Court Rules
district Judge
Verified Current20 hours ago

Judge Benjamin J. Cheeks

Southern District of California

Limits & Logistics

Document Limits

Trial Brief
25 pgs
Motion For Reconsideration
10 pgs
Evidentiary And Procedural Objections
5 pgs
Motion In Limine
5 pgs

Courtesy Copies

Filings (Ex Parte Document)

Required

Filings (>20 pages)

Required

Filings (Sealed Document)

Required

Filings

Required

Adjournments

Notice Required
0Unspecified

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Number Of Previous Requests
  • 4
    Previous Requests Granted Or Denied
  • 5
    Adversary Position
  • 6
    Proposed New Dates

Must Include

  • 1
    Reason For Request
  • 2
    Original Date
  • 3
    Number Of Previous Requests
  • 4
    Previous Requests Granted Or Denied
  • 5
    Adversary Position
  • 6
    Proposed New Dates
  • 7
    Defendant Acknowledgment
  • 8
    Speedy Trial Exclusions
Notice Required
3Court Days
Notice Required
14Calendar Days
Notice Required
7Calendar Days

Communication

Email

Chambers

Advance Notice Required
No Status Inquiries
Phone

Chambers

(619) 446-3972
No Hours, Status Inquiries
Phone

Chambers

(619) 557-6038
Advance Notice Required
No Hours, Status Inquiries
Phone

Chambers

Emergencies
Advance Notice Required
No Hours, Status Inquiries
Filters:AllMandatoryImportantFormattingCommunicationExhibitsMemorandaLettersElectronics

Detailed Drafting Rules

Page or Word LimitMandatory

Trial briefs are limited to 25 pages.

Trial briefs are limited to twenty-five (25) pages.

Page 9
|SecD. Trial Briefs
Communication ProtocolMandatory

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.

Email

Direct to: Chambers

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Prohibited
  • Status Inquiries
Page 1
|SecI. COMMUNICATIONS WITH CHAMBERS
Communication ProtocolMandatory

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

Approved Topics
SchedulingEmergenciesStatus InquiriesTechnical Issues
Requirements
  • Advance Notice Required
    none
Prohibited
  • Hours
    unspecified
  • Status Inquiries
Page 1
|SecI. COMMUNICATIONS WITH CHAMBERS
Page or Word LimitMandatory

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;

Page 4
|SecReconsideration Motions
Format RequirementMandatory

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.

Applies When:Document Type Set Undefined
Page 5
|SecV. Ex Parte Proceedings
Page or Word LimitMandatory

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.

Page 5
|SecV. Ex Parte Proceedings
Communication ProtocolImportant

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

Approved Topics
Emergencies
Requirements
  • Advance Notice Required
    immediately upon learning of the need
Page 7
|SecXI. TELEPHONIC APPEARANCES
Page or Word LimitMandatory

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.

Page 8
|SecXII. TRIAL PROCEDURES