time on its motion and must include the following language in the caption of the motion: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.
DocumentMotion
Sur-replies are not allowed unless leave of Court has been granted.
DocumentSur Reply
Proposed orders must be submitted simultaneously with the filing of all joint motions or ex parte motions. As stated above, do not include any watermarks or firm insignia on proposed orders.
DocumentProposed Order
Proposed orders for continuances must be emailed in Word format with specific content and no watermarks.
The parties must also e- mail a proposed order in Word format to efile_cheeks@casd.uscourts.gov. The proposed order must set forth the current date scheduled, and the new date proposed. Additionally, do not include any watermarks or firm insignia on proposed orders.
DocumentProposed Order
Reconsideration motions must address federal standard and not relitigate previously ruled arguments.
The motion for reconsideration will specifically address federal standard applicable to motions for reconsideration and the requirements outlined in Civil Local Rule 7.1(i)(1), and will not reallege arguments previously considered and ruled upon by the Court;
DocumentMotion For Reconsideration
Motions addressing the qualifications or testimony of a proposed expert must be brought by the dispositive motion hearing cut-off. They will not be entertained as motions in limine.
DocumentDaubert Motion
All motions for summary judgment must be accompanied by a separate statement of undisputed material facts.
DocumentSummary Judgment Motion
Failure to include required statement results in discrepancy order.
If the moving party fails to submit a separate statement of undisputed material facts with the moving papers, the Court will issue a discrepancy order rejecting the motion for summary judgment to discrepant for failing to comply with this Chambers requirement.
DocumentSummary Judgment Motion
Ex parte motions require meet and confer with opposing party and declaration documenting contact efforts, meet and confer, and opposing position.
Before filing any ex parte motion, counsel must contact the opposing party to meet and confer regarding the subject of the ex parte motion. All ex parte motions will be accompanied by a declaration from counsel documenting; (1) efforts to contact opposing counsel; (2) counsel's meet and confer efforts; and (3) opposing counsel's position regarding the ex parte motion.
DocumentEx Parte Motion
All motions for summary judgment must be accompanied by a separate statement of undisputed material facts.
DocumentMotion
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.
DocumentEx Parte Motion
Ex parte motions require declaration documenting meet and confer efforts.
All ex parte motions will be accompanied by a declaration from counsel documenting; (1) efforts to contact opposing counsel; (2) counsel's meet and confer efforts; and (3) opposing counsel's position regarding the ex parte motion.
DocumentEx Parte Motion
Any evidentiary and procedural objections to the motion for summary judgment must be filed contemporaneously with the opposition brief.
DocumentSummary Judgment Opposition
Similarly, the moving party must file any evidentiary and procedural objections to the opposition brief contemporaneously with its reply brief.
DocumentSummary Judgment Reply
Any opposition to a summary judgment motion must include a response to the moving party's separate statement of undisputed material facts.
DocumentSummary Judgment Opposition
Seal motions must include document description, legal analysis, and supporting affidavits.
Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); and (3) affidavits or declarations in support of the motion.
DocumentMotion To Seal
All motions for temporary restraining orders must be briefed.
DocumentMotion
Pursuant to Section 2(f)(4) of the ECF Manual, all stipulations must be filed as joint motions. Joint motions must be signed by the Court to have legal effect.
DocumentJoint Motion
Parties must file Joint Motion to Dismiss and email proposed order within 28 days of settlement unless filing Notice of Dismissal under FRCP 41(a)(1).
Unless a "Notice of Dismissal" is filed under Federal Rule of Civil Procedure 41(a)(1), for which a court order is not required, the parties must file a "Joint Motion to Dismiss" and email a proposed order to this Court within twenty-eight days of settlement.
DocumentJoint Motion To Dismiss
All motions for temporary restraining orders must be briefed.
DocumentMotion
Settlement requires immediate notice and joint motion to dismiss within 28 days.
If the parties settle a case, counsel must immediately notify this Court and the magistrate judge of the settlement. Unless a “Notice of Dismissal” is filed under Federal Rule of Civil Procedure 41(a)(1), for which a court order is not required, the parties must file a “Joint Motion to Dismiss” and email a proposed order to this Court within twenty-eight days of settlement.
DocumentJoint Motion To Dismiss
Joint proposed pretrial order required 14 days before pretrial conference.
Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email to chambers (efile_cheeks@casd.uscourts.gov) a joint proposed pretrial order at least fourteen (14) days before the pretrial conference. The proposed pretrial order must strictly comply with the requirements set forth in Civil Local Rule 16.1(f)(6)(c). All parties are required to cooperate in completing the proposed pretrial order.
DocumentJoint Proposed Pretrial Order
Parties must file witness and exhibit lists seven (7) days prior to trial date, unless otherwise ordered by the Court.
DocumentWitness And Exhibit Lists
Witness examination must be done from the podium.
DocumentWitness Examination
Proposed jury instructions and verdict forms must be filed with joint pretrial conference order.
The parties must file proposed jury instructions and verdict forms with their joint pretrial conference order, unless otherwise ordered by the Court and email a copy in Word format to efile_cheeks@casd.uscourts.gov.
DocumentJoint Pretrial Conference Order
If counsel wish to expand the scope of the judge’s initial voir dire, they may file proposed voir dire questions no later than seven (7) days before the date of trial, unless otherwise ordered by the Court.
DocumentProposed Voir Dire Questions
Where a party has more than one lawyer, only one lawyer may conduct the examination of a given witness and that lawyer alone may make objections concerning that witness.
DocumentWitness Examination
Filing & Service rules
Electronic Filing Rules
Appropriate ex parte motions may be made after first contacting chambers and must ultimately be filed electronically on CM/ECF.
Appropriate ex parte motions may be made at any time after first contacting chambers, but must ultimately be filed electronically on CM/ECF.
Civil cases
Page 5 | V. Ex Parte Proceedings
Ex parte documents for which opposing parties receive no notice may be filed in paper format under seal.
ECF Manual § 2(i) permits all ex parte documents for which no notice is to be provided to opposing parties to be filed in paper format under seal.
Criminal cases
Page 4 | Ex Parte Requests
Filing Timing and Cure Windows
A noticed motion’s hearing date must be set 35 days after the motion is filed.
Parties filing a noticed motion must set the hearing date to be thirty-five (35) days from the motion’s filing date.
Civil cases
Page 2 | III. MOTION PRACTICE GENERALLY
Motions challenging a proposed expert’s qualifications or testimony must be brought by the dispositive-motion hearing cutoff.
Motions addressing the qualifications or testimony of a proposed expert must be brought by the dispositive motion hearing cut-off.
Civil cases
Page 4 | I. Daubert Motions
Unless the parties file a Rule 41(a)(1) notice of dismissal, they must file a joint motion to dismiss and email a proposed order to the Court within 28 days of settlement.
Unless a “Notice of Dismissal” is filed under Federal Rule of Civil Procedure 41(a)(1), for which a court order is not required, the parties must file a “Joint Motion to Dismiss” and email a proposed order to this Court within twenty-eight days of settlement.
Civil cases
Page 7 | IX. SETTLEMENT AND DISMISSAL
Parties must file witness and exhibit lists seven days before trial, unless the Court orders otherwise.
Parties must file witness and exhibit lists seven (7) days prior to trial date, unless otherwise ordered by the Court.
Civil cases
Page 10 | G. Witness and Exhibit Lists
For a Monday hearing, a continuance motion must be filed by 5:00 p.m. the preceding Wednesday.
By way of example, a motion to continue a hearing set for Monday must be filed by 5:00 p.m. on the preceding Wednesday.
Criminal cases
Page 2 | III. CALENDAR
Motions must be filed at least fourteen days before the noticed date unless the Court shortens the time by order for good cause.
All parties shall adhere strictly to Criminal Local Rule 47.1, which provides that all motions must be filed no later than fourteen (14) days prior to the date for which the motion is noticed unless the Court, by order and for good cause, shortens that time.
Criminal cases
Page 3 | Motions — Briefing Schedule
At least seven calendar days before the first motion hearing, the parties must inform the Court in writing of the agreed discovery-production timetable, proposed expert-disclosure timing, and any disagreements.
Not later than seven (7) calendar days prior to the first motion hearing, the parties must inform the Court in writing of the agreed upon timetable for the production of discovery, including the Alien Registration File, video footage, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement.
Criminal cases
Page 3 | Compliance with Local Rule 16.1
Leave to file supplemental documents requires good cause, and supplemental filings will not be accepted less than seven days before the scheduled motion hearing.
Leave will not be granted absent good cause, and no supplemental filings will be accepted less than seven (7) days prior to the scheduled motion hearing.
Criminal cases
Page 3 | Motions — Reply Briefs and Other Supplemental Documents
Except for motions in limine and motions pertaining to sentencing, motions must be filed at least fourteen calendar days before the hearing.
All motions, except motions in limine and those pertaining to sentencing matters, must be filed at least fourteen (14) calendar days before the hearing date.
Criminal cases
Page 4 | Pretrial Motions
Opposition briefs must be filed at least seven calendar days before the hearing.
Opposition briefs must be filed at least seven (7) calendar days before the hearing date.
Criminal cases
Page 4 | Pretrial Motions
Motions for 5k1.1 departures must be filed 7 days before the scheduled sentencing hearing.
3. Motions for 5k1.1 departures: 7 days prior
Criminal cases
Page 5 | IX. SENTENCING AND SENTENCING SUMMARY CHARTS
Objections to the PSR must be filed 14 days before the scheduled sentencing hearing.
1. Objections to the PSR: 14 days prior
Criminal cases
Page 5 | IX. SENTENCING AND SENTENCING SUMMARY CHARTS
Addenda addressing objections must be filed 7 days before the scheduled sentencing hearing.
5. Addenda addressing objections: 7 days prior
Criminal cases
Page 5 | IX. SENTENCING AND SENTENCING SUMMARY CHARTS
Supporting documents must be filed 7 days before the scheduled sentencing hearing.
6. Supporting documents: 7 days prior
Criminal cases
Page 5 | IX. SENTENCING AND SENTENCING SUMMARY CHARTS
Motions for departures other than 5k1.1 must be filed 14 days before the scheduled sentencing hearing.
2. Motions for departures, other than 5k1.1: 14 days prior
Criminal cases
Page 5 | IX. SENTENCING AND SENTENCING SUMMARY CHARTS
Sentencing summary charts must be filed 7 days before the scheduled sentencing hearing.
4. Sentencing summary charts: 7 days prior
Criminal cases
Page 5 | IX. SENTENCING AND SENTENCING SUMMARY CHARTS
Motions in limine are heard 14 days before trial unless the Court sets another date; motions are due 14 days before the hearing, oppositions 7 days before, and replies are not filed, unless otherwise set by the Court.
B. Motions in Limine: These Motions will be heard fourteen (14) days before the trial date unless otherwise set by the Court. Motions are due fourteen (14) days before the hearing, with any opposition due 7 days before the hearing, unless otherwise set by the Court. No reply memorandum are to be filed.
Criminal cases
Page 8 | IX. TRIAL PROCEDURES
Proposed jury instructions and verdict forms must be filed seven days before trial unless the Court orders otherwise.
The parties must file proposed jury instructions and verdict forms seven (7) days prior to the date of trial, unless otherwise ordered by the Court
Criminal cases
Page 9 | Proposed Jury Instructions
Witness and exhibit lists must be filed seven days before trial unless the Court orders otherwise.
The parties must file witness and exhibit lists seven (7) days prior to the date of the trial, unless otherwise ordered by the Court.
Criminal cases
Page 9 | Witness and Exhibit Lists
Existing case dates and deadlines remain in effect, and discovery and other proceedings continue unless the Court orders otherwise.
All dates and deadlines in the case will remain as set and discovery and other proceedings will go forward until otherwise ordered by the Court.
Civil cases
Page 4 | H. Motions for Reconsideration
Opposing counsel ordinarily has until 5:00 p.m. on the next business day after service to respond.
After service of the ex parte motion, opposing counsel will ordinarily be given until 5:00 p.m. on the next business day to respond.
Civil cases
Page 6 | V. Ex Parte Proceedings
The parties may file trial briefs seven days before trial.
The parties may file trial briefs seven (7) days prior to the date of trial.
Civil cases
Page 9 | D. Trial Briefs
Counsel wishing to expand the judge's initial voir dire may file proposed questions no later than seven days before trial, unless the Court orders otherwise.
If counsel wish to expand the scope of the judge’s initial voir dire, they may file proposed voir dire questions no later than seven (7) days before the date of trial, unless otherwise ordered by the Court.
Civil cases
Page 9 | E. Voir Dire
Missing the sentencing filing deadlines results in a continuance unless counsel is prepared to waive consideration of the late submissions.
Failure to meet these deadlines will result in a continuance of the sentencing hearing unless counsel is prepared to waive consideration of the late submissions.
Criminal cases
Page 5 | IX. SENTENCING AND SENTENCING SUMMARY CHARTS
A party intending to use demonstratives during opening statements must disclose that intention to the opposing party by the Thursday before trial.
D. Demonstratives: Any party who intends to use a demonstrative such as a PowerPoint presentation, poster boards, etc., during opening statements must disclose their intention to the opposing party on or before the Thursday prior to trial.
Criminal cases
Page 8 | IX. TRIAL PROCEDURES
Trial briefs are due on the same date as motions in limine.
C. Trial Briefs: Trial briefs are due the same date as Motions in Limine are to be filed.
Criminal cases
Page 8 | IX. TRIAL PROCEDURES
Counsel may file proposed voir dire questions no later than 7 days before trial.
E. Voir Dire: Counsel may file proposed voir dire questions no later than seven (7) days before the date of trial.
Criminal cases
Page 8 | IX. TRIAL PROCEDURES
Service and Proof of Service Rules
An ex parte motion filed with the Court must be served on opposing counsel by fax, email with return receipt requested, or overnight mail.
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.
Civil cases
Page 5 | V. Ex Parte Proceedings
When the Court requests letters or emails, copies must be delivered to all counsel at the same time.
If letters or emails are requested, copies of the same must be simultaneously delivered to all counsel.
Criminal cases
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
When the Court requests letters or emails, copies must be delivered simultaneously to all counsel.
If letters or emails are requested, copies of the same must be simultaneously delivered to all counsel.
Civil cases
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
The Court strongly prefers service on the opposing party and a reasonable opportunity for that party to file an opposition.
The Court’s strong preference is for the opposing party to be served and afforded a reasonable opportunity to file an opposition.
Civil cases
Page 7 | VII. TEMPORARY RESTRAINING ORDERS
Courtesy Copy Requirements
Paper ex parte filings require digital courtesy copy to efile_cheeks@casd.uscourts.gov.
If a party chooses to file an ex parte document in paper format, then the filing party must also provide a digital courtesy copy sent to the Court’s e-file email address at efile_cheeks@casd.uscourts.gov.
Criminal cases
Page 3 | VI. EX PARTE REQUESTS
If a party chooses to file an ex parte document in paper format, then the filing party must also provide a digital courtesy copy sent to the Court's e-file email address at efile_cheeks@casd.uscourts.gov.
If a party chooses to file an ex parte document in paper format, then the filing party must also provide a digital courtesy copy sent to the Court's e-file email address at efile_cheeks@casd.uscourts.gov.
Criminal cases
Page 4 | VI. EX PARTE REQUESTS
Sealed documents require digital courtesy copy to efile email.
All parties who file a document under seal MUST also submit a digital courtesy copy of the filing to this Court’s e-file email address at efile_cheeks@casd.uscourts.gov.
Criminal cases
Page 7 | VIII. COURTESY COPIES
Documents exceeding 20 pages require a courtesy copy delivered to Chambers within 24 hours of filing.
Unless otherwise ordered by the Court, for any document which exceeds twenty (20) pages in length (including attachments and exhibits), the filing party must deliver a courtesy copy directly to Chambers within 24 hours after filing.
Criminal cases
Page 7 | VIII. COURTESY COPIES
Courtesy copies required for documents over 20 pages.
Unless otherwise ordered by the Court, for any document which exceeds twenty (20) pages in length (including attachments and exhibits), the filing party must deliver a courtesy copy directly to Chambers within 24 hours after filing.
Criminal cases
Page 7 | VIII. COURTESY COPIES
Sealed documents require a digital courtesy copy submitted via email to efile_cheeks@casd.uscourts.gov.
All parties who file a document under seal MUST also submit a digital courtesy copy of the filing to this Court's e-file email address at efile_cheeks@casd.uscourts.gov.
Criminal cases
Page 7 | VIII. COURTESY COPIES
Ex parte motions must be served on opposing counsel via fax, email, or overnight mail.
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.
Civil cases
Page 5 | V. Ex Parte Proceedings
A party filing an ex parte document in paper format must also send a digital courtesy copy to the Court’s e-file email address.
If a party chooses to file an ex parte document in paper format, then the filing party must also provide a digital courtesy copy sent to the Court’s e-file email address at efile_cheeks@casd.uscourts.gov.
Criminal cases
Page 4 | Ex Parte Requests
Unless the Court orders otherwise, a filing longer than 20 pages including attachments and exhibits requires a courtesy copy delivered directly to Chambers within 24 hours after filing.
Unless otherwise ordered by the Court, for any document which exceeds twenty (20) pages in length (including attachments and exhibits), the filing party must deliver a courtesy copy directly to Chambers within 24 hours after filing.
Criminal cases
Page 7 | VIII. COURTESY COPIES
A party filing a document under seal must also email a digital courtesy copy to the Court’s e-file email address.
All parties who file a document under seal MUST also submit a digital courtesy copy of the filing to this Court’s e-file email address at efile_cheeks@casd.uscourts.gov.
Criminal cases
Page 7 | VIII. COURTESY COPIES
For particularly voluminous filings, parties may provide courtesy copies in electronic-media format, such as a USB flash drive.
If a filing is particularly voluminous, parties may provide their courtesy copies in electronic-media format (e.g., USB flash drive).
Criminal cases
Page 7 | VIII. COURTESY COPIES
Sealing & Redaction Procedures
The Court recommends that parties seeking to seal documents that will be filed in conjunction with sentencing documents, noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents. The original motion to seal, and the documents to be sealed, should be submitted to the Clerks' Office prior to filing them. The Clerk's Office will forward the documents to chambers for review.
The Court recommends that parties seeking to seal documents that will be filed in conjunction with sentencing documents, noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents. The original motion to seal, and the documents to be sealed, should be submitted to the Clerks' Office prior to filing them. The Clerk's Office will forward the documents to chambers for review.
Criminal cases
Page 6 | SEEKING LEAVE TO FILE DOCUMENTS UNDER SEAL
Motion to seal must include description, legal analysis, supporting affidavits, and documents.
Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); (3) affidavits or declarations in support of the motion; and (4) the documents to be sealed.
Criminal cases
Page 7 | VIII. COURTESY COPIES
Denied seal motions result in immediate public filing.
If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.
Civil cases
Page 6 | VI. SEEKING LEAVE TO FILE DOCUMENTS UNDER SEAL
If the Court denies a motion to seal filed with a noticed motion, the documents will immediately be filed publicly on CM/ECF.
If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.
Civil cases
Page 6 | VI. SEEKING LEAVE TO FILE DOCUMENTS UNDER SEAL
If the Court denies a motion to seal filed with a noticed motion, the documents will immediately be publicly filed on CM/ECF.
If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.
Criminal cases
Page 7
Denied motions to seal result in immediate public filing on CM/ECF.
If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF.
Criminal cases
Page 7 | VIII. COURTESY COPIES
Seal motions should be filed before related documents.
The Court recommends that parties seeking to seal documents that will be filed in conjunction with noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents.
Civil cases
Page 6 | VI. SEEKING LEAVE TO FILE DOCUMENTS UNDER SEAL
The Court may seal documents to protect sensitive information, limiting sealing to only the documents or portions necessary for that protection.
The Court may seal documents to protect sensitive information; however, the documents to be filed under seal will be limited by the Court to only those documents, or portions thereof, necessary to protect such sensitive information.
Civil cases
Page 6 | VI. SEEKING LEAVE TO FILE DOCUMENTS UNDER SEAL
Before filing the documents to be sealed, the original sealing motion and documents should be submitted to the Clerk’s Office, which will forward them to chambers for review.
The original motion to seal, and the documents to be sealed, should be submitted to the Clerks’ Office prior to filing them. The Clerk’s Office will forward the documents to chambers for review.
Criminal cases
Page 6 | VII. SEEKING LEAVE TO FILE DOCUMENTS UNDER SEAL
The Court may seal only documents or portions necessary to protect sensitive personal or confidential information, and suggests submitting sensitive material separately.
There is a presumptive right of public access to court records based upon common law and first amendment grounds. 1 Even where a public right of access exists, such access may be denied by the Court in order to protect sensitive personal or confidential information. The Court may seal documents to protect sensitive information, however, the documents to be filed under seal will be limited by the Court to only those documents, or portions thereof, necessary to protect such sensitive information. Therefore, it is suggested that sensitive material be submitted in a separate document.
Criminal cases
Page 6 | VII. SEEKING LEAVE TO FILE DOCUMENTS UNDER SEAL
The Court recommends seeking to seal documents filed with sentencing documents, noticed motions, or oppositions or replies to noticed motions before filing those documents.
The Court recommends that parties seeking to seal documents that will be filed in conjunction with sentencing documents, noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents.
Criminal cases
Page 6 | VII. SEEKING LEAVE TO FILE DOCUMENTS UNDER SEAL
Court records have presumptive public access right; sealing limited to documents/portions necessary to protect sensitive personal or confidential information.
There is a presumptive right of public access to court records based upon common law and first amendment grounds. Even where a public right of access exists, such access may be denied by the Court in order to protect sensitive personal or confidential information. The Court may seal documents to protect sensitive information; however, the documents to be filed under seal will be limited by the Court to only those documents, or portions thereof, necessary to protect such sensitive information.
Civil cases
Page 6 | VI. SEEKING LEAVE TO FILE DOCUMENTS UNDER SEAL
Presumptive right of public access to court records.
There is a presumptive right of public access to court records based upon common law and first amendment grounds.
Civil cases
Page 6 | VI. SEEKING LEAVE TO FILE DOCUMENTS UNDER SEAL
The Court recommends seeking to seal documents associated with noticed motions before filing those documents.
The Court recommends that parties seeking to seal documents that will be filed in conjunction with noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents.
Civil cases
Page 6 | VI. SEEKING LEAVE TO FILE DOCUMENTS UNDER SEAL
Pre-Motion Conference Requirements
Motions must be filed at least 14 days before the noticed hearing date.
All parties shall adhere strictly to Criminal Local Rule 47.1, which provides that all motions must be filed no later than fourteen (14) days prior to the date for which the motion is noticed unless the Court, by order and for good cause, shortens that time.
Criminal cases
Page 3 | V. MOTIONS
Pretrial motions filed 14 days before hearing; oppositions 7 days before.
All motions, except motions in limine and those pertaining to sentencing matters, must be filed at least fourteen (14) calendar days before the hearing date. Opposition briefs must be filed at least seven (7) calendar days before the hearing date.
Criminal cases
Page 4 | VII. PRETRIAL MOTIONS
Meet and confer required before filing ex parte motions.
Before filing any ex parte motion, counsel must contact the opposing party to meet and confer regarding the subject of the ex parte motion.
Civil cases
Page 5 | V. Ex Parte Proceedings
Noticed motions must set hearing date 35 days from filing date.
Parties filing a noticed motion must set the hearing date to be thirty-five (35) days from the motion's filing date.
Civil cases
Before filing an ex parte motion, counsel must contact the opposing party and meet and confer about its subject.
Before filing any ex parte motion, counsel must contact the opposing party to meet and confer regarding the subject of the ex parte motion.
Civil cases
Page 5 | V. Ex Parte Proceedings
All motions for temporary restraining orders must be briefed.
All motions for temporary restraining orders must be briefed.
Civil cases
Page 7 | VII. TEMPORARY RESTRAINING ORDERS
Before filing motions in limine, counsel must meet and confer about the intended motions and attempt to resolve issues without court intervention, as appropriate.
Prior to filing motions in limine, counsel must meet and confer and discuss their intended motions in attempt to resolve issues without court intervention, as appropriate.
Civil cases
Page 9
The Court will set a hearing and opposition-brief dates only if warranted after its initial merits review.
The Court will set dates for a hearing and filing of opposition briefs if the Court finds they are warranted following an initial review of the merits of the motion;
Civil cases
Page 4 | H. Motions for Reconsideration
An unopposed ex parte motion may be granted on the ground that it is unopposed.
Ex parte motions that are not opposed will be considered unopposed and may be granted on that ground.
Civil cases
Page 6 | V. Ex Parte Proceedings
The Court may hear temporary restraining orders ex parte only in extraordinary circumstances.
While temporary restraining orders may be heard ex parte, the Court will do so only in extraordinary circumstances.
Civil cases
Page 7 | VII. TEMPORARY RESTRAINING ORDERS
Motions to shorten time are disfavored because they impede the opposing party’s response and the Court’s review and hearing preparation.
Motions to shorten time are disfavored due to the difficulty that untimely filing creates for the opposing party to prepare and file a response, and for the Court to review the parties’ submissions and prepare for hearing.
Criminal cases
Page 3 | Motions — Briefing Schedule
Ex parte papers are decided without a hearing unless the Court requires one, in which case the parties will be contacted to schedule it.
After receipt, moving and opposing ex parte papers will be reviewed and a decision will be made without a hearing. If the Court requires a hearing, the parties will be contacted to set a date and time.
Civil cases
Page 6 | V. Ex Parte Proceedings
In appropriate cases, the Court may issue a limited restraining order to preserve evidence while further briefing is pending.
In appropriate cases, the Court may issue a limited restraining order to preserve evidence pending further briefing.
Civil cases
Page 7 | VII. TEMPORARY RESTRAINING ORDERS
Adjournment & Extension Requirements
Continuance requests must be made via joint or unopposed motion.
All continuance requests require a joint or unopposed motion to continue.
Criminal cases
Page 2 | CALENDAR
Continuance requests require joint or unopposed motion.
All continuance requests require a joint or unopposed motion to continue.
Criminal cases
Page 2 | CALENDAR
Joint motions to continue must include reasons, defendant acknowledgment, and Speedy Trial Act exclusions.
All joint motions to continue must include: (1) the reason(s) for the circumstances establishing good cause for the continuance; (2) defendants who are not in custody must sign off on the Joint Motion and acknowledge and accept the next proposed court date in writing; (3) in cases where the Speedy Trial Clock is active, all joint motions must address any time that should be excluded under the Speedy Trial Act in the joint motion AND proposed order.
Criminal cases
Page 2 | CALENDAR
Continuance requests must be made at least 3 court days before hearing.
Please be advised that all continuance requests must be made no less than three (3) court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date.
Criminal cases
Page 2 | CALENDAR
Joint motions to continue must include good cause reasons, non-custody defendant sign-off, and Speedy Trial Act exclusions when applicable.
All joint motions to continue must include: (1) the reason(s) for the circumstances establishing good cause for the continuance; (2) defendants who are not in custody must sign off on the Joint Motion and acknowledge and accept the next proposed court date in writing; (3) in cases where the Speedy Trial Clock is active, all joint motions must address any time that should be excluded under the Speedy Trial Act in the joint motion AND proposed order.
Criminal cases
Page 2 | CALENDAR
Continuance requests must be filed at least 3 court days before the hearing or they will be denied.
Please be advised that all continuance requests must be made no less than three (3) court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date. By way of example, a motion to continue a hearing set for Monday must be filed by 5:00 p.m. on the preceding Wednesday.
Criminal cases
Page 2 | CALENDAR
Motions must be filed 14 days before hearing date under Criminal Local Rule 47.1.
All parties shall adhere strictly to Criminal Local Rule 47.1, which provides that all motions must be filed no later than fourteen (14) days prior to the date for which the motion is noticed unless the Court, by order and for good cause, shortens that time.
Criminal cases
Page 3 | MOTIONS A. Briefing Schedule
If a party wishes to file a reply brief or other supplemental documents in support of, or in opposition to, a pending motion, the party must seek leave of court to do so. Leave will not be granted absent good cause, and no supplemental filings will be accepted less than seven (7) days prior to the scheduled motion hearing.
If a party wishes to file a reply brief or other supplemental documents in support of, or in opposition to, a pending motion, the party must seek leave of court to do so. Leave will not be granted absent good cause, and no supplemental filings will be accepted less than seven (7) days prior to the scheduled motion hearing.
Criminal cases
Page 3 | MOTIONS B. Reply Briefs and Other Supplemental Documents
In addition, a Local Rule 16.1 report of counsel, the agreed upon timetable for the production of discovery, including the Alien Registration File, video footage, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement must be on file.
In addition, a Local Rule 16.1 report of counsel, the agreed upon timetable for the production of discovery, including the Alien Registration File, video footage, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement must be on file.
Criminal cases
Page 4 | VII. PRETRIAL MOTIONS
Continuance requests must be made at least 3 court days before hearing.
Please be advised that all continuance requests must be made no less than three (3) court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date. By way of example, a motion to continue a hearing set for Monday must be filed by 5 p.m. on the preceding Wednesday.
Criminal cases
Page 4 | VII. PRETRIAL MOTIONS
Opposition briefs must be filed 7 days before hearing date.
Opposition briefs must be filed at least seven (7) calendar days before the hearing date.
Criminal cases
Page 4 | VII. PRETRIAL MOTIONS
Continuance requests must be filed at least 3 court days before hearing.
Please be advised that all continuance requests must be made no less than three (3) court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date. By way of example, a motion to continue a hearing set for Monday must be filed by 5 p.m. on the preceding Wednesday.
Criminal cases
Page 4 | VII. PRETRIAL MOTIONS
Joint continuance motions must state good cause reason and have non-custodial defendants acknowledge next date in writing.
Joint motions to continue must state: (1) a reason for the circumstances establishing good cause for the continuance; and (2) defendants who are not in custody must acknowledge the next court date in writing.
Criminal cases
Page 4 | VII. PRETRIAL MOTIONS
Most motions must be filed 14 days before hearing date.
All motions, except motions in limine and those pertaining to sentencing matters, must be filed at least fourteen (14) calendar days before the hearing date.
Criminal cases
Page 4 | VII. PRETRIAL MOTIONS
Filing deadlines for sentencing documents range from 7 to 14 days prior to hearing; failure results in continuance.
All counsel must adhere strictly to Criminal Local Rule 32.1(a)(5)–(10), which provide the following filing deadlines prior to a scheduled sentencing hearing: 1. Objections to the PSR: 14 days prior 2. Motions for departures, other than 5k1.1: 14 days prior 3. Motions for 5k1.1 departures: 7 days prior 4. Sentencing summary charts: 7 days prior 5. Addenda addressing objections: 7 days prior 6. Supporting documents: 7 days prior Failure to meet these deadlines will result in a continuance of the sentencing hearing unless counsel is prepared to waive consideration of the late submissions.
Criminal cases
Page 5 | SENTENCING AND SENTENCING SUMMARY CHARTS
Continuance requests require meet and confer and joint motion if parties agree.
Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, briefing schedule, or any other procedural change must meet and confer prior to contacting the Court. If the parties reach an agreement, they must file a joint motion
Civil cases
Page 2 | III. MOTION PRACTICE GENERALLY
When parties cannot agree on a continuance or extension, the requesting party must file an ex parte motion containing specific required elements.
If the parties are unable to reach an agreement, the requesting party must file an ex parte motion satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result therefrom. In addition, the ex parte motion must state: (1) the original date; (2) the number of previous continuances and requests that have been made; (3) whether previous requests were granted or denied; and (4) opposing counsel's position regarding the ex parte motion
Civil cases
Page 3 | III. MOTION PRACTICE GENERALLY
Before contacting the Court to request a continuance or other procedural change, parties must meet and confer.
Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, briefing schedule, or any other procedural change must meet and confer prior to contacting the Court.
Civil cases
Page 2 | III. MOTION PRACTICE GENERALLY
If the parties cannot agree on a continuance or extension, the requesting party must file an ex parte motion addressing diligence and prejudice and stating the original date, prior requests and outcomes, and opposing counsel’s position.
If the parties are unable to reach an agreement, the requesting party must file an ex parte motion satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result therefrom. In addition, the ex parte motion must state: (1) the original date; (2) the number of previous continuances and requests that have been made; (3) whether previous requests were granted or denied; and (4) opposing counsel’s position regarding the ex parte motion
Civil cases
Page 3 | III. MOTION PRACTICE GENERALLY
Joint continuance motions must explain good cause, include written agreement to the proposed date from defendants not in custody, and address Speedy Trial Act exclusions in both the motion and proposed order when the clock is active.
All joint motions to continue must include: (1) the reason(s) for the circumstances establishing good cause for the continuance; (2) defendants who are not in custody must sign off on the Joint Motion and acknowledge and accept the next proposed court date in writing; (3) in cases where the Speedy Trial Clock is active, all joint motions must address any time that should be excluded under the Speedy Trial Act in the joint motion AND proposed order.
Criminal cases
Page 2 | III. CALENDAR
Continuance requests must be made at least three court days before the hearing or they will be denied and the hearing will remain on calendar.
Please be advised that all continuance requests must be made no less than three (3) court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date.
Criminal cases
Page 2 | III. CALENDAR
A continuance request must be made by joint or unopposed motion.
All continuance requests require a joint or unopposed motion to continue.
Criminal cases
Page 2 | III. CALENDAR
A continuance will not be granted unless the parties have fully complied with Local Rule 16.1.
No continuance will be granted where the parties have failed to fully comply with Local Rule 16.1.
Criminal cases
Page 2 | III. CALENDAR
A joint motion to continue must state the reason establishing good cause, and defendants not in custody must acknowledge the next court date in writing.
Joint motions to continue must state: (1) a reason for the circumstances establishing good cause for the continuance; and (2) defendants who are not in custody must acknowledge the next court date in writing.
Criminal cases
Page 4 | Pretrial Motions
Parties must notify Courtroom Deputy at earliest possible time for continuance requests.
A party seeking a continuance of a hearing must notify Judge Cheeks' Courtroom Deputy at the earliest possible time.
Criminal cases
Page 2 | CALENDAR
The Courtroom Deputy may administratively continue sentencing matters where all parties agree, if the case has not been continued twice before, and in no event longer than sixty (60) days from the originally scheduled date.
The Courtroom Deputy may administratively continue sentencing matters where all parties agree, if the case has not been continued twice before, and in no event longer than sixty (60) days from the originally scheduled date.
Criminal cases
Page 2 | CALENDAR
Continuance requests should be made by joint motion prior to the hearing, not at the hearing.
Except as provided above, the Court prefers that continuance requests be made by joint motion prior to the scheduled date, and NOT at the time of the hearing.
Criminal cases
Page 2 | CALENDAR
Continuance requests should be made by joint motion before hearing, not at hearing.
Except as provided above, the Court prefers that continuance requests be made by joint motion prior to the scheduled date, and NOT at the time of the hearing.
Criminal cases
Page 2 | CALENDAR
Parties must meet and confer before requesting any continuance or procedural change.
Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, briefing schedule, or any other procedural change must meet and confer prior to contacting the Court.
Civil cases
Except for the administrative continuance procedure described above, the Court prefers joint continuance motions before the scheduled date rather than at the hearing.
Except as provided above, the Court prefers that continuance requests be made by joint motion prior to the scheduled date, and NOT at the time of the hearing.
Criminal cases
Page 2 | III. CALENDAR
The Courtroom Deputy may administratively continue an agreed sentencing matter if it has not previously been continued twice, for no more than 60 days from the original date.
The Courtroom Deputy may administratively continue sentencing matters where all parties agree, if the case has not been continued twice before, and in no event longer than sixty (60) days from the originally scheduled date.
Criminal cases
Page 2 | III. CALENDAR
A party seeking a hearing continuance must notify the Courtroom Deputy as early as possible.
A party seeking a continuance of a hearing must notify Judge Cheeks’ Courtroom Deputy at the earliest possible time.
Criminal cases
Page 2 | III. CALENDAR
Example: Monday hearing continuance must be filed by 5:00 p.m. Wednesday.
By way of example, a motion to continue a hearing set for Monday must be filed by 5:00 p.m. on the preceding Wednesday.
Criminal cases
Page 2 | CALENDAR
Chambers Communication Rules
Letters and emails to chambers are prohibited unless specifically requested by the Court.
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.
Criminal cases
Page 1 | COMMUNICATIONS WITH CHAMBERS
Digital courtesy copies of sealed documents must be submitted to chambers via efile_cheeks@casd.uscourts.gov.
All parties who file a document under seal MUST also submit a digital courtesy copy of the filing to this Court's e-file email address at efile_cheeks@casd.uscourts.gov.
Criminal cases
Page 7 | VIII. COURTESY COPIES
Any time a case is calendared for motions and counsel for either side knows that a disposition is to take place, counsel has a duty to call the Courtroom Deputy Clerk at (619) 557-6038 at the earliest available time to inform the Court of the disposition.
Any time a case is calendared for motions and counsel for either side knows that a disposition is to take place, counsel has a duty to call the Courtroom Deputy Clerk at (619) 557-6038 at the earliest available time to inform the Court of the disposition.
Criminal cases
Page 11 | XI. NOTICE TO COURT OF DISPOSITION
Counsel must call the Courtroom Deputy Clerk at earliest available time to notify the Court when a disposition will occur in a case calendared for motions.
Any time a case is calendared for motions and counsel for either side knows that a disposition is to take place, counsel has a duty to call the Courtroom Deputy Clerk at (619) 557-6038 at the earliest available time to inform the Court of the disposition.
Criminal cases
Letters/emails to chambers are prohibited unless specifically requested by the Court.
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. Copies of correspondence between counsel may not be sent to the Court unless specifically requested by the Court.
Civil cases
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Telephone calls to chambers are restricted to counsel of record only.
Telephone Calls: Parties seeking a motion date for a noticed motion should refer to Section III below. In light of the Court’s procedure for setting motion dates, telephone calls to Chambers are rarely necessary. Such calls may only be made by counsel of record with knowledge of the case. Calls from secretaries, legal assistants, paralegals, or parties represented by counsel are prohibited. Counsel should not call Chambers with procedural questions or to inquire whether any action has been taken with regard to a previously-submitted filing. The Court does not provide time estimates for its written rulings. Court personnel are prohibited from giving legal advice or discussing the merits of a case.
Civil cases
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Joint proposed pretrial order must be lodged by email to chambers at least 14 days before pretrial conference.
Pursuant to Civil Local Rule 16.1(f)(6), the Court requires that the parties lodge by email to chambers (efile_cheeks@casd.uscourts.gov) a joint proposed pretrial order at least fourteen (14) days before the pretrial conference.
Civil cases
Page 8 | XII. TRIAL PROCEDURES - A. Pretrial Conference
Letters or emails to chambers are prohibited unless specifically requested by the Court.
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. Copies of correspondence between counsel may not be sent to the Court unless specifically requested by the Court.
Civil cases
Counsel must contact the magistrate judge’s chambers directly about all discovery matters.
Counsel must contact the magistrate judge’s chambers directly for all matters pertaining to discovery.
Civil cases
Page 2 | II. DISCOVERY
Chambers must be contacted before making an appropriate ex parte motion.
Appropriate ex parte motions may be made at any time after first contacting chambers, but must ultimately be filed electronically on CM/ECF.
Civil cases
Page 5 | V. Ex Parte Proceedings
Upon settlement, counsel must immediately notify the Court and the magistrate judge.
If the parties settle a case, counsel must immediately notify this Court and the magistrate judge of the settlement.
Civil cases
Page 7 | IX. SETTLEMENT AND DISMISSAL
A party seeking a telephonic appearance must contact chambers and leave a voicemail immediately upon learning of the emergency.
If a party needs to appear telephonically before this Court, he or she must contact chambers immediately upon learning of the emergency and leave a voicemail.
Civil cases
Page 7 | XI. TELEPHONIC APPEARANCES
A Word-format copy of proposed jury instructions and verdict forms must be emailed to the stated address; the filing deadline is seven days before trial unless otherwise ordered.
The parties must file proposed jury instructions and verdict forms seven (7) days prior to the date of trial, unless otherwise ordered by the Court and email a copy in Word format to efile_cheeks@casd.uscourts.gov.
Criminal cases
Page 9 | Proposed Jury Instructions
When counsel knows a disposition will occur in a case calendared for motions, counsel must promptly call the Courtroom Deputy Clerk to inform the Court.
Any time a case is calendared for motions and counsel for either side knows that a disposition is to take place, counsel has a duty to call the Courtroom Deputy Clerk at (619) 557-6038 at the earliest available time to inform the Court of the disposition.
Criminal cases
Page 11 | XI. NOTICE TO COURT OF DISPOSITION
Letters/emails to chambers are prohibited unless specifically requested by the Court.
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.
Criminal cases
Page 1 | COMMUNICATIONS WITH CHAMBERS
Telephonic appearances require court approval and emergency circumstances.
Telephonic appearances will be permitted only in emergency circumstances upon court approval. If a party needs to appear telephonically before this Court, he or she must contact chambers immediately upon learning of the need.
Civil cases
Page 7 | XI. TELEPHONIC APPEARANCES
Telephonic appearances only permitted in emergency circumstances upon court approval; must contact chambers immediately.
Telephonic appearances will be permitted only in emergency circumstances upon court approval. If a party needs to appear telephonically before this Court, he or she must contact chambers immediately upon learning of the
Civil cases
Page 7 | XI. TELEPHONIC APPEARANCES
Counsel should not call Chambers with procedural questions or to inquire whether any action has been taken with regard to a previously-submitted filing. The Court does not provide time estimates for its written rulings.
Counsel should not call Chambers with procedural questions or to inquire whether any action has been taken with regard to a previously-submitted filing. The Court does not provide time estimates for its written rulings.
Civil cases
Letters and emails to chambers are prohibited unless the Court specifically requests them.
Letters or emails to chambers are prohibited unless specifically requested by the Court.
Civil cases
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Counsel may not send the Court copies of their correspondence unless the Court specifically requests them.
Copies of correspondence between counsel may not be sent to the Court unless specifically requested by the Court.
Civil cases
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Counsel should not call chambers with procedural questions or to ask about action on a previously submitted filing.
Counsel should not call Chambers with procedural questions or to inquire whether any action has been taken with regard to a previously-submitted filing.
Civil cases
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Secretaries, legal assistants, paralegals, and represented parties may not call chambers.
Calls from secretaries, legal assistants, paralegals, or parties represented by counsel are prohibited.
Civil cases
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Parties seeking a motion date for a noticed motion should refer to Section III below.
Parties seeking a motion date for a noticed motion should refer to Section III below.
Civil cases
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Parties should not contact chambers to obtain a motion hearing date.
Parties should not contact chambers for a motion hearing date.
Civil cases
Page 2 | III. MOTION PRACTICE GENERALLY
Opposing counsel must call chambers to modify the schedule if more response time is needed.
If more time is needed, opposing counsel must call chambers to modify the schedule.
Civil cases
Page 6 | V. Ex Parte Proceedings
Telephonic appearances are permitted only in emergencies and with court approval.
Telephonic appearances will be permitted only in emergency circumstances upon court approval.
Civil cases
Page 7 | XI. TELEPHONIC APPEARANCES
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. Copies of correspondence between counsel may not be sent to the Court unless specifically requested by the Court.
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. Copies of correspondence between counsel may not be sent to the Court unless specifically requested by the Court.
Criminal cases
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Proposed orders related to continuance requests should be emailed to Judge Cheeks’ efile.
All proposed orders should be emailed to Judge Cheeks’ efile.
Criminal cases
Page 2 | III. CALENDAR
Counsel must notify the Court if an interpreter is needed and arrange interpreter services through the department at the stated phone number.
Notify the Court if an interpreter is needed. It is counsel’s responsibility to make arrangements with the Interpreter Services Department at (619) 557-5172.
Criminal cases
Page 9 | Use of the Well/Examining and Approaching Witnesses
Call chambers for matters other than docketing, scheduling, or calendaring.
For matters other than docketing, scheduling, or calendaring, call chambers at (619) 446-3972 and address your inquiries to the Law Clerks.
Criminal cases
Page 1 | COMMUNICATIONS WITH CHAMBERS
Contact Courtroom Deputy Tisha Weisbeck for docketing, scheduling, and calendaring matters.
For docketing, scheduling, and calendaring matters, call Courtroom Deputy Tisha Weisbeck at (619) 557-6038 or email her at Tisha_Weisbeck@casd.uscourts.gov.
Criminal cases
Page 1 | COMMUNICATIONS WITH CHAMBERS
Contact Courtroom Deputy for scheduling; call chambers for other matters.
For docketing, scheduling, and calendaring matters, call Courtroom Deputy Tisha Weisbeck at (619) 557-6038 or email her at Tisha_Weisbeck@casd.uscourts.gov. For matters other than docketing, scheduling, or calendaring, call chambers at (619) 446-3972 and address your inquiries to the Law Clerks.
Criminal cases
Page 1 | COMMUNICATIONS WITH CHAMBERS
Proposed jury instructions must be emailed to chambers at efile_cheeks@casd.uscourts.gov.
email a copy in Word format to efile_cheeks@casd.uscourts.gov
Civil cases
Page 9 | F. Proposed Jury Instructions
When calling chambers, be prepared to identify your matter by case name and case number so your call can be directed to the appropriate law clerk. If your call is not answered, you may leave a voicemail, including your name, contact information, case number, and a detailed message.
When calling chambers, be prepared to identify your matter by case name and case number so your call can be directed to the appropriate law clerk. If your call is not answered, you may leave a voicemail, including your name, contact information, case number, and a detailed message.
Civil cases
Chambers staff may be reached by telephone at (619) 446-3972.
Chambers staff may be reached at (619) 446-3972.
Civil cases
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Callers to chambers should be prepared to identify the case name and case number.
When calling chambers, be prepared to identify your matter by case name and case number so your call can be directed to the appropriate law clerk.
Civil cases
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
If chambers does not answer, callers may leave a voicemail with their name, contact information, case number, and a detailed message.
If your call is not answered, you may leave a voicemail, including your name, contact information, case number, and a detailed message.
Civil cases
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Counsel should contact the CRD for equipment details, instructions, scheduling a preview, and questions about equipment not provided by the Court.
Counsel should contact the CRD for details and instructions and to schedule a preview of the equipment. Counsel should contact the CRD with any questions regarding the use of any other equipment not provided by the Court.
Civil cases
Page 11 | M. Use of Electronic Equipment in the Courtroom
Contact the Courtroom Deputy by phone or email for docketing, scheduling, and calendaring matters.
For docketing, scheduling, and calendaring matters, call Courtroom Deputy Tisha Weisbeck at (619) 557-6038 or email her at Tisha_Weisbeck@casd.uscourts.gov.
Criminal cases
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
For matters other than docketing, scheduling, or calendaring, call chambers and address inquiries to the Law Clerks.
For matters other than docketing, scheduling, or calendaring, call chambers at (619) 446-3972 and address your inquiries to the Law Clerks.
Criminal cases
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Junior Lawyer Participation Incentives
The Court generally decides motions based on the papers submitted by the parties. However, for lawyers with less than 5 years admission to the bar, the Court will hold argument on civil motions 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, notwithstanding their time admitted to the bar, also requests oral argument. Counsel must meet and confer on this issue and advise the Court of their request for oral argument no less than seven (7) days before the hearing by written pleading.
The Court generally decides motions based on the papers submitted by the parties. However, for lawyers with less than 5 years admission to the bar, the Court will hold argument on civil motions 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, notwithstanding their time admitted to the bar, also requests oral argument. Counsel must meet and confer on this issue and advise the Court of their request for oral argument no less than seven (7) days before the hearing by written pleading.
Civil cases
Page 2 | III. MOTION PRACTICE GENERALLY
Junior lawyers (under 5 years) may be granted oral argument if both sides have junior attorneys or if opposing counsel also requests argument.
However, for lawyers with less than 5 years admission to the bar, the Court will hold argument on civil motions 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, notwithstanding their time admitted to the bar, also requests oral argument. Counsel must meet and confer on this issue and advise the Court of their request for oral argument no less than seven (7) days before the hearing by written pleading.
Civil cases
The Court will hold argument on civil motions when attorneys admitted for under five years will argue for both opposing sides, or when one such attorney will argue and the opposing attorney also requests argument.
However, for lawyers with less than 5 years admission to the bar, the Court will hold argument on civil motions 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, notwithstanding their time admitted to the bar, also requests oral argument.
Civil cases
Page 2 | III. MOTION PRACTICE GENERALLY