Judge Benjamin J. Cheeks
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Filings (Ex Parte Document)
Required
Filings (>20 pages)
Required
Filings (Sealed Document)
Required
Filings (Ex Parte Application)
Required
Filings (All filings)
Required
Filings
Required
Adjournments
Must Include
- 1Reason For Request
- 2Original Date
- 3Number Of Previous Requests
- 4Previous Requests Granted Or Denied
- 5Adversary Position
- 6Proposed New Dates
Must Include
- 1Reason For Request
- 2Original Date
- 3Number Of Previous Requests
- 4Previous Requests Granted Or Denied
- 5Adversary Position
- 6Proposed New Dates
- 7Defendant Acknowledgment
- 8Speedy Trial Exclusions
- 9Proposed Rescheduled Date
- 10Affects Other Dates
Must Include
- 1Reason For Request
- 2Original Date
- 3Number Of Previous Requests
- 4Affects Other Dates
Communication
Chambers
Phone
Chambers
Phone
Chambers
Phone
Chambers
Chambers
Phone
Chambers
Letter Ecf
Chambers
Detailed Drafting Rules
Trial briefs are limited to 25 pages.
Trial briefs are limited to twenty-five (25) pages.
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.
Direct to: Chambers
- Status Inquiries
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.
Phone
Direct to: Chambers
- Advance Notice Requirednone
- Hoursunspecified
- Status Inquiries
Reconsideration motions limited to 10 pages, no attachments or exhibits.
The motion for reconsideration must be no more than ten (10) pages in length and may not include attachments or exhibits;
Separate statement must be in table format with enumerated facts and citations.
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.
Evidentiary/procedural objections limited to 5 pages if filed separately.
If filed as a separate document, evidentiary and procedural objections may not exceed five (5) pages in length.
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.
Phone
Direct to: Chambers
- Advance Notice Requiredimmediately upon learning of the need
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.
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.
Letter via ECF
Direct to: Chambers
- Status Inquiries
Counsel may not call Chambers with procedural questions or to inquire about status of filings.
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.
Phone
Direct to: Chambers
- Status Inquiries
When calling chambers, counsel must identify matter by case name/number and may leave detailed voicemail.
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.
Phone
Direct to: Chambers
Motions for reconsideration are limited to 10 pages and cannot include attachments or exhibits.
3. The motion for reconsideration must be no more than ten (10) pages in length and may not include attachments or exhibits;
Evidentiary and procedural objections filed separately are limited to 5 pages.
If filed as a separate document, evidentiary and procedural objections may not exceed five (5) pages in length.
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.
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.
Direct to: Chambers
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
Phone
Direct to: Chambers
- Status Inquiries
Trial briefs are limited to 25 pages and may not include attachments or exhibits.
Trial briefs are limited to twenty-five (25) pages. Attachments or exhibits may not be appended.
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
Direct to: Chambers